Virginia Freedom of Information Act; increases civil penalties.
Summary
HB2275 would amend the Virginia Freedom of Information Act (FOIA) penalty provision to substantially increase civil penalties for certain willful violations by public officials and public body members. For first-time violations found to be willful and knowing, the bill raises the minimum and maximum individual civil penalty from $500-$2,000 to $2,000-$4,000. For second or subsequent violations, it raises the range from $2,000-$5,000 to $4,000-$6,000.
The bill also preserves and clarifies additional penalties for conduct involving the destruction or alteration of requested public records to avoid FOIA obligations, allowing courts to impose up to $100 per record. It further increases penalties for improper certification of a closed meeting, authorizing up to $1,000 for a first violation and up to $7,500 for later violations, while directing courts to consider mitigating factors such as reliance on Attorney General opinions, relevant court cases, and opinions of the Virginia Freedom of Information Advisory Council.
Impact
The bill would directly amend § 2.2-3714 of the Code of Virginia, the FOIA enforcement and penalties statute, by increasing the financial exposure of individual officers, employees, members of public bodies, and in some cases the public body itself. It would not change the underlying disclosure duties in FOIA, but it would make enforcement more punitive for willful noncompliance, record destruction, and improper closed-meeting certifications. Penalty payments would continue to go to the Literary Fund.
Sentiment
The available voting history suggests limited support for advancing the bill. It was recommended to be stricken from the docket by a subcommittee and then stricken from the docket by the House General Laws Committee, both by unanimous votes. No committee transcript is available, so the record reflects procedural rejection rather than a recorded policy debate.
Contention
The main point of contention appears to be whether FOIA penalties should be increased substantially to deter violations or whether the existing penalty structure is sufficient. The bill targets individual officials and public bodies with higher fines, which could raise concerns about over-penalizing good-faith mistakes, especially in light of the bill’s mitigation language for reliance on legal guidance. Supporters would likely frame the measure as strengthening transparency and accountability, while opponents would likely argue that the higher penalties are excessive or could chill local government decision-making.