The bill amends the Open Meetings Act of 1976 to enhance the enforcement mechanisms available when a public body fails to comply with the act. It allows the attorney general, county prosecuting attorney, or another person to initiate a civil action for violations, including seeking a declaratory judgment or mandamus and injunctive relief. The bill specifies that actions against local public bodies must be filed in circuit court, while actions against state public bodies must be filed in the court of claims. Importantly, it removes the requirement for a person to post security to obtain a preliminary injunction or temporary restraining order.
Additionally, the bill introduces provisions for awarding court costs and attorney fees to individuals who successfully obtain judicial findings of noncompliance by a public body. This award is contingent upon specific conditions, such as prior instances of noncompliance or significant public interest in the matter. The bill also establishes a time frame within which actions must be commenced following a violation. The amendments are set to take effect 90 days after the bill is enacted into law.
Statutes affected: Senate Introduced Bill: 15.271