SLS 19RS-310 ORIGINAL
2019 Regular Session
SENATE BILL NO. 66
BY SENATOR RISER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC MEETINGS. Provides relative to open meetings of public bodies. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 42:26(C) and 28 and to enact R.S. 42:26(D), relative to open
3 meetings of public bodies; to provide with respect to the open meetings law; to
4 provide for enforcement of the open meetings law; to provide for an increase in the
5 civil penalty for a knowing and willful violation of the open meetings law; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 42:26(C) and 28 are hereby amended and reenacted and R.S.
9 42:26(D) is hereby enacted to read as follows:
10 §26. Remedies; jurisdiction; authority; attorney fees
11 * * *
12 C. If a person a party who brings an enforcement proceeding pursuant to
13 R.S. 42:25 prevails, he the party shall be awarded reasonable attorney fees and
14 other costs of litigation. If such person party prevails in part, the court may award
15 him the party reasonable attorney fees or an appropriate portion thereof.
16 D. If the court finds that the proceeding was of a frivolous nature and was
17 brought with no substantial justification, it may award reasonable attorney fees to the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 66
SLS 19RS-310 ORIGINAL
1 prevailing party.
2 * * *
3 §28. Civil penalties
4 Any member of a public body who knowingly and wilfully participates in a
5 meeting conducted in violation of this Chapter, shall be subject to a civil penalty not
6 to exceed one five hundred dollars per violation. The member shall be personally
7 liable for the payment of such penalty. A suit to collect such penalty must be
8 instituted within sixty days of the violation.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 66 Original 2019 Regular Session Riser
Present law (R.S. 42:12) provides that it is essential to the maintenance of a democratic
society that public business be performed in an open and public manner and that the citizens
be advised of and aware of the performance of public officials and the deliberations and
decisions that go into the making of public policy.
Present law (R.S. 42:14) provides that every meeting of any public body shall be open to the
public with certain limited exceptions which are provided for in present law (R.S. 42:16, 17,
or 18)such as executive sessions, executive meetings, discussions of professional
competence, or discussions of the mental or physical health of a person, etc.
Present law (R.S. 42:25) provides that the provisions of the open meetings law may be
enforced in court by the attorney general, the district attorney, or a person who has been
denied any right under the open meetings law. Present law (R.S. 42:26) provides that the
court may order any of the following remedies for such violation:
(1)A writ of mandamus.
(2)Injunctive relief.
(3)Declaratory judgment.
(4)Judgment rendering the action that was taken during the public meeting which
violated the open meetings law, void.
(5)Judgment awarding civil penalties.
Present law (R.S. 42:26) further provides that, if a person who brings an enforcement
proceeding prevails, the person bringing the action shall be awarded reasonable attorney fees
and other costs of litigation. Present law further provides that, if the court finds that the
proceeding was of a frivolous nature and was brought with no substantial justification, the
court may award reasonable attorney fees to the prevailing party.
Proposed law retains present law and provides that the district attorney and the attorney
general may also be entitled to reasonable attorney fees and other costs of litigation if the
enforcement against sought prevails against a violator of the open meetings law.
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Coding: Words which are struck through are deletions from existing law;
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SLS 19RS-310 ORIGINAL
Present law (R.S. 42:28) provides that any member of a public body who knowingly and
wilfully participates in a meeting conducted in violation of this present law shall be subject
to a civil penalty not to exceed $100 per violation.
Proposed law retains present law but changes the amount of the civil penalty from $100 to
$500.
Effective August 1, 2019.
(Amends R.S. 42:26(C) and 28; adds R.S. 42:26(D))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.