2019 Regular Session ENROLLED
SENATE BILL NO. 66
BY SENATOR RISER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 party who brings an enforcement proceeding pursuant to R.S.
13 42:25 prevails, he the party shall be awarded reasonable attorney fees and other
14 costs of litigation. If such person party prevails in part, the court may award him the
15 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
18 prevailing party.
19 * * *
20 §28. Civil penalties
21 Any member of a public body who knowingly and wilfully participates in a
22 meeting conducted in violation of this Chapter, shall be subject to a civil penalty not
23 to exceed one five hundred dollars per violation. The member shall be personally
ACT No. 340
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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 ENROLLED
1 liable for the payment of such penalty. A suit to collect such penalty must be
2 instituted within sixty days of the violation.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.