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.
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))