Bill Text: MI HB4179 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil rights; open meetings; remedies for violations of the open meetings act; revise. Amends sec. 11 of 1976 PA 267 (MCL 15.271).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-14 - Bill Electronically Reproduced 02/13/2019 [HB4179 Detail]
Download: Michigan-2019-HB4179-Introduced.html
HOUSE BILL No. 4179
February 13, 2019, Introduced by Rep. Miller and referred to the Committee on Judiciary.
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending section 11 (MCL 15.271).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) If a public body did not comply or is not
complying with this act, the attorney general, prosecuting attorney
of
the county in which the public body serves, or a another person
may commence a civil action for any of the following:
(a) A declaratory judgment that the public body violated or is
violating this act. This subdivision does not apply to a violation
of this act that occurred before the effective date of the
amendatory act that added this subdivision.
(b)
Mandamus or injunctive relief to compel
compliance or to
enjoin further noncompliance with this act.
(2)
An Except as provided in
subsection (3), an action for
injunctive
relief under subsection (1) against a local public body
shall
must be commenced in the circuit court, and venue is
proper
in
any county in which the public body serves. An Except as
provided
in subsection (3), an action for an
injunction under
subsection
(1) against a state public body shall
must be commenced
in
the circuit court and venue is proper in any county in which the
public
body has its principal office, or in Ingham county. If a
person
commences an action for injunctive relief, that court of
claims.
A person shall is not
be required to post security as a
condition for obtaining a preliminary injunction or a temporary
restraining order.
(3) An action for mandamus against a public body under this
act
shall must be commenced in the court of appeals.
(4)
If Before the effective
date of the amendatory act that
added this phrase, if a public body is not complying with this act,
and a person commences a civil action against the public body for
injunctive relief to compel compliance or to enjoin further
noncompliance
with the this act and succeeds in obtaining relief in
the
action, the court shall award the person shall recover court
costs and actual attorney fees for the action.
(5) On and after the effective date of the amendatory act that
added this subsection, if a public body did not comply or is not
complying with this act, and a person who commences a civil action
against the public body under subsection (1) obtains any judicial
finding that the public body did not comply or is not complying
with this act, the court shall award the person court costs and
actual attorney fees for the action.
(6) An action under this section must be commenced within 1
year after the date of the violation that gave rise to the cause of
action.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
