Bill Text: MI HB4766 | 2017-2018 | 99th 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) 2017-06-15 - Bill Electronically Reproduced 06/14/2017 [HB4766 Detail]
Download: Michigan-2017-HB4766-Introduced.html
HOUSE BILL No. 4766
June 14, 2017, Introduced by Reps. Howrylak, Robinson, Hernandez, Zemke, Lucido, Phelps and Miller and referred to the Committee on Law and Justice.
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.
(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 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 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
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 be commenced in the court of appeals.
(4) 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 for injunctive relief to compel compliance or to enjoin
further
noncompliance with the act and succeeds in obtaining relief
in
the action, under subsection
(1) obtains any judicial finding
that the public body did not comply or is not complying with this
act, the person shall recover court costs and actual attorney fees
for the action.
(5) An action under this section shall 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.
