HOUSE BILL No. 4612

 

March 18, 2009, Introduced by Reps. Lund, McMillin and Lori and referred to the Committee on Government Operations.

 

     A bill to amend 1976 PA 267, entitled

 

"Open meetings act,"

 

by amending sections 12 and 13 (MCL 15.272 and 15.273).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12. (1) A public official who intentionally violates this

 

act is guilty of a misdemeanor punishable by a fine of not more

 

than $1,000.00.

 

     (2) A public official who is convicted of intentionally

 

violating a provision a second or subsequent violation of this act

 

for a second time within the same term shall be is guilty of a

 

misdemeanor and shall be fined not more than $2,000.00 $5,000.00,

 

or imprisoned for not more than 1 year, or both.

 

     Sec. 13. (1) A public official who intentionally violates this

 


act shall be is personally liable in a civil action for actual and

 

exemplary damages of not more than $500.00 $2,500.00 total, plus

 

court costs and actual attorney fees to a person or group of

 

persons bringing the action.

 

     (2) Not more than 1 action under this section shall be brought

 

against a public official for a single meeting. An action under

 

this section shall be commenced within 180 days after the date of

 

the violation which that gives rise to the cause of action.

 

     (3) An action for damages under this section may be joined

 

with an action for injunctive or exemplary relief under section 11.