SB1963113th GA (Historical)Introduced

Amends TCA Title 8, Chapter 4, Part 6 and Title 8, Chapter 44, Part 1.

This bill provides that, if a court finds that a governing body knew that a meeting of the body was subject to open meetings requirements and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing open meetings law, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel. ON APRIL 17, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1963, AS AMENDED. AMENDMENT #1 clarifies that a "meeting" means the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter. However, the term does not include any on-site inspection of any project or program.

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Overview

This bill provides that, if a court finds that a governing body knew that a meeting of the body was subject to open meetings requirements and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing open meetings law, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel. ON APRIL 17, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1963, AS AMENDED. AMENDMENT #1 clarifies that a "meeting" means the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter. However, the term does not include any on-site inspection of any project or program.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 24, 2024

Subjects
352545102885

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SB1963: Amends TCA Title 8, Chapter 4, Part 6 and Title 8, Chapter 44, Part 1. | LegisGo