PUBLIC ACCESS COUNSELOR DUTIES

Session: 103rd General Assembly
Year: 2024
Bill #: HB5557
Category: FOIA, OMA and Public Notices
Position: Oppose
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Open Meetings Act and the Freedom of Information Act. Provides that the Public Access Counselor may investigate, gather data, and report on a public body for frequent violations of the Acts or for frequent violations of court orders for failure to comply with the Acts. Additionally allows the Public Access Counselor to, under the Freedom of Information Act, investigate, gather data, and report on a public body for failure to comply with that Act, for unreasonably denying a request under that Act, and for failure to adequately inform a requester why a request is denied under that Act. Provides that the Public Access Counselor may start an investigation after receiving a complaint from a person or sua sponte. Allows the Public Access Counselor to impose civil penalties if the Public Access Counselor's investigation finds that a public body has violated the provisions after a hearing with notice to the public body with an opportunity for the public body's representative to be heard. Provides that the Attorney General may enforce a penalty imposed by filing an action in circuit court. Requires the Attorney General to adopt rules to implement the provisions, including the procedures of the investigation and hearings and defining "frequent violation".



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