FOIA - VEXATIOUS LITIGANTS

Session: 104th General Assembly
Year: 2025
Bill #: SB2715
Category: FOIA, OMA and Public Notices
Position: Under Review
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

If and only if Senate Bill 243 of the 104th General Assembly, as amended by House Amendment No. 1, becomes law, then the Open Meetings Act is amended to allow a public body to hold closed meetings to consider self evaluation, practices and procedures, or professional ethics, when meeting with a representative of a statewide association (rather than a statewide or regional association) of which the public body is a member. Effective upon becoming law or on the date Senate Bill 243 of the 104th General Assembly takes effect, whichever is later.

Staff Analysis

Bill as Introduced

If and only if Senate Bill 243 of the 104th General Assembly, as amended by House Amendment No. 1, becomes law, then the Open Meetings Act is amended to allow a public body to hold closed meetings to consider self evaluation, practices and procedures, or professional ethics, when meeting with a representative of a statewide association (rather than a statewide or regional association) of which the public body is a member. Effective upon becoming law or on the date Senate Bill 243 of the 104th General Assembly takes effect, whichever is later.

House Floor Amendment 5 (Support)

This amendment to the Freedom of Information Act creates new procedures allowing courts to designate certain individuals as “vexatious litigants” in FOIA-related litigation. Under the proposal, a public body defending a FOIA lawsuit could ask the court to declare a plaintiff a vexatious litigant if the individual has engaged in repeated frivolous, harassing or meritless litigation conduct. If the court grants the request, the court could require the plaintiff to post financial security before the case proceeds on the merits.

The amendment establishes procedures governing vexatious-litigant determinations, including temporary stays of proceedings while the motion is considered, judicial findings required to support the designation and sanctions for failure to post required security. The legislation also authorizes courts to issue prefiling orders restricting future lawsuits by designated vexatious litigants. When such an order is in place, court clerks would be directed not to accept new filings from the litigant unless specific approval requirements are met. The proposal further provides for automatic stays and dismissal procedures for improperly filed actions.

The amendment also requires court clerks to report vexatious-litigant determinations to the Public Access Counselor, which would maintain a registry of individuals designated under the law.

County Impact

Potential county impacts could include reduced litigation costs and administrative burdens for county governments, county elected officials and other local public bodies that frequently respond to repetitive or abusive FOIA lawsuits. County state’s attorneys and civil defense counsel could gain additional legal tools to address serial litigants whose filings consume significant public resources. However, counties and courts may also experience new administrative responsibilities associated with tracking vexatious-litigant orders, maintaining compliance with filing restrictions and coordinating reporting requirements with the Public Access Counselor.


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