February 9, 2017, Introduced by Reps. Theis, Marino, Cox and Moss and referred to the Committee on Oversight.
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending section 3 (MCL 15.263), as amended by 1988 PA 278.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) All meetings of a public body shall be open to the
public and shall be held in a place available to the general
public. All persons shall be permitted to attend any meeting except
as otherwise provided in this act. The right of a person to attend
a meeting of a public body includes the right to tape-record, to
videotape, to broadcast live on radio, and to telecast live on
television the proceedings of a public body at a public meeting.
The
exercise of this right shall not be dependent upon the does not
depend on prior approval of the public body. However, a public body
may
establish reasonable rules and regulations in order to minimize
the possibility of disrupting the meeting.
(2) All decisions of a public body shall be made at a meeting
open to the public. For a decision of a public body consisting only
of elected members to be considered to be made at a meeting open to
the public, each member of the public body who votes on the issue
must be physically present when casting his or her vote. The
requirement to be physically present to vote does not apply to an
emergency session conducted in compliance with section 5(5) or to a
meeting to address critical personnel or infrastructure issues, if
a delay could result in unnecessary or increased costs or liability
to a local unit of government. The requirement to be physically
present to vote does not apply to an elected member who is called
for military duty. The requirement to be physically present to vote
may be waived by the elective body for 1 meeting each year for each
member if all of the following conditions are met:
(a) The vote is cast through a video conference system.
(b) The absence is for good cause, including, but not limited
to, a serious illness of the member or his or her family member or
the death of a family member.
(3) All deliberations of a public body constituting a quorum
of its members shall take place at a meeting open to the public
except as provided in this section and sections 7 and 8.
(4) A person shall not be required as a condition of
attendance at a meeting of a public body to register or otherwise
provide his or her name or other information or otherwise to
fulfill a condition precedent to attendance.
(5) A person shall be permitted to address a meeting of a
public body under rules established and recorded by the public
body. The legislature or a house of the legislature may provide by
rule that the right to address may be limited to prescribed times
at hearings and committee meetings only.
(6) A person shall not be excluded from a meeting otherwise
open to the public except for a breach of the peace actually
committed at the meeting.
(7) This act does not apply to the following public bodies,
but only when deliberating the merits of a case:
(a)
The worker's compensation appeal board created under the
Michigan compensation appellate commission operating pursuant to
either of the following:
(i) The worker's
disability compensation act of 1969, Act No.
317
of the Public Acts of 1969, as amended, being sections 418.101
to
418.941 of the Michigan Compiled Laws.1969 PA 317, MCL 418.101
to 418.941.
(b)
The employment security board of review created under the
(ii) The Michigan
employment security act, Act No. 1 of the
Public
Acts of the Extra Session of 1936, as amended, being
sections
421.1 to 421.73 of the Michigan Compiled Laws.1936 (Ex
Sess) PA 1, MCL 421.1 to 421.75.
(b) (c)
The state tenure commission created
under Act No. 4 of
the
Public Acts of the Extra Session of 1937, as amended, being
sections
38.71 to 38.191 of the Michigan Compiled Laws, 1937 (Ex
Sess) PA 4, MCL 38.71 to 38.191, when acting as a board of review
from the decision of a controlling board.
(c) (d)
An The employment relations
commission or an
arbitrator
or arbitration panel appointed by the employment
relations
commission under the authority given the commission by
Act
No. 176 of the Public Acts of 1939, as amended, being sections
423.1
to 423.30 of the Michigan Compiled Laws.created or appointed
under 1939 PA 176, MCL 423.1 to 423.30.
(e)
An arbitration panel selected under chapter 50A of the
revised
judicature act of 1961, Act No. 236 of the Public Acts of
1961,
being sections 600.5040 to 600.5065 of the Michigan Compiled
Laws.
(d) (f)
The Michigan public service
commission created under
Act
No. 3 of the Public Acts of 1939, being sections 460.1 to 460.8
of
the Michigan Compiled Laws.1939
PA 3, MCL 460.1 to 460.11.
(8) This act does not apply to an association of insurers
created
under the insurance code of 1956, Act No. 218 of the Public
Acts
of 1956, being sections 500.100 to 500.8302 of the Michigan
Compiled
Laws, 1956 PA 218, MCL
500.100 to 500.8302, or other
association
or facility formed under Act No. 218 of the Public Acts
of
1956 that act as a nonprofit organization of insurer members.
(9) This act does not apply to a committee of a public body
which
that adopts a nonpolicymaking resolution of tribute or
memorial, which
if the resolution is not adopted at a meeting.
(10)
This act does not apply to a meeting which that is
a
social or chance gathering or conference not designed to avoid this
act.
(11)
This act shall does not apply to the Michigan veterans'
trust fund board of trustees or a county or district committee
created
under Act No. 9 of the Public Acts of the first extra
session
of 1946, being sections 35.601 to 35.610 of the Michigan
Compiled
Laws, 1946 (1st Ex Sess) PA
9, MCL 35.602 to 35.610, when
the board of trustees or county or district committee is
deliberating the merits of an emergent need. A decision of the
board of trustees or county or district committee made under this
subsection shall be reconsidered by the board or committee at its
next regular or special meeting consistent with the requirements of
this
act. "Emergent need" means a situation which that the
board of
trustees, by rules promulgated under the administrative procedures
act
of 1969, Act No. 306 of the Public Acts of 1969, as amended,
being
sections 24.201 to 24.328 of the Michigan Compiled Laws, 1969
PA 306, MCL 24.201 to 24.328, determines requires immediate action.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.