HOUSE BILL No. 4353

 

 

March 14, 2017, Introduced by Reps. Hammoud, Yanez, Hertel, Green, Schor, Webber, Geiss, Howrylak, Sowerby, Lucido, Chang, Wittenberg, Ellison, Love and Garrett and referred to the Committee on Insurance.

 

     A bill to amend 1976 PA 267, entitled

 

"Open meetings act,"

 

by amending sections 2 and 3 (MCL 15.262 and 15.263), section 2 as

 

amended by 2001 PA 38 and section 3 as amended by 1988 PA 278.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Public body" means any state or local legislative or

 

governing body, including a board, commission, committee,

 

subcommittee, authority, or council, that is empowered by state

 

constitution, statute, charter, ordinance, resolution, or rule to

 

exercise governmental or proprietary authority or perform a

 

governmental or proprietary function; a lessee of such a body

 

performing an essential public purpose and function pursuant to the

 

lease agreement; or the board of a nonprofit corporation formed by

 

a city under section 4o of the home rule city act, 1909 PA 279, MCL


117.4o; or the catastrophic claims association created in section

 

3104 of the insurance code of 1956, 1956 PA 218, MCL 500.3104.

 

     (b) "Meeting" means the convening of a public body at which a

 

quorum is present for the purpose of deliberating toward or

 

rendering a decision on a public policy, or any meeting of the

 

board of a nonprofit corporation formed by a city under section 4o

 

of the home rule city act, 1909 PA 279, MCL 117.4o, or a meeting of

 

the catastrophic claims association created in section 3104 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3104.

 

     (c) "Closed session" means a meeting or part of a meeting of a

 

public body that is closed to the public.

 

     (d) "Decision" means a determination, action, vote, or

 

disposition upon a motion, proposal, recommendation, resolution,

 

order, ordinance, bill, or measure on which a vote by members of a

 

public body is required and by which a public body effectuates or

 

formulates public policy.

 

     Sec. 3. (1) All meetings of a public body shall must be open

 

to the public and shall must be held in a place available to the

 

general public. All persons shall must 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 is not be

 

dependent upon on the 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 must be made at a

 

meeting open to the public.

 

     (3) All deliberations of a public body constituting a quorum

 

of its members shall must 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 may 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

 

only when deliberating the merits of a case:

 

     (a) The worker's compensation appeal board created under 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

 

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.

 

     (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.

 

     (d) 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.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.

 

     (e) (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.

 

     (f) The catastrophic claims association created under section

 

3104 of the insurance code of 1956, 1956 PA 218, MCL 500.3104.

 

     (8) This Except for the catastrophic claims association

 

created in section 3104 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3104, 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 the insurance code of 1956, 1956 PA 218, MCL 500.100 to

 

500.8302, 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 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 must 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 does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4354 (request no.

 

00851'17) of the 99th Legislature is enacted into law.