March 15, 2017, Introduced by Senators BIEDA, YOUNG, JOHNSON, GREGORY, HERTEL, CONYERS, HOOD, ANANICH and ROCCA 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 2016 PA 504.
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,
but only when deliberating the merits of a case:
(a) The Michigan compensation appellate commission operating
as described in either of the following:
(i) Section 274 of the worker's disability compensation act of
1969, 1969 PA 317, MCL 418.274.
(ii) Section 34 of the Michigan employment security act, 1936
(Ex Sess) PA 1, 421.34.
(b) The state tenure commission created in section 1 of
article VII of 1937 (Ex Sess) PA 4, MCL 38.131, when acting as a
board of review from the decision of a controlling board.
(c) The employment relations commission or an arbitrator or
arbitration panel created or appointed under 1939 PA 176, MCL 423.1
to 423.30.
(d) The Michigan public service commission created under 1939
PA 3, MCL 460.1 to 460.11.
(e) 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, 1956 PA 218, MCL 500.100
to 500.8302, or other association or facility formed under that act
as a nonprofit organization of insurer members.
(9) This act does not apply to a committee of a public body
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 that is a social or
chance gathering or conference not designed to avoid this act.
(11) This act does not apply to the Michigan veterans' trust
fund board of trustees or a county or district committee created
under 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 that the board of trustees, by
rules promulgated under the administrative procedures act of 1969,
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. ____ (request no.
02279'17) of the 99th Legislature is enacted into law.