February 25, 2003, Introduced by Senators SCHAUER, BASHAM, EMERSON and CHERRY and referred to the Committee on Banking and Financial Institutions.
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:
1 Sec. 2. As used in this act:
2 (a) "Public body" means any state or local legislative or
3 governing body, including a board, commission, committee,
4 subcommittee, authority, or council, that is empowered by state
5 constitution, statute, charter, ordinance, resolution, or rule to
6 exercise governmental or proprietary authority or perform a
7 governmental or proprietary function; a lessee of such a body
8 performing an essential public purpose and function pursuant to
9 the lease agreement; or
the board of a nonprofit corporation
1 formed by a city under section 4o of the home rule city act, 1909
2 PA 279, MCL 117.4o; or the catastrophic claims association
3 created in section 3104 of the insurance code of 1956, 1956 PA
4 218, MCL 500.3104.
5 (b) "Meeting" means the convening of a public body at which a
6 quorum is present for the purpose of deliberating toward or
7 rendering a decision on a public policy, or any meeting of the
8 board of a nonprofit corporation formed by a city under section
9 4o of the home rule city act, 1909 PA 279, MCL 117.4o.
10 (c) "Closed session" means a meeting or part of a meeting of
11 a public body that is closed to the public.
12 (d) "Decision" means a determination, action, vote, or
13 disposition upon a motion, proposal, recommendation, resolution,
14 order, ordinance, bill, or measure on which a vote by members of
15 a public body is required and by which a public body effectuates
16 or formulates public policy.
17 Sec. 3. (1) All meetings of a public body shall be open to
18 the public and shall be held in a place available to the general
19 public. All persons shall be permitted to attend any meeting
20 except as otherwise provided in this act. The right of a person
21 to attend a meeting of a public body includes the right to
22 tape-record, to videotape, to broadcast live on radio, and to
23 telecast live on television the proceedings of a public body at a
24 public meeting. The exercise of this right shall not be
25 dependent upon the prior approval of the public body. However, a
26 public body may establish reasonable rules and regulations in
27 order to minimize the possibility of disrupting the meeting.
1 (2) All decisions of a public body shall be made at a meeting
2 open to the public.
3 (3) All deliberations of a public body constituting a quorum
4 of its members shall take place at a meeting open to the public
5 except as provided in this section and sections 7 and 8.
6 (4) A person shall not be required as a condition of
7 attendance at a meeting of a public body to register or otherwise
8 provide his or her name or other information or otherwise to
9 fulfill a condition precedent to attendance.
10 (5) A person shall be permitted to address a meeting of a
11 public body under rules established and recorded by the public
12 body. The legislature or a house of the legislature may provide
13 by rule that the right to address may be limited to prescribed
14 times at hearings and committee meetings only.
15 (6) A person shall not be excluded from a meeting otherwise
16 open to the public except for a breach of the peace actually
17 committed at the meeting.
18 (7) This act does not apply to the following public bodies
19 only when deliberating the merits of a case:
20 (a) The worker's compensation appeal board created under the
21 worker's disability
compensation act of 1969, Act No. 317 of the
22 Public Acts of 1969,
as amended, being sections 418.101 to
23 418.941 of the Michigan
Compiled Laws 1969 PA 317, MCL
418.101
24 to 418.941.
25 (b) The employment security board of review created under the
26 Michigan employment security act, Act No. 1 of the Public
Acts
27 of the Extra Session
of 1936, as amended, being sections 421.1 to
1 421.73 of the Michigan
Compiled Laws 1936 (Ex Sess) PA
1, MCL
2 421.1 to 421.75.
3 (c) The state tenure
commission created under Act No. 4 of
4 the Public Acts of the
Extra Session of 1937, as amended, being
5 sections 38.71 to
38.191 of the Michigan Compiled Laws 1937
(Ex
6 Sess) PA 4, MCL 38.71 to 38.191, when acting as a board of review
7 from the decision of a controlling board.
8 (d) An arbitrator or arbitration panel appointed by the
9 employment relations commission under the authority given the
10 commission by Act No.
176 of the Public Acts of 1939, as
11 amended, being
sections 423.1 to 423.30 of the Michigan Compiled
12 Laws 1939 PA 176, MCL 423.1 to 423.30.
13 (e) An
arbitration panel selected under chapter 50A of the
14 revised judicature act
of 1961, Act No. 236 of the Public Acts of
15 1961, being sections
600.5040 to 600.5065 of the Michigan
16 Compiled Laws.
17 (e) (f) The
Michigan public service commission created
18 under Act No. 3 of
the Public Acts of 1939, being sections 460.1
19 to 460.8 of the Michigan
Compiled Laws 1939 PA 3, MCL
460.1 to
20 460.10z.
21 (f) The catastrophic claims association created under section
22 3104 of the insurance code of 1956, 1956 PA 218, MCL 500.3104.
23 (8) This Except
as provided in section 2, this act does not
24 apply to an association of insurers created under the insurance
25 code of 1956, Act No.
218 of the Public Acts of 1956, being
26 sections 500.100 to
500.8302 of the Michigan Compiled Laws 1956
27 PA 218, MCL 500.100 to 500.8302, or other association or facility
1 formed under Act No.
218 of the Public Acts of 1956 the
2 insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, as
3 a nonprofit organization of insurer members.
4 (9) This act does not apply to a committee of a public body
5 which that adopts a nonpolicymaking resolution of
tribute or
6 memorial which resolution is not adopted at a meeting.
7 (10) This act does
not apply to a meeting which that is a
8 social or chance gathering or conference not designed to avoid
9 this act.
10 (11) This act shall
does not apply to the Michigan
11 veterans' trust fund board of trustees or a county or district
12 committee created under Act
No. 9 of the Public Acts of the
13 First Extra Session of
1946, being sections 35.601 to 35.610 of
14 the Michigan
Compiled Laws 1946 (1st Ex Sess)
PA 9, MCL 35.601
15 to 35.610, when the board of trustees or county or district
16 committee is deliberating the merits of an emergent need. A
17 decision of the board of trustees or county or district committee
18 made under this subsection shall be reconsidered by the board or
19 committee at its next regular or special meeting consistent with
20 the requirements of this act. "Emergent need" means a situation
21 which the board of trustees, by rules promulgated under the
22 administrative procedures
act of 1969, Act No. 306 of the Public
23 Acts of 1969, as
amended, being sections 24.201 to 24.328 of the
24 Michigan Compiled Laws 1969
PA 306, MCL 24.201 to 24.328,
25 determines requires immediate action.
26 Enacting section 1. This amendatory act does not take
27 effect unless Senate Bill No. 209
1 of the 92nd Legislature is enacted into
2 law.