November 30, 2017, Introduced by Senators MEEKHOF, STAMAS and MARLEAU and referred to the Committee on Michigan Competitiveness.




     A bill to amend 1976 PA 267, entitled


"Open meetings act,"


by amending section 3 (MCL 15.263), as amended by 2016 PA 504.




     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 not be dependent


upon does not depend 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




     (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.


     (8) 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




     (12) This act does not apply to either of the following:


     (a) A financial management team as created under section 9a of


the local financial stability and choice act, 2012 PA 436, MCL




     (b) The local government retirement stability board as created


under section 7 of the protecting local government retirement and


benefits act.