HOUSE BILL No. 4363

 

March 5, 2013, Introduced by Reps. Price, Johnson, Zorn, Pagel and McMillin 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. A meeting is not open to the public if a member

 

of the public body casts his or her vote on a decision of the

 

public body without being physically present at the meeting.

 

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

 

of its members shall take place at a meeting open to the public at

 

which a quorum of the members are physically present, 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

 

Michigan compensation appellate commission operating pursuant to

 

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

 

Michigan compensation appellate commission operating pursuant to

 

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.

 

     (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.