SB-0316, As Passed Senate, September 21, 2016

SENATE BILL No. 316

May 7, 2015, Introduced by Senator JONES and referred to the Committee on Elections and Government Reform.

     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 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.

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

of its members shall 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 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 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, 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 418.274.

     (b) The employment security board of review created under

     (ii) Section 34 of 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, 421.34.

(b) (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, 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) (d) An The employment relations commission or 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.created or appointed

under 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.

(d) (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 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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.