Bill Text: MI HB4471 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Civil rights; open meetings; catastrophic claims association; make subject to open meetings act. Amends secs. 2 & 3 of 1976 PA 267 (MCL 15.262 & 15.263). TIE BAR WITH: HB 4427'09
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2009-04-02 - Referred To Committee On Economic Development And Regulatory Reform [HB4471 Detail]
Download: Michigan-2009-HB4471-Engrossed.html
HB-4471, As Passed House, April 1, 2009
HOUSE BILL No. 4471
February 26, 2009, Introduced by Reps. Scripps, Constan, Jackson, Bennett, Spade, Simpson, Melton, LeBlanc, Gonzales, Byrnes, Rogers, Durhal, Smith, Haugh, Haase, Mayes and Roberts 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 1988 PA 278.
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 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
only when deliberating the merits of a case:
(a) The worker's compensation appeal board created under 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 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.
(f) 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, 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 the insurance code of
1956, 1956 PA 218, MCL 500.100 to
500.8302, 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 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 does not take effect
unless Senate Bill No.____ or House Bill No. 4427(request no.
01119'09) of the 95th Legislature is enacted into law.
