Bill Text: MI SB0207 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Civil rights: open meetings; procedures for electronic meetings of public bodies; provide for. Amends sec. 3a of 1976 PA 267 (MCL 15.263).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-04 - Referred To Committee On Government Operations [SB0207 Detail]
Download: Michigan-2021-SB0207-Introduced.html
SENATE BILL NO. 207
March 04, 2021, Introduced by Senator SCHMIDT
and referred to the Committee on Government Operations.
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending section 3a (MCL 15.263a), as amended by 2020 PA 254.
the people of the state of michigan enact:
Sec. 3a. (1) A
meeting of a public body held, in whole or in part, electronically by
telephonic or video conferencing in compliance with this section and, except as
otherwise required in this section, all of the provisions of this act
applicable to a nonelectronic meeting, is permitted by this act in the
following circumstances:
(a) Before March 31, June 30, 2021 and retroactive to March 18, 2020, any
circumstances, including, but not limited to, any of the circumstances
requiring accommodation of absent members described in section 3(2).
(b) On and after March
31, June 30, 2021 through December
31, 2021, only those circumstances requiring accommodation of members absent
for the reasons described in section 3(2). For the purpose of permitting an
electronic meeting due to a local state of emergency or state of disaster, this
subdivision applies only as follows:
(i) To permit the
electronic attendance of a member of the public body who resides in the
affected area.
(ii) To permit the electronic meeting of a public body that
usually holds its meetings in the affected area.
(c) After December 31,
2021, only in the circumstances requiring accommodation of members absent due
to military duty as described in section 3(2).
(2) A meeting of a
public body held electronically under this section must be conducted in a
manner that permits 2-way communication so that members of the public body can
hear and be heard by other members of the public body, and so that public
participants can hear members of the public body and can be heard by members of
the public body and other participants during a public comment period. A public
body may use technology to facilitate typed public comments during the meeting
submitted by members of the public participating in the meeting that may be
read to or shared with members of the public body and other participants to
satisfy the requirement under this subsection that members of the public be
heard by others during the electronic meeting and the requirement under section
3(5) that members of the public be permitted to address the electronic meeting.
(3) Except as otherwise
provided in subsection (8), a physical place is not required for an electronic
meeting held under this section, and members of a public body and members of
the public participating electronically in a meeting held under this section
that occurs in a physical place are to be considered present and in attendance
at the meeting for all purposes.
(4) If a public body
directly or indirectly maintains an official internet presence that includes
monthly or more frequent updates of public meeting agendas or minutes, the
public body shall, in addition to any other notices that may be required under
this act, post advance notice of a meeting held electronically under this
section on a portion of the public body's website that is fully accessible to
the public. The public notice on the website must be included on either the
homepage or on a separate webpage dedicated to public notices for nonregularly
scheduled or electronic public meetings that is accessible through a prominent
and conspicuous link on the website's homepage that clearly describes its
purpose for public notification of nonregularly scheduled or electronic public
meetings. Subject to the requirements of this section, any scheduled meeting of
a public body may be held as an electronic meeting under this section if a
notice consistent with this section is posted at least 18 hours before the
meeting begins. Notice of a meeting of a public body held electronically must
clearly explain all of the following:
(a) Why the public body
is meeting electronically.
(b) How members of the
public may participate in the meeting electronically. If a telephone number,
internet address, or both are needed to participate, that information must be
provided specifically.
(c) How members of the
public may contact members of the public body to provide input or ask questions
on any business that will come before the public body at the meeting.
(d) How persons with
disabilities may participate in the meeting.
(5) Beginning on the
effective date of the amendatory act that added this section, if an agenda
exists for an electronic meeting held under this section by a public body that
directly or indirectly maintains an official internet presence that includes
monthly or more frequent updates of public meeting agendas or minutes, the
public body shall, on a portion of the website that is fully accessible to the
public, make the agenda available to the public at least 2 hours before the
electronic meeting begins. This publication of the agenda does not prohibit
subsequent amendment of the agenda at the meeting.
(6) A public body shall
not, as a condition of participating in an electronic meeting of the public
body held under this section, require a person to register or otherwise provide
his or her name or other information or otherwise to fulfill a condition
precedent to attendance, other than mechanisms established and required by the
public body necessary to permit the person to participate in a public comment
period of the meeting.
(7) Members of the
general public otherwise participating in a meeting of a public body held
electronically under this section are to be excluded from participation in a
closed session of the public body held electronically during that meeting if
the closed session is convened and held in compliance with the requirements of
this act applicable to a closed session.
(8) At a meeting held
under this section that accommodates members absent due to military duty or a
medical condition, only those members absent due to military duty or a medical
condition may participate remotely. Any member who is not on military duty or
does not have a medical condition must be physically present at the meeting to
participate.
