Bill Text: MI SB1108 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Civil rights: open meetings; procedures for electronic meetings of public bodies; provide for. Amends sec. 3 of 1976 PA 267 (MCL 15.263) & adds sec. 3a.
Spectrum: Slight Partisan Bill (Republican 8-4)
Status: (Passed) 2020-10-21 - Assigned Pa 0228'20 With Immediate Effect [SB1108 Detail]
Download: Michigan-2019-SB1108-Engrossed.html
Substitute For
SENATE BILL NO. 1108
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending section 3 (MCL 15.263), as amended by 2018 PA 485, and by adding section 3a.
the people of the state of michigan enact:
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 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 meeting.
(2) All decisions of a public body shall
must be made at a meeting open to
the public. For purposes of any meeting subject to this subsection, section, except a meeting of any state legislative
body at which a formal vote is taken,
the public body shall, subject to section 3a,
establish the following procedures to accommodate the absence of any member of
the public body due to military duty,
medical condition, or a statewide or local state of emergency declared pursuant
to law or charter by the governor or a local official or local governing body
that would risk the personal health or safety of members of the public or the
public body if the meeting were held in person:
(a) Procedures by which the absent member may participate in,
and vote on, business before the public body, including, if feasible,
but not limited to, procedures that ensure
2-way provide for both of the following:
(i) Two-way communication.
(ii) For each member of the public body attending
the meeting remotely from a location outside this state for a reason unrelated
to obtaining medical treatment, a public announcement at the outset of the
meeting by that member, to be included in the meeting minutes, that the member
is in fact attending the meeting remotely from a location outside this state.
This subparagraph does not require the member to identify specifically where he
or she is physically located at the time of the meeting.
(b) Procedures by which the public is provided notice of the
absence of the member and information about how to contact that member sufficiently in advance of a meeting of the
public body to provide input on any business that will come before the public
body.
(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 must 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 must 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 must 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, if the 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 action.
(12) As used in subsection (2):
(a) "Formal vote" means a vote on a bill,
amendment, resolution, motion, proposal, recommendation, or any other measure on which a vote by members of a state legislative body
is required and by which the state legislative body effectuates or formulates
public policy.
(b) "Medical
condition" means an illness, injury, disability, or other health-related
condition substantiated in writing by an appropriate medical provider without
disclosure of any specific diagnosis or other private medical information.
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 January 1, 2021 and retroactive to April 30,
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 January 1, 2021 through December 31, 2021, only those circumstances requiring
accommodation of members absent
due to a medical condition or statewide or local state of emergency as
described in section 3(2).
(c) On and after
January 1, 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)
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, 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, a public
body that directly or indirectly maintains an official internet presence shall
make the agenda available to the public on the internet 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.
