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
HOUSE Substitute For
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, a medical condition, or a statewide or local state of
emergency or state of disaster 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, 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. If the member is attending the meeting remotely
for a purpose other than for military duty, the member's announcement must
further identify specifically the member's physical location by stating the
county, city, township, or village and state from which he or she is attending the
meeting remotely.
(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.
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 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 January 1, 2021 through December 31, 2021, only those circumstances requiring accommodation of
members absent due to military duty, a medical condition, or a statewide or
local state of emergency or state of disaster as 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.
