Bill Text: MI HB4415 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Civil rights: open meetings; suicide fatality review task force; exempt from open meetings act. Amends sec. 3 of 1976 PA 267 (MCL 15.263).

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced - Dead) 2019-04-09 - Bill Electronically Reproduced 04/09/2019 [HB4415 Detail]

Download: Michigan-2019-HB4415-Introduced.html

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HOUSE BILL No. 4415

 

 

March 21, 2019, Introduced by Reps. Griffin, Crawford, Calley, Vaupel, Witwer, Miller, Manoogian, Liberati, Hammoud, Koleszar, Pagan, Camilleri, Anthony and Whitsett and referred to the Committee on Health Policy.

 

     A bill to amend 1976 PA 267, entitled

 

"Open meetings act,"

 

by amending section 3 (MCL 15.263), as amended by 2018 PA 485.

 

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 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 be made at a meeting

 

open to the public. For purposes of any meeting subject to this

 

subsection, except a meeting of any state legislative body, the

 

public body shall establish the following procedures to accommodate

 

the absence of any member of the public body due to military duty:

 

     (a) Procedures by which the absent member may participate in,

 

and vote on, business before the public body, including, if

 

feasible, procedures that ensure 2-way communication.

 

     (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 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 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 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) This act does not apply to a meeting of a suicide

 

fatality review task force conducted pursuant to the suicide

 

fatality review act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4414 (request no.

 

01377'19) of the 100th Legislature is enacted into law.