Bill Text: MI HB6207 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil rights: open meetings; procedures for electronic meetings of public bodies; provide for. Amend sec. 3 of 1976 PA 267 (MCL 15.263) & adds sec. 3a.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-12-01 - Placed On Third Reading [HB6207 Detail]
Download: Michigan-2019-HB6207-Introduced.html
HOUSE BILL NO. 6207
September 15, 2020, Introduced by Reps.
Meerman, Maddock, Leutheuser, Sabo, Ellison and Brixie and referred to the
Committee on Government Operations.
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, 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, medical
condition, or a statewide or locally declared state of emergency 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, procedures
that ensure provide for 2-way communication consistent with section 3a. For a member absent due to military duty, the
requirement of 2-way communication applies only if it is feasible in the
circumstances.
(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.
Sec. 3a. (1) A meeting of a public
body may be held electronically by telephonic or video conferencing in
compliance with this section. Except as provided in this section, an electronic
meeting is subject to the same requirements as a nonelectronic meeting under
this act.
(2)
A meeting of a public body held electronically 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 that
may be read to or shared with members of the public body and other participants
to satisfy the requirement that members of the public can be heard by others
during the electronic meeting.
(3)
A physical place is not required for an electronic meeting, and members of a
public body and members of the public participating electronically in a meeting
that is held 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
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. Any scheduled meeting of a public body may be held as an electronic
meeting 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)
If an agenda exists for an electronic meeting, 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, 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 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 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.
