Bill Text: MI SB0241 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Civil rights; open meetings; catastrophic claims association; make subject to open meetings act. Amends secs. 2 & 3 of 1976 PA 267 (MCL 15.262 & 15.263). TIE BAR WITH: SB 0240'17

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-15 - Referred To Committee On Insurance [SB0241 Detail]

Download: Michigan-2017-SB0241-Introduced.html

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SENATE BILL No. 241

 

 

March 15, 2017, Introduced by Senators BIEDA, YOUNG, JOHNSON, GREGORY, HERTEL, CONYERS, HOOD, ANANICH and ROCCA and referred to the Committee on Insurance.

 

 

     A bill to amend 1976 PA 267, entitled

 

"Open meetings act,"

 

by amending sections 2 and 3 (MCL 15.262 and 15.263), section 2 as

 

amended by 2001 PA 38 and section 3 as amended by 2016 PA 504.

 

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Public body" means any state or local legislative or

 

governing body, including a board, commission, committee,

 

subcommittee, authority, or council, that is empowered by state

 

constitution, statute, charter, ordinance, resolution, or rule to

 

exercise governmental or proprietary authority or perform a

 

governmental or proprietary function; a lessee of such a body

 

performing an essential public purpose and function pursuant to the

 

lease agreement; or the board of a nonprofit corporation formed by

 

a city under section 4o of the home rule city act, 1909 PA 279, MCL

117.4o; or the catastrophic claims association created in section

 

3104 of the insurance code of 1956, 1956 PA 218, MCL 500.3104.

 

     (b) "Meeting" means the convening of a public body at which a

 

quorum is present for the purpose of deliberating toward or

 

rendering a decision on a public policy, or any meeting of the

 

board of a nonprofit corporation formed by a city under section 4o

 

of the home rule city act, 1909 PA 279, MCL 117.4o, or a meeting of

 

the catastrophic claims association created in section 3104 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3104.

 

     (c) "Closed session" means a meeting or part of a meeting of a

 

public body that is closed to the public.

 

     (d) "Decision" means a determination, action, vote, or

 

disposition upon a motion, proposal, recommendation, resolution,

 

order, ordinance, bill, or measure on which a vote by members of a

 

public body is required and by which a public body effectuates or

 

formulates public policy.

 

     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 shall is not be

 

dependent upon 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.

 

     (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 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 may 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.

 

     (e) The catastrophic claims association created under section

 

3104 of the insurance code of 1956, 1956 PA 218, MCL 500.3104.

 

     (8) This Except for the catastrophic claims association

 

created in section 3104 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3104, 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,

 

which 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.

 

     Enacting section 1. This amendatory act does not take effect

 

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

 

02279'17) of the 99th Legislature is enacted into law.