Bill Text: MI SB0641 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Civil rights: open meetings; provisions of open meetings act relating to virtual attendance and participation of members of public bodies at public meetings; revise. Amends secs. 3 & 7 of 1976 PA 267 (MCL 15.263 & 15.267); adds sec. 3b & repeals sec. 3a of 1976 PA 267 (MCL 15.263a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-11-07 - Referred To Committee On Oversight [SB0641 Detail]
Download: Michigan-2023-SB0641-Introduced.html
SENATE BILL NO. 641
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending sections 3 and 7 (MCL 15.263 and 15.267), section 3 as amended by 2020 PA 254 and section 7 as amended by 1996 PA 464, and by adding section 3b; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 3. (1) All meetings of a public body must be open to the public and must be held in a place available to the general public. All persons 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. For a meeting of a public body held in person before April 1, 2021, the public body shall do both of the following:
(a) To the extent feasible under the circumstances, ensure adherence to social distancing and mitigation measures recommended by the Centers for Disease Control and Prevention for purposes of preventing the spread of COVID-19, including the measure that an individual remain at least 6 feet from anyone from outside the individual's household.
(b) Adopt heightened standards of facility cleaning and disinfection to limit participant exposure to COVID-19, as well as protocols to clean and disinfect in the event of a positive COVID-19 case in the public body's meeting place.
(2) All decisions of a public body must be made at a meeting open to the public. For purposes of any meeting subject to this 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 or local ordinance by the governor or a local official, governing body, or chief administrative officer 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, but not limited to, procedures that 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 must take place at a meeting open to the public except as provided in this section and sections 7 and 8.
(4) A person An individual must not be required as a condition of attendance at a meeting of a public body to register or otherwise provide his or her the individual's name or other information or otherwise to fulfill a condition precedent to attendance.
(5) A person An individual 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 An individual 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 must be reconsidered by the board or committee at its next regular or special meeting consistent with the requirements of this act. "Emergent As used in this subsection, "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. 3b. (1) Remote attendance and participation electronically at a meeting of a public body is permitted under this act only as provided in this section. Except as otherwise provided in this section, all of the provisions of this act applicable to a meeting of a public body held entirely in person in a physical place apply to a meeting of a public body at which 1 or more members attend remotely under this section.
(2) Subject to subsections (5) to (8), all of the following apply to a meeting of a Class A public body:
(a) The public body shall hold the meeting in a physical place at which at least a quorum of the public body attends in person.
(b) A member not attending in person who attends remotely may fully participate in all discussions and deliberations but shall not participate in any decisions, such as a vote taken on any motion, proposal, recommendation, resolution, order, ordinance, bill, or measure by which the public body effectuates or formulates public policy. The remote participation authorized by this subdivision does not apply to any given agenda item unless the remotely attending member maintains 2-way communication with everyone attending the meeting throughout the public body's consideration of the agenda item.
(c) The public body may permit members of the public to attend the meeting and participate remotely pursuant to reasonable rules and procedures established and published by the public body.
(3) Subject to subsections (5) to (8), all of the following apply to a meeting of a Class B public body:
(a) The public body shall hold the meeting in a physical place at which at least 1/3 of the public body's members attend in person.
(b) A member not attending in person who attends remotely may fully participate in all discussions, deliberations, and decisions, including any vote that may be taken. The remote participation authorized by this subdivision does not apply to any given agenda item unless the remotely attending member maintains 2-way communication with everyone attending the meeting throughout the public body's consideration of the agenda item.
(c) The public body may permit members of the public to attend the meeting and participate remotely pursuant to reasonable rules and procedures established and published by the public body.
(4) Subject to subsections (5) to (8), all of the following apply to a meeting of a Class C public body:
(a) The meeting may be held in a manner that allows some or all of the public body's members to participate remotely in all discussions, deliberations, and decisions, including any vote that may be taken. The remote participation authorized by this subdivision does not apply to any given agenda item unless the remotely attending member maintains 2-way communication with everyone attending the meeting throughout the public body's consideration of the agenda item.
(b) If the meeting is not held in a physical place open to the public, the public body shall provide the public with a means to remotely attend the meeting and participate pursuant to reasonable rules and procedures established and published by the public body.
(c) If the meeting is held in a physical place open to the public, the public body may further provide the public with a means to remotely attend the meeting and participate pursuant to reasonable rules and procedures established and published by the public body.
(5) All of the following apply to a public body's rules and procedures established and published for the purpose of providing the public with a means to remotely attend a meeting:
(a) Members of the public must not be required to maintain any more connectivity or complex communications than are used by any member of the public body attending remotely.
(b) The remote participation of nonconstituents may be more limited than the remote participation of constituents.
(c) The public body's rules and procedures must not prevent the public body from complying with the Americans with disabilities act of 1990, Public Law 101-336, or the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1101 to 37.1607, insofar as either or both of these acts may require the public body to provide a member of the public with an accommodation in the form of remote attendance and participation in a meeting of the public body due to a disability.
(6) Both of the following apply to a closed session if 1 or more members of the public body attend remotely:
(a) The participation of a remotely attending member of a Class A public body, Class B public body, or Class C public body is subject to the requirements and limitations described in subsection (2)(b), (3)(b), or (4)(a), respectively.
(b) The public body shall ensure that any nonmember whose attendance and participation is invited by the public body or who has a right to demand a closed session for a personnel issue is provided with adequate means to remotely attend the closed session if the nonmember would rather attend remotely than in person.
(7) Regardless of how a meeting of a public body is conducted, during the meeting, all electronic communications between members of the public body regarding the business of the meeting must be transmitted to everyone attending the meeting, whether in person or remotely. A member of a public body shall not engage in any private communication with another member of the public body regarding the business of the meeting by telephone, text, email, social media, or otherwise.
(8) As used in this section:
(a) "Class A public body" means a public body that has both of the following:
(i) A majority of members consisting of 1 of the following:
(A) Individuals elected to serve on the public body.
(B) Individuals elected to serve in some other state or local public office.
(C) A combination of individuals described in sub-subparagraphs (A) and (B).
(ii) Legislative powers, taxing or spending authority, disciplinary powers, or jurisdiction over citizen issues, appeals, or reviews.
(b) "Class B public body" means a public body that is not a Class A public body and that has legislative powers, taxing or spending authority, disciplinary powers, or jurisdiction over citizen issues, appeals, or reviews.
(c) "Class C public body" means a public body that is not a Class A public body or Class B public body.
(d) "Taxing or spending authority" means having either or both of the following:
(i) The authority to levy or impose any tax on persons, property, or transactions within the jurisdiction of the public body. As used in this subparagraph, "tax" does not include access, user, registration, or licensing fees, service charges, special assessments, or the like.
(ii) The authority to spend revenues raised by any tax described in subparagraph (i).
Sec. 7. (1) A 2/3 roll call vote of members elected or appointed and serving is required to call a closed session, except for the closed sessions permitted under section 8(a), 8(1)(a), (b), (c), (g), (i), and (j). The roll call vote and the purpose or purposes for calling the closed session shall must be entered into the minutes of the meeting at which the vote is taken.
(2) A separate set of minutes shall must be taken by the clerk or the designated secretary of the public body at the closed session. These minutes shall must be retained by the clerk of the public body, are must not be made available to the public, and shall only must not be disclosed if unless required by a civil action filed under section 10, 11, or 13. These minutes may be destroyed 1 year and 1 day after approval of the minutes of the regular meeting at which the closed session was approved.
(3) In addition to the requirements of subsections (1) and (2), a closed session attended remotely by 1 or more members of the public body is subject to the requirements of section 3b(6).
Enacting section 1. Section 3a of the open meetings act, 1976 PA 267, MCL 15.263a, is repealed.
Enacting section 2. The provisions in section 3b(2)(c), (3)(c), and (4)(c) of the open meetings act, 1976 PA 267, MCL 15.263b, as added by this amendatory act, are curative and must be retroactively applied, expressing the legislature's original intent that any limitations in the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the remote attendance or participation of an individual at a meeting of a public body subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, do not prevent a public body from permitting members of the public to attend and participate remotely in a meeting of the public body whether or not the meeting is attended remotely by any of the public body's members.
