HOUSE BILL No. 5868 April 9, 2002, Introduced by Reps. Tabor, DeRossett, Kuipers and Scranton and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 3 (MCL 15.263), as amended by 1988 PA 278. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) All meetings of a public body shall be open to 2 the public and shall be held in a place available to the general 3 public. All persons shall be permitted to attend any meeting 4 except as otherwise provided in this act. The right of a person 5 to attend a meeting of a public body includes the right to 6 tape-record, to videotape, to broadcast live on radio, and to 7 telecast live on television the proceedings of a public body at a 8 public meeting. The exercise of this right shall not be depen- 9 dent upon the prior approval of the public body. However, a 10 public body may establish reasonable rules and regulations in 11 order to minimize the possibility of disrupting the meeting. 06117'01 LTB 2 1 (2) All decisions of a public body shall be made at a 2 meeting open to the public. 3 (3) All deliberations of a public body constituting a quorum 4 of its members shall take place at a meeting open to the public 5 except as provided in this section and sections 7 and 8. 6 (4) A person shall not be required as a condition of 7 attendance at a meeting of a public body to register or otherwise 8 provide his or her name or other information or otherwise to ful- 9 fill a condition precedent to attendance. 10 (5) A person shall be permitted to address a meeting of a 11 public body under rules established and recorded by the public 12 body. The legislature or a house of the legislature may provide 13 by rule that the right to address may be limited to prescribed 14 times at hearings and committee meetings only. 15 (6) A person shall not be excluded from a meeting otherwise 16 open to the public except for a breach of the peace actually com- 17 mitted at the meeting. 18 (7) This act does not apply to the following public bodies 19 onlywhenIF deliberating the merits of a case: 20 (a) The worker's compensation appeal board created under the 21 worker's disability compensation act of 1969,Act No. 317 of the22Public Acts of 1969, as amended, being sections 418.101 to23418.941 of the Michigan Compiled Laws1969 PA 317, MCL 418.101 24 TO 418.941. 25 (b) The employment security board of review created under 26 the Michigan employment security act,Act No. 1 of the Public27Acts of the Extra Session of 1936, as amended, being sections06117'01 3 1421.1 to 421.73 of the Michigan Compiled Laws1936 (EX SESS) PA 2 1, MCL 421.1 TO 421.75. 3 (c) The state tenure commission created underAct No. 4 of4the Public Acts of the Extra Session of 1937, as amended, being5sections 38.71 to 38.191 of the Michigan Compiled Laws, when6 1937 (EX SESS) PA 4, MCL 38.71 TO 38.191, IF acting as a board of 7 review from the decision of a controlling board. 8 (d) An arbitrator or arbitration panel appointed by the 9 employment relations commission under the authority given the 10 commission byAct No. 176 of the Public Acts of 1939, as11amended, being sections 423.1 to 423.30 of the Michigan Compiled12Laws1939 PA 176, MCL 423.1 TO 423.30. 13 (e) An arbitration panel selected underchapter 50A of the14revised judicature act of 1961, Act No. 236 of the Public Acts of151961, being sections 600.5040 to 600.5065 of the Michigan16Compiled LawsSECTION 2912G OF THE REVISED JUDICATURE ACT OF 17 1961, 1961 PA 236, MCL 600.2912G. 18 (f) The Michigan public service commission created under 19Act No. 3 of the Public Acts of 1939, being sections 460.1 to20460.8 of the Michigan Compiled Laws1939 PA 3, MCL 460.1 TO 21 460.10CC. 22 (G) A FATALITY REVIEW TEAM CREATED UNDER SECTION 11 OF 1978 23 PA 389, MCL 400.1511. 24 (8) This act does not apply to an association of insurers 25 created under the insurance code of 1956,Act No. 218 of the26Public Acts of 1956, being sections 500.100 to 500.8302 of the27Michigan Compiled Laws1956 PA 218, MCL 500.100 TO 500.8302, or 06117'01 4 1 other association or facility formed underAct No. 218 of the2Public Acts of 1956THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 3 500.100 TO 500.8302, as a nonprofit organization of insurer 4 members. 5 (9) This act does not apply to a committee of a public body 6whichTHAT adopts a nonpolicymaking resolution of tribute or 7 memorial which resolution is not adopted at a meeting. 8 (10) This act does not apply to a meetingwhichTHAT is a 9 social or chance gathering or conference not designed to avoid 10 this act. 11 (11) This actshallDOES not apply to the Michigan 12 veterans' trust fund board of trustees or a county or district 13 committee created underAct No. 9 of the Public Acts of the14first extra session of 1946, being sections 35.601 to 35.610 of15the Michigan Compiled Laws, when1946 (1ST EX SESS) PA 9, MCL 16 35.601A TO 35.610, IF the board of trustees or county or district 17 committee is deliberating the merits of an emergent need. A 18 decision of the board of trustees or county or district committee 19 made under this subsection shall be reconsidered by the board or 20 committee at its next regular or special meeting consistent with 21 the requirements of this act. "Emergent need" means a situation 22whichTHAT the board of trustees, by rules promulgated under 23 the administrative procedures act of 1969,Act No. 306 of the24Public Acts of 1969, as amended, being sections 24.201 to 24.32825of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, 26 determines requires immediate action. 06117'01 Final page. LTB