SENATE BILL No. 642

September 20, 2001, Introduced by Senators NORTH and GOSCHKA and referred to the

Committee on Education.

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.

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1 (2) All EXCEPT AS OTHERWISE PROVIDED FOR ELECTION OF

2 INTERMEDIATE SCHOOL BOARD OFFICERS UNDER SECTION 613 OF THE

3 REVISED SCHOOL CODE, 1976 PA 451, MCL 380.613, ALL decisions of a

4 public body shall be made at a meeting open to the public.

5 (3) All deliberations of a public body constituting a quorum

6 of its members shall take place at a meeting open to the public

7 except as provided in this section and sections 7 and 8.

8 (4) A person shall not be required as a condition of

9 attendance at a meeting of a public body to register or otherwise

10 provide his or her name or other information or otherwise to ful-

11 fill a condition precedent to attendance.

12 (5) A person shall be permitted to address a meeting of a

13 public body under rules established and recorded by the public

14 body. The legislature or a house of the legislature may provide

15 by rule that the right to address may be limited to prescribed

16 times at hearings and committee meetings only.

17 (6) A person shall not be excluded from a meeting otherwise

18 open to the public except for a breach of the peace actually com-

19 mitted at the meeting.

20 (7) This act does not apply to the following public bodies

21 only when deliberating the merits of a case:

22 (a) The worker's compensation appeal board OF MAGISTRATES

23 created under SECTION 213 OF the worker's disability compensation

24 act of 1969, Act No. 317 of the Public Acts of 1969, as amended,

25 being sections 418.101 to 418.941 of the Michigan Compiled Laws

26 1969 PA 317, MCL 418.213.

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1 (b) The employment security board of review created under

2 the Michigan employment security act, Act No. 1 of the Public

3 Acts of the Extra Session of 1936, as amended, being sections

4 421.1 to 421.73 of the Michigan Compiled Laws 1936 (EX SESS)

5 PA 1, MCL 421.1 TO 421.75.

6 (c) The state tenure commission created under Act No. 4 of

7 the Public Acts of the Extra Session of 1937, as amended, being

8 sections 38.71 to 38.191 of the Michigan Compiled Laws 1937 (EX

9 SESS) PA 4, MCL 38.71 TO 38.191, when acting as a board of review

10 from the decision of a controlling board.

11 (d) An arbitrator or arbitration panel appointed by the

12 employment relations commission under the authority given the

13 commission by Act No. 176 of the Public Acts of 1939, as

14 amended, being sections 423.1 to 423.30 of the Michigan Compiled

15 Laws 1939 PA 176, MCL 423.1 TO 423.30.

16 (e) An arbitration panel selected under chapter 50A of the

17 revised judicature act of 1961, Act No. 236 of the Public Acts of

18 1961, being sections 600.5040 to 600.5065 of the Michigan

19 Compiled Laws.

20 (E) (f) The Michigan public service commission created

21 under Act No. 3 of the Public Acts of 1939, being sections 460.1

22 to 460.8 of the Michigan Compiled Laws 1939 PA 3, MCL 460.1 TO

23 460.10CC.

24 (8) This act does not apply to an association of insurers

25 created under the insurance code of 1956, Act No. 218 of the

26 Public Acts of 1956, being sections 500.100 to 500.8302 of the

27 Michigan Compiled Laws 1956 PA 218, MCL 500.100 TO 500.8302, or

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1 other association or facility formed under Act No. 218 of the

2 Public Acts of 1956 THE INSURANCE CODE OF 1956, 1956 PA 218,

3 MCL 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

6 which adopts a nonpolicymaking resolution of tribute or memorial

7 which resolution is not adopted at a meeting.

8 (10) This act does not apply to a meeting which is a social

9 or chance gathering or conference not designed to avoid this

10 act.

11 (11) This act shall DOES not apply to the Michigan

12 veterans' trust fund board of trustees or a county or district

13 committee created under Act No. 9 of the Public Acts of the

14 first extra session of 1946, being sections 35.601 to 35.610 of

15 the Michigan Compiled Laws 1946 (1ST EX SESS) PA 9, MCL 35.601A

16 TO 35.610, when the board of trustees or county or district com-

17 mittee is deliberating the merits of an emergent need. A deci-

18 sion 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

22 which the board of trustees, by rules promulgated under the

23 administrative procedures act of 1969, Act No. 306 of the Public

24 Acts of 1969, as amended, being sections 24.201 to 24.328 of the

25 Michigan Compiled Laws 1969 PA 306, MCL 24.201 TO 24.328, deter-

26 mines requires immediate action.

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