HB-5194, As Passed House, May 21, 2014

HOUSE BILL No. 5194

(as amended May 20, 2014)

December 11, 2013, Introduced by Reps. McMillin and Hooker and referred to the Committee on Oversight.

A bill to amend 1976 PA 267, entitled

"Open meetings act,"

by amending section 10 (MCL 15.270).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 10. (1) Decisions of a public body shall be presumed to

have been adopted in compliance with the requirements of this act.

The attorney general, the prosecuting attorney of the county in

which the public body serves, or any person may commence a civil

action in the circuit court[, or, if the decision of a state public body

is at issue, the court of claims,] to challenge the validity of a decision

of a public body made in violation of this act.

(2) A decision made by a public body may be invalidated if the

public body has not complied with the requirements of section 3(1),

(2), and (3) in making the decision or if failure to give notice in

accordance with section 5 has interfered with substantial

House Bill No. 5194 as amended May 20, 2014

compliance with section 3(1), (2), and (3) and the court finds that

the noncompliance or failure has impaired the rights of the public

under this act.

(3) The [~~circuit~~] court shall not have jurisdiction to

invalidate a decision of a public body for a violation of this act

unless an action is commenced pursuant to this section within the

following specified period of time:

(a) Within 60 days after the approved minutes are made

available to the public by the public body except as otherwise

provided in subdivision (b).

(b) If the decision involves the approval of contracts, the

receipt or acceptance of bids, the making of assessments, the

procedures pertaining to the issuance of bonds or other evidences

of indebtedness, or the submission of a borrowing proposal to the

electors, within 30 days after the approved minutes are made

available to the public pursuant to that decision.

(4) Venue for an action [~~under this section shall be any county~~

~~in which a local public body serves or, if the decision of a state~~

~~public body is at issue, in Ingham county.~~ against a local public body

under this section shall be in the circuit court of any county in which

that local public body serves.]

(5) In any case where an action has been initiated to

invalidate a decision of a public body on the ground that it was

not taken in conformity with the requirements of this act, the

public body may, without being deemed to make any admission

contrary to its interest, reenact the disputed decision in

conformity with this act. A decision reenacted in this manner shall

be effective from the date of reenactment and shall not be declared

invalid by reason of a deficiency in the procedure used for its