Legislative Analysis
Phone: (517) 373-8080
ELECTRONIC MEETINGS OF CERTAIN PUBLIC BODIES
http://www.house.mi.gov/hfa
House Bill 4693 (proposed substitute H-3) Analysis available at
Sponsor: Rep. John Fitzgerald http://www.legislature.mi.gov
Committee: Local Government and Municipal Finance
Complete to 12-11-24
SUMMARY:
House Bill 4693 would amend the Open Meetings Act to allow a public meeting to hold
electronic meetings if the body does not directly levy taxes and is made up of members who
are not elected or compensated to serve on the body, or during a declared state of disaster or
emergency.
The Open Meetings Act generally requires all meetings of a public body to be open to the
public and held in a place available to the public, and all decisions of a public body must be
made at a meeting open to the public. The act defines “public body” as any of the following:
• A 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 a body described above that is performing an essential public purpose and
function under the lease agreement.
• The board of a nonprofit corporation formed by a city under section 4o of the Home
Rule City Act.
Except for an agricultural commodity group, a joint agency, or a public body responsible for
the management of a municipal public employee retirement system, which can hold a meeting
electronically (in whole or in part) for any reason, 1 the act allows meetings of a public body to
be held electronically or with remote participation only to accommodate the absence of one of
its members due to military duty, and then only that member may participate remotely.
House Bill 4693 would amend the above provisions to allow a public body to meet
electronically under any circumstances if the following conditions are met:
• No member of the public body is directly elected by the voters to serve on the body.
• No member receives compensation for their service. (Payment authorized by a public
body to reimburse a member for reasonable expenses incurred in serving on the body,
such as a per diem, would not be considered compensation for purposes of the bill.)
• The body is not legally authorized to directly raise revenue by imposing any tax,
millage, assessment, or fee on persons, property, or transactions within its jurisdiction.2
1
See https://www.legislature.mi.gov/documents/2021-2022/billanalysis/House/pdf/2021-HLA-4603-FA690029.pdf
and http://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-4346-5E526AD6.pdf.
2
A public body’s receipt of one-time funding from another governmental entity, including the state or federal
government, would not disqualify it from being able to meet remotely under these provisions.
House Fiscal Agency Page 1 of 2
 The bill would also allow a public body to meet electronically during a declared statewide or
local state of emergency or state of disaster to allow the electronic attendance of a member
who lives in the affected area or to allow for the electronic meeting of a body that usually holds
its meetings in the affected area. The public body would have to establish procedures that do
all of the following:
• Allow absent members to participate in, and vote on, business before the public body
and include procedures for two-way communication.
• Provide a way to notify the public of a member’s absence and let them know how to
contact that member before the meeting to give input on anything that will come before
the public body.
• Require a member attending remotely to specify the county, city, township, or village
and state where they are physically located.
MCL 15.263a
BACKGROUND:
In addition to other requirements for meetings held under the Open Meetings Act, meetings
held electronically must be conducted in a way that allows for two-way communication so that
members of the public body can hear one another, public participants can hear the members,
and the members of the public body and other public participants can hear public participants
during a public comment period. A public body can use technology to allow for typed
comments to be submitted by public participants and read to or shared with the members of the
public body and other public participants. A public body cannot require a person to register or
provide his or her name or other information as a condition of participating in or attending an
electronic meeting, except for mechanisms established and required by the public body that are
necessary to allow the person to participate in a public comment period.
The public body must post advance notice of a meeting held electronically in a publicly
accessible place on its website, if it has an active official internet presence, at least 18 hours
before the meeting starts. The notice must include explanations of why the public body is
meeting electronically and how members of the public can participate in the meeting, how
members of the public can contact members of the public body, and how persons with
disabilities can participate in the meeting. If there is an agenda for the meeting, it must be made
available to the public at least two hours before the start of the meeting.
FISCAL IMPACT:
The bill would have no fiscal impact on the state or local units of government.
Legislative Analyst: Holly Kuhn
Fiscal Analyst: Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4693 (proposed H-3 substitute) Page 2 of 2


Statutes affected:
Substitute (H-3): 15.263
House Introduced Bill: 15.263