Bill Summary – FastDemocracy

Legislative Analysis
                                                                           Phone: (517) 373-8080
REMOTE PARTICIPATION OF MEMBER
                                                                           http://www.house.mi.gov/hfa
OF A PUBLIC BODY WITH A DISABILITY
                                                                           Analysis available at
Senate Bill 870 (S-4) as passed by the Senate                              http://www.legislature.mi.gov
Sponsor: Sen. Sean McCann
House Committee: Government Operations
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 12-11-24
SUMMARY:
       Senate Bill 870 would amend the Open Meetings Act to allow an appointed member of a public
       body who has a disability to participate remotely in a meeting of the public body upon request.
       The member would not be required to disclose the nature or extent of the disability. The
       member would have to be physically present in Michigan throughout the meeting. The allowed
       remote participation would apply only to members absent due to a disability (that is, those who
       do not have a disability could not also participate in the meeting electronically). These
       provisions would not apply to either of the following:
          • A member elected directly by the electors to serve on the public body.
          • A meeting of a state legislative body at which a formal vote is taken.
               Disability would mean a determinable physical or mental characteristic of an
               individual, which may result from disease, injury, congenital condition of birth, or
               functional disorder, if the characteristic substantially limits one or more of the major
               life activities of that individual.
               Participate (and participation) would include discussing, debating, or voting on a
               motion, proposal, recommendation, resolution, order, ordinance, bill, or any other
               measure on which a vote by members of the public body is required and by which the
               public body effectuates or formulates public policy.
               Formal vote would mean 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.
       MCL 15.263a
BACKGROUND:
       The Open Meetings Act now allows meetings to be held electronically in circumstances that
       require accommodation of members who are absent due to military duty.
       Provisions allowing meetings to be held electronically to accommodate members absent due
       to a medical condition were added to the act in 2020 and expired at the end of 2021.
House Fiscal Agency                                                                          Page 1 of 2
       The Open Meetings Act also now allows meetings of the following public bodies to be held
       electronically in all circumstances:
           • A public body that is an agricultural commodity group (such as the Potato Industry
               Commission or the Michigan Bean Commission).
           • A public body that is responsible for the investment, administration, or management of
               a municipal public employee retirement system.
           • A public body that is a joint agency formed under the Michigan Energy Employment
               Act.
       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:
       Senate Bill 870 would have no fiscal impact on the state or local units of government.
                                                           Legislative Analyst: Rick Yuille
                                                                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                                       SB 870 (S-4) as passed by the Senate   Page 2 of 2
Statutes affected: 
Substitute (S-1): 15.263
Substitute (S-2): 15.263
Senate Introduced Bill: 15.263
As Passed by the Senate: 15.263