2012 House Bill 5459 / Public Act 528

Revise Open Meeting Act “emergency meeting” detail

Introduced in the House

March 8, 2012

Introduced by Rep. Paul Opsommer (R-93)

To require a public body that wants to hold an emergency meeting (defined as one involving a “severe and imminent threat to the health, safety, or welfare of the public”), and which does not comply with the usual 18 hour notice requirement of the state Open Meetings Act for a “special” meeting, to send an email and fax to the Secretary of State before the meeting explaining the rationale for not complying with the law, and hand out copies of this at the meeting.

Referred to the Committee on Oversight, Reform, and Ethics

April 17, 2012

Amendment offered

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Consideration postponed

May 1, 2012

Substitute offered

The substitute passed by voice vote

Substitute offered by Rep. Cindy Denby (R-47)

To replace the previous version of the bill with one that revises details of the proposed procedures.

The substitute passed by voice vote

Amendment offered by Rep. Lisa Brown (D-39)

To establish that if it is a county commission trying to hold a meeting that does not comply with the Open Meetings Act, it must send the proposed nofification to the Attorney General.

The amendment failed by voice vote

Amendment offered by Rep. Timothy Bledsoe (D-1)

To require the state House and Senate to publish a notice of all legislative committee hearings and meetings and a clear statement of all subjects to be considered in the House or Senate journal in advance of the hearing or meeting.

The amendment failed by voice vote

May 2, 2012

Passed in the House 109 to 0 (details)

To require a public body that wants to hold an emergency meeting, and which does not comply with the usual 18 hour notice requirement of the state Open Meetings Act for a “special” meeting, to send notice to county commmission within 48 hours after the meeting explaining the rationale for not complying with the law, and hand out copies of this at the meeting. The explanation would have to be specific, and generalized explanations such as "an imminent threat to the health of the public" or "a danger to public welfare and safety" would not be acceptable.

Received in the Senate

May 8, 2012

Referred to the Committee on Government Operations

May 23, 2012

Reported without amendment

With the recommendation that the bill pass.

Dec. 13, 2012

Passed in the Senate 36 to 0 (details)

Signed by Gov. Rick Snyder

Dec. 27, 2012