[Michlib-l] HB 4705 - New OMA amendment

[Membiela, Clare (MDE)]

Hello!

The Michigan Legislature passed, and Governor Whitmer signed into law HB 4705, or now, 2022 PA 63. Whitmer Signs Legislation Expanding Open Meetings Act (michigan.gov)<https://www.michigan.gov/whitmer/news/press-releases/2022/05/02/whitmer-signs-legislation-expanding-open-meetings-act> ( http://legislature.mi.gov/doc.aspx?2021-HB-4705)

This law amends the Open Meetings Act to require certain State Public Bodies to record at least the audio portion of public meetings and retain those recordings for at least 1 year for purposes of FOIA.

This new requirement is limited ONLY to State Public Bodies that have regulatory authority (such as the ability to promulgate statewide rules or hold hearings/rule on state administrative matters).

Michigan Public Libraries are municipally based and not considered "State Public Bodies." Public Libraries also do not have state administrative authority.
State Library Cooperatives are State Public Bodies, but do not have regulatory authority.

Therefore, this law DOES NOT apply to Michigan public libraries or library cooperatives.

If a library or cooperative has concerns or questions about this new law, they should consult their library or cooperative attorney.

Hope your day goes well!
Clare


Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

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