HB 4808

Act No. 63
Public Acts of 2026
Approved by the Governor
July 21, 2026
Filed with the Secretary of State
July 23, 2026
EFFECTIVE
DATE: July 23, 2026
state of michigan
103rd Legislature
Regular session of 2026
Introduced by Reps. Posthumus, DeBoer, Fitzgerald,
Rigas, Kunse, Borton, Bierlein and Frisbie
ENROLLED HOUSE BILL No. 4808
AN ACT to amend 1976 PA 267,
entitled �An act to require certain meetings of certain public bodies to be
open to the public; to require notice and the keeping of minutes of meetings;
to provide for enforcement; to provide for invalidation of governmental
decisions under certain circumstances; to provide penalties; and to repeal
certain acts and parts of acts,� by amending section 3a (MCL 15.263a), as
amended by 2025 PA 54.
The People of the State of
Michigan enact:
Sec. 3a. (1) A meeting of a public body held, in whole or in
part, electronically by telephonic or video conferencing in compliance with
this section and, except as otherwise required in this section, all of the
provisions of this act applicable to a nonelectronic meeting, is permitted by
this act in the following circumstances:
(a) Before March 31, 2021 and retroactive to March 18, 2020,
any circumstances, including, but not limited to, any of the circumstances
requiring accommodation of absent members described in section 3(2).
(b) Subject to subdivision (d), on and after March 31, 2021
through December 31, 2021, only those circumstances requiring accommodation of
absent members described in section 3(2). For the purpose of permitting an
electronic meeting due to a local state of emergency or state of disaster, this
subdivision applies only as follows:
(i) To permit the electronic attendance of a
member of the public body who resides in the affected area.
(ii) To permit the electronic meeting of a
public body that usually holds its meetings in the affected area.
(c) Subject to subdivisions (d) to (h), after December 31,
2021, only in the circumstances requiring accommodation of members absent due
to military duty as described in section 3(2).
(d) On and after March 31, 2021, for a public body that is an
agricultural commodity group, any circumstances, including, but not limited to,
any of the circumstances requiring accommodation of absent members described in
section 3(2). As used in this subdivision, �agricultural commodity group� means
any of the following:
(i) A committee as that term is defined in
section 2 of the agricultural commodities marketing act, 1965 PA 232, MCL
290.652.
(ii) The state beef industry commission
created in section 3 of the beef industry commission act, 1972 PA 291, MCL
287.603.
(iii) The potato industry commission created
in section 2 of 1970 PA 29, MCL 290.422.
(iv) The Michigan bean commission created in
section 3 of 1965 PA 114, MCL 290.553.
(e) On and after February 13, 2024, for a public body that is
responsible for the investment, administration, or management of a municipal
public employee retirement system, any circumstances, including, but not
limited to, any of the circumstances requiring accommodation of absent members
described in section 3(2). As used in this subdivision, �municipal public
employee retirement system� means a retirement system as that term is defined
in section 3 of the protecting local government retirement and benefits act,
2017 PA 202, MCL 38.2803. A public body that is eligible to meet remotely under
this subdivision shall set and publish an attendance policy that includes the
determination of a quorum with 1 or more members participating electronically.
(f) On and after February 13, 2024, for a public body that is
a joint agency formed under article 3 of the Michigan energy employment act of
1976, 1976 PA 448, MCL 460.831 to 460.848, any circumstances, including, but
not limited to, any of the circumstances requiring accommodation of absent
members described in section 3(2). As used in this subdivision, �joint agency�
includes a joint agency�s board of commissioners and any committee of the joint
agency.
(g) On and after the effective date of the amendatory act
that added this subdivision, for the state board created as the children trust
Michigan board in section 3 of the child abuse and neglect prevention act, 1982
PA 250, MCL 722.603, any circumstances, including, but not limited to, any
of the circumstances requiring accommodation of absent members described in
section 3(2).
(h) The prerequisite circumstances to holding an electronic
meeting described in subdivision (c) do not apply to an electronic proceeding
held under section 26, 34, or 62 of the tax tribunal act, 1973 PA 186, MCL
205.726, 205.734, and 205.762.
(2) A meeting of a public body held electronically under this
section must be conducted in a manner that permits 2-way communication so that
members of the public body can hear and be heard by other members of the public
body, and so that public participants can hear members of the public body and
can be heard by members of the public body and other participants during a
public comment period. A public body may use technology to facilitate typed
public comments during the meeting submitted by members of the public
participating in the meeting that may be read to or shared with members of the
public body and other participants to satisfy the requirement under this
subsection that members of the public be heard by others during the electronic
meeting and the requirement under section 3(5) that members of the public be
permitted to address the electronic meeting.
(3) Except as otherwise provided in subsection (8), a
physical place is not required for an electronic meeting held under this
section, and members of a public body and members of the public participating
electronically in a meeting held under this section that occurs in a physical
place are to be considered present and in attendance at the meeting for all
purposes.
(4) If a public body directly or indirectly maintains an
official internet presence that includes monthly or more frequent updates of
public meeting agendas or minutes, the public body shall, in addition to any
other notices that may be required under this act, post advance notice of a
meeting held electronically under this section on a portion of the public body�s
website that is fully accessible to the public. The public notice on the
website must be included on either the homepage or on a separate webpage
dedicated to public notices for nonregularly scheduled or electronic public
meetings that is accessible through a prominent and conspicuous link on the
website�s homepage that clearly describes its purpose for public notification
of nonregularly scheduled or electronic public meetings. Subject to the
requirements of this section, any scheduled meeting of a public body may be
held as an electronic meeting under this section if a notice consistent with
this section is posted at least 18 hours before the meeting begins. Notice of a
meeting of a public body held electronically must clearly explain all of the
following:
(a) Why the public body is meeting electronically.
(b) How members of the public may participate in the meeting
electronically. If a telephone number, internet address, or both are needed to
participate, that information must be provided specifically.
(c) How members of the public may contact members of the
public body to provide input or ask questions on any business that will come
before the public body at the meeting.
(d) How persons with disabilities may participate in the
meeting.
(5) Beginning on October 16, 2020, if an agenda exists for an
electronic meeting held under this section by a public body that directly or
indirectly maintains an official internet presence that includes monthly or
more frequent updates of public meeting agendas or minutes, the public body
shall, on a portion of the website that is fully accessible to the public, make
the agenda available to the public at least 2 hours before the electronic
meeting begins. This publication of the agenda does not prohibit subsequent
amendment of the agenda at the meeting.
(6) A public body shall not, as a condition of participating
in an electronic meeting of the public body held under this section, require a
person to register or otherwise provide the person�s name or other information
or otherwise to fulfill a condition precedent to attendance, other than
mechanisms established and required by the public body necessary to permit the
person to participate in a public comment period of the meeting.
(7) Members of the general public otherwise participating in
a meeting of a public body held electronically under this section are to be
excluded from participation in a closed session of the public body held
electronically during that meeting if the closed session is convened and held in
compliance with the requirements of this act applicable to a closed session.
(8) At a meeting held under this section that accommodates
members absent due to military duty or a medical condition, only those members
absent due to military duty or a medical condition may participate remotely.
Any member who is not on military duty or does not have a medical condition
must be physically present at the meeting to participate. This subsection does
not apply to a meeting of a public body held electronically under subsection (1)(d),
(e), (f), or (g), or to a proceeding described in subsection (1)(h).
Enacting
section 1. This amendatory act does not take effect unless all of the following
bills of the 103rd Legislature are enacted into law:
(a) Senate Bill No. 418.
(b) Senate Bill No. 421.
(c) House Bill No. 4805.
This act is ordered to take
immediate effect.
Clerk of the House of
Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor