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SB 1023

HCS/SS#2/SCS/SB 1023 - This act modifies provisions relating to political subdivisions. COUNTY SALARY COMMISSIONS Current law provides that every noncharter county has a salary commission that is made up of specified members. This act removes the prosecuting attorney and county sheriff from the membership of the salary commission, except in Boone County where they shall remain on the commission. In counties that utilize part-time prosecuting attorneys, they shall be members of the salary commission. (Section 50.333) This provision is identical to a provision in SS/SCS/HB 1825 (2026), SCS/HB 3000 (2026). CANDIDATE FILING PERIODS FOR LOCAL ELECTIONS Under current law, the period for filing a declaration of candidacy in certain political subdivisions and special districts is from 8:00 a.m. on the 17th Tuesday prior to the election until 5:00 p.m. on the 14th Tuesday prior to the election. This act changes that period to 8:00 a.m. on the 16th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election, unless the 13th Tuesday prior to an election falls on a holiday, then the closing of filing shall be at 5:00 p.m. on the next day that is not a holiday. (Section 115.127) This provision is identical to SB 1095 (2026) and to a provision in SCS/SB 182 (2025), HB 208 (2025), SB 774 (2024), a provision in SB 926 (2024), a provision in HCS/HB 1525 (2024), HB 1604 (2024), a provision in SCS/HB 2084 (2024), a provision in HCS/HB 2140 (2024), a provision in HCS/HB 2206 (2024), a provision in HCS/HB 2895 (2024), a provision in SCS/SB 346 (2023), and CCS/HS/HCS/SS#2/SCS/SB 96 (2023) and substantially similar to HB 2225 (2024), HCS/HB 1214 (2023), provisions in the perfected HCS/HBs 267 & 347 (2023), and HCS/HB 783 (2023). ST. CHARLES CITY-COUNTY LIBRARY BOARD OF TRUSTEES This act changes the composition of the St. Charles City-County Library Board of Trustees. Currently, the board consists of nine members, with five members appointed by the St. Charles County Executive and four members appointed by the mayor of the city of St. Charles. Beginning with appointments made after January 1, 2027, this act provides that the four city-appointed members shall be selected by the mayors of the four most populous cities in the county, as determined by the decennial census. (Section 182.291) This provision is identical to SB 1144 (2026), HCS/HBs 1728, 2161 & 1830 (2026), and HB 1405 (2025). URBAN LIBRARY DISTRICT FISCAL YEARS This act authorizes the board of trustees of an urban library district to change the dates of the fiscal year. (Section 182.711) This provision is identical to SB 1675 (2026) and HB 3321 (2026), and to a provision in SCS/HB 3000 (2026). PUBLIC LIBRARY SALES TAX Current law authorizes public library districts in certain counties to impose a sales tax of up to 0.5%. This act allows all counties to impose such sales tax. For a sales tax imposed by a library district located in St. Charles County or St. Girardeau County, real and personal property tax levies imposed by such districts shall be reduced concurrently to offset 100% of the sales tax revenue generated by the levy imposed pursuant to the act. For a sales tax imposed by a library district located in Cass or Johnson counties, the rate shall not exceed 0.33% rather than 0.5%, and such levy shall be imposed concurrently with the elimination of all real and personal property tax levies imposed by such districts. (Section 182.802) This provision is substantially similar to HB 1621 (2026) and to a provision in SCS/HB 3000 (2026). DISSOLUTION OF PUBLIC WATER SUPPLY DISTRICTS Under the act, a petition for a dissolution of a public water supply district shall allege that an agreement for sale of the district's assets has been entered into by the board of directors contingent upon approval of the circuit court and voters. Unless the petitioners for the dissolution of the district prove that there is an agreement for sale of the district's assets entered into by the board of directors that would permit all debts and financial obligations of the district be paid in full upon dissolution and provide for the continuation of water supply to the inhabitants of the district, the petition shall be dismissed at the cost of the petitioners. If the court finds in favor of the petitioners, the court shall enter a decree with a question to the voters of the district, as described in the act. At their discretion, the board of directors may approve a change in the vote threshold to a majority of four-sevenths of the voters of the district voting on the proposition for dissolution. The court shall enter an order declaring the decree for dissolution to be final if the court found that the question for dissolution has been assented to by such vote. The act repeals the current voting requirement of a majority of two-thirds of the voters of the district voting on the proposition. (Section 247.220) This provision is substantially similar to SB 1284 (2026) and to a provision in SS/HB 2397 (2026). REGULATION OF ALCOHOLIC BEVERAGES This act provides that the state expressly preempts the field of regulating the sale of alcoholic beverages specifically as it relates to the size of the container, the volume of fluid ounces in the container, the alcohol content of the liquid in the container, and the number of containers that can be purchased per transaction. (Section 311.038) This provision contains an emergency clause. This provision is identical to a provision in HCS/HB 3347 (2026). JOSH NORBERG

2026 Regular Session Introduced by Justin Brown

SB 1023 expands Open Meetings Act closed sessions to include attorney consultations and talks on pending/potential litigation, settlements, opinions, or criminal investigations.

H Informal Calendar Senate Bills for Third Reading (HCS)
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Bill Summary · SB 1023

SB 1023 — Open Meetings Act: Expanded grounds for closed session (MCL 15.268)

Status
- Bill number: SB 1023
- Subject: Civil rights — Open Meetings Act
- Introduced: January 30, 2025
- Current status (per provided info): Referred to Committee on Government Operations
- Statutory target: Amends section 8 of 1976 PA 267 (MCL 15.268) (Open Meetings Act)
- Committee analyses/committee reports indicate no fiscal impact.

Purpose / intent
- To broaden the circumstances under which a Michigan public body may lawfully meet in closed session, particularly when consulting with counsel or considering claims/litigation-related matters. The change is intended to give public bodies greater ability to have confidential, candid legal discussions about current or potential judicial matters.

Key provisions / substantive changes
- Retains existing list of allowable closed-session purposes (personnel discipline, property negotiations, collective bargaining strategy, statutory exemptions, etc.) and adds or clarifies several attorney-consultation and litigation-related grounds:
- Allows closed sessions to consult with the public body’s attorney regarding pending or notice of potential litigation in which the public body or a member is a party or potential party. (This replaces the narrower current allowance that is limited to “trial or settlement strategy” for specific pending litigation and that applies only when an open meeting would have a detrimental financial effect.)
- Explicitly allows closed sessions to consider the attorney’s oral or written legal opinion, regardless of whether the attorney is present.
- Permits closed sessions to consider a demand or offer made to (or by) the public body to settle a claim against the public body or a member.
- Permits closed sessions to consider a lawsuit the public body is contemplating filing.
- Permits closed sessions to consult regarding a criminal investigation against a public body member or employee.
- Confirms that the independent citizens redistricting commission may not meet in closed session for any purpose (existing exclusion retained).
- Clarifies that a public body may still meet in closed session under other existing subdivisions where applicable (for example, to consider material exempt by statute).

Who would be affected
- All “public bodies” subject to Michigan’s Open Meetings Act — state and local boards, commissions, councils, school boards, municipal bodies, and governing boards of public institutions — could use the expanded closed-session grounds.
- Members and employees of public bodies (e.g., when criminal investigations or contemplated legal actions involving them are discussed).
- The public and open-government advocates, as the amendments broaden circumstances when deliberations can be private.

Procedural/timeline notes
- The bill amends MCL 15.268 (section 8 of the Open Meetings Act). As of the information provided, SB 1023 is in committee (referred to the Committee on Government Operations after introduction on 1/30/2025). Committee reports and substitute language (S‑1) circulated in prior stages articulate the text summarized above.
- Committee fiscal analyses indicate no state or local fiscal impact.

Potential impacts and considerations (neutral)
- Administrative: Gives public bodies more flexibility to obtain and discuss legal advice confidentially and to negotiate settlements or assess potential litigation without public disclosure.
- Transparency: Expanding closed-session grounds reduces the number of matters discussed in public; oversight groups may raise concerns about diminished public access and potential misuse to shield policy deliberations.
- Legal practice: Explicitly authorizing discussion of attorneys’ oral/written legal opinions (even without attorney presence) can affect how counsel deliver advice and how bodies document legal guidance.
- No direct fiscal effects noted in committee reports.

Primary reference
- Proposed amendments to section 8 of the Open Meetings Act (MCL 15.268) — substitute S‑1 text expanding closed-session grounds as summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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