Bill Text: MI HB4262 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Civil rights: other; legislative open records act (LORA); create as part of the freedom of information act. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding pt. 2. TIE BAR WITH: HB 4261'23, HB 4263'23
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced) 2023-03-15 - Bill Electronically Reproduced 03/14/2023 [HB4262 Detail]
Download: Michigan-2023-HB4262-Introduced.html
HOUSE BILL NO. 4262
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
(MCL 15.231 to 15.246) by adding part 2.
the people of the state of michigan enact:
PART 2
Sec. 21. (1) This part may be cited as the "legislative open records act".
(2) It is the public policy of this state that all persons, except those persons incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this part. The people shall be informed so that they may fully participate in the democratic process.
Sec. 22. As used in this part:
(a) "Council administrator" means the administrator of the legislative council appointed under section 104a of the legislative council act, 1986 PA 268, MCL 4.1104a.
(b) "Legislator" means a member of the senate or the house of representatives of this state.
(c) "LORA" means the legislative open records act.
(d) "LORA coordinator" means either of the following:
(i) An individual who is a public body.
(ii) An individual designated by a public body to accept and process requests for public records under this part.
(e) "Person" means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. Person does not include an individual serving a sentence of imprisonment in a state or county correctional facility in this state or any other state or in a federal correctional facility.
(f) "Public body" means a state officer, legislator, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the legislative branch of the state government. Public body does not include the office of the auditor general.
(g) "Public record" means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function that has been in the possession of the public body for 15 days or more. Public record does not include computer software. This part separates public records into the following 2 classes:
(i) Those that are exempt from disclosure under section 29d.
(ii) Those that are not exempt from disclosure under section 29d and are subject to disclosure under this part.
(h) "Session day" means a day in which either the house of representatives or the senate convenes in session and a quorum of the body is recorded.
(i) "Software" means a set of statements or instructions that, when incorporated in a machine-usable medium, is capable of causing a machine or device having information-processing capabilities to indicate, perform, or achieve a particular function, task, or result. Software does not include computer-stored information or data or a field name if disclosure of that field name would not violate a software license.
(j) "Unusual circumstances" means any 1 or a combination of the following, but only to the extent necessary for the proper processing of a request:
(i) The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct public records pursuant to a single request.
(ii) The need to collect the requested public records from numerous offices, facilities, or other establishments that are located apart from the particular office receiving or processing the request.
(k) "Writing" means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content.
(l) "Written request" means a writing that asks for information and includes a writing transmitted by facsimile, email, or other electronic means.
Sec. 23. (1) Except as expressly provided in section 29d, upon providing a public body's LORA coordinator with a written request that describes a public record sufficiently to enable the public body to find the public record, a person has a right to inspect, copy, or receive copies of the requested public record of the public body. A request from a person, other than an individual who qualifies as indigent under section 24(2)(a), must include the requesting person's complete name, address, and contact information, and, if the request is made by a person other than an individual, the complete name, address, and contact information of the person's agent who is an individual. An address must be written in compliance with United States Postal Service addressing standards. Contact information must include a valid telephone number or email address. An employee of a public body who receives a request for a public record shall forward that request to the LORA coordinator within 3 business days.
(2) A LORA coordinator shall keep a copy of all written requests for public records on file for not less than 1 year.
(3) A public body shall furnish a requesting person a reasonable opportunity for inspection and examination of its public records and shall furnish reasonable facilities for making memoranda or abstracts from its public records during the usual business hours. A public body may make reasonable rules necessary to protect its public records and to prevent excessive and unreasonable interference with the discharge of its functions. A public body shall protect public records from loss, unauthorized alteration, mutilation, or destruction.
(4) This part does not require a public body to make a compilation, summary, or report of information.
(5) This part does not require a public body to create a new public record, except to the extent required by this part for the furnishing of copies, or edited copies of an existing public record under this part.
(6) The custodian of a public record shall, upon written request, furnish a requesting person a certified copy of a public record.
(7) Except for a record exempt from disclosure under section 29d, a public body shall not destroy or alter a public record, or a record that will become a public record once it has been in its possession for 15 days, before the record has been in its possession for 730 days.
Sec. 24. (1) A public body may charge a fee for a public record search, for the necessary copying of a public record for inspection, or for providing a copy of a public record if it has established, makes publicly available, and follows procedures and guidelines to implement this section as described in subsection (4). Subject to subsections (2), (3), (4), (5), and (9), the fee must be limited to actual mailing costs and to the actual incremental cost of duplication or publication, including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 29e. Except as otherwise provided in this part, if the public body estimates or charges a fee in accordance with this part, the total fee must not exceed the sum of the following:
(a) That portion of labor costs directly associated with the necessary searching for, locating, and examining of public records in conjunction with receiving and fulfilling a granted written request. The public body shall not charge more than the hourly wage of its lowest-paid employee capable of searching for, locating, and examining the public records in the particular instance regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision shall be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down.
(b) That portion of labor costs, including necessary review, if any, directly associated with the separating and deleting of exempt information from nonexempt information as provided in section 29e. For services performed by an employee of the public body, the public body shall not charge more than the hourly wage of its lowest-paid employee capable of separating and deleting exempt information from nonexempt information in the particular instance as provided in section 29e, regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision shall be estimated and charged in increments of 15 minutes or more, with all partial time increments rounded down. A public body shall not charge for labor directly associated with redaction under section 29e if it knows or has reason to know that it previously redacted the public record in question and the redacted version is still in the public body's possession.
(c) For public records provided to the requestor on nonpaper physical media, the actual and most reasonably economical cost of the computer discs, computer tapes, or other digital or similar media. The requestor may stipulate that the public records be provided on nonpaper physical media, emailed, or otherwise electronically provided to the requestor in lieu of paper copies. This subdivision does not apply if a public body lacks the technological capability necessary to provide records on the particular nonpaper physical media stipulated in the particular instance.
(d) For paper copies of public records provided to the requestor, the actual total incremental cost of necessary duplication or publication, not including labor. The cost of paper copies shall be calculated as a total cost per sheet of paper and shall be itemized and noted in a manner that expresses both the cost per sheet and the number of sheets provided. The fee must not exceed 10 cents per sheet of paper for copies of public records made on 8-1/2- by 11-inch paper or 8-1/2- by 14-inch paper. A public body shall utilize the most economical means available for making copies of public records, including using double-sided printing, if cost saving and available.
(e) The cost of labor directly associated with duplication or publication, including making paper copies, making digital copies, or transferring digital public records to be given to the requestor on nonpaper physical media or through the internet or other electronic means as stipulated by the requestor. The public body shall not charge more than the hourly wage of its lowest-paid employee capable of necessary duplication or publication in the particular instance, regardless of whether that person is available or who actually performs the labor. Labor costs under this subdivision may be estimated and charged in time increments of the public body's choosing. However, all partial time increments shall be rounded down.
(f) The actual cost of mailing, if any, for sending the public records in a reasonably economical and justifiable manner. The public body shall not charge more for expedited shipping or insurance unless specifically stipulated by the requestor, but may otherwise charge for the least expensive form of postal delivery confirmation when mailing public records.
(2) When calculating labor costs under subsection (1)(a), (b), or (e), fee components shall be itemized in a manner that expresses both the hourly wage and the number of hours charged. The public body may also add up to 50% to the applicable labor charge amount to cover or partially cover the cost of fringe benefits if it clearly notes the percentage multiplier used to account for benefits in the detailed itemization described in subsection (4). Subject to the 50% limitation, the public body shall not charge more than the actual cost of fringe benefits, and overtime wages shall not be used in calculating the cost of fringe benefits. Overtime wages shall not be included in the calculation of labor costs unless overtime is specifically stipulated by the requestor and clearly noted on the detailed itemization described in subsection (4). A search for a public record may be conducted or copies of public records may be furnished without charge or at a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public record can be considered as primarily benefiting the general public. A public record search shall be made and a copy of a public record shall be furnished without charge for the first $20.00 of the fee for each request by either of the following:
(a) An individual who is entitled to information under this part and who submits an affidavit stating that the individual is indigent and receiving specific public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigency. If the requestor is eligible for a requested discount, the public body shall fully note the discount on the detailed itemization described under subsection (4). If a requestor is ineligible for the discount, the public body shall inform the requestor specifically of the reason for ineligibility in the public body's written response. An individual is ineligible for this fee reduction if any of the following apply:
(i) The individual has previously received discounted copies of public records under this subsection from the public body twice during that calendar year.
(ii) The individual requests the information in conjunction with outside parties who are offering or providing payment or other remuneration to the individual to make the request. A public body may require a statement by the requestor in the affidavit that the request is not being made in conjunction with outside parties in exchange for payment or other remuneration.
(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for mentally ill individuals act, Public Law 99-319, or their successors, if the request meets all of the following requirements:
(i) Is made directly on behalf of the organization or its clients.
(ii) Is made for a reason wholly consistent with the mission and provisions of those laws under section 931 of the mental health code, 1974 PA 258, MCL 330.1931.
(iii) Is accompanied by documentation of its designation by this state, if requested by the public body.
(3) A fee as described in subsection (1) shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 29e unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance and the public body specifically identifies the nature of these unreasonably high costs.
(4) A public body shall establish procedures and guidelines to implement this part and shall create a written public summary of the specific procedures and guidelines relevant to the general public regarding how to submit written requests to the public body and explaining how to understand a public body's written responses, deposit requirements, fee calculations, and avenues for challenge and appeal. The written public summary shall be written in a manner so as to be easily understood by the general public. A public body shall post and maintain the procedures and guidelines and its written public summary on its website. A public body shall make the procedures and guidelines publicly available by providing free copies of the procedures and guidelines and its written public summary both in the public body's response to a written request and upon request by visitors at the public body's office. A public body may include the website link to the documents in lieu of providing paper copies in its response to a written request. A public body's procedures and guidelines must include the use of a standard form for detailed itemization of any fee amount in its responses to written requests under this part. The detailed itemization must clearly list and explain the allowable charges for each of the 6 fee components listed under subsection (1) that compose the total fee used for estimating or charging purposes. A public body that has not established procedures and guidelines, has not created a written public summary, or has not made those items publicly available without charge as required in this subsection is not relieved of its duty to comply with any requirement of this part and shall not require deposits or charge fees otherwise permitted under this part until it is in compliance with this subsection. Notwithstanding this subsection and despite any law to the contrary, a public body's procedures and guidelines under this part are not exempt public records under section 29d.
(5) Any public records available to the general public on a public body's internet site at the time the request is made are exempt from charge under subsection (1)(b). If the LORA coordinator knows or has reason to know that all or a portion of the requested information is available on its website, the public body shall notify the requestor in its written response that all or a portion of the requested information is available on its website. The written response, to the degree practicable in the specific instance, must include a specific webpage address where the requested information is available. On the detailed itemization described in subsection (4), the public body shall separate the requested public records that are available on its website from those that are not available on the website and shall inform the requestor of the additional charge to receive copies of the public records that are available on its website. If the public body has included the website address for a record in its written response to the requestor and the requestor thereafter stipulates that the public record be provided to the requestor in a paper format or other form as described under subsection (1)(c), the public body shall provide the public records in the specified format but may use a fringe benefit multiplier greater than the 50% limitation in subsection (2), not to exceed the actual costs of providing the information in the specified format.
(6) A public body may provide requested information available in public records without receipt of a written request.
(7) If a verbal request for information is for information that a public body believes is available on the public body's website, a public employee shall, if practicable and to the best of the public employee's knowledge, inform the requestor about the public body's pertinent website address.
(8) In either the public body's initial response or subsequent response as described under section 25(2)(d), the public body may require a good-faith deposit from the person requesting information before providing the public records to the requestor if the entire fee estimate or charge authorized under this section exceeds $50.00, based on a good-faith calculation of the total fee described in subsection (4). Subject to subsection (10), the deposit must not exceed 1/2 of the total estimated fee, and a public body's request for a deposit must include a detailed itemization as required under subsection (4). The response must also contain a best efforts estimate by the public body regarding the time frame it will take the public body to comply with the law in providing the public records to the requestor. The time frame estimate is nonbinding upon the public body, but the public body shall provide the estimate in good faith and strive to be reasonably accurate and to provide the public records in a manner based on this state's public policy under section 21 and the nature of the request in the particular instance. If a public body does not respond in a timely manner as described under section 25(2), it is not relieved from its requirements to provide proper fee calculations and time frame estimates in any tardy responses. Providing an estimated time frame does not relieve a public body from any of the other requirements of this part.
(9) If a public body does not respond to a written request in a timely manner as required under section 25(2), the public body shall do the following:
(a) Reduce the charges for labor costs otherwise permitted under this section by 5% for each day the public body exceeds the time permitted under section 25(2) for a response to the request, with a maximum 50% reduction, if either of the following applies:
(i) The late response was willful and intentional.
(ii) The written request included language that conveyed a request for information within the first 250 words of the body of a letter, facsimile, email, or email attachment, or specifically included the words, characters, or abbreviations for "freedom of information", "open records", "information", "LORA", "copy", or a recognizable misspelling of such, or appropriate legal code reference for this part, on the front of an envelope or in the subject line of an email, a letter, or a facsimile cover page.
(b) If a charge reduction is required under subdivision (a), fully note the charge reduction on the detailed itemization described under subsection (4).
(10) This section does not apply to public records prepared under an act or statute specifically authorizing the sale of those public records to the public, or if the amount of the fee for providing a copy of the public record is otherwise specifically provided by an act or statute.
(11) Subject to subsection (12), after a public body has granted and fulfilled a written request from an individual under this part, if the public body has not been paid in full the total amount under subsection (1) for the copies of public records that the public body made available to the individual as a result of that written request, the public body may require a deposit of up to 100% of the estimated fee before it begins a full public record search for any subsequent written request from that individual if all of the following apply:
(a) The final fee for the prior written request was not more than 105% of the estimated fee.
(b) The public records made available contained the information being sought in the prior written request and are still in the public body's possession.
(c) The public records were made available to the individual, subject to payment, within the time frame estimate described under subsection (8).
(d) Ninety days have passed since the public body notified the individual in writing that the public records were available for pickup or mailing.
(e) The individual is unable to show proof of prior payment to the public body.
(f) The public body calculates a detailed itemization, as required under subsection (4), that is the basis for the current written request's increased estimated fee deposit.
(12) A public body shall not continue to require an increased estimated fee deposit from an individual as described under subsection (11) if any of the following apply:
(a) The individual shows to the public body proof of prior payment in full for the applicable prior request.
(b) The public body receives payment in full for the applicable prior written request.
(c) Three hundred sixty-five days have passed since the individual made the written request for which full payment was not remitted to the public body.
(13) A deposit required by a public body under this part is a fee.
(14) If a deposit that is required under subsection (8) or (11) is not received by the public body within 45 days from receipt by the requesting person of the notice that a deposit is required, and if the requesting person has not filed an appeal of the deposit amount pursuant to section 29b, the request shall be considered abandoned by the requesting person and the public body is no longer required to fulfill the request. Notice of a deposit requirement under subsection (8) or (11) is considered received 3 days after it is sent, regardless of the means of transmission. Notice of a deposit requirement under subsection (8) or (11) must include notice of the date by which the deposit must be received, which date is 48 days after the date the notice is sent.
Sec. 25. (1) Except as provided in section 23, to inspect or receive a copy of a public record under this part, a person shall submit a written request for the public record to the LORA coordinator of the public body. A written request made by facsimile, email, or other electronic transmission under this part is not considered to be received by a public body's LORA coordinator until 1 business day after the electronic transmission is made. However, if a written request is sent by email and delivered to the public body's spam or junk mail folder, the request is not received until 1 day after the public body first becomes aware of the written request. The public body shall note in its records both the time a written request is delivered to its spam or junk mail folder and the time the public body first becomes aware of that request.
(2) Unless otherwise agreed to in writing by the person making the request, a public body shall respond to a request for a public record within 5 business days after the public body receives the request by doing 1 of the following:
(a) Granting the request.
(b) Issuing a written notice to the requesting person denying the request.
(c) Granting the request in part and issuing a written notice to the requesting person denying the request in part.
(d) Issuing a notice extending for not more than 10 business days the time by which the public body must respond to the request. A public body shall not issue more than 1 notice of extension for each request.
(3) Failure to respond to a request pursuant to subsection (2) constitutes a public body's final determination to deny the request if either of the following applies:
(a) The failure was willful and intentional.
(b) The written request included language that conveyed a request for information within the first 250 words of the body of a letter, facsimile, email, or email attachment, or specifically included the words, characters, or abbreviations for "freedom of information", "open records", "information", "LORA", "copy", or a recognizable misspelling of such, or appropriate legal code reference to this part, on the front of an envelope or in the subject line of an email, letter, or facsimile cover page.
(4) A written notice denying a request for a public record in whole or in part is a public body's final determination to deny the request or portion of that request. The written notice must contain all of the following:
(a) An explanation of the basis under this part or other statute for the determination that the public record, or portion of that public record, is exempt from disclosure, if that is the reason for denying all or a portion of the request.
(b) A certificate that the public record does not exist under the name given by the requestor or by another name reasonably known to the public body, if that is the reason for denying the request or a portion of the request.
(c) A description of a public record or information on a public record that is separated or deleted pursuant to section 29e, if a separation or deletion is made.
(d) A full explanation of the requesting person's right to do either of the following:
(i) Submit a written request for reconsideration to the public body's LORA coordinator that specifically states the word "reconsideration", "appeal", "redetermination", or "reverse" and identifies the reason or reasons for reversal of the disclosure denial.
(ii) Seek final review of the denial under section 29a.
(5) The individual designated under sections 26 to 28 as a LORA coordinator or under section 29 as a LORA coordinator designee shall sign the written notice of denial.
(6) If a public body issues a notice extending the period for a response to the request, the notice must specify the reasons for the extension and the date by which the public body will do 1 of the following:
(a) Grant the request.
(b) Issue a written notice to the requesting person denying the request.
(c) Grant the request in part and issue a written notice to the requesting person denying the request in part.
(7) If a public body makes a final determination to deny in whole or in part a request to inspect or receive a copy of a public record or portion of a public record, the requesting person may seek reconsideration or appeal of the denial as provided in section 29a.
Sec. 26. Subject to sections 27 and 28, the council administrator shall designate an individual as the LORA coordinator for all public bodies.
Sec. 27. The house of representatives may designate an individual as the LORA coordinator for the house of representatives.
Sec. 28. The senate may designate an individual as the LORA coordinator for the senate.
Sec. 29. A LORA coordinator may designate another individual to act on the LORA coordinator's behalf in accepting and processing requests for the public body's public records and in approving a denial under section 25.
Sec. 29a. (1) If a public body makes a final determination to deny all or a portion of a request, the requesting person may do any of the following:
(a) Submit to the public body's LORA coordinator a written request for reconsideration that specifically states the word "reconsideration", "appeal", "redetermination", or "reverse", and identifies the reason or reasons for reversal of the denial.
(b) Submit to the council administrator a written request to compel the public body's disclosure of the public records within 180 days after a public body's final determination to deny a request. A request shall not be submitted under this subdivision unless 1 of the following applies:
(i) The public body's LORA coordinator failed to respond to a written request for reconsideration as required under subsection (2).
(ii) The public body's LORA coordinator issued a determination to a written request for reconsideration as required under subsection (2).
(2) Within 10 business days after receiving a written request for reconsideration pursuant to subsection (1)(a), the public body's LORA coordinator shall do 1 of the following:
(a) Reverse the disclosure denial.
(b) Issue a written notice to the requesting person upholding the disclosure denial.
(c) Reverse the disclosure denial in part and issue a written notice to the requesting person upholding the disclosure denial in part.
(d) Under unusual circumstances, issue a notice extending for not more than 10 business days the period during which the public body's LORA coordinator shall respond to the written request for reconsideration. The public body's LORA coordinator shall not issue more than 1 notice of extension for a particular written request for reconsideration.
(3) The public body's LORA coordinator is not considered to have received a written request for reconsideration under subsection (2) until the first scheduled session day following submission of the written request under subsection (1)(a). If the public body's LORA coordinator fails to respond to a written request for reconsideration pursuant to subsection (2), or if public body's LORA coordinator upholds all or a portion of the disclosure denial that is the subject of the written request, the requesting person may seek final review of the nondisclosure by submitting an appeal to the council administrator under subsection (1)(b).
(4) In an appeal commenced under subsection (1)(b), if the council administrator determines that a public record is not exempt from disclosure, the public body must cease withholding or produce all or a portion of a public record wrongfully withheld, regardless of the location of the public record.
(5) An appeal commenced under subsection (1)(b) shall be reviewed and decided by the council administrator at the earliest practicable date and expedited in every way.
(6) The council administrator may require a reasonable fee, not to exceed $75.00, for an appeal commenced under subsection (1)(b) unless the requesting person is eligible for a fee waiver or reduction under section 24 because of indigence.
(7) If the council administrator determines in an appeal commenced under this section that the public body has arbitrarily and capriciously violated this part by refusal of a public record or delay in disclosing or providing copies, the council administrator shall recommend appropriate disciplinary action to the speaker of the house of representatives or the senate majority leader, as applicable. The council administrator shall make any recommendation for disciplinary action under this subsection publicly available on the internet not later than 5 business days after the recommendation is issued.
Sec. 29b. (1) If a public body requires a fee that exceeds the amount permitted under its publicly available procedures and guidelines or section 24, the requesting person may do any of the following:
(a) Submit to the public body's LORA coordinator a written request for a fee reduction that specifically states the word "reconsideration", "appeal", "redetermination", or "reverse", and identifies how the required fee exceeds the amount permitted under the public body's available procedures and guidelines or section 24.
(b) Submit to the council administrator a written request for a fee reduction within 45 days after receiving either a notice of the required fee or a determination of a request for reconsideration. A request shall not be submitted under this subdivision unless 1 of the following applies:
(i) The public body's LORA coordinator failed to respond to a written request for a fee reduction as required under subsection (2).
(ii) The public body's LORA coordinator issued a determination upon a written request for a fee reduction as required under subsection (2).
(2) Within 10 business days after receiving a written request for a fee reduction pursuant to subsection (1)(a), the public body's LORA coordinator shall do 1 of the following:
(a) Waive the fee.
(b) Reduce the fee and issue a written determination to the requesting person indicating the specific basis under section 24 that supports the remaining fee. The determination must include a certification from the public body's LORA coordinator that the statements in the determination are accurate and that the reduced fee amount complies with its publicly available procedures and guidelines and section 24.
(c) Uphold the fee and issue a written determination to the requesting person indicating the specific basis under section 24 that supports the required fee. The determination must include a certification from the public body's LORA coordinator that the statements in the determination are accurate and that the fee amount complies with the public body's publicly available procedures and guidelines and section 24.
(d) Issue a notice extending for not more than 10 business days the period during which the public body's LORA coordinator must respond to the written request for a fee reduction. The public body's LORA coordinator shall not issue more than 1 notice of extension for a particular written request for a fee reduction.
(3) The public body's LORA coordinator is not considered to have received a written request for reconsideration under subsection (2) until the first scheduled session day following submission of the written request under subsection (1)(a).
(4) If, in an appeal commenced under subsection (1)(b), the council administrator determines that the public body required a fee that exceeds the amount permitted under its publicly available procedures and guidelines or section 24, the public body shall reduce the fee to a permissible amount.
(5) An appeal commenced under subsection (1)(b) shall be reviewed and decided by the council administrator at the earliest practicable date and expedited in every way.
(6) The council administrator may require a reasonable fee, not to exceed $50.00, for an appeal commenced under subsection (1)(b) unless the requesting person is eligible for a fee waiver or reduction under section 24 because of indigence. If the requesting person prevails in an appeal commenced under subsection (1)(b) by receiving a reduction of 50% or more of the total fee, the council administrator shall waive the fee required under this subsection.
(7) If the council administrator determines in an appeal commenced under this section that the public body has arbitrarily and capriciously violated this part by charging an excessive fee, the council administrator shall recommend appropriate disciplinary action to the speaker of the house of representatives or the majority leader of the senate, as applicable. The council administrator shall make any recommendation for disciplinary action under this subsection publicly available on the internet not later than 5 business days after the recommendation is issued.
(8) As used in this section, "fee" means the total fee or any component of the total fee calculated under section 24, including any deposit.
Sec. 29c. (1) This part shall not be construed to limit, modify, waive, or otherwise affect the privileges and immunities guaranteed under section 11 of article IV of the state constitution of 1963.
(2) This part does not create or imply a private cause of action for a violation of this part.
Sec. 29d. (1) A public body may exempt from disclosure as a public record under this part any of the following:
(a) Records or information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy. That information includes, but is not limited to, the following:
(i) An individual's Social Security number, financial institution record, electronic fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court-enforced judgments.
(ii) An employee's health care benefit selection.
(iii) Unemployment compensation and worker's disability compensation records.
(iv) Internet-use records unless the records indicate an unlawful use of public resources.
(b) Medical, counseling, or psychological facts or evaluations concerning an individual if the individual's identity would be revealed by a disclosure of those facts or evaluation, including protected health information, as defined in 45 CFR 160.103.
(c) Communications, including any related records or information, between a legislator or a legislator's office and a constituent, other than a person required to be registered as a lobbyist under 1978 PA 472, MCL 4.411 to 4.431. For purposes of this subdivision, "constituent" means any of the following:
(i) An individual who is registered to vote in the district the legislator is elected to represent.
(ii) An individual who is a resident of the district the legislator is elected to represent and who is not registered to vote outside of that district.
(iii) An individual other than an individual described in subparagraph (i) or (ii) if the individual intended that the communication be with the legislator elected to represent the district where the individual is registered to vote or, if not registered to vote, resides.
(d) Communications and notes within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final determination of policy or action. This exemption does not apply if in the particular instance the public interest in disclosure clearly outweighs the public interest in encouraging frank communications. For purposes of this subdivision, "public body" includes a public body as defined in part 1.
(e) Records or information pertaining to an ongoing internal or legislative investigation.
(f) Trade secrets or commercial or financial records or information voluntarily provided in confidence for use in developing governmental policy.
(g) Records or information subject to the attorney-client privilege or any other privilege recognized by the constitution, statute, or court rule.
(h) Records or information relating to a civil action in which the public body is a party until such litigation or claim has been finally adjudicated or otherwise settled.
(i) Records or information specifically described and exempted from disclosure by statute and including the records and information subject to confidentiality requirements in sections 109, 501, and 601 of the legislative council act, 1986 PA 268, MCL 4.1109, 4.1501, and 4.1601, in section 9 of 2016 PA 198, MCL 4.779, and in section 9 of 1975 PA 46, MCL 4.359.
(j) A public record or information described in this section, that is furnished by the public body originally compiling, preparing, or receiving the record or information to a public officer or public body in connection with the performance of the duties of that public officer or public body, if the considerations originally giving rise to the exempt nature of the public record remain applicable.
(k) Records of the office of sergeant at arms.
(l) Records of a public body's security measures, including security plans, capabilities, procedures, measures, passwords, passes, keys, and codes and combinations.
(m) A bid, quote, or proposal submitted by a person to enter into a contract or agreement and records created in the preparation for and evaluation of the bid, quote, or proposal until the time of final notification of award of the contract or agreement.
(n) Records containing a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902, or financial or proprietary information submitted in connection with a bid, quote, or proposal to enter into a contract or agreement.
(o) Records that would do any of the following if disclosed:
(i) Interfere with law enforcement proceedings.
(ii) Deprive a person of the right to a fair trial or impartial administrative adjudication.
(iii) Disclose the identity of a confidential source or information furnished by a confidential source in the course of a legislative investigation.
(iv) Endanger the life or physical safety of any individual.
(v) Prejudice a public body's ability to maintain the security or integrity of its properties or information technology systems.
(p) Records created, prepared, owned, used, in the possession of, or retained by a public body prior to January 1, 2024.
(q) Records created, prepared, owned, used, in the possession of, or retained by the majority or minority caucuses of each house of the legislature.
(r) The cellular telephone number of a public body.
(s) Records containing location information for future meetings of a public body.
(2) This part does not authorize the exemption from disclosure of any salary record of an employee or official of a public body.
(3) This part does not authorize the exemption from disclosure of a record otherwise required by law to be made available to the public.
Sec. 29e. (1) If a public record contains material that is not exempt under section 29d, as well as material that is exempt from disclosure under section 29d, the public body shall separate the exempt and nonexempt material and make the nonexempt material available for examination and copying.
(2) When designing a public record, a public body shall, to the extent practicable, facilitate a separation of exempt from nonexempt information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the public body shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.
Sec. 29f. The attorney general shall counsel and advise a public body on the administration of this part upon request.
Enacting section 1. This amendatory act takes effect January 1, 2024.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 4261 (request no. 01222'23).
(b) Senate Bill No.____ or House Bill No. 4263 (request no. 01223'23).