Bill Text: MI HB4385 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Civil rights: other; appeal procedure of the legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 29a & 29b. TIE BAR WITH: HB 4383'21
Spectrum: Slight Partisan Bill (Democrat 37-13)
Status: (Engrossed - Dead) 2021-03-23 - Referred To Committee On Oversight [HB4385 Detail]
Download: Michigan-2021-HB4385-Introduced.html
HOUSE BILL NO. 4385
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
(MCL 15.231 to 15.246) by adding sections 29a and 29b.
The people of the state of michigan enact:
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.
Enacting section 1. This amendatory act takes effect January 1, 2022.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4383 (request no. 00260'21 *) of the 101st Legislature is enacted into law.
