Bill Text: MI HB4736 | 2019-2020 | 100th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Civil rights: public records; alternative response to requests for certain public records involving the location of game; provide for. Amends sec. 5 of 1976 PA 442 (MCL 15.235). TIE BAR WITH: HB 4735'19

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2020-02-26 - Referred To Committee On Natural Resources [HB4736 Detail]

Download: Michigan-2019-HB4736-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4736

 

 

June 19, 2019, Introduced by Reps. Cherry, VanSingel, Love, Brixie, Sneller, Hood and Kuppa and referred to the Committee on Natural Resources and Outdoor Recreation.

 

     A bill to amend 1976 PA 442, entitled

 

"Freedom of information act,"

 

by amending section 5 (MCL 15.235), as amended by 2018 PA 105.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) Except as provided in section 3, a person desiring

 

to inspect or receive a copy of a public record shall make a

 

written request for the public record to the FOIA coordinator of a

 

public body. A written request made by facsimile, electronic mail,

 

or other electronic transmission is not received by a public body's

 

FOIA coordinator until 1 business day after the electronic

 

transmission is made. However, if a written request is sent by

 

electronic mail 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 period during which the public body shall respond to the

 

request. A public body shall not issue more than 1 notice of

 

extension for a particular request.

 

     (e) If the request is made to the FOIA coordinator for the

 

department of natural resources for records relating to the

 

specific location of game obtained by the department of natural

 

resources during any restoration, management, or research project

 

conducted under section 40501 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.40501, or the

 

expenditure of money under section 43553 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.43553, 1 of

 

the following:

 

     (i) Responding as described in subdivision (a), (b), (c), or

 

(d).

 

     (ii) Granting the request on the condition that the requesting


person sign a form indicating that the person shall not use the

 

information of game location to take game or assist others in the

 

taking of game.

 

     (3) Failure to respond to a request pursuant to under

 

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, electronic mail, or electronic mail attachment,

 

or specifically included the words, characters, or abbreviations

 

for "freedom of information", "information", "FOIA", "copy", or a

 

recognizable misspelling of such, or appropriate legal code

 

reference to this act, on the front of an envelope or in the

 

subject line of an electronic mail, letter, or facsimile cover

 

page.

 

     (4) In a civil action to compel a public body's disclosure of

 

a public record under section 10, the court shall assess damages

 

against the public body pursuant to under section 10(7) if the

 

court has done both of the following:

 

     (a) Determined that the public body has not complied with

 

subsection (2).

 

     (b) Ordered the public body to disclose or provide copies of

 

all or a portion of the public record.

 

     (5) 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:

 

     (a) An explanation of the basis under this act 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 requester 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 under

 

section 14, 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 to the head of the public body a written appeal

 

that specifically states the word "appeal" and identifies the

 

reason or reasons for reversal of the disclosure denial.

 

     (ii) Seek judicial review of the denial under section 10.

 

     (e) Notice of the right to receive attorneys' fees and damages

 

as provided in section 10 if, after judicial review, the court

 

determines that the public body has not complied with this section

 

and orders disclosure of all or a portion of a public record.

 

     (6) The individual designated in section 6 as responsible for

 

the denial of the request shall sign the written notice of denial.

 

     (7) 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.

 

     (8) 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 that public record, the requesting person may

 

do either of the following:

 

     (a) Appeal the denial to the head of the public body pursuant

 

to under section 10.

 

     (b) Commence a civil action, pursuant to under section 10.

 

     (9) Notwithstanding any other provision of this act to the

 

contrary, a public body that maintains a law enforcement records

 

management system and stores public records for another public body

 

that subscribes to the law enforcement records management system is

 

not in possession of, retaining, or the custodian of, a public

 

record stored on behalf of the subscribing public body. If the

 

public body that maintains a law enforcement records management

 

system receives a written request for a public record that is

 

stored on behalf of a subscribing public body, the public body that

 

maintains the law enforcement records management system shall,

 

within 10 business days after receipt of the request, give written

 

notice to the requesting person identifying the subscribing public

 

body and stating that the requesting person shall submit the

 

request to the subscribing public body. As used in this subsection,


"law enforcement records management system" means a data storage

 

system that may be used voluntarily by subscribers, including any

 

subscribing public bodies, to share information and facilitate

 

intergovernmental collaboration in the provision of law enforcement

 

services.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4735 (request no.

 

02153'19) of the 100th Legislature is enacted into law.

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