SENATE BILL NO. 467

A bill to amend 1976 PA 442, entitled

"Freedom of information act,"

by amending section 3 (MCL 15.233), as amended by 2018 PA 523.

the people of the state of michigan enact:

Sec. 3. (1) Except as expressly provided in section 13, upon providing a public body's FOIA 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 4(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 electronic mail email address. A person has a right to subscribe to future issuances of public records that are created, issued, or disseminated on a regular basis. A subscription is valid for up to 6 months, at the request of the subscriber, and is renewable. An employee of a public body who receives a request for a public record shall promptly forward that request to the freedom of information act coordinator.

(2) A freedom of information act coordinator shall keep a copy of all written requests for public records on file for no 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 act does not require a public body to make a compilation, summary, or report of information, except as required in section 11.

(5) This act does not require a public body to create a new public record, except as required in subsection (7)(c) and section 11, and to the extent required by this act for the furnishing of copies, or edited copies pursuant to section 14(1), of an already existing public record.

(6) The custodian of a public record shall, upon written request, furnish a requesting person a certified copy of a public record.

(7) A public body violates this act and is subject to the civil fine described in section 10b if the public body does any of the following:

(a) Prepares, or knowingly possesses or retains without correction, a public record that, for the purpose of avoiding disclosure of the record pursuant to this act, uses code words or phrases, symbols, foreign language or non-English letters or characters, or any other content not readily associated with the true subject of the record by one who reads only English or, if created or maintained electronically, not readily discoverable by an automated search in English.

(b) In response to a written request to inspect, copy, or receive copies of a public record, avoids disclosure of the record as a result of the record's use of concealing content as described in subdivision (a).

(c) When disclosing a public record that uses concealing content as described in subdivision (a), fails to provide the requester with a written explanation or translation that plainly describes the true subject of the record.