Bill Text: MI HB4010 | 2019-2020 | 100th Legislature | Engrossed
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. 59a & 59b. TIE BAR WITH: HB 4011'19
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-03-20 - Referred To Committee On Oversight [HB4010 Detail]
Download: Michigan-2019-HB4010-Engrossed.html
HB-4010, As Passed House, March 19, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4010
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 shall 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 shall 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, 2020.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4011 of the 100th Legislature is enacted into
law.
