Bill Text: MI HB4444 | 2019-2020 | 100th Legislature | Chaptered

Michigan House Bill 4444 (Prior Session Legislation)

Bill Title: Civil rights: public records; publication by electronic means; allow. Amends sec. 11 of 1976 PA 442 (MCL 15.241).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2020-03-04 - Assigned Pa 37'20 With Immediate Effect [HB4444 Detail]

Download: Michigan-2019-HB4444-Chaptered.html

Act No. 37

Public Acts of 2020

Approved by the Governor

March 3, 2020

Filed with the Secretary of State

March 3, 2020

EFFECTIVE DATE: March 3, 2020

state of michigan

100th Legislature

Regular session of 2020

Introduced by Reps. Steven Johnson, Miller, Howell, Iden and Bellino

ENROLLED HOUSE BILL No. 4444

AN ACT to amend 1976 PA 442, entitled �An act to provide for public access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to provide remedies and penalties; and to repeal certain acts and parts of acts,� by amending section 11 (MCL 15.241), as amended by 2014 PA 563.

The People of the State of Michigan enact:

Sec. 11. (1) A state agency shall publish and make available to the public all of the following:

(a) Final orders or decisions in contested cases and the records on which they were made.

(b) Promulgated rules.

(c) Other written statements that implement or interpret laws, rules, or policy, including but not limited to guidelines, manuals, and forms with instructions, adopted or used by the agency in the discharge of its functions.

(2) Publications may be in electronic format or in pamphlet, loose-leaf, or other appropriate form in printed, mimeographed, or other written matter.

(3) Except to the extent that a person has actual and timely notice of the terms thereof, a person is not required to resort to, and shall not be adversely affected by, a matter required to be published and made available, if the matter is not so published and made available.

(4) This section does not apply to public records that are exempt from disclosure under section 13.

(5) A person may commence an action in the court of claims to compel a state agency to comply with this section. If the court determines that the state agency has failed to comply, the court shall order the state agency to comply and shall award reasonable attorneys� fees, costs, and disbursements to the person commencing the action. The court of claims has exclusive jurisdiction to issue the order.

(6) As used in this section, �state agency�, �contested case�, and �rule� mean �agency�, �contested case�, and �rule� as those terms are defined in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

This act is ordered to take immediate effect.