Bill Text: MI HB5599 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Civil rights; public records; fee for FOIA request; waive for an elected official. Amends sec. 4 of 1976 PA 442 (MCL 15.234).
Spectrum: Slight Partisan Bill (Democrat 17-6)
Status: (Introduced - Dead) 2014-11-13 - Referred To Committee On Oversight [HB5599 Detail]
Download: Michigan-2013-HB5599-Introduced.html
HOUSE BILL No. 5599
May 27, 2014, Introduced by Reps. Lipton, Geiss, Heise, Barnett, Tlaib, Driskell, Cochran, Abed, Segal, Brown, Stanley, Slavens, Kandrevas, Hovey-Wright, Roberts, McMillin, Cavanagh, Howrylak, Shirkey, Genetski, Goike, Faris and Oakes and referred to the Committee on Government Operations.
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending section 4 (MCL 15.234), as amended by 1996 PA 553.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A public body may charge a fee for a public record
search, the necessary copying of a public record for inspection, or
for providing a copy of a public record. Subject to subsections (3)
and (4), the fee shall be limited to actual mailing costs, and to
the actual incremental cost of duplication or publication including
labor, the cost of search, examination, review, and the deletion
and separation of exempt from nonexempt information as provided in
section 14. A search for a public record may be conducted or copies
of public records may be furnished without charge or at a reduced
charge if the public body determines that a waiver or reduction of
the fee is in the public interest because searching for or
furnishing copies of the public record can be considered as
primarily benefiting the general public. A public body shall waive
the fee if the request is made by an elected public official in
furtherance of his or her duties as an elected public official. A
public record search shall be made and a copy of a public record
shall be furnished without charge for the first $20.00 of the fee
for each request to an individual who is entitled to information
under this act and who submits an affidavit stating that the
individual is then receiving public assistance or, if not receiving
public assistance, stating facts showing inability to pay the cost
because of indigency.
(2) A public body may require at the time a request is made a
good faith deposit from the person requesting the public record or
series of public records, if the fee authorized under this section
exceeds $50.00. The deposit shall not exceed 1/2 of the total fee.
(3) In calculating the cost of labor incurred in duplication
and mailing and the cost of examination, review, separation, and
deletion under subsection (1), a public body may not charge more
than the hourly wage of the lowest paid public body employee
capable of retrieving the information necessary to comply with a
request under this act. Fees shall be uniform and not dependent
upon the identity of the requesting person. A public body shall
utilize the most economical means available for making copies of
public records. A fee shall not be charged for the cost of search,
examination, review, and the deletion and separation of exempt from
nonexempt information as provided in section 14 unless failure to
charge a fee would result in unreasonably high costs to the public
body because of the nature of the request in the particular
instance, and the public body specifically identifies the nature of
these unreasonably high costs. A public body shall establish and
publish procedures and guidelines to implement this subsection.
(4) This section does not apply to public records prepared
under an act or statute specifically authorizing the sale of those
public records to the public, or if the amount of the fee for
providing a copy of the public record is otherwise specifically
provided by an act or statute.
