Bill Text: MI HB6448 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Civil rights; public records; requests for public records; require state agencies to report to governor. Amends secs. 3 & 6 of 1976 PA 442 (MCL 15.233 & 15.236).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-09-16 - Printed Bill Filed 09/16/2010 [HB6448 Detail]

Download: Michigan-2009-HB6448-Introduced.html

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HOUSE BILL No. 6448

 

September 15, 2010, Introduced by Rep. LeBlanc and referred to the Committee on Government Operations.

 

     A bill to amend 1976 PA 442, entitled

 

"Freedom of information act,"

 

by amending sections 3 and 6 (MCL 15.233 and 15.236), as amended by

 

1996 PA 553.

 

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 person has a right to subscribe to future issuances

 

of public records that are created, issued, or disseminated on a

 

regular basis. A subscription shall be valid for up to 6 months, at

 

the request of the subscriber, and shall be 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 sections 6 and 11.

 

     (5) This act does not require a public body to create a new

 

public record, except as required in 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.

 

     Sec. 6. (1) A public body that is a city, village, township,

 

county, or state department, or under the control of a city,

 

village, township, county, or state department, shall designate an

 

individual as the public body's FOIA coordinator. The FOIA

 

coordinator shall be responsible for accepting and processing

 

requests for the public body's public records under this act and

 

shall be responsible for approving a denial under section 5(4) and

 

(5). In a county not having an executive form of government, the

 

chairperson of the county board of commissioners is designated the

 

FOIA coordinator for that county.

 

     (2) For all other public bodies, the chief administrative

 

officer of the respective public body is designated the public

 

body's FOIA coordinator.

 

     (3) An FOIA coordinator may designate another individual to

 

act on his or her behalf in accepting and processing requests for

 

the public body's public records, and in approving a denial under

 

section 5(4) and (5).

 

     (4) The FOIA coordinator of a state department or agency shall

 

report annually to the governor all of the following regarding

 

requests for public records under this act:

 

     (a) The number of requests received by the agency.

 

     (b) The number of written notices issued by the agency denying

 

a request and the reason for each denial.

 

     (c) The average number of days required to respond to a

 

request for each of the following response categories:

 

     (i) Denial of a request.

 

     (ii) Granting a request.

 

     (iii) Granting a request in part and denying a request in part.