Loading chat...

MI HB5879

Bill

Status

Introduced

9/11/2012

Primary Sponsor

Michael Shirkey

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Caps copying fees at 10 cents per page and eliminates separate fees for search, examination, and review of records unless costs would be unreasonably high, with public bodies required to publish procedures justifying such charges.

  • Allows first $20 of fees to be waived for individuals receiving public assistance or unable to pay due to indigency upon submission of an affidavit.

  • Reduces permissible FOIA fees by 20% per day if records are not provided within 5 business days of request, with no fee charged if delivery exceeds 5 days late.

  • Adds $5,000 punitive damages (increased from $500) for arbitrary and capricious violations involving refusal or delay in disclosing records, in addition to attorneys' fees and actual damages.

  • Allows requesters to appeal excessive fees (exceeding 10 cents per page or $100 cumulatively in 6 months for search/examination/review costs) directly to circuit court within 180 days of fee notification.

Legislative Description

Civil rights; public records; statewide standards for freedom of information act costs; modify. Amends secs. 4, 5 & 10 of 1976 PA 442 (MCL 15.234 et seq.).

Civil rights, public records

Last Action

Printed Bill Filed 09/12/2012

9/12/2012

Committee Referrals

Oversight, Reform, And Ethics9/11/2012

Full Bill Text

No bill text available