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MI HB5879
Bill
Status
9/11/2012
Primary Sponsor
Michael Shirkey
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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