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MI HB4001

Bill

Status

Passed

12/31/2014

Primary Sponsor

Michael Shirkey

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Origin

House of Representatives

97th Legislature

AI Summary

  • Establishes standardized fee limits for public records requests including labor costs capped at lowest-paid employee wage, copying at maximum 10 cents per sheet, and actual mailing costs, with detailed itemization requirements for all fees charged.

  • Requires public bodies to post procedures, guidelines, and written summaries on websites explaining how to submit requests, understand responses, and challenge fees; failure to comply prevents charging deposits or fees until procedures are made publicly available.

  • Creates fee waiver or reduction for first $20 of costs for indigent individuals (limited twice per calendar year) and designated nonprofits serving people with developmental disabilities or mental illness.

  • Implements 5% daily fee reductions (up to 50% maximum) for late responses to FOIA requests, with civil fines of $1,000 and punitive damages of $1,000 for arbitrary violations plus attorneys' fees for prevailing requestors.

  • Adds new civil action procedures for fee disputes allowing court review within 45 days of fee notice, with $500 civil fines and potential punitive damages if public body charged excessive fees, plus enhanced penalties of $2,500 to $7,500 for willful or bad faith violations; effective July 1, 2015.

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

Assigned Pa 563'14 With Immediate Effect 2014 Addenda

12/31/2014

Committee Referrals

Government Operations3/25/2014
Oversight, Reform, And Ethics1/9/2013

Full Bill Text

No bill text available