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MI HB5473
Bill
Status
3/16/2016
Primary Sponsor
Lee Chatfield
Click for details
AI Summary
HB5473 Summary
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Adds internal reconsideration process for denied FOIA requests: requesting persons may submit written appeals to a public body's LORA coordinator using the words "reconsideration," "appeal," "redetermination," or "reverse," which must be answered within 10 business days.
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Establishes council administrator review for persistent denials: if the LORA coordinator denies reconsideration or fails to respond, the requesting person may appeal to the council administrator within 180 days, with expedited review required.
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Requires fee reductions through similar process: requesting persons can challenge excessive FOIA fees by requesting reconsideration from the LORA coordinator within 10 business days, with council administrator appeal available within 45 days if denied.
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Sets appeal fees at $75 for denial appeals and $50 for fee reduction appeals, with waivers for indigent filers and automatic waiver if requestor wins 50% or greater fee reduction.
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Authorizes council administrator to recommend disciplinary action against public bodies for arbitrary violations and requires such recommendations be posted online within 5 days; takes effect January 1, 2017.
Legislative Description
Civil rights; other; appeal procedure of the legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 59a & 59b. TIE BAR WITH: HB 5469'16
Legislature: other
Last Action
Referred To Committee On Government Operations
10/18/2016