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MI HB5473

Bill

Status

Introduced

3/16/2016

Primary Sponsor

Lee Chatfield

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

HB5473 Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Government Operations10/18/2016
Oversight And Ethics3/16/2016

Full Bill Text

No bill text available