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MI HB4154

Bill

Status

Engrossed

3/16/2017

Primary Sponsor

Brandt Iden

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Establishes a two-step appeal process for denials of public records requests: first, requesters must submit written reconsideration requests to the public body's LORA coordinator within specified timeframes, and only after exhausting that process may they appeal to a council administrator.

  • Requires LORA coordinators to respond to reconsideration requests within 10 business days by either reversing the denial, upholding it, reversing it in part, or extending the response period by up to 10 additional business days (maximum one extension per request).

  • Allows requesters to appeal to the council administrator if the LORA coordinator fails to respond or upholds all or part of a denial; the council administrator must review appeals at the earliest practicable date and may charge up to $75 for this appeal service (unless the requester qualifies for a fee waiver).

  • Requires public bodies to disclose records determined not to be exempt and establishes authority for the council administrator to recommend disciplinary action to legislative leadership for arbitrary and capricious violations, with recommendations made publicly available within 5 days.

  • Creates a parallel process for appealing excessive fees charged by public bodies, with council administrator fees capped at $50 (waived if the requester achieves a 50% or more fee reduction) and similar disciplinary recommendations for willful violations.

  • Takes effect January 1, 2019, contingent on enactment of HB 4150.

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 4150'17

Legislature: other

Last Action

Referred To Committee On Government Operations

3/21/2017

Committee Referrals

Government Operations3/21/2017
Michigan Competitveness2/2/2017

Full Bill Text

No bill text available