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MI HB4468

Bill

Status

Passed

3/4/2020

Primary Sponsor

Steven Johnson

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

  • Modifies the Freedom of Information Act (FOIA) to clarify when written requests sent by facsimile, email, or other electronic transmission are considered received by a public body, with electronic requests not received until 1 business day after transmission.

  • Establishes that if an electronic mail request is delivered to a public body's spam or junk-mail folder, the request is not considered received until 1 day after the public body becomes aware of it, and requires the public body to note both delivery and discovery times in its records.

  • Clarifies that failure to respond to a FOIA request within 5 business days constitutes a denial if the failure was willful and intentional, or if the request clearly indicated it was a FOIA request through specific language, keywords, or legal code references within the first 250 words or in subject lines.

  • Maintains existing requirements that public bodies must respond to FOIA requests by granting, denying, partially granting/denying, or extending the response period by not more than 10 business days.

  • Takes effect immediately upon approval (March 3, 2020).

Legislative Description

Civil rights; public records; method of correspondence used for freedom of information requests; modify. Amends sec. 5 of 1976 PA 442 (MCL 15.235).

Civil rights: public records

Last Action

Assigned Pa 36'20 With Immediate Effect

3/4/2020

Committee Referrals

Oversight10/2/2019
Ways And Means5/2/2019
Oversight4/17/2019

Full Bill Text

No bill text available