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MI HB4468
Bill
Status
3/4/2020
Primary Sponsor
Steven Johnson
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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