SB 839 Summary

• Adds Section 24 to the Freedom of Information Act (1976 PA 442) establishing fee structures for public record requests, limiting charges to actual costs for labor, copying, mailing, and media.

• Caps labor costs at the hourly wage of the lowest-paid employee capable of performing the work, charged in 15-minute increments (rounded down), with up to 50% added for fringe benefits if clearly itemized.

• Limits paper copy fees to 10 cents per sheet and requires public bodies to establish written procedures, post them on websites, and provide detailed itemized fee breakdowns using a standard form.

• Provides fee waivers or reductions for indigent individuals (first $20 per request, up to twice per calendar year) and qualifying nonprofit disability/mental health advocacy organizations formally designated by the state.

• Imposes automatic 5% daily labor cost reductions (maximum 50%) if a public body fails to respond timely to clearly marked FOIA requests, and allows deposits up to 50% of estimated fees only when total estimate exceeds $50.

• Takes effect January 1, 2021, contingent on enactment of SB 837.