SB 840 Summary

• Adds Section 25 to the Freedom of Information Act (1976 PA 442) establishing procedures for requesting public records through a designated LORA coordinator.

• Requires public bodies to respond to written public record requests within 5 business days by granting, denying, partially granting, or issuing a single extension of up to 10 business days.

• Establishes that failure to respond constitutes a denial if the request was willful and intentional, or if it clearly indicated a FOIA request through specific language or keywords in the first 250 words or in the subject line.

• Requires written denial notices to explain the legal basis for exemption, certify that records do not exist, describe redacted information, and inform requesters of their right to appeal or seek reconsideration.

• Takes effect January 1, 2021, but only if Senate Bill No. 837 is also enacted into law.