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MI HB4385
Bill
Status
3/18/2021
Primary Sponsor
Annette Glenn
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AI Summary
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Establishes a two-tier appeal process for FOIA denials: requesters can first ask the public body's LORA coordinator for reconsideration within 10 business days, then appeal to a council administrator within 180 days if denied or if coordinator fails to respond.
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Requires LORA coordinators to respond to reconsideration requests within 10 business days by either reversing the denial, upholding it, partially reversing it, or extending the deadline by up to 10 additional business days (one extension maximum).
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Allows the council administrator to compel disclosure of wrongfully withheld public records and must expedite appeals at the earliest practicable date; council administrator may charge up to $75 for disclosure denial appeals.
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Creates a parallel appeal process for excessive fees: requesters can request fee reductions from LORA coordinators (within 10 business days) or appeal to council administrator (within 45 days); council administrator may charge up to $50 for fee appeals, waived if requester prevails with 50% or more fee reduction.
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Directs council administrator to recommend disciplinary action to legislative leaders if public body arbitrarily and capriciously violates FOIA by refusing records, delaying disclosure, or charging excessive fees; recommendations must be publicly posted within 5 business days.
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. 29a & 29b. TIE BAR WITH: HB 4383'21
Legislature: other
Last Action
Referred To Committee On Oversight
3/23/2021