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MI HB4387
Bill
Status
3/18/2021
Primary Sponsor
Bryan Posthumus
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AI Summary
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Establishes detailed procedures for charging fees when responding to public records requests under Michigan's Freedom of Information Act, effective January 1, 2022.
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Limits fees to actual costs including labor (capped at lowest-paid employee's hourly wage), copying (maximum 10 cents per sheet for standard paper), media costs, and mailing expenses, with labor charged in 15-minute increments rounded down.
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Requires public bodies to establish and publish written procedures, guidelines, and fee summaries on websites and provide them free to requestors; prohibits charging fees until compliance with these requirements is met.
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Allows $20 fee waivers for indigent individuals (limited to twice per calendar year) and designated nonprofits serving people with developmental disabilities or mental illness; reduces labor charges by 5% per day (up to 50%) for late responses if request clearly indicated FOIA purpose.
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Permits deposits up to 50% of estimated fees if total exceeds $50, with increased deposits (up to 100%) allowed for subsequent requests from individuals with unpaid prior balances; requests are abandoned if deposits not received within 45 days.
Legislative Description
Civil rights: other; fee for public record search under legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding sec. 24. TIE BAR WITH: HB 4383'21
Legislature: other
Last Action
Referred To Committee On Oversight
3/23/2021