Bill Text: MI HB4014 | 2019-2020 | 100th Legislature | Engrossed

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Bill Title: Civil rights: other; access to public record search under legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding sec. 55. TIE BAR WITH: HB 4011'19

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-04-10 - Referred To Committee On Oversight [HB4014 Detail]

Download: Michigan-2019-HB4014-Engrossed.html

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HB-4014, As Passed House, April 9, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4014

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 442, entitled

 

"Freedom of information act,"

 

(MCL 15.231 to 15.246) by adding section 25.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 25. (1) Except as provided in section 23, to inspect or

 

receive a copy of a public record under this part, a person shall

 

submit a written request for the public record to the LORA

 

coordinator of the public body. A written request made by

 

facsimile, electronic mail, or other electronic transmission under

 

this part is not considered to be received by a public body's LORA

 

coordinator until 1 business day after the electronic transmission

 

is made. However, if a written request is sent by electronic mail

 

and delivered to the public body's spam or junk mail folder, the

 

request is not received until 1 day after the public body first

 

becomes aware of the written request. The public body shall note in

 

its records both the time a written request is delivered to its

 

spam or junk-mail folder and the time the public body first becomes

 

aware of that request.

 

     (2) Unless otherwise agreed to in writing by the person making

 

the request, a public body shall respond to a request for a public

 

record within 5 business days after the public body receives the

 

request by doing 1 of the following:

 

     (a) Granting the request.

 

     (b) Issuing a written notice to the requesting person denying

 

the request.

 

     (c) Granting the request in part and issuing a written notice

 

to the requesting person denying the request in part.

 

     (d) Issuing a notice extending for not more than 10 business

 

days the time by which the public body must respond to the request.

 

A public body shall not issue more than 1 notice of extension for

 

each request.

 

     (3) Failure to respond to a request pursuant to subsection (2)

 

constitutes a public body's final determination to deny the request

 

if either of the following applies:

 

     (a) The failure was willful and intentional.

 

     (b) The written request included language that conveyed a

 

request for information within the first 250 words of the body of a

 

letter, facsimile, electronic mail, or electronic mail attachment,

 

or specifically included the words, characters, or abbreviations

 

for "freedom of information", "open records", "information",

 

"LORA", "copy", or a recognizable misspelling of such, or

appropriate legal code reference to this part, on the front of an

 

envelope or in the subject line of an electronic mail, letter, or

 

facsimile cover page.

 

     (4) A written notice denying a request for a public record in

 

whole or in part is a public body's final determination to deny the

 

request or portion of that request. The written notice shall

 

contain all of the following:

 

     (a) An explanation of the basis under this part or other

 

statute for the determination that the public record, or portion of

 

that public record, is exempt from disclosure, if that is the

 

reason for denying all or a portion of the request.

 

     (b) A certificate that the public record does not exist under

 

the name given by the requester or by another name reasonably known

 

to the public body, if that is the reason for denying the request

 

or a portion of the request.

 

     (c) A description of a public record or information on a

 

public record that is separated or deleted pursuant to section 29e,

 

if a separation or deletion is made.

 

     (d) A full explanation of the requesting person's right to do

 

either of the following:

 

     (i) Submit a written request for reconsideration to the public

 

body's LORA coordinator that specifically states the word

 

"reconsideration", "appeal", "redetermination", or "reverse" and

 

identifies the reason or reasons for reversal of the disclosure

 

denial.

 

     (ii) Seek final review of the denial under section 29a.

 

     (5) The individual designated under sections 26 to 28 as a

LORA coordinator or under section 29 as a LORA coordinator designee

 

shall sign the written notice of denial.

 

     (6) If a public body issues a notice extending the period for

 

a response to the request, the notice shall specify the reasons for

 

the extension and the date by which the public body will do 1 of

 

the following:

 

     (a) Grant the request.

 

     (b) Issue a written notice to the requesting person denying

 

the request.

 

     (c) Grant the request in part and issue a written notice to

 

the requesting person denying the request in part.

 

     (7) If a public body makes a final determination to deny in

 

whole or in part a request to inspect or receive a copy of a public

 

record or portion of a public record, the requesting person may

 

seek reconsideration or appeal of the denial as provided in section

 

29a.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2020.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4011 of the 100th Legislature is enacted into

 

law.