March 13, 2018, Introduced by Reps. Alexander, Kelly, Canfield, Miller, Johnson, Barrett, LaSata, Howrylak, Frederick, Glenn, Kahle, Marino, Inman, Noble, Greimel, Zemke, LaFave, Leutheuser and Hornberger and referred to the Committee on Oversight.
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending section 5 (MCL 15.235), as amended by 2014 PA 563.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Except as provided in section 3, a person desiring
to inspect or receive a copy of a public record shall make a
written request for the public record to the FOIA coordinator of a
public body. A written request made by facsimile, electronic mail,
or other electronic transmission is not received by a public body's
FOIA 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 period during which the public body shall respond to the
request. A public body shall not issue more than 1 notice of
extension for a particular request.
(3)
Failure to respond to a request pursuant to under
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", "information", "FOIA", "copy", or a
recognizable misspelling of such, or appropriate legal code
reference to this act, on the front of an envelope or in the
subject line of an electronic mail, letter, or facsimile cover
page.
(4) In a civil action to compel a public body's disclosure of
a public record under section 10, the court shall assess damages
against
the public body pursuant to under
section 10(7) if the
court has done both of the following:
(a) Determined that the public body has not complied with
subsection (2).
(b) Ordered the public body to disclose or provide copies of
all or a portion of the public record.
(5) 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 must
contain:
(a) An explanation of the basis under this act 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 under
section 14, 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 to the head of the public body a written appeal
that specifically states the word "appeal" and identifies the
reason or reasons for reversal of the disclosure denial.
(ii) Seek judicial review of the denial under section 10.
(e) Notice of the right to receive attorneys' fees and damages
as provided in section 10 if, after judicial review, the court
determines that the public body has not complied with this section
and orders disclosure of all or a portion of a public record.
(6) The individual designated in section 6 as responsible for
the denial of the request shall sign the written notice of denial.
(7) If a public body issues a notice extending the period for
a
response to the request, the notice shall must 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.
(8) 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 that public record, the requesting person may
do either of the following:
(a)
Appeal the denial to the head of the public body pursuant
to
under section 10.
(b) Commence a civil action, pursuant to section 10.
(9) If a public body under section 2(d)(i) or a public body
created by or primarily funded by or through state authority under
section 2(d)(iv) fails to respond to a request under subsection (2)
and the condition described in subsection (3)(a) or (b) applies,
that public body shall promptly notify in writing all of the
following of the failure to respond if that failure exceeds 15
days:
(a) The speaker of the house of representatives.
(b) The senate majority leader.
(c) The chairpersons of the senate and house committees that
have responsibility for government oversight and for
appropriations.