Michigan House Bill HB5422

Michigan 2023-2024 Regular Session

• Introduced: 2/7/24
• Refer: 2/7/24

Caption

Civil rights: public records; certain FOIA provisions relating to appeals that may be taken for alleged violations of FOIA; modify. Amends secs. 10 & 10a of 1976 PA 442 (MCL 15.240 & 15.240a). TIE BAR WITH: HB 5426'24, HB 5425'24, HB 5424'24, HB 5423'24

Impact

If passed, HB 5422 would modify existing laws to clarify procedures concerning how a requester can appeal a denial of a public records request. The changes are expected to expedite the appeals process, allowing for more rapid resolution of disputes concerning access to public records and potentially creating a more transparent environment regarding government operations. The bill increases the accountability of public bodies by enforcing stricter adherence to response timelines and conditions under which fees may be charged for records.

Summary

House Bill 5422 proposes amendments to the Michigan Freedom of Information Act (FOIA), specifically addressing the appeal process when a public body denies access to public records. It allows requesters to appeal denial decisions in designated ways, including submitting a written appeal, commencing a civil action within a specified timeframe, or appealing to the commission. The bill aims to enhance the accessibility of public records while ensuring a thorough process for disputing denial rulings.

Contention

Notably, the proposed amendments include provisions for imposing penalties on public bodies that charge excessive fees for record access. If a court finds that a public body has arbitrarily and capriciously charged a fee that exceeds permissible amounts, it may impose fines. Critics of the bill may raise concerns regarding the potential burden on public entities to manage fees and responses, fearing that increased litigation could arise from disputes regarding public record requests. Overall, while the bill intends to promote public access to information, arguments about balancing access against governance efficiency could be anticipated.