Michigan House Bill HB5426

Michigan 2023-2024 Regular Session

• Introduced: 2/7/24
• Refer: 2/7/24

Caption

Civil rights: public records; certain FOIA provisions relating to record retention and production duties of public bodies, to fees they may charge for record searches, inspections, and production, and to their designation of FOIA coordinators; modify. Amends secs. 3, 4, 5 & 6 of 1976 PA 442 (MCL 15.233 et seq.). TIE BAR WITH: HB 5427'24, HB 5422'24, HB 5425'24, HB 5424'24, HB 5423'24

Impact

If enacted, HB5426 would significantly alter how information is managed and accessed by the public in Michigan. Among its many provisions, the bill stipulates that FOIA coordinators must keep detailed records of public record requests for at least one year, including the requests made and responses given. Furthermore, it mandates that public bodies publish these records online, thereby improving accessibility and accountability in how public data is handled. This movement towards digital transparency intends to make it easier for citizens to obtain the information they are entitled to without unnecessary barriers.

Summary

House Bill 5426 proposes amendments to the Freedom of Information Act (FOIA) in Michigan, specifically targeting the record retention and production duties of public bodies. The bill amends sections 3, 4, 5, and 6 of the act, which govern the requests for public records, the responsibilities of the FOIA coordinators, and the fees associated with these requests. With the aim of enhancing transparency, the bill ensures that public bodies maintain a clear protocol for handling requests and make information about those processes available to the public.

Contention

Notably, there has been debate regarding the fee structure set forth in the bill. The proposed framework includes conditions under which a public body can charge fees for record searches and the production of documents, conditional on their operational guidelines. While proponents argue that these fees should not serve as a deterrent for public information access, opponents highlight that depending on how these fees are implemented, they could disproportionately affect individuals and organizations seeking information, effectively hindering public access to government information and documents.