[nfbmi-talk] Legislative Update

[Fred Wurtzel]

Hey Terry,

Thanks for this.  We all ought to contact our Reps and Senators advocating
for this legislation.  We have witnessed ridiculous estimates for FOIA
requests and the stonewalling of such requests is legend among blind
advocates.

Thanks, again, Terry.

Warmest Regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of Terry Eagle
Sent: Wednesday, September 19, 2012 4:41 AM
To: 'NFB of Michigan Internet Mailing List'
Subject: [nfbmi-talk] Legislative Update

LSJ editorial
Sep 17, 2012

FOIA updates will benefit Michigan citizens Changes would slow high charges 

| . A bill introduced last week in the Michigan House would take some 
| strong
steps toward improving citizen access to government records and deserves
bipartisan support. Mike Shirkey, R-Clarklake, introduced HB 5879, several
amendments to the Michigan Freedom of Information Act that would limit the
fees government agencies can charge for copying records and increase fines
charged to governmental units that fail to comply with the act. Among
improvements: Governmental organizations would be limited to charging 10
cents per page for copying records. This would send a clear signal that
citizens requesting public records are not a source of revenue for
beleaguered government coffers. Currently, copying fees vary wildly. A
legislated limit makes the rules more clear for all involved. The current
law allows citizens to inspect records in person without paying copying
fees; yet some government offices have started to make copies - and charge
for them - during in-person inspections. The bill clarifies that such
charges are not allowed unless the citizen asking to see the documents
specifically requests copies. The bill adds provisions allowing requesters
to appeal in Circuit Court to have other fees associated with their requests
lowered. Such fees include the cost of locating the records, reviewing the
records and separating exempt information from the nonexempt information.
Even though the existing FOIA requires that charges be based on the hourly
wage of the lowest paid public body employee capable of retrieving
information to comply with the request, this is another area where fees
often vary wildly. No doubt more specific limits or restrictions on the
front end would be favored by some open records advocates. Shirkey's bill at
least makes a start in addressing the growing problem of high charges for
reviewing records to separate exempted information. The bill increases
pressure on governmental units to provide data within existing time limits
by adding penalties when they don't. For each day late on responding, the
agency would be required to reduce fees by 20 percent. And the bill would
increase the penalty for arbitrarily and capriciously denying a request from
$500 to $5,000 - another change that adds some teeth. This will stop erosion
of citizens' rights by eliminating practices some have used to make it more
difficult for citizens to access public records. It deserves passage.  




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