[nfbmi-talk] HB 4314

[Joe Sontag]

Together with HB 4001, this would be a good start towards ending the abuses of the State's Freedom Of Information Act that we all know too well.

The text appears below.

HOUSE BILL No. 4314
February 26, 2013, Introduced by Reps. McMillin, MacMaster, Howrylak, Irwin, Robinson
and Cavanagh and referred to the Committee on Oversight.
     A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
(MCL 15.231 to 15.246) by adding section 10a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
     Sec. 10a. (1) The open government commission is created within
the department of civil rights.
     (2) The open government commission shall consist of 9 members
appointed by the governor, as follows:
     (a) One from recommendations by the senate majority leader.
     (b) One from recommendations by the senate minority leader.
     (c) One from recommendations by the speaker of the house.
     (d) One from recommendations by the house minority leader.
     (e) Two from recommendations by the Michigan association of
broadcasters.
     (f) Two from recommendations by the Michigan press
association.
     (g) One at the governor's discretion.
     (3) The members first appointed to the open government
commission shall be appointed within 60 days after the effective
date of this section.
     (4) Members of the open government commission shall serve for
terms of 4 years or until a successor is appointed, whichever is
later, except that of the members first appointed 2 shall serve for
1 year, 2 shall serve for 2 years, and 2 shall serve for 3 years.
     (5) If a vacancy occurs on the open government commission, the
governor shall fill the vacancy in the unexpired term in the same
manner as the original appointment.
     (6) The governor may remove a member of the open government
commission for incompetence, dereliction of duty, malfeasance,
misfeasance, or nonfeasance in office, or any other good cause.
     (7) The first meeting of the open government commission shall
be called by the governor. At the first meeting, the open
government commission shall elect from among its members a
chairperson and other officers as it considers necessary or
appropriate. After the first meeting, the open government
commission shall meet at least monthly, or more frequently at the
call of the chairperson or if requested by 3 or more members.
     (8) A majority of the members of the open government
commission constitute a quorum for the transaction of business. A
majority of the members serving are required for official action of
the open government commission.
     (9) The business that the open government commission performs
shall be conducted at a public meeting held in compliance with the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The
commission may meet in closed session to deliberate on the merits
of an asserted exemption, exclusion, or privilege from disclosure
for a writing.
     (10) A writing prepared, owned, used, in the possession of, or
retained by the open government commission in the performance of an
official function is subject to this act. However, if an exemption,
exclusion, or privilege from disclosure has been asserted for a
writing, the writing is not subject to disclosure until after the
commission determines that the assertion is without merit.
     (11) Members of the open government commission shall serve
without compensation. However, members of the open government
commission may be reimbursed for their actual and necessary
expenses incurred in the performance of their official duties as
members of the open government commission.
     (12) The open government commission shall do all of the
following:
     (a) Receive citizen complaints regarding responses to requests
for information under this act.
     (b) In response to a citizen complaint, investigate a public
body's policies regarding freedom of information requests.
     (c) In response to a citizen complaint, investigate a public
body's response to a citizen request under this act.
     (d) In response to a citizen complaint and request for an
opinion, investigate and issue an opinion that is binding and
enforceable as to the public body and the person bringing the
complaint absent appeal to the court, resolving the following
issues concerning a request under this act:
     (i) The amount of the fee authorized under this act.
     (ii) The validity, applicability, or extent of any exemption or
exclusion asserted.
     (iii) The documents that this act requires the public body to
make available in response to the request.
     (13) The open government commission may do 1 or more of the
following:
     (a) Refer a citizen complaint to the attorney general.
     (b) Recommend policies or actions to a public body after
investigating a citizen's complaint.
     (c) Recommend changes to laws based on information gathered in
receiving, investigating, and responding to a citizen's complaint.
     (14) The 180-day period for filing a court action under
section 10 is tolled while an appeal is pending before the open
government commission.