[nfbmi-talk] HB 4314

Tue Nov 12 15:02:07 UTC 2013

I have all ready sent this information to my senator and rep. Thanks.
----- Original Message ----- 
From: "Joe Sontag" <suncat0 at gmail.com>
To: "NFBMI List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, November 12, 2013 9:37 AM
Subject: [nfbmi-talk] HB 4314


> 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.
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