[nfbmi-talk] HB 4314

Tue Nov 12 15:12:51 UTC 2013

Me too. The more the merrier.
----- Original Message ----- 
From: "Marcus Simmons" <president at map-n.org>
To: "Joe Sontag" <suncat0 at gmail.com>; "NFB of Michigan Internet Mailing 
List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, November 12, 2013 10:02 AM
Subject: Re: [nfbmi-talk] HB 4314


>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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