HB-4011, As Passed House, March 19, 2019




























     A bill to amend 1976 PA 442, entitled


"Freedom of information act,"


(MCL 15.231 to 15.246) by adding part 2.






     Sec. 21. (1) This part shall be known and may be cited as the


"legislative open records act".


     (2) It is the public policy of this state that all persons,


except those persons incarcerated in state or local correctional


facilities, are entitled to full and complete information regarding


the affairs of government and the official acts of those who


represent them as public officials and public employees, consistent


with this part. The people shall be informed so that they may fully


participate in the democratic process.

     Sec. 22. As used in this part:


     (a) "Council administrator" means the administrator of the


legislative council appointed under section 104a of the legislative


council act, 1986 PA 268, MCL 4.1104a.


     (b) "Legislator" means a member of the senate or the house of


representatives of this state.


     (c) "LORA" means the legislative open records act.


     (d) "LORA coordinator" means either of the following:


     (i) An individual who is a public body.


     (ii) An individual designated by a public body to accept and


process requests for public records under this part.


     (e) "Person" means an individual, corporation, limited


liability company, partnership, firm, organization, association,


governmental entity, or other legal entity. Person does not include


an individual serving a sentence of imprisonment in a state or


county correctional facility in this state or any other state or in


a federal correctional facility.


     (f) "Public body" means a state officer, legislator, employee,


agency, department, division, bureau, board, commission, committee,


council, authority, or other body in the legislative branch of the


state government. Public body does not include the office of the


auditor general.


     (g) "Public record" means a writing prepared, owned, used, in


the possession of, or retained by a public body in the performance


of an official function that has been in the possession of the


public body for 15 days or more. Public record does not include


computer software. This part separates public records into the

following 2 classes:


     (i) Those that are exempt from disclosure under section 29d.


     (ii) Those that are not exempt from disclosure under section


29d and are subject to disclosure under this part.


     (h) "Session day" means a day in which either the house of


representatives or the senate convenes in session and a quorum of


the body is recorded.


     (i) "Software" means a set of statements or instructions that,


when incorporated in a machine-usable medium, is capable of causing


a machine or device having information-processing capabilities to


indicate, perform, or achieve a particular function, task, or


result. Software does not include computer-stored information or


data or a field name if disclosure of that field name would not


violate a software license.


     (j) "Unusual circumstances" means any 1 or a combination of


the following, but only to the extent necessary for the proper


processing of a request:


     (i) The need to search for, collect, or appropriately examine


or review a voluminous amount of separate and distinct public


records pursuant to a single request.


     (ii) The need to collect the requested public records from


numerous offices, facilities, or other establishments that are


located apart from the particular office receiving or processing


the request.


     (k) "Writing" means handwriting, typewriting, printing,


photostating, photographing, photocopying, and every other means of


recording, and includes letters, words, pictures, sounds, or

symbols, or combinations thereof, and papers, maps, magnetic or


paper tapes, photographic films or prints, microfilm, microfiche,


magnetic or punched cards, discs, drums, hard drives, solid state


storage components, or other means of recording or retaining


meaningful content.


     (l) "Written request" means a writing that asks for


information and includes a writing transmitted by facsimile,


electronic mail, or other electronic means.


     Sec. 23. (1) Except as expressly provided in section 29d, upon


providing a public body's LORA coordinator with a written request


that describes a public record sufficiently to enable the public


body to find the public record, a person has a right to inspect,


copy, or receive copies of the requested public record of the


public body. A request from a person, other than an individual who


qualifies as indigent under section 24(2)(a), must include the


requesting person's complete name, address, and contact


information, and, if the request is made by a person other than an


individual, the complete name, address, and contact information of


the person's agent who is an individual. An address must be written


in compliance with United States Postal Service addressing


standards. Contact information must include a valid telephone


number or electronic mail address. An employee of a public body who


receives a request for a public record shall forward that request


to the LORA coordinator within 3 business days.


     (2) A LORA coordinator shall keep a copy of all written


requests for public records on file for not less than 1 year.


     (3) A public body shall furnish a requesting person a

reasonable opportunity for inspection and examination of its public


records and shall furnish reasonable facilities for making


memoranda or abstracts from its public records during the usual


business hours. A public body may make reasonable rules necessary


to protect its public records and to prevent excessive and


unreasonable interference with the discharge of its functions. A


public body shall protect public records from loss, unauthorized


alteration, mutilation, or destruction.


     (4) This part does not require a public body to make a


compilation, summary, or report of information.


     (5) This part does not require a public body to create a new


public record, except to the extent required by this part for the


furnishing of copies, or edited copies of an existing public record


under this part.


     (6) The custodian of a public record shall, upon written


request, furnish a requesting person a certified copy of a public




     (7) A public body shall not destroy or alter a record before


the record has been in its possession for 730 days if the record


would become a public record after it has been in the possession of


the public body for 15 days.


     Enacting section 1. This amendatory act takes effect January


1, 2020.


     Enacting section 2. This amendatory act does not take effect


unless all of the following bills of the 100th Legislature are


enacted into law:


     (a) House Bill No. 4007.

     (b) House Bill No. 4008.


     (c) House Bill No. 4009.


     (d) House Bill No. 4010.


     (e) House Bill No. 4012.


     (f) House Bill No. 4013.


     (g) House Bill No. 4014.


     (h) House Bill No. 4015.


     (i) House Bill No. 4016.