2024 House Bill 5422

Civil rights: public records; certain FOIA provisions relating to appeals that may be taken for alleged violations of FOIA; modify.

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 10 and 10a (MCL 15.240 and 15.240a), section 10 as amended and section 10a as added by 2014 PA 563.

Mackinac Center Analysis

HBs 5422-5427 is a comprehensive reform to the state's Freedom of Information Act for greater transparency and accountability in state and local government.

HB 5422 would introduce a commission-based appeal process for denied information requests and fee disputes, mandates timely responses from public bodies, limits court defenses to initial denial reasons, and ensures attorney fee awards for prevailing requestors and attorneys.

HB 5423 amends the FOIA to refine exemption criteria, mandate detailed justifications for exemptions, and enhance transparency and accountability in public record disclosures.

HB 5424 establishes the Open Government Commission to oversee and enforce public records requests, with specific duties, appointment procedures, and operational guidelines.

HB 5425 would impose stricter fines on public bodies for non-compliance, mandates the publication of certain state agency documents, and allows for legal actions to compel compliance, with specific provisions for attorney fees and costs.

HB 5426 would enhance transparency and accessibility of public records by revising FOIA request procedures, fee structures, and response timelines, while also introducing new appeal processes and electronic payment options.

HB 5427 would update and clarify definitions related to public records, cybersecurity, and the scope of public bodies, while also introducing new terms and specifying conditions for its enactment.