HB-4001, As Passed House, December 19, 2014HB-4001, As Passed Senate, December 19, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4001

A bill to amend 1976 PA 442, entitled

"Freedom of information act,"

by amending sections 4, 5, 10, and 11 (MCL 15.234, 15.235, 15.240,

and 15.241), sections 4, 5, and 10 as amended by 1996 PA 553, and

by adding sections 10a and 10b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. (1) A public body may charge a fee for a public record

search, for the necessary copying of a public record for

inspection, or for providing a copy of a public record if it has

established, makes publicly available, and follows procedures and

guidelines to implement this section as described in subsection

(4). Subject to subsections (2), (3), ~~and~~ (4), (5), and (9), the

fee shall be limited to actual mailing costs, and to the actual

incremental cost of duplication or publication including labor, the

cost of search, examination, review, and the deletion and

separation of exempt from nonexempt information as provided in

section 14. Except as otherwise provided in this act, if the public

body estimates or charges a fee in accordance with this act, the

total fee shall not exceed the sum of the following components:

(a) That portion of labor costs directly associated with the

necessary searching for, locating, and examining of public records

in conjunction with receiving and fulfilling a granted written

request. The public body shall not charge more than the hourly wage

of its lowest-paid employee capable of searching for, locating, and

examining the public records in the particular instance regardless

of whether that person is available or who actually performs the

labor. Labor costs under this subdivision shall be estimated and

charged in increments of 15 minutes or more, with all partial time

increments rounded down.

(b) That portion of labor costs, including necessary review,

if any, directly associated with the separating and deleting of

exempt information from nonexempt information as provided in

section 14. For services performed by an employee of the public

body, the public body shall not charge more than the hourly wage of

its lowest-paid employee capable of separating and deleting exempt

information from nonexempt information in the particular instance

as provided in section 14, regardless of whether that person is

available or who actually performs the labor. If a public body does

not employ a person capable of separating and deleting exempt

information from nonexempt information in the particular instance

as provided in section 14 as determined by the public body's FOIA

coordinator on a case-by-case basis, it may treat necessary

contracted labor costs used for the separating and deleting of

exempt information from nonexempt information in the same manner as

employee labor costs when calculating charges under this

subdivision if it clearly notes the name of the contracted person

or firm on the detailed itemization described under subsection (4).

Total labor costs calculated under this subdivision for contracted

labor costs shall not exceed an amount equal to 6 times the state

minimum hourly wage rate determined under section 4 of the

workforce opportunity wage act, 2014 PA 138, MCL 408.411 to

408.424. Labor costs under this subdivision shall be estimated and

charged in increments of 15 minutes or more, with all partial time

increments rounded down. A public body shall not charge for labor

directly associated with redaction under section 14 if it knows or

has reason to know that it previously redacted the public record in

question and the redacted version is still in the public body's

possession.

physical media, the actual and most reasonably economical cost of

the computer discs, computer tapes, or other digital or similar

media. The requestor may stipulate that the public records be

provided on nonpaper physical media, electronically mailed, or

otherwise electronically provided to him or her in lieu of paper

copies. This subdivision does not apply if a public body lacks the

technological capability necessary to provide records on the

particular nonpaper physical media stipulated in the particular

instance.

(d) For paper copies of public records provided to the

requestor, the actual total incremental cost of necessary

duplication or publication, not including labor. The cost of paper

copies shall be calculated as a total cost per sheet of paper and

shall be itemized and noted in a manner that expresses both the

cost per sheet and the number of sheets provided. The fee shall not

exceed 10 cents per sheet of paper for copies of public records

made on 8-1/2- by 11-inch paper or 8-1/2- by 14-inch paper. A

public body shall utilize the most economical means available for

making copies of public records, including using double-sided

printing, if cost saving and available.

(e) The cost of labor directly associated with duplication or

publication, including making paper copies, making digital copies,

or transferring digital public records to be given to the requestor

on nonpaper physical media or through the internet or other

electronic means as stipulated by the requestor. The public body

shall not charge more than the hourly wage of its lowest-paid

employee capable of necessary duplication or publication in the

particular instance, regardless of whether that person is available

or who actually performs the labor. Labor costs under this

subdivision may be estimated and charged in time increments of the

public body's choosing; however, all partial time increments shall

be rounded down.

(f) The actual cost of mailing, if any, for sending the public

records in a reasonably economical and justifiable manner. The

public body shall not charge more for expedited shipping or

insurance unless specifically stipulated by the requestor, but may

otherwise charge for the least expensive form of postal delivery

confirmation when mailing public records.

(2) When calculating labor costs under subsection (1)(a), (b),

or (e), fee components shall be itemized in a manner that expresses

both the hourly wage and the number of hours charged. The public

body may also add up to 50% to the applicable labor charge amount

to cover or partially cover the cost of fringe benefits if it

clearly notes the percentage multiplier used to account for

benefits in the detailed itemization described in subsection (4).

Subject to the 50% limitation, the public body shall not charge

more than the actual cost of fringe benefits, and overtime wages

shall not be used in calculating the cost of fringe benefits.

Overtime wages shall not be included in the calculation of labor

costs unless overtime is specifically stipulated by the requestor

and clearly noted on the detailed itemization described in

subsection (4). A search for a public record may be conducted or

copies of public records may be furnished without charge or at a

reduced charge if the public body determines that a waiver or

reduction of the fee is in the public interest because searching

for or furnishing copies of the public record can be considered as

primarily benefiting the general public. A public record search

shall be made and a copy of a public record shall be furnished

without charge for the first $20.00 of the fee for each request to

an by either of the following:

(a) An individual who is entitled to information under this

act and who submits an affidavit stating that the individual is

~~then receiving~~ indigent and receiving specific public assistance

or, if not receiving public assistance, stating facts showing

inability to pay the cost because of indigency. If the requestor is

eligible for a requested discount, the public body shall fully note

the discount on the detailed itemization described under subsection

(4). If a requestor is ineligible for the discount, the public body

shall inform the requestor specifically of the reason for

ineligibility in the public body's written response. An individual

is ineligible for this fee reduction if any of the following apply:

(i) The individual has previously received discounted copies of

public records under this subsection from the same public body

twice during that calendar year.

(ii) The individual requests the information in conjunction

with outside parties who are offering or providing payment or other

remuneration to the individual to make the request. A public body

may require a statement by the requestor in the affidavit that the

request is not being made in conjunction with outside parties in

exchange for payment or other remuneration.

(b) A nonprofit organization formally designated by the state

to carry out activities under subtitle C of the developmental

disabilities assistance and bill of rights act of 2000, Public Law

106-402, and the protection and advocacy for individuals with

mental illness act, Public Law 99-319, or their successors, if the

request meets all of the following requirements:

(i) Is made directly on behalf of the organization or its

clients.

(ii) Is made for a reason wholly consistent with the mission

and provisions of those laws under section 931 of the mental health

code, 1974 PA 258, MCL 330.1931.

(iii) Is accompanied by documentation of its designation by the

state, if requested by the public body.

~~(2) A public body may require at the time a request is made a~~

~~good faith deposit from the person requesting the public record or~~

~~series of public records, if the fee authorized under this section~~

~~exceeds $50.00. The deposit shall not exceed 1/2 of the total fee.~~

(3) ~~In calculating the cost of labor incurred in duplication~~

~~and mailing and the cost of examination, review, separation, and~~

~~deletion under subsection (1), a public body may not charge more~~

~~than the hourly wage of the lowest paid public body employee~~

~~capable of retrieving the information necessary to comply with a~~

~~request under this act. Fees shall be uniform and not dependent~~

~~upon the identity of the requesting person. A public body shall~~

~~utilize the most economical means available for making copies of~~

~~public records.~~ A fee as described in subsection (1) shall not be

charged for the cost of search, examination, review, and the

deletion and separation of exempt from nonexempt information as

provided in section 14 unless failure to charge a fee would result

in unreasonably high costs to the public body because of the nature

of the request in the particular instance, and the public body

specifically identifies the nature of these unreasonably high

costs. ~~A public body shall establish and publish procedures and~~

~~guidelines to implement this subsection.~~

(4) A public body shall establish procedures and guidelines to

implement this act and shall create a written public summary of the

specific procedures and guidelines relevant to the general public

regarding how to submit written requests to the public body and

explaining how to understand a public body's written responses,

deposit requirements, fee calculations, and avenues for challenge

and appeal. The written public summary shall be written in a manner

so as to be easily understood by the general public. If the public

body directly or indirectly administers or maintains an official

internet presence, it shall post and maintain the procedures and

guidelines and its written public summary on its website. A public

body shall make the procedures and guidelines publicly available by

providing free copies of the procedures and guidelines and its

written public summary both in the public body's response to a

written request and upon request by visitors at the public body's

office. A public body that posts and maintains procedures and

guidelines and its written public summary on its website may

include the website link to the documents in lieu of providing

paper copies in its response to a written request. A public body's

procedures and guidelines shall include the use of a standard form

for detailed itemization of any fee amount in its responses to

written requests under this act. The detailed itemization shall

clearly list and explain the allowable charges for each of the 6

fee components listed under subsection (1) that compose the total

fee used for estimating or charging purposes. Other public bodies

may use a form created by the department of technology, management,

and budget or create a form of their own that complies with this

subsection. A public body that has not established procedures and

guidelines, has not created a written public summary, or has not

made those items publicly available without charge as required in

this subsection is not relieved of its duty to comply with any

requirement of this act and shall not require deposits or charge

fees otherwise permitted under this act until it is in compliance

with this subsection. Notwithstanding this subsection and despite

any law to the contrary, a public body's procedures and guidelines

under this act are not exempt public records under section 13.

(5) If the public body directly or indirectly administers or

maintains an official internet presence, any public records

available to the general public on that internet site at the time

the request is made are exempt from any charges under subsection

(1)(b). If the FOIA coordinator knows or has reason to know that

all or a portion of the requested information is available on its

website, the public body shall notify the requestor in its written

response that all or a portion of the requested information is

available on its website. The written response, to the degree

practicable in the specific instance, shall include a specific

webpage address where the requested information is available. On

the detailed itemization described in subsection (4), the public

body shall separate the requested public records that are available

on its website from those that are not available on the website and

shall inform the requestor of the additional charge to receive

copies of the public records that are available on its website. If

the public body has included the website address for a record in

its written response to the requestor and the requestor thereafter

stipulates that the public record be provided to him or her in a

paper format or other form as described under subsection (1)(c),

the public body shall provide the public records in the specified

format but may use a fringe benefit multiplier greater than the 50%

limitation in subsection (2), not to exceed the actual costs of

providing the information in the specified format.

(6) A public body may provide requested information available

in public records without receipt of a written request.

(7) If a verbal request for information is for information

that a public body believes is available on the public body's

website, the public employee shall, where practicable and to the

best of the public employee's knowledge, inform the requestor about

the public body's pertinent website address.

(8) In either the public body's initial response or subsequent

response as described under section 5(2)(d), the public body may

require a good-faith deposit from the person requesting information

before providing the public records to the requestor if the entire

fee estimate or charge authorized under this section exceeds

$50.00, based on a good-faith calculation of the total fee

described in subsection (4). Subject to subsection (10), the

deposit shall not exceed 1/2 of the total estimated fee, and a

public body's request for a deposit shall include a detailed

itemization as required under subsection (4). The response shall

also contain a best efforts estimate by the public body regarding

the time frame it will take the public body to comply with the law

in providing the public records to the requestor. The time frame

estimate is nonbinding upon the public body, but the public body

shall provide the estimate in good faith and strive to be

reasonably accurate and to provide the public records in a manner

based on this state's public policy under section 1 and the nature

of the request in the particular instance. If a public body does

not respond in a timely manner as described under section 5(2), it

is not relieved from its requirements to provide proper fee

calculations and time frame estimates in any tardy responses.

Providing an estimated time frame does not relieve a public body

from any of the other requirements of this act.

(9) If a public body does not respond to a written request in

a timely manner as required under section 5(2), the public body

shall do the following:

(a) Reduce the charges for labor costs otherwise permitted

under this section by 5% for each day the public body exceeds the

time permitted under section 5(2) for a response to the request,

with a maximum 50% reduction, if either of the following applies:

(i) The late response was willful and intentional.

(ii) The written request included language that conveyed a

request for information within the first 250 words of the body of a

letter, facsimile, electronic mail, or electronic mail attachment,

or specifically included the words, characters, or abbreviations

for "freedom of information", "information", "FOIA", "copy", or a

recognizable misspelling of such, or appropriate legal code

reference for this act, on the front of an envelope, or in the

subject line of an electronic mail, letter, or facsimile cover

page.

(b) If a charge reduction is required under subdivision (a),

fully note the charge reduction on the detailed itemization

described under subsection (4).

(10) ~~(4)~~ This section does not apply to public records

prepared under an act or statute specifically authorizing the sale

of those public records to the public, or if the amount of the fee

for providing a copy of the public record is otherwise specifically

provided by an act or statute.

(11) Subject to subsection (12), after a public body has

granted and fulfilled a written request from an individual under

this act, if the public body has not been paid in full the total

amount under subsection (1) for the copies of public records that

the public body made available to the individual as a result of

that written request, the public body may require a deposit of up

to 100% of the estimated fee before it begins a full public record

search for any subsequent written request from that individual if

all of the following apply:

(a) The final fee for the prior written request was not more

than 105% of the estimated fee.

(b) The public records made available contained the

information being sought in the prior written request and are still

in the public body's possession.

subject to payment, within the time frame estimate described under

subsection (7).

(d) Ninety days have passed since the public body notified the

individual in writing that the public records were available for

pickup or mailing.

(e) The individual is unable to show proof of prior payment to

the public body.

(f) The public body calculates a detailed itemization, as

required under subsection (4), that is the basis for the current

written request's increased estimated fee deposit.

(12) A public body shall no longer require an increased

estimated fee deposit from an individual as described under

subsection (11) if any of the following apply:

(a) The individual is able to show proof of prior payment in

full to the public body.

(b) The public body is subsequently paid in full for the

applicable prior written request.

individual made the written request for which full payment was not

remitted to the public body.

(13) A deposit required by a public body under this act is a

fee.

Sec. 5. (1) Except as provided in section 3, a person desiring

to inspect or receive a copy of a public record shall make a

written request for the public record to the FOIA coordinator of a

public body. A written request made by facsimile, electronic mail,

or other electronic transmission is not received by a public body's

FOIA coordinator until 1 business day after the electronic

transmission is made. However, if a written request is sent by

electronic mail and delivered to the public body's spam or junk-

mail folder, the request is not received until 1 day after the

public body first becomes aware of the written request. The public

body shall note in its records both the time a written request is

delivered to its spam or junk-mail folder and the time the public

body first becomes aware of that request.

(2) Unless otherwise agreed to in writing by the person making

the request, a public body shall respond to a request for a public

record within 5 business days after the public body receives the

request by doing 1 of the following:

(a) Granting the request.

(b) Issuing a written notice to the requesting person denying

the request.

to the requesting person denying the request in part.

(d) Issuing a notice extending for not more than 10 business

days the period during which the public body shall respond to the

request. A public body shall not issue more than 1 notice of

extension for a particular request.

(3) Failure to respond to a request pursuant to subsection (2)

constitutes a public body's final determination to deny the request

. if either of the following applies:

(a) The failure was willful and intentional.

(b) The written request included language that conveyed a

request for information within the first 250 words of the body of a

letter, facsimile, electronic mail, or electronic mail attachment,

or specifically included the words, characters, or abbreviations

for "freedom of information", "information", "FOIA", "copy", or a

recognizable misspelling of such, or appropriate legal code

reference to this act, on the front of an envelope or in the

subject line of an electronic mail, letter, or facsimile cover

page.

(4) In a ~~circuit court~~ civil action to compel a public body's

disclosure of a public record under section 10, the ~~circuit~~ court

shall assess damages against the public body pursuant to section

~~10(8)~~ 10(7) if the ~~circuit~~ court has done both of the following:

(a) Determined that the public body has not complied with

subsection (2).

(b) Ordered the public body to disclose or provide copies of

all or a portion of the public record.

(5) ~~(4)~~ A written notice denying a request for a public record

in whole or in part is a public body's final determination to deny

the request or portion of that request. The written notice shall

contain:

(a) An explanation of the basis under this act or other

statute for the determination that the public record, or portion of

that public record, is exempt from disclosure, if that is the

reason for denying all or a portion of the request.

(b) A certificate that the public record does not exist under

the name given by the requester or by another name reasonably known

to the public body, if that is the reason for denying the request

or a portion of the request.

public record that is separated or deleted pursuant to section 14,

if a separation or deletion is made.

(d) A full explanation of the requesting person's right to do

either of the following:

(i) Submit to the head of the public body a written appeal that

specifically states the word "appeal" and identifies the reason or

reasons for reversal of the disclosure denial.

(ii) Seek judicial review of the denial under section 10.

(e) Notice of the right to receive attorneys' fees and damages

as provided in section 10 if, after judicial review, the ~~circuit~~

court determines that the public body has not complied with this

section and orders disclosure of all or a portion of a public

record.

(6) ~~(5)~~ The individual designated in section 6 as responsible

for the denial of the request shall sign the written notice of

denial.

(7) ~~(6)~~ If a public body issues a notice extending the period

for a response to the request, the notice shall specify the reasons

for the extension and the date by which the public body will do 1

of the following:

(a) Grant the request.

(b) Issue a written notice to the requesting person denying

the request.

the requesting person denying the request in part.

(8) ~~(7)~~ If a public body makes a final determination to deny

in whole or in part a request to inspect or receive a copy of a

public record or portion of that public record, the requesting

person may do either of the following:

(a) Appeal the denial to the head of the public body pursuant

to section 10.

(b) Commence ~~an action in circuit court,~~ a civil action,

pursuant to section 10.

Sec. 10. (1) If a public body makes a final determination to

deny all or a portion of a request, the requesting person may do 1

of the following at his or her option:

(a) Submit to the head of the public body a written appeal

that specifically states the word "appeal" and identifies the

reason or reasons for reversal of the denial.

(b) Commence an a civil action in the circuit court, or if the

decision of a state public body is at issue, the court of claims,

to compel the public body's disclosure of the public records within

180 days after a public body's final determination to deny a

request.

(2) Within 10 business days after receiving a written appeal

pursuant to subsection (1)(a), the head of a public body shall do 1

of the following:

(a) Reverse the disclosure denial.

(b) Issue a written notice to the requesting person upholding

the disclosure denial.

notice to the requesting person upholding the disclosure denial in

part.

(d) Under unusual circumstances, issue a notice extending for

not more than 10 business days the period during which the head of

the public body shall respond to the written appeal. The head of a

public body shall not issue more than 1 notice of extension for a

particular written appeal.

(3) A board or commission that is the head of a public body is

not considered to have received a written appeal under subsection

(2) until the first regularly scheduled meeting of that board or

commission following submission of the written appeal under

subsection (1)(a). If the head of the public body fails to respond

to a written appeal pursuant to subsection (2), or if the head of

the public body upholds all or a portion of the disclosure denial

that is the subject of the written appeal, the requesting person

may seek judicial review of the nondisclosure by commencing an

~~action in circuit court~~ a civil action under subsection (1)(b).

(4) In an action commenced under subsection (1)(b), a court

that determines a public record is not exempt from disclosure shall

order the public body to cease withholding or to produce all or a

portion of a public record wrongfully withheld, regardless of the

location of the public record. ~~The~~ Venue for an action against a

local public body is proper in the circuit court for the county in

which the ~~complainant resides or has his or her principal place of~~

~~business, or the circuit court for the county in which the~~ public

record or an office of the public body is located has venue over

the action. The court shall determine the matter de novo and the

burden is on the public body to sustain its denial. The court, on

its own motion, may view the public record in controversy in

private before reaching a decision. Failure to comply with an order

of the court may be punished as contempt of court.

(5) An action commenced under this section and an appeal from

an action commenced under this section shall be assigned for

hearing and trial or for argument at the earliest practicable date

and expedited in every way.

(6) If a person asserting the right to inspect, copy, or

receive a copy of all or a portion of a public record prevails in

an action commenced under this section, the court shall award

reasonable attorneys' fees, costs, and disbursements. If the person

or public body prevails in part, the court may, in its discretion,

award all or an appropriate portion of reasonable attorneys' fees,

costs, and disbursements. The award shall be assessed against the

public body liable for damages under subsection (7).

(7) If the ~~circuit~~ court determines in an action commenced

under this section that the public body has arbitrarily and

capriciously violated this act by refusal or delay in disclosing or

providing copies of a public record, the court shall order the

public body to pay a civil fine of $1,000.00, which shall be

deposited into the general fund of the state treasury. The court

shall award, in addition to any actual or compensatory damages,

punitive damages in the amount of ~~$500.00~~ $1,000.00 to the person

seeking the right to inspect or receive a copy of a public record.

The damages shall not be assessed against an individual, but shall

be assessed against the next succeeding public body that is not an

individual and that kept or maintained the public record as part of

its public function.

Sec. 10a. (1) If a public body requires a fee that exceeds the

amount permitted under its publicly available procedures and

guidelines or section 4, the requesting person may do any of the

following:

(a) If the public body provides for fee appeals to the head of

the public body in its publicly available procedures and

guidelines, submit to the head of the public body a written appeal

for a fee reduction that specifically states the word "appeal" and

identifies how the required fee exceeds the amount permitted under

the public body's available procedures and guidelines or section 4.

(b) Commence a civil action in the circuit court, or if the

decision of a state public body is at issue, in the court of

claims, for a fee reduction. The action must be filed within 45

days after receiving the notice of the required fee or a

determination of an appeal to the head of a public body. If a civil

action is commenced against the public body under this subdivision,

the public body is not obligated to complete the processing of the

written request for the public record at issue until the court

resolves the fee dispute. An action shall not be filed under this

subdivision unless 1 of the following applies:

(i) The public body does not provide for appeals under

subdivision (a).

(ii) The head of the public body failed to respond to a written

appeal as required under subsection (2).

(iii) The head of the public body issued a determination to a

written appeal as required under subsection (2).

(2) Within 10 business days after receiving a written appeal

under subsection (1)(a), the head of a public body shall do 1 of

the following:

(a) Waive the fee.

(b) Reduce the fee and issue a written determination to the

requesting person indicating the specific basis under section 4

that supports the remaining fee. The determination shall include a

certification from the head of the public body that the statements

in the determination are accurate and that the reduced fee amount

complies with its publicly available procedures and guidelines and

section 4.

requesting person indicating the specific basis under section 4

that supports the required fee. The determination shall include a

certification from the head of the public body that the statements

in the determination are accurate and that the fee amount complies

with the public body's publicly available procedures and guidelines

and section 4.

(d) Issue a notice extending for not more than 10 business

days the period during which the head of the public body must

respond to the written appeal. The notice of extension shall

include a detailed reason or reasons why the extension is

necessary. The head of a public body shall not issue more than 1

notice of extension for a particular written appeal.

(3) A board or commission that is the head of a public body is

not considered to have received a written appeal under subsection

(2) until the first regularly scheduled meeting of that board or

commission following submission of the written appeal under

subsection (1)(a).

(4) In an action commenced under subsection (1)(b), a court

that determines the public body required a fee that exceeds the

amount permitted under its publicly available procedures and

guidelines or section 4 shall reduce the fee to a permissible

amount. Venue for an action against a local public body is proper

in the circuit court for the county in which the public record or

an office of the public body is located. The court shall determine

the matter de novo, and the burden is on the public body to

establish that the required fee complies with its publicly

available procedures and guidelines and section 4. Failure to

comply with an order of the court may be punished as contempt of

court.

(5) An action commenced under this section and an appeal from

an action commenced under this section shall be assigned for

hearing and trial or for argument at the earliest practicable date

and expedited in every way.

(6) If the requesting person prevails in an action commenced

under this section by receiving a reduction of 50% or more of the

total fee, the court may, in its discretion, award all or an

appropriate portion of reasonable attorneys' fees, costs, and

disbursements. The award shall be assessed against the public body

liable for damages under subsection (7).

(7) If the court determines in an action commenced under this

section that the public body has arbitrarily and capriciously

violated this act by charging an excessive fee, the court shall

order the public body to pay a civil fine of $500.00, which shall

be deposited in the general fund of the state treasury. The court

may also award, in addition to any actual or compensatory damages,

punitive damages in the amount of $500.00 to the person seeking the

fee reduction. The fine and any damages shall not be assessed

against an individual, but shall be assessed against the next

succeeding public body that is not an individual and that kept or

maintained the public record as part of its public function.

(8) As used in this section, "fee" means the total fee or any

component of the total fee calculated under section 4, including

any deposit.

Sec. 10b. If the court determines, in an action commenced

under this act, that a public body willfully and intentionally

failed to comply with this act or otherwise acted in bad faith, the

court shall order the public body to pay, in addition to any other

award or sanction, a civil fine of not less than $2,500.00 or more

than $7,500.00 for each occurrence. In determining the amount of

the civil fine, the court shall consider the budget of the public

body and whether the public body has previously been assessed

penalties for violations of this act. The civil fine shall be

deposited in the general fund of the state treasury.

Sec. 11. (1) A state agency shall publish and make available

to the public all of the following:

(a) Final orders or decisions in contested cases and the

records on which they were made.

(b) Promulgated rules.

laws, rules, or policy, including but not limited to guidelines,

manuals, and forms with instructions, adopted or used by the agency

in the discharge of its functions.

(2) Publications may be in pamphlet, loose-leaf, or other

appropriate form in printed, mimeographed, or other written matter.

(3) Except to the extent that a person has actual and timely

notice of the terms thereof, a person ~~shall not in any manner be~~ is

not required to resort to, or and shall not be adversely affected

by, a matter required to be published and made available, if the

matter is not so published and made available.

(4) This section does not apply to public records ~~which~~ that

are exempt from disclosure under section 13.

(5) A person may commence an action in the ~~circuit~~ court of

claims to compel a state agency to comply with this section. If the

court determines that the state agency has failed to comply, the

court shall order the state agency to comply and shall award

reasonable attorneys' fees, costs, and disbursements to the person

commencing the action. The ~~circuit court for the county in which~~

~~the state agency is located shall have~~ court of claims has

exclusive jurisdiction to issue the order.

(6) As used in this section, "state agency", "contested case",

and ~~"rules" shall have the same meanings as ascribed to~~ "rule" mean

"agency", "contested case", and "rule" as those terms are defined

in ~~Act No. 306 of the Public Acts of 1969, as amended, being~~

~~sections 24.201 to 24.315 of the Michigan Compiled Laws.~~the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

Enacting section 1. This amendatory act takes effect July 1,

2015.