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.