HOUSE BILL NO. 6251

September 23, 2020, Introduced by Reps. Allor, Steven Johnson, Leutheuser, Crawford, Yaroch, O'Malley, Webber, Hall, Griffin and Schroeder and referred to the Committee on Oversight.

A bill to amend 1976 PA 442, entitled

"Freedom of information act,"

by amending section 6 (MCL 15.236), as amended by 1996 PA 553.

the people of the state of michigan enact:

Sec. 6. (1) A public body that is a city, village, township, county, or state department, or under the control of a city, village, township, county, or state department, shall designate an individual as the public body's FOIA coordinator. The Subject to subsections (3) and (4), the FOIA coordinator shall be responsible for accepting and processing accept and process requests for the public body's public records under this act and shall be responsible for approving a approve any denial under section 5(4) and (5). 5(5) and (6). In a county not having an executive form of government, the chairperson of the county board of commissioners is designated the FOIA coordinator for that county.

(2) For all other public bodies, the chief administrative officer of the respective public body is designated the public body's FOIA coordinator.

(3) An A FOIA coordinator may designate another individual to act on his or her behalf in accepting and processing requests for the public body's public records, and in approving a denial under section 5(4) and (5).5(5) and (6).

(4) A public body shall designate an individual to serve as the public body's alternate FOIA coordinator for purposes of accepting and processing any request for the public body's public records, and in approving a denial under section 5(5) and (6), in either of the following circumstances:

(a) The request is for public records that pertain directly to the regular FOIA coordinator's conduct in the performance of any official function or job duty for or on behalf of the public body.

(b) The request is for public records that pertain directly to the conduct of an individual who is an announced opponent of the regular FOIA coordinator in an upcoming election for public office.