Bill Text: MI HB4015 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Civil rights: other; disclosure of certain legislative open records; provide exemption. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 59c & 59d. TIE BAR WITH: HB 4011'19
Spectrum: Slight Partisan Bill (Democrat 45-28)
Status: (Engrossed - Dead) 2019-03-20 - Referred To Committee On Oversight [HB4015 Detail]
Download: Michigan-2019-HB4015-Engrossed.html
HB-4015, As Passed House, March 19, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4015
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
(MCL 15.231 to 15.246) by adding sections 29c and 29d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 29c. (1) This part shall not be construed to limit,
modify, waive, or otherwise affect the privileges and immunities
guaranteed under section 11 of article IV of the state constitution
of 1963.
(2) This part does not create or imply a private cause of
action for a violation of this part.
Sec. 29d. (1) A public body may exempt from disclosure as a
public record under this part any of the following:
(a) Records or information of a personal nature if public
disclosure of the information would constitute a clearly
unwarranted invasion of an individual's privacy. That information
includes, but is not limited to, the following:
(i) An individual's Social Security number, financial
institution record, electronic fund number, deferred compensation,
savings bonds, W-2 and W-4 forms, and any court-enforced judgments.
(ii) An employee's health care benefit selection.
(iii) Unemployment compensation and worker's disability
compensation records.
(iv) Internet-use records unless the records indicate an
unlawful use of public resources.
(b) Medical, counseling, or psychological facts or evaluations
concerning an individual if the individual's identity would be
revealed by a disclosure of those facts or evaluation, including
protected health information, as defined in 45 CFR 160.103.
(c) Communications, including any related records or
information, between a legislator or a legislator's office and a
constituent, other than a person required to be registered as a
lobbyist under 1978 PA 472, MCL 4.411 to 4.431. For purposes of
this subdivision, "constituent" means any of the following:
(i) An individual who is registered to vote in the district
the legislator is elected to represent.
(ii) An individual who is a resident of the district the
legislator is elected to represent and who is not registered to
vote outside of that district.
(iii) An individual other than an individual described in
subparagraph (i) or (ii) if the individual intended that the
communication be with the legislator elected to represent the
district where he or she is registered to vote or, if not
registered to vote, resides.
(d) Communications and notes within a public body or between
public bodies of an advisory nature to the extent that they cover
other than purely factual materials and are preliminary to a final
determination of policy or action. This exemption does not apply if
in the particular instance the public interest in disclosure
clearly outweighs the public interest in encouraging frank
communications. For purposes of this subdivision, "public body"
includes a public body as defined in part 1.
(e) Records or information pertaining to an ongoing internal
or legislative investigation.
(f) Trade secrets or commercial or financial records or
information voluntarily provided in confidence for use in
developing governmental policy.
(g) Records or information subject to the attorney-client
privilege or any other privilege recognized by the constitution,
statute, or court rule.
(h) Records or information relating to a civil action in which
the public body is a party until such litigation or claim has been
finally adjudicated or otherwise settled.
(i) Records or information specifically described and exempted
from disclosure by statute and including the records and
information subject to confidentiality requirements in sections
109, 501, and 601 of the legislative council act, 1986 PA 268, MCL
4.1109, 4.1501, and 4.1601, in section 9 of 2016 PA 198, MCL 4.779,
and in section 9 of 1975 PA 46, MCL 4.359.
(j) A public record or information described in this section,
that is furnished by the public body originally compiling,
preparing, or receiving the record or information to a public
officer or public body in connection with the performance of the
duties of that public officer or public body, if the considerations
originally giving rise to the exempt nature of the public record
remain applicable.
(k) Records of the office of sergeant at arms.
(l) Records of a public body's security measures, including
security plans, capabilities, procedures, measures, passwords,
passes, keys, and codes and combinations.
(m) A bid, quote, or proposal submitted by a person to enter
into a contract or agreement and records created in the preparation
for and evaluation of the bid, quote, or proposal until the time of
final notification of award of the contract or agreement.
(n) Records containing a trade secret as defined under section
2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902, or
financial or proprietary information submitted in connection with a
bid, quote, or proposal to enter into a contract or agreement.
(o) Records that would do any of the following if disclosed:
(i) Interfere with law enforcement proceedings.
(ii) Deprive a person of the right to a fair trial or
impartial administrative adjudication.
(iii) Disclose the identity of a confidential source or
information furnished by a confidential source in the course of a
legislative investigation.
(iv) Endanger the life or physical safety of any individual.
(v) Prejudice a public body's ability to maintain the security
or integrity of its properties or information technology systems.
(p) Records created, prepared, owned, used, in the possession
of, or retained by a public body prior to January 1, 2020.
(q) Records created, prepared, owned, used, in the possession
of, or retained by the majority or minority caucuses of each house
of the legislature.
(r) The cell phone number of a public body.
(2) This part does not authorize the exemption from disclosure
of any salary record of an employee or official of a public body.
(3) This part does not authorize the exemption from disclosure
of a record otherwise required by law to be made available to the
public.
Enacting section 1. This amendatory act takes effect January
1, 2020.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4011 of the 100th Legislature is enacted into
law.
