Bill Text: MI HB6582 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Civil rights; public records; freedom of information requests; require certain identifying information from requestor. Amends secs. 3, 4 & 13 of 1976 PA 442 (MCL 15.233 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 523'18 With Immediate Effect [HB6582 Detail]
Download: Michigan-2017-HB6582-Engrossed.html
HB-6582, As Passed House, December 12, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 6582
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending sections 3, 4, and 13 (MCL 15.233, 15.234, and 15.243),
section 3 as amended by 1996 PA 553, section 4 as amended by 2014
PA 563, and section 13 as amended by 2018 PA 68.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as expressly provided in section 13, upon
providing a public body's FOIA coordinator with a written request
that describes a public record sufficiently to enable the public
body to find the public record, a person has a right to inspect,
copy, or receive copies of the requested public record of the
public body. A request from a person, other than an individual who
qualifies as indigent under section 4(2)(a), must include the
requesting person's complete name, address, and contact
information, and, if the request is made by a person other than an
individual, the complete name, address, and contact information of
the person's agent who is an individual. An address must be written
in compliance with United States Postal Service addressing
standards. Contact information must include a valid telephone
number or electronic mail address, or both. A person has a right to
subscribe to future issuances of public records that are created,
issued,
or disseminated on a regular basis. A subscription shall be
is valid for up to 6 months, at the request of the subscriber, and
shall
be is renewable. An employee of a public body who receives
a
request for a public record shall promptly forward that request to
the freedom of information act coordinator.
(2) A freedom of information act coordinator shall keep a copy
of all written requests for public records on file for no less than
1 year.
(3) A public body shall furnish a requesting person a
reasonable opportunity for inspection and examination of its public
records, and shall furnish reasonable facilities for making
memoranda or abstracts from its public records during the usual
business hours. A public body may make reasonable rules necessary
to protect its public records and to prevent excessive and
unreasonable interference with the discharge of its functions. A
public body shall protect public records from loss, unauthorized
alteration, mutilation, or destruction.
(4) This act does not require a public body to make a
compilation, summary, or report of information, except as required
in section 11.
(5) This act does not require a public body to create a new
public record, except as required in section 11, and to the extent
required by this act for the furnishing of copies, or edited copies
pursuant to section 14(1), of an already existing public record.
(6) The custodian of a public record shall, upon written
request, furnish a requesting person a certified copy of a public
record.
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), (4), (5), and (9), the fee
shall
must 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 must 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 must 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.
improved workforce
opportunity wage act, 2018 PA 337, MCL
408.934. 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.
(c) For public records provided to the requestor on nonpaper
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
must 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 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
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.
(3) 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.
(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 must 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
must 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 must
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 must not exceed 1/2 of the total estimated fee, and a
public
body's request for a deposit shall must include a detailed
itemization
as required under subsection (4). The response shall
must 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) 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.
(c) The public records were made available to the individual,
subject to payment, within the time frame estimate described under
subsection
(7).(8).
(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.
(c) Three hundred sixty-five days have passed since the
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.
(14) If a deposit that is required under subsection (8) or
(11) is not received by the public body within 45 days from receipt
by the requesting person of the notice that a deposit is required,
and if the requesting person has not filed an appeal of the deposit
amount pursuant to section 10a, the request shall be considered
abandoned by the requesting person and the public body is no longer
required to fulfill the request. Notice of a deposit requirement
under subsection (8) or (11) is considered received 3 days after it
is sent, regardless of the means of transmission. Notice of a
deposit requirement under subsection (8) or (11) must include
notice of the date by which the deposit must be received, which
date is 48 days after the date the notice is sent.
Sec. 13. (1) A public body may exempt from disclosure as a
public record under this act any of the following:
(a) Information of a personal nature if public disclosure of
the information would constitute a clearly unwarranted invasion of
an individual's privacy.
(b) Investigating records compiled for law enforcement
purposes, but only to the extent that disclosure as a public record
would do any of the following:
(i) Interfere with law enforcement proceedings.
(ii) Deprive a person of the right to a fair trial or
impartial administrative adjudication.
(iii) Constitute an unwarranted invasion of personal privacy.
(iv) Disclose the identity of a confidential source, or if the
record is compiled by a law enforcement agency in the course of a
criminal investigation, disclose confidential information furnished
only by a confidential source.
(v) Disclose law enforcement investigative techniques or
procedures.
(vi) Endanger the life or physical safety of law enforcement
personnel.
(c) A public record that if disclosed would prejudice a public
body's ability to maintain the physical security of custodial or
penal institutions occupied by persons arrested or convicted of a
crime or admitted because of a mental disability, unless the public
interest in disclosure under this act outweighs the public interest
in nondisclosure.
(d) Records or information specifically described and exempted
from disclosure by statute.
(e) 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.
(f) Trade secrets or commercial or financial information
voluntarily provided to an agency for use in developing
governmental policy if:
(i) The information is submitted upon a promise of
confidentiality by the public body.
(ii) The promise of confidentiality is authorized by the chief
administrative officer of the public body or by an elected official
at the time the promise is made.
(iii) A description of the information is recorded by the
public body within a reasonable time after it has been submitted,
maintained in a central place within the public body, and made
available to a person upon request. This subdivision does not apply
to information submitted as required by law or as a condition of
receiving a governmental contract, license, or other benefit.
(g) Information or records subject to the attorney-client
privilege.
(h) Information or records subject to the physician-patient
privilege, the psychologist-patient privilege, the minister,
priest, or Christian Science practitioner privilege, or other
privilege recognized by statute or court rule.
(i) A bid or proposal by a person to enter into a contract or
agreement, until the time for the public opening of bids or
proposals, or if a public opening is not to be conducted, until the
deadline for submission of bids or proposals has expired.
(j) Appraisals of real property to be acquired by the public
body until either of the following occurs:
(i) An agreement is entered into.
(ii) Three years have elapsed since the making of the
appraisal, unless litigation relative to the acquisition has not
yet terminated.
(k) Test questions and answers, scoring keys, and other
examination instruments or data used to administer a license,
public employment, or academic examination, unless the public
interest in disclosure under this act outweighs the public interest
in nondisclosure.
(l) 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.
(m) 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
agency determination of policy or action. This exemption does not
apply unless the public body shows that in the particular instance
the public interest in encouraging frank communication between
officials and employees of public bodies clearly outweighs the
public interest in disclosure. This exemption does not constitute
an exemption under state law for purposes of section 8(h) of the
open meetings act, 1976 PA 267, MCL 15.268. As used in this
subdivision, "determination of policy or action" includes a
determination relating to collective bargaining, unless the public
record is otherwise required to be made available under 1947 PA
336, MCL 423.201 to 423.217.
(n) Records of law enforcement communication codes, or plans
for deployment of law enforcement personnel, that if disclosed
would prejudice a public body's ability to protect the public
safety unless the public interest in disclosure under this act
outweighs the public interest in nondisclosure in the particular
instance.
(o) Information that would reveal the exact location of
archaeological sites. The department of natural resources may
promulgate rules in accordance with the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for the
disclosure of the location of archaeological sites for purposes
relating to the preservation or scientific examination of sites.
(p) Testing data developed by a public body in determining
whether bidders' products meet the specifications for purchase of
those products by the public body, if disclosure of the data would
reveal that only 1 bidder has met the specifications. This
subdivision does not apply after 1 year has elapsed from the time
the public body completes the testing.
(q) Academic transcripts of an institution of higher education
established under section 5, 6, or 7 of article VIII of the state
constitution of 1963, if the transcript pertains to a student who
is delinquent in the payment of financial obligations to the
institution.
(r) Records of a campaign committee including a committee that
receives money from a state campaign fund.
(s) Unless the public interest in disclosure outweighs the
public interest in nondisclosure in the particular instance, public
records of a law enforcement agency, the release of which would do
any of the following:
(i) Identify or provide a means of identifying an informant.
(ii) Identify or provide a means of identifying a law
enforcement undercover officer or agent or a plain clothes officer
as a law enforcement officer or agent.
(iii) Disclose the personal address or telephone number of
active or retired law enforcement officers or agents or a special
skill that they may have.
(iv) Disclose the name, address, or telephone numbers of
family members, relatives, children, or parents of active or
retired law enforcement officers or agents.
(v) Disclose operational instructions for law enforcement
officers or agents.
(vi) Reveal the contents of staff manuals provided for law
enforcement officers or agents.
(vii) Endanger the life or safety of law enforcement officers
or agents or their families, relatives, children, parents, or those
who furnish information to law enforcement departments or agencies.
(viii) Identify or provide a means of identifying a person as
a law enforcement officer, agent, or informant.
(ix) Disclose personnel records of law enforcement agencies.
(x) Identify or provide a means of identifying residences that
law enforcement agencies are requested to check in the absence of
their owners or tenants.
(t) Except as otherwise provided in this subdivision, records
and information pertaining to an investigation or a compliance
conference conducted by the department under article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838, before
a complaint is issued. This subdivision does not apply to records
or information pertaining to 1 or more of the following:
(i) The fact that an allegation has been received and an
investigation is being conducted, and the date the allegation was
received.
(ii) The fact that an allegation was received by the
department; the fact that the department did not issue a complaint
for the allegation; and the fact that the allegation was dismissed.
(u) Records of a public body's security measures, including
security plans, security codes and combinations, passwords, passes,
keys, and security procedures, to the extent that the records
relate to the ongoing security of the public body.
(v) Records or information relating to a civil action in which
the requesting party and the public body are parties.
(w)
Information or records that would disclose the social
security
Social Security number of an individual.
(x) Except as otherwise provided in this subdivision, an
application for the position of president of an institution of
higher education established under section 4, 5, or 6 of article
VIII of the state constitution of 1963, materials submitted with
such an application, letters of recommendation or references
concerning an applicant, and records or information relating to the
process of searching for and selecting an individual for a position
described in this subdivision, if the records or information could
be used to identify a candidate for the position. However, after 1
or more individuals have been identified as finalists for a
position described in this subdivision, this subdivision does not
apply to a public record described in this subdivision, except a
letter of recommendation or reference, to the extent that the
public record relates to an individual identified as a finalist for
the position.
(y) Records or information of measures designed to protect the
security or safety of persons or property, or the confidentiality,
integrity, or availability of information systems, whether public
or private, including, but not limited to, building, public works,
and public water supply designs to the extent that those designs
relate to the ongoing security measures of a public body,
capabilities and plans for responding to a violation of the
Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan
penal code, 1931 PA 328, MCL 750.543a to 750.543z, emergency
response plans, risk planning documents, threat assessments,
domestic preparedness strategies, and cybersecurity plans,
assessments, or vulnerabilities, unless disclosure would not impair
a public body's ability to protect the security or safety of
persons or property or unless the public interest in disclosure
outweighs the public interest in nondisclosure in the particular
instance.
(z) Information that would identify or provide a means of
identifying a person that may, as a result of disclosure of the
information, become a victim of a cybersecurity incident or that
would disclose a person's cybersecurity plans or cybersecurity-
related practices, procedures, methods, results, organizational
information system infrastructure, hardware, or software.
(aa) Research data on road and attendant infrastructure
collected, measured, recorded, processed, or disseminated by a
public agency or private entity, or information about software or
hardware created or used by the private entity for such purposes.
(2) A public body shall exempt from disclosure information
that, if released, would prevent the public body from complying
with 20 USC 1232g, commonly referred to as the family educational
rights and privacy act of 1974. A public body that is a local or
intermediate school district or a public school academy shall
exempt from disclosure directory information, as defined by 20 USC
1232g, commonly referred to as the family educational rights and
privacy act of 1974, requested for the purpose of surveys,
marketing, or solicitation, unless that public body determines that
the use is consistent with the educational mission of the public
body and beneficial to the affected students. A public body that is
a local or intermediate school district or a public school academy
may take steps to ensure that directory information disclosed under
this
subsection shall is not be used, rented, or sold for the
purpose of surveys, marketing, or solicitation. Before disclosing
the directory information, a public body that is a local or
intermediate school district or a public school academy may require
the requester to execute an affidavit stating that directory
information
provided under this subsection shall will not be used,
rented, or sold for the purpose of surveys, marketing, or
solicitation.
(3) This act does not authorize the withholding of information
otherwise required by law to be made available to the public or to
a party in a contested case under the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(4) Except as otherwise exempt under subsection (1), this act
does not authorize the withholding of a public record in the
possession of the executive office of the governor or lieutenant
governor, or an employee of either executive office, if the public
record is transferred to the executive office of the governor or
lieutenant governor, or an employee of either executive office,
after a request for the public record has been received by a state
officer, employee, agency, department, division, bureau, board,
commission, council, authority, or other body in the executive
branch of government that is subject to this act.
