FOIA AMENDMENTS H.B. 5726 (S-2): FLOOR ANALYSIS
House Bill 5726 (Substitute S-2 as reported) Sponsor: Representative Robert Brackenridge House Committee: Local Government
Senate Committee: Local, Urban and State Affairs
The bill would amend the Freedom of Information Act to do the following:
-- Exclude computer software from the Act. (“Software” would not include computer-stored information or data, or a field name if disclosure of that field name would not violate a software license.)
-- Require public bodies to protect public records from loss, unauthorized alteration, mutilation, or destruction.
-- Provide that fees charged under the Act would have to be uniform and not dependent upon the identity of the requesting person.
-- Create an exemption from disclosure for records of a public body’s security measures, to the extent that the records related to the ongoing security of the public body.
-- Provide that an action to compel disclosure would have to be commenced within 180 days after a public body’s final determination to deny a request.
-- Revise the current exemption for information of a personal nature.
Currently, the Act exempts information of a personal nature if public disclosure would constitute a clearly unwarranted invasion of an individual’s privacy. The bill, instead, would exempt personnel records, medical records, and similar records or information, whose disclosure would constitute a clearly unwarranted invasion of personal privacy, except as provided in Section 1230b of the Revised School Code (which concerns school employment applications).
The bill is tie-barred to House Bill 5832, which would create the “Enhanced Access to Public Records Act”.
MCL 15.232 et al. Legislative Analyst: S. Margules
Changes in the bill regarding the method of calculating costs incurred in providing information would result in cost savings to the State and local units of government.
Date Completed: 12-10-96 Fiscal Analyst: B. Bowerman
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.