HB5475, As Passed House, Sep, 21, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5475

A bill to amend 1976 PA 442, entitled

"Freedom of information act,"

(MCL 15.231 to 15.246) by adding sections 59c and 59d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 59c. (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. 59d. (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.

(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.

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.

(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. 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, court rule, or rules adopted by a house of the

legislature.

(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, and in section 9 of 1975 PA 346, 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.

House Bill No. 5475 as amended September 20, 2016

(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 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.

(n) 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.

(o) Records created, prepared, owned, used, in the possession

of, or retained by a public body prior to January 1, 2017.

[

(P)]Records in the sole custody of, or exclusively maintained

by, the majority and minority caucuses of each house of the

legislature.

(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