March 16, 2016, Introduced by Reps. Sheppard, McBroom, Moss, Chatfield, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Rutledge, Irwin, Chang, Barrett, Somerville, LaVoy, Howrylak, Darany, Brinks, Hughes, Bizon, Glenn, Cox, Lyons, Sarah Roberts, Hovey-Wright, Wittenberg, Townsend, Price, Tedder, Hooker, Howell, Phelps and Lucido and referred to the Committee on Oversight and Ethics.
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.
(c) Communications, including any related records or
information, between a legislator or a legislator's office and a
constituent of that legislator other than a person required to be
registered as a lobbyist under 1978 PA 472, MCL 4.411 to 4.431.
(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.
(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.
(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 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 of the office of the auditor general.
(q) 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 withholding of any salary
record of an employee or official of a public body.
(3) This part does not authorize the withholding of a record
otherwise required by law to be made available to the public.
Enacting section 1. This amendatory act takes effect January
1, 2017.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5469 (request no.
05429'16) of the 98th Legislature is enacted into law.