HOUSE BILL NO. 4015

January 09, 2019, Introduced by Reps. Filler, Hauck, Berman, Glenn, Lasinski, Schroeder, Allor and Guerra and referred to the Committee on Government Operations.

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, 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. 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 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.

(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 Senate Bill No.____ or House Bill No. 4011 (request no. 00015'19 *) of the 100th Legislature is enacted into law.