HOUSE BILL No. 5481 December 6, 2001, Introduced by Reps. Van Woerkom, Faunce, Hager, Jelinek, Meyer, Kooiman, Dennis, Hart, Mans and Birkholz and referred to the Committee on Education. A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2001 PA 74. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 13. (1) A public body may exempt from disclosure as a 2 public record under this act ANY OF THE FOLLOWING: 3 (a) Information of a personal naturewhere theIF public 4 disclosure of the information would constitute a clearly unwar- 5 ranted invasion of an individual's privacy. 6 (b) Investigating records compiled for law enforcement pur- 7 poses, but only to the extent that disclosure as a public record 8 would do any of the following: 9 (i) Interfere with law enforcement proceedings. 10 (ii) Deprive a person of the right to a fair trial or 11 impartial administrative adjudication. 04955'01 LTB 2 1 (iii) Constitute an unwarranted invasion of personal 2 privacy. 3 (iv) Disclose the identity of a confidential source, or if 4 the record is compiled by a law enforcement agency in the course 5 of a criminal investigation, disclose confidential information 6 furnished only by a confidential source. 7 (v) Disclose law enforcement investigative techniques or 8 procedures. 9 (vi) Endanger the life or physical safety of law enforcement 10 personnel. 11 (c) A public record that if disclosed would prejudice a 12 public body's ability to maintain the physical security of custo- 13 dial or penal institutions occupied by persons arrested or con- 14 victed of a crime or admitted because of a mental disability, 15 unless the public interest in disclosure under this act outweighs 16 the public interest in nondisclosure. 17 (d) Records or information specifically described and 18 exempted from disclosure by statute. 19 (e) A public record or information described in this section 20 that is furnished by the public body originally compiling, pre- 21 paring, or receiving the record or information to a public offi- 22 cer or public body in connection with the performance of the 23 duties of that public officer or public body, if the considera- 24 tions originally giving rise to the exempt nature of the public 25 record remain applicable. 04955'01 3 1 (f) Trade secrets or commercial or financial information 2 voluntarily provided to an agency for use in developing 3 governmental policy if: 4 (i) The information is submitted upon a promise of confiden- 5 tiality by the public body. 6 (ii) The promise of confidentiality is authorized by the 7 chief administrative officer of the public body or by an elected 8 official at the time the promise is made. 9 (iii) A description of the information is recorded by the 10 public body within a reasonable time after it has been submitted, 11 maintained in a central place within the public body, and made 12 available to a person upon request. This subdivision does not 13 apply to information submitted as required by law or as a condi- 14 tion of receiving a governmental contract, license, or other 15 benefit. 16 (g) Information or records subject to the attorney-client 17 privilege. 18 (h) Information or records subject to the physician-patient 19 privilege, the psychologist-patient privilege, the minister, 20 priest, or Christian Science practitioner privilege, or other 21 privilege recognized by statute or court rule. 22 (i) A bid or proposal by a person to enter into a contract 23 or agreement, until the time for the public opening of bids or 24 proposals, or if a public opening is not to be conducted, until 25 the deadline for submission of bids or proposals has expired. 26 (j) Appraisals of real property to be acquired by the public 27 body until (i) an agreement is entered into; or (ii) 3 years have 04955'01 4 1 elapsed since the making of the appraisal, unless litigation 2 relative to the acquisition has not yet terminated. 3 (k) Test questions and answers, scoring keys, and other 4 examination instruments or data used to administer a license, 5 public employment, or academic examination, unless the public 6 interest in disclosure under this act outweighs the public inter- 7 est in nondisclosure. 8 (l) Medical, counseling, or psychological facts or evalu- 9 ations concerning an individual if the individual's identity 10 would be revealed by a disclosure of those facts or evaluation. 11 (m) Communications and notes within a public body or between 12 public bodies of an advisory nature to the extent that they cover 13 other than purely factual materials and are preliminary to a 14 final agency determination of policy or action. This exemption 15 does not apply unless the public body shows that in the particu- 16 lar instance the public interest in encouraging frank 17communicationsCOMMUNICATION between officials and employees of 18 public bodies clearly outweighs the public interest in 19 disclosure. This exemption does not constitute an exemption 20 under state law for purposes of section 8(h) of the open meetings 21 act, 1976 PA 267, MCL 15.268. As used in this subdivision, 22 "determination of policy or action" includes a determination 23 relating to collective bargaining, unless the public record is 24 otherwise required to be made available under 1947 PA 336, 25 MCL 423.201 to 423.217. 26 (n) Records of law enforcement communication codes, or plans 27 for deployment of law enforcement personnel, that if disclosed 04955'01 5 1 would prejudice a public body's ability to protect the public 2 safety unless the public interest in disclosure under this act 3 outweighs the public interest in nondisclosure in the particular 4 instance. 5 (o) Information that would reveal the exact location of 6 archaeological sites. The department of history, arts, and 7 libraries may promulgate rules in accordance with the administra- 8 tive procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, 9 to provide for the disclosure of the location of archaeological 10 sites for purposes relating to the preservation or scientific 11 examination of sites. 12 (p) Testing data developed by a public body in determining 13 whether bidders' products meet the specifications for purchase of 14 those products by the public body, if disclosure of the data 15 would reveal that only 1 bidder has met the specifications. This 16 subdivision does not apply after 1 year has elapsed from the time 17 the public body completes the testing. 18 (q) Academic transcripts of an institution of higher educa- 19 tion established under section 5, 6, or 7 of article VIII of the 20 state constitution of 1963, if the transcript pertains to a stu- 21 dent who is delinquent in the payment of financial obligations to 22 the institution. 23 (r) Records ofanyA campaign committee includinganyA 24 committee that receives money from a state campaign fund. 25 (s) Unless the public interest in disclosure outweighs the 26 public interest in nondisclosure in the particular instance, 04955'01 6 1 public records of a law enforcement agency, the release of which 2 would do any of the following: 3 (i) Identify or provide a means of identifying aninformer4 INFORMANT. 5 (ii) Identify or provide a means of identifying a law 6 enforcement undercover officer or agent or a plain clothes offi- 7 cer as a law enforcement officer or agent. 8 (iii) Disclose the personal address or telephone number of 9 law enforcement officers or agents oranyA specialskills10 SKILL that they may have. 11 (iv) Disclose the name, address, or telephone numbers of 12 family members, relatives, children, or parents of law enforce- 13 ment officers or agents. 14 (v) Disclose operational instructions for law enforcement 15 officers or agents. 16 (vi) Reveal the contents of staff manuals provided for law 17 enforcement officers or agents. 18 (vii) Endanger the life or safety of law enforcement offi- 19 cers or agents or their families, relatives, children, parents, 20 or those who furnish information to law enforcement departments 21 or agencies. 22 (viii) Identify or provide a means of identifying a person 23 as a law enforcement officer, agent, orinformerINFORMANT. 24 (ix) Disclose personnel records of law enforcement 25 agencies. 04955'01 7 1 (x) Identify or provide a means of identifying residences 2 that law enforcement agencies are requested to check in the 3 absence of their owners or tenants. 4 (t) Except as otherwise provided in this subdivision, 5 records and information pertaining to an investigation or a com- 6 pliance conference conducted by the department of consumer and 7 industry services under article 15 of the public health code, 8 1978 PA 368, MCL 333.16101 to 333.18838, before a complaint is 9 issued. This subdivision does not apply to recordsandOR 10 information pertaining to 1 or more of the following: 11 (i) The fact that an allegation has been received and an 12 investigation is being conducted, and the date the allegation was 13 received. 14 (ii) The fact that an allegation was received by the depart- 15 ment of consumer and industry services; the fact that the depart- 16 ment of consumer and industry services did not issue a complaint 17 for the allegation; and the fact that the allegation was 18 dismissed. 19 (u) Records of a public body's security measures, including 20 security plans, security codes and combinations, passwords, 21 passes, keys, and security procedures, to the extent that the 22 records relate to the ongoing security of the public body. 23 (v) Records or information relating to a civil action in 24 which the requesting party and the public body are parties. 25 (w) Information or records that would disclose the social 26 security number of any individual. 04955'01 8 1 (x) Except as otherwise provided in this subdivision, an 2 application for the position of president of an institution of 3 higher education established under section 4, 5, or 6 of article 4 VIII of the state constitution of 1963, materials submitted with 5 such an application, letters of recommendation or references con- 6 cerning an applicant, and records or information relating to the 7 process of searching for and selecting an individual for a posi- 8 tion described in this subdivision, if the records or information 9 could be used to identify a candidate for the position. However, 10 after 1 or more individuals have been identified as finalists for 11 a position described in this subdivision, this subdivision does 12 not apply to a public record described in this subdivision, 13 except a letter of recommendation or reference, to the extent 14 that the public record relates to an individual identified as a 15 finalist for the position. 16 (Y) INFORMATION IDENTIFYING PUBLIC SCHOOL EMPLOYEES, IF 17 REQUESTED BY A FOR-PROFIT BUSINESS FOR THE PURPOSE OF SOLICITING 18 BUSINESS FROM THESE EMPLOYEES. 19 (2) A public body shall exempt from disclosure information 20 that, if released, would prevent the public body from complying 21 with section 444 of subpart 4 of part C of the general education 22 provisions act, title IV of Public Law 90-247, 20 U.S.C. 1232g, 23 commonly referred to as the family educational rights and privacy 24 act of 1974. 25 (3) This act does not authorize the withholding of informa- 26 tion otherwise required by law to be made available to the public 04955'01 9 1 or to a party in a contested case under the administrative 2 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 3 (4) Except as otherwise exempt under subsection (1), this 4 act does not authorize the withholding of a public record in the 5 possession of the executive office of the governor or lieutenant 6 governor, or an employee of either executive office, if the 7 public record is transferred to the executive office of the gov- 8 ernor or lieutenant governor, or an employee of either executive 9 office, after a request for the public record has been received 10 by a state officer, employee, agency, department, division, 11 bureau, board, commission, council, authority, or other body in 12 the executive branch of government that is subject to this act. 04955'01 Final page. 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