MI
Michigan House Bill HB4261

Michigan 2023-2024 Regular Session

Michigan House Bill HB4261

Introduced
3/14/23  

Caption

Civil rights: other; governor's office; subject to freedom of information act. Amends secs. 1, 2, 3, 4, 5, 6, 10, 10a, 10b & 13 of 1976 PA 442 (MCL 15.231 et seq.) & designates secs. 1 - 16 as pt. 1. TIE BAR WITH: HB 4263'23, HB 4262'23

Impact

If passed, HB 4261 would significantly impact how public bodies manage and disclose records under the FOIA. Amendments would clarify the definitions of public records, delineate responsibilities and rights surrounding the access to such records, and bolster provisions against frivolous denials of access. Additionally, the bill would necessitate that governmental agencies improve their handling of requests, providing a structured framework that supports public participation in governance.

Summary

House Bill 4261 aims to amend the Freedom of Information Act (FOIA) to enhance transparency and accountability in government by ensuring that public records are accessible to individuals. The proposed changes include provisions related to the handling of cybersecurity incidents, which emphasize the need for public bodies to protect sensitive information while also ensuring a fair balance in disclosing public records. The legislation reiterates the state's policy that all individuals, except those incarcerated, should have access to complete information regarding governmental actions unless legally exempted.

Contention

Discussion surrounding HB 4261 has indicated potential areas of contention, especially regarding provisions that involve cybersecurity planning and managing sensitive records. Opponents have raised concerns about how these provisions may be interpreted, fearing that they could unjustifiably limit access to information vital for public discourse. Critics argue that while protecting sensitive data is necessary, it should not undermine the core objective of FOIA, which is to promote transparency in government activities.

Latest HB4261 Activity

Companion Bills

MI HB4263

Same As Legislature: legislative agencies; deciding appeals of public records requests under the legislative open records act (LORA); add to legislative council administrator's duties. Amends sec. 104a of 1986 PA 268 (MCL 4.1104a). TIE BAR WITH: HB 4261'23, HB 4262'23

MI HB4262

Same As Civil rights: other; legislative open records act (LORA); create as part of the freedom of information act. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding pt. 2. TIE BAR WITH: HB 4261'23, HB 4263'23

Previously Filed As

MI SB0224

Civil rights: public records; legislative open records act (LORA); create as part of the freedom of information act. Amends secs. 1, 2, 3, 4, 5, 6, 10, 10a, 10b & 13 of 1976 PA 442 (MCL 15.231 et seq.); designates secs. 1 - 16 as pt. 1 & adds pt. 2. TIE BAR WITH: SB 0223'23

MI SB0002

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for. Amends secs. 6, 10 & 13 of 1976 PA 442 (MCL 15.236 et seq.) & adds sec. 14a. TIE BAR WITH: SB 0001'25

MI SB0670

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for. Amends secs. 6, 10 & 13 of 1976 PA 442 (MCL 15.236 et seq.) & adds sec. 14a.

MI SB0154

Civil rights: public records; definition of public record subject to the freedom of information act; modify. Amends sec. 2 of 1976 PA 442 (MCL 15.232).

MI HB4220

Civil rights: public records; definition of public record subject to the freedom of information act; modify. Amends sec. 2 of 1976 PA 442 (MCL 15.232).

MI SB0669

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for. Amends secs. 2 & 3 of 1976 PA 442 (MCL 15.232 & 15.233).

MI HB5354

Trade: vehicles; motor vehicle sales finance act; modify. Amends title & secs. 2, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13, 13a, 14, 14a, 15, 16, 16a, 17, 18, 19, 20, 21, 22, 22a, 28, 29, 30, 31 & 34 of 1950 (Ex Sess) PA 27 (MCL 492.102 et seq.); adds secs. 4a, 9a & 37a & repeals secs. 37 & 41 of 1950 (Ex Sess) PA 27 (MCL 492.137 & 492.141). TIE BAR WITH: HB 5355'23, HB 5356'23, HB 5357'23, HB 5358'23, HB 5359'23, HB 5360'23, HB 5361'23, HB 5362'23, HB 5363'23, HB 5364'23, HB 5365'23, HB 5366'23, HB 5367'23

MI HB4262

Civil rights: other; legislative open records act (LORA); create as part of the freedom of information act. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding pt. 2. TIE BAR WITH: HB 4261'23, HB 4263'23

MI SB0001

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for. Amends sec. 2 of 1976 PA 442 (MCL 15.232). TIE BAR WITH: SB 0002'25

MI SB0786

Civil rights: public records; certain art institute service providers and zoological institutions; subject to the freedom of information act. Amends sec. 2 of 1976 PA 442 (MCL 15.232).

Similar Bills

MI SB0224

Civil rights: public records; legislative open records act (LORA); create as part of the freedom of information act. Amends secs. 1, 2, 3, 4, 5, 6, 10, 10a, 10b & 13 of 1976 PA 442 (MCL 15.231 et seq.); designates secs. 1 - 16 as pt. 1 & adds pt. 2. TIE BAR WITH: SB 0223'23

MI HB4262

Civil rights: other; legislative open records act (LORA); create as part of the freedom of information act. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding pt. 2. TIE BAR WITH: HB 4261'23, HB 4263'23

MI HB5426

Civil rights: public records; certain FOIA provisions relating to record retention and production duties of public bodies, to fees they may charge for record searches, inspections, and production, and to their designation of FOIA coordinators; modify. Amends secs. 3, 4, 5 & 6 of 1976 PA 442 (MCL 15.233 et seq.). TIE BAR WITH: HB 5427'24, HB 5422'24, HB 5425'24, HB 5424'24, HB 5423'24

MI HB5423

Civil rights: public records; certain FOIA provisions relating to the exemption of certain public records from disclosure; modify. Amends secs. 13 & 14 of 1976 PA 442 (MCL 15.243 & 15.244). TIE BAR WITH: HB 5427'24, HB 5426'24, HB 5422'24, HB 5425'24, HB 5424'24

MI SB0073

Civil rights: public records; identity of parties proceeding anonymously in civil actions alleging sexual misconduct; exempt from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

MI HB5351

Civil rights: public records; certain records of local offices of inspector generals; exempt from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

MI HB5749

Civil rights: public records; certain law enforcement disciplinary personnel records; require to be subject to freedom of information act requests. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

MI SB0670

Civil rights: public records; applicability of the freedom of information act to the legislature and governor's office; provide for. Amends secs. 6, 10 & 13 of 1976 PA 442 (MCL 15.236 et seq.) & adds sec. 14a.