Civil rights: public records; evasion of disclosure of public records under the freedom of information act by use of code words or phrases that conceal the subject of those records; prohibit. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding sec. 10c.
Impact
If enacted, HB 5038 would have significant implications for how public bodies manage and document records. The law would require all public records to be created and maintained without the use of language or symbols that could impede understanding in English. This change aims to diminish the potential for misinterpretation of records and foster a culture of openness in governmental communication. Furthermore, the imposition of penalties—such as fines and potential imprisonment for intentional violations—highlights the seriousness with which the state intends to enforce compliance.
Summary
House Bill 5038 seeks to amend the Freedom of Information Act in Michigan by prohibiting public bodies from preparing or retaining public records that utilize code words or phrases intended to obscure the subject matter. The proposed legislation aims to enhance transparency within government operations by ensuring records are presented in a manner that is easily understood by English speakers and can be easily discovered through automated searches. This move is reflective of a push toward greater accountability in public record keeping, ensuring that citizens can access information regarding government activities and decisions.
Contention
Notably, some points of contention have arisen regarding the practicality and implications of this legislation. Critics may argue that while promoting transparency is essential, there could be legitimate reasons for using specific terminologies or classifications that are common in bureaucratic language. Moreover, some stakeholders might express concerns about the interpretation of what constitutes intentional concealment and the possible overreach of governmental authority in restricting how public records are created and managed.