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.
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 sec. 3 of 1976 PA 442 (MCL 15.233).
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).
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).
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).
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).
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).
Civil rights: public records; limited access to public records; provide for incarcerated individuals. Amends secs. 1, 2, 3 & 5 of 1976 PA 442 (MCL 15.231 et seq.).
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
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).
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