Michigan House Bill HB5351

Michigan 2023-2024 Regular Session

• Introduced: 11/14/23
• Refer: 11/14/23
• Refer: 1/10/24

Caption

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).

Impact

Should HB 5351 become law, it will affect several aspects of public record disclosure within Michigan state law. In particular, it aims to enhance privacy protections for individuals involved in investigations, especially in cases of sexual misconduct, by allowing anonymity for complainants. Furthermore, it emphasizes the importance of maintaining confidentiality for law enforcement agencies regarding investigative techniques and sources, which supporters argue are crucial for effective policing and community safety.

Summary

House Bill 5351 is a legislative proposal aimed at amending Michigan's Freedom of Information Act, specifically section 13. The bill seeks to expand the scope of exemptions available for public bodies concerning the disclosure of certain records. Among the records proposed for exemption are those that contain personal information, investigative records compiled for law enforcement purposes, and information that could compromise the safety and security of custodial facilities. The intent behind these amendments is to bolster privacy protections and reduce the risk of interference in ongoing investigations.

Contention

The bill has generated discourse around the balance between public right-to-know and the protection of personal privacy and safety. Critics may argue that such amendments could lead to a lack of transparency in government operations and diminish oversight over law enforcement actions. There are concerns that the exemptions may be too broadly applied, potentially hindering public accountability and the press's ability to report on matters of public interest. As discussions continue, legislators will need to navigate these competing interests carefully.