Michigan House Bill HB5427

Michigan 2023-2024 Regular Session

• Introduced: 2/7/24
• Refer: 2/7/24

Caption

Civil rights: public records; revisions to certain defined terms in FOIA, including the term "public body" to include the governor, the lieutenant governor, the offices of governor and lieutenant governor, and state legislators; provide for. Amends sec. 2 of 1976 PA 442 (MCL 15.232). TIE BAR WITH: HB 5426'24, HB 5422'24, HB 5425'24, HB 5424'24, HB 5423'24

Impact

The proposed changes to the Freedom of Information Act are designed to foster greater government accountability. By expanding the definition of public bodies, the bill aligns with the ongoing efforts to promote openness in government operations and accessibility of state-held information. This amendment could empower citizens to request and receive information from previously opaque offices, thereby enhancing public oversight of state governance.

Summary

House Bill 5427 seeks to amend the Michigan Freedom of Information Act (FOIA) by revising certain definitions in order to enhance the clarity and applicability of the law. In particular, the bill proposes to include additional entities under the definition of 'public body,' which now includes the governor, the lieutenant governor, and their respective offices. These amendments aim to improve transparency and ensure that public records held by these offices are subject to public disclosure.

Contention

While the intent behind HB 5427 is to enhance transparency, the bill may also spur debate over privacy and security issues, especially in relation to public officials’ communications. Critics may voice concerns regarding the balance between public access to information and the potential risks related to the disclosure of sensitive governmental communications. Additionally, the implications of the cybersecurity definitions introduced in the bill, such as the establishment of cybersecurity assessments and incidents, may provoke discussions on how public records intersect with cybersecurity protocols.