Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0859

Introduced
5/2/24  

Caption

Civil rights: public records; certain information obtained on DNR land concerning oil, gas, and mineral deposits; exempt from disclosure under freedom of information act. Amends sec. 61508 of 1994 PA 451 (MCL 324.61508) & adds sec. 503d.

Impact

The implications of SB0859 are significant, particularly in how they modify existing practices surrounding the Freedom of Information Act (FOIA). By creating a specific exemption for information related to natural resource exploration, the bill may limit public access to data that could be vital for environmental oversight, industry accountability, and community awareness. Supporters of the bill argue that this measure will encourage private investment and exploration activities by providing a layer of protection for sensitive data that could affect business strategies.

Summary

SB0859 is a legislative proposal aimed at amending the Natural Resources and Environmental Protection Act of Michigan from 1994. This bill introduces a new section, 503d, which establishes the confidentiality of information regarding oil, gas, or mineral deposits obtained by private entities during exploration on land controlled by the Department of Natural Resources (DNR). The bill stipulates that this information will be exempt from public disclosure for a period of two years after it is submitted to the department. In instances where a lease for development is entered during this period, the confidentiality extends until the lease expires.

Contention

Notably, the bill has sparked debate regarding transparency versus economic interests. Proponents emphasize that protecting proprietary information is essential for fostering a thriving energy sector, which can lead to job creation and economic growth. Conversely, critics raise concerns about the potential for reduced governmental accountability and the risks associated with keeping vital environmental data confidential. There is a fear that limiting public access to this information may prevent communities and environmental advocates from adequately engaging in the evaluation of resource management and potential ecological impacts.

Companion Bills

No companion bills found.

Previously Filed As

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 HB5038

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.

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 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 SB0467

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).

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 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 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 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

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