FOIA DISCLOSURE EXEMPTION - H.B. 5349 (S-1): FLOOR ANALYSIS
House Bill 5349 (Substitute S-1 as reported)
Sponsor: Representative Marc Shulman
House Committee: House Oversight and Operations
Senate Committee: Judiciary
CONTENT
The bill would amend the Freedom of Information Act to allow a public body to exempt from disclosure as a public record any records or information of measures designed to protect the security or safety of people or property, whether public or private.
The records or information would include, but not be limited to, building and public works designs to the extent that they related to the ongoing security measures of a public body; capabilities and plans for responding to a violation of the "Michigan Anti-Terrorism Act" (proposed by Senate Bill 930); emergency response plans; risk planning documents; threat assessments; and domestic preparedness strategies.
The exemption would not apply, however, if disclosure would not impair a public body's ability to protect the security or safety of people or property or if the public interest in disclosure outweighed the public interest in nondisclosure in the particular instance.
In addition, one of the current exemptions from disclosure applies to the personal address or telephone number of law enforcement officers or agents or their special skills. The bill would refer to "active or retired" officers or agents.
The bill would take effect on May 1, 2002.
MCL 15.243 - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 2-25-02 - Fiscal Analyst: Bill BowermanFloor\hb5349 - Bill Analysis @ http://www.senate.state.mi.us/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.