Recent Changes to the Public Information Act in Michigan
Learn about the recent legislative updates in Michigan related to the Public Information Act, including changes to obtaining records, disclosure exceptions, and new procedures for government bodies impacted by catastrophes. Stay informed about SB 944, SB 943, and SB 494 impacting governmental information management.
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Presentation Transcript
Everything New: Recent Changes to the Public Information Act Michelle Case Assistant Attorney General Open Records Division
SB 944 (Slide 1 of 2) PIA Omnibus bill Contains Six Components Component 1: Temporary custodian process for obtaining records from current and former officers and employees who independently maintain information. Component 2: Clarifies possession and maintenance requirements for information maintained on privately owned devices. Component 3: New exception to disclosure of certain health care information obtained by a governmental body in connection with a quality management, peer review, or best practices program.
SB 944 (Slide 2 of 2) Component 4: Clarifies the permissible methods a requestor may use to submit a public information request and specifies that a governmental body may designate an email address and a mailing address for receiving requests. Component 5: Requires the OAG to create a public information request form for use by governmental bodies and requestors. Use is optional, but if used by a governmental body, then the form must be posted on the governmental body s website. Component 6: Excludes protected health information from the PIA.
SB 943 (Slide 1 of 2) Adds several types of entities to the definition of governmental body. SB 943 updates the PIA exceptions pertaining to contracting information. Revises section 552.104 and confirms that 552.104 may only be raised by a governmental body. Defines contracting information and specifies the circumstances in which it may or may not be withheld. Revises the trade secret definition and creates a new proprietary information exception.
SB 943 (Slide 2 of 2) SB 943 creates new contracting requirements and procedures related to obtaining contracting information from contractors who maintain it. These include updated PIA deadlines and enforcement provisions, including contract termination. Requestors can file mandamus to enforce contracting requirements. Effective January 1, 2020.
SB 494 SB 494 creates a new PIA procedure for governmental bodies impacted by a catastrophe. With proper notice, a governmental body can suspend the requirement to comply with PIA requests for up to two consecutive 7-day periods. Requests are tolled until the suspension period ends. Specific notice posting requirements are specified. Notice form is also provided to OAG and posted on OAG website.
HB 81 Limits applicability of section 552.104 where the information at issue relates to the receipt or expenditure of public or other funds by a governmental body for a parade, concert, or other entertainment event paid for in whole or part with public funds. Forbids contract provisions that prohibit disclosure of these types of information and provides that contrary contract provisions are void. Effective: May 17, 2019
Other Issues of Note No changes to dates of birth. Limited body camera review permitted under HB 4236 if viewing furthers law enforcement purpose. Multiple updates to sections 552.117 and 552.1175. HB 2910 HB 2446 SB 1494 SB 662 HB 1351
Court Cases San Jacinto River Authority v. Paxton, No. 03-18-00547-CV, 2019 WL3952829, at *1 (Tex. App. Austin Aug. 22, 2019, pet. filed (mem. op., not designated for publication) Leander ISD v. Office of the Attorney General for the State of Texas, No. 03-18-00243-CV, 2018 WL 6581523, at *1 (Tex. App. Austin Dec. 14, 2018, no pet.) (mem. op., not designated for publication)
Questions OAG Open Government Hotline (877) OPEN-TEX OAG Website https://www.texasattorneygeneral.gov/open/index.shtml
