March 5, 2015, Introduced by Senator BIEDA and referred to the Committee on Government Operations.
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending section 2 (MCL 15.232), as amended by 1996 PA 553.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Field name" means the label or identification of an
element
of a computer data base database
that contains a specific
item of information, and includes but is not limited to a subject
heading such as a column header, data dictionary, or record layout.
(b) "FOIA coordinator" means either of the following:
(i) An individual who is a public body.
(ii) An individual designated by a public body in accordance
with section 6 to accept and process requests for public records
under this act.
(c) "Person" means an individual, corporation, limited
liability company, partnership, firm, organization, association,
governmental entity, or other legal entity. Person does not include
an individual serving a sentence of imprisonment in a state or
county correctional facility in this state or any other state, or
in a federal correctional facility.
(d) "Public body" means any of the following:
(i) A state officer, employee, agency, department, division,
bureau, board, commission, council, authority, or other body in the
executive or legislative branch of the state government, but does
not include the governor or lieutenant governor, the executive
office of the governor or lieutenant governor, or employees
thereof.
(ii) An agency, board, commission, or council in the
legislative
branch of the state government.
(ii) (iii) A
county, city, township, village, intercounty,
intercity, or regional governing body, council, school district,
special district, or municipal corporation, or a board, department,
commission, council, or agency thereof.
(iii) (iv) Any
other body which that is created by state or local
authority
or which that is primarily funded by or through state or
local
authority, .
(v) The except
that the judiciary, including the
office of the
county clerk and employees thereof when acting in the capacity of
clerk to the circuit court, is not included in the definition of
public body.
(e) "Public record" means a writing prepared, owned, used, in
the possession of, or retained by a public body in the performance
of an official function, from the time it is created. Public record
does not include computer software. This act separates public
records into the following 2 classes:
(i) Those that are exempt from disclosure under section 13.
(ii) All public records that are not exempt from disclosure
under
section 13 and which that are subject to disclosure under
this act.
(f) "Software" means a set of statements or instructions that
when incorporated in a machine usable medium is capable of causing
a machine or device having information processing capabilities to
indicate, perform, or achieve a particular function, task, or
result. Software does not include computer-stored information or
data, or a field name if disclosure of that field name does not
violate a software license.
(g) "Unusual circumstances" means any 1 or a combination of
the following, but only to the extent necessary for the proper
processing of a request:
(i) The need to search for, collect, or appropriately examine
or review a voluminous amount of separate and distinct public
records pursuant to a single request.
(ii) The need to collect the requested public records from
numerous
field offices, facilities, or other establishments which
that are located apart from the particular office receiving or
processing the request.
(h) "Writing" means handwriting, typewriting, printing,
photostating, photographing, photocopying, and every other means of
recording, and includes letters, words, pictures, sounds, or
symbols, or combinations thereof, and papers, maps, magnetic or
paper tapes, photographic films or prints, microfilm, microfiche,
magnetic or punched cards, discs, drums, or other means of
recording or retaining meaningful content.
(i) "Written request" means a writing that asks for
information, and includes a writing transmitted by facsimile,
electronic mail, or other electronic means.