HOUSE BILL No. 5248


     February 1, 2000, Introduced by Reps. Thomas, Schauer, Hale, Bogardus, Schermesser, DeHart, Scott, Jacobs, Brater, Minore,
Dennis and Daniels and referred to the Committee on Health Policy.


        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:

 1
           Sec. 2.  As used in this act:

 2
           (a) "Field name" means the label or identification of an

 3
      element of a computer data base that contains a specific item of

 4
      information, and includes but is not limited to a subject heading

 5
      such as a column header, data dictionary, or record layout.

 6
           (b) "FOIA coordinator" means either of the following:

 7
           (i) An individual who is a public body.

 8
           (ii) An individual designated by a public body in accordance

 9
      with section 6 to accept and process requests for public records

10
      under this act.




   04066'99                                                 DAM
                                              2

 1
           (c) "Person" means an individual, corporation, limited

 2
      liability company, partnership, firm, organization, association,

 3
      governmental entity, or other legal entity.  Person does not

 4
      include an individual serving a sentence of imprisonment in a

 5
      state or county correctional facility in this state or any other

 6
      state, or in a federal correctional facility.

 7
           (d) "Public body" means any of the following:

 8
           (i) A state officer, employee, agency, department, division,

 9
      bureau, board, commission, council, authority, or other body in

10
      the executive branch of the state government, but does not

11
      include the governor or lieutenant governor, the executive office

12
      of the governor or lieutenant governor, or employees thereof.

13
           (ii) An agency, board, commission, or council in the legis-

14
      lative branch of the state government.

15
           (iii) A county, city, township, village, intercounty, inter-

16
      city, or regional governing body, council, school district, spe-

17
      cial district, or municipal corporation, or a board, department,

18
      commission, council, or agency thereof.

19
           (iv) Any other body which is created by state or local

20
      authority or which is primarily funded by or through state or

21
      local authority.

22
           (v) The judiciary, including the office of the county clerk

23
      and employees thereof when acting in the capacity of clerk to the

24
      circuit court, is not included in the definition of public body.

25
           (vi) A GOVERNING BOARD OR OTHER GOVERNING BODY OF A HOSPI-

26
      TAL, AS DEFINED IN SECTION 20106 OF THE PUBLIC HEALTH CODE, 1978

27
      PA 368, MCL 333.20106, THAT IS EXEMPT FROM FEDERAL INCOME TAX



   04066'99
                                   3

 1
      UNDER SECTION 501 OF THE INTERNAL REVENUE CODE OF 1986, 26

 2
      U.S.C. 501.

 3
           (e) "Public record" means a writing prepared, owned, used,

 4
      in the possession of, or retained by a public body in the per-

 5
      formance of an official function, from the time it is created.

 6
      Public record does not include computer software.  This act sepa-

 7
      rates public records into the following 2 classes:

 8
           (i) Those that are exempt from disclosure under section 13.

 9
           (ii) All public records that are not exempt from disclosure

10
      under section 13 and  which  THAT are subject to disclosure under

11
      this act.

12
           (f) "Software" means a set of statements or instructions

13
      that when incorporated in a machine usable medium is capable of

14
      causing a machine or device having information processing capa-

15
      bilities to indicate, perform, or achieve a particular function,

16
      task, or result.  Software does not include computer-stored

17
      information or data, or a field name if disclosure of that field

18
      name does not violate a software license.

19
           (g) "Unusual circumstances" means any 1 or a combination of

20
      the following, but only to the extent necessary for the proper

21
      processing of a request:

22
           (i) The need to search for, collect, or appropriately

23
      examine or review a voluminous amount of separate and distinct

24
      public records pursuant to a single request.

25
           (ii) The need to collect the requested public records from

26
      numerous field offices, facilities, or other establishments which





   04066'99
                                   4

 1
      are located apart from the particular office receiving or

 2
      processing the request.

 3
           (h) "Writing" means handwriting, typewriting, printing, pho-

 4
      tostating, photographing, photocopying, and every other means of

 5
      recording, and includes letters, words, pictures, sounds, or sym-

 6
      bols, or combinations thereof, and papers, maps, magnetic or

 7
      paper tapes, photographic films or prints, microfilm, microfiche,

 8
      magnetic or punched cards, discs, drums, or other means of

 9
      recording or retaining meaningful content.

10
           (i) "Written request" means a writing that asks for informa-

11
      tion, and includes a writing transmitted by facsimile, electronic

12
      mail, or other electronic means.
































   04066'99          Final page.                            DAM