May 4, 2005, Introduced by Senators BASHAM, JACOBS, PRUSI, SCOTT and SCHAUER and referred to the Committee on Appropriations.
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; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) As used in this act:
(a) "Field name" means the label or identification of an
element of a computer data base 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 Subject to
subsection (2), "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 branch of the state government, but does not include the
governor, or
lieutenant governor, their
employees, or
the
executive
office of the governor or lieutenant governor , or
employees
thereof of those offices.
(ii) An agency, board, commission, or council in the
legislative branch of the state government.
(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 of
any of those entities.
(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 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.
(v) The governing board, or other decision-making body
responsible for implementation and supervision, of a public
employee retirement system created or established by this state or
any political subdivision of this state.
(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 Public records that are
exempt from disclosure
under section 13.
(ii) All public Public records that are not
exempt from
disclosure
under section 13 and which 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
more 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 The term includes letters, words, pictures,
sounds,
or symbols, or combinations thereof, and of them. The
term includes 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.
(2) The judiciary, including the office and employees of the
county clerk when acting in the capacity of clerk to the circuit
court, is not a public body.
Enacting section 1. Section 20l of the public employee
retirement system investment act, 1965 PA 314, MCL 38.1140l, is
repealed.