July 16, 2009, Introduced by Reps. Geiss, Bledsoe, Young, Durhal, LeBlanc, Tlaib and Meadows and referred to the Committee on Intergovernmental and Regional Affairs.
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 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 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.
(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, and includes any pension
board, pension advisory board, or other board of a public employee
retirement system created and established by this state or any
political subdivision of this state.
(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.
(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
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.