October 8, 2003, Introduced by Senator BASHAM and referred to the Committee on Local, Urban and State 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;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) 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.
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 Subject
to subsection (2), "public body" means
8 any of the following:
9 (i) A state officer, employee, agency, department, division,
10 bureau, board, commission, council, authority, or other body in
11 the executive branch of the state government, but does not
12 include the governor,
or lieutenant governor, their employees,
13 or the executive office of the governor or lieutenant governor
14 , or employees thereof of those offices.
15 (ii) An agency, board, commission, or council in the
16 legislative branch of the state government.
17 (iii) A county, city, township, village, intercounty,
18 intercity, or regional governing body, council, school district,
19 special district, or municipal corporation, or a board,
20 department, commission,
council, or agency thereof of any of
21 those entities.
22 (iv) Any other body which that is created
by state or local
23 authority or which that
is primarily funded by or through state
24 or local authority.
25 (v) The judiciary, including the office of the county
clerk
26 and employees thereof
when acting in the capacity of clerk to the
27 circuit court, is not
included in the definition of public body.
1 (v) The governing board, or other decision-making body
2 responsible for implementation and supervision, of a public
3 employee retirement system created or established by this state
4 or any political subdivision of this state.
5 (e) "Public record" means a writing prepared, owned, used, in
6 the possession of, or retained by a public body in the
7 performance of an official function, from the time it is
8 created. Public record does not include computer software. This
9 act separates public records into the following 2 classes:
10 (i) Those Public records that are exempt
from disclosure
11 under section 13.
12 (ii) All public Public records that are
not exempt from
13 disclosure under section
13 and which are subject to disclosure
14 under this act.
15 (f) "Software" means a set of statements or instructions that
16 when incorporated in a machine usable medium is capable of
17 causing a machine or device having information processing
18 capabilities to indicate, perform, or achieve a particular
19 function, task, or result. Software does not include
20 computer-stored information or data, or a field name if
21 disclosure of that field name does not violate a software
22 license.
23 (g) "Unusual
circumstances" means any 1 or a combination
24 more of the following, but only to the extent necessary for the
25 proper processing of a request:
26 (i) The need to search for, collect, or appropriately examine
27 or review a voluminous amount of separate and distinct public
1 records pursuant to a single request.
2 (ii) The need to collect the requested public records from
3 numerous field offices, facilities, or other establishments
4 which that are located apart from the particular
office
5 receiving or processing the request.
6 (h) "Writing" means handwriting, typewriting, printing,
7 photostating, photographing, photocopying, and every other means
8 of recording. ,
and The term includes letters, words, pictures,
9 sounds, or symbols, or
combinations thereof, and of them. The
10 term includes papers, maps, magnetic or paper tapes, photographic
11 films or prints, microfilm, microfiche, magnetic or punched
12 cards, discs, drums, or other means of recording or retaining
13 meaningful content.
14 (i) "Written request" means a writing that asks for
15 information, and includes a writing transmitted by facsimile,
16 electronic mail, or other electronic means.
17 (2) The judiciary, including the office and employees of the
18 county clerk when acting in the capacity of clerk to the circuit
19 court, is not a public body.
20 Enacting section 1. Section 20l of the public employee
21 retirement system investment act, 1965 PA 314, MCL 38.1140l, is
22 repealed.