HOUSE BILL No. 5166

 

September 5, 2007, Introduced by Reps. Wenke and Nitz and referred to the Committee on Oversight and Investigations.

 

     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) "Legislative financial record" means a legislative office

 

budget and any other evidence of a legislative office expenditure

 

or authorization for a legislative office expenditure of or by an

 

individual described in subdivision (e)(iii).

 

     (d) (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.

 

     (e) (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 of the

 

governor or lieutenant governor or of the executive office of the

 

governor or lieutenant governor.

 

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

 

legislative branch of the state government.

 

     (iii) For the sole purpose of responding to a request for a

 

legislative financial record, a state senator or state

 

representative.

 

     (iv) (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 entity identified in


 

this subparagraph.

 

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

 

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

 

authority.

 

     (vi) (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.

 

     (f) (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 are subject to disclosure under this

 

act.

 

     (g) (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.

 

     (h) (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.

 

     (i) (h) "Writing" means handwriting, typewriting, printing,

 

photostating, photographing, photocopying, and every any 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.

 

     (j) (i) "Written request" means a writing that asks for

 

information, and includes a writing transmitted by facsimile,

 

electronic mail, or other electronic means.