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.