Bill Text: MI HB5478 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Civil rights; other; governor's office; subject to freedom of information act and designate separate part of act. Amends secs. 1 & 2 of 1976 PA 442 (MCL 15.231 & 15.232) & designates secs, 1 - 16 as pt. 1. TIE BAR WITH: HB 5469'16
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-10-18 - Referred To Committee On Government Operations [HB5478 Detail]
Download: Michigan-2015-HB5478-Engrossed.html
HB5478, As Passed House, Sep, 21, 2016
HOUSE BILL No. 5478
March 16, 2016, Introduced by Reps. Moss, McBroom, Chatfield, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Irwin, Chang, Somerville, Barrett, LaVoy, Guerra, Darany, Hughes, Brinks, Howrylak, LaGrand, Glenn, Cox, Lyons, Sarah Roberts, Hovey-Wright, Wittenberg, Driskell, Greimel, Price, Townsend, Tedder, Hooker, Howell, Phelps and Lucido and referred to the Committee on Oversight and Ethics.
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending sections 1 and 2 (MCL 15.231 and 15.232), section 1 as
amended by 1997 PA 6 and section 2 as amended by 1996 PA 553, and
by designating sections 1 to 16 as part 1.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
Sec. 1. (1) This act may be cited as the "freedom of
information and legislative open records act", and this part shall
be known and may be cited as the "freedom of information act".
(2) It is the public policy of this state that all persons,
except those persons incarcerated in state or local correctional
facilities, are entitled to full and complete information regarding
the affairs of government and the official acts of those who
represent them as public officials and public employees, consistent
with this act. The people shall be informed so that they may fully
participate in the democratic process.
Sec.
2. As used in this act:part:
(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.
(ii) (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.
(iii) (iv) Any
other body which is created by state or local
authority or which is primarily funded by or through state or local
authority, .
(v) The except
that it does not include 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.or
an entity in the
legislative branch of state government.
(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.
(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.
Enacting section 1. This amendatory act takes effect January
1, 2017.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5469 (request no.
05429'16) of the 98th Legislature is enacted into law.
