SENATE BILL NO. 669
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending sections 2 and 3 (MCL 15.232 and 15.233), section 2 as amended by 2018 PA 68 and section 3 as amended by 2018 PA 523.
the people of the state of michigan enact:
(a) "Cybersecurity assessment" means an investigation undertaken by a person, governmental body, or other entity to identify vulnerabilities in cybersecurity plans.
(b) "Cybersecurity incident" includes, but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities.
(c) "Cybersecurity plan" includes, but is not limited to, information about a person's information systems, network security, encryption, network mapping, access control, passwords, authentication practices, computer hardware or software, or response to cybersecurity incidents.
(d) "Cybersecurity vulnerability" means a deficiency within computer hardware or software, or within a computer network or information system, that could be exploited by unauthorized parties for use against an individual computer user or a computer network or information system.
(e) "Field name" means the label or identification of an element of a computer database 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.
(f) "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.
(g) "Legislator" means a member of the senate or the house of representatives of this state.
(h) (g) "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.
(i) (h) "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.A state officer, legislator, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the legislative branch of the state government. Public body does not include the legislative service bureau, the senate fiscal agency, or the house fiscal agency.
(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.
(iv) Any other body that is created by state or local authority or is primarily funded by or through state or local authority, except that public body does not include the judiciary , including or the office of the county clerk and its employees when acting in the capacity of clerk to the circuit court. , is not included in the definition of public body.For purposes of this subparagraph, revenue earned by a body pursuant to a fee-for-service transaction with a governmental entity does not count as funds provided by or through state or local authority.
(j) (i) "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. Public record does not include notes taken or made by a member of a public body, including notes taken or made during a meeting of the public body, if the notes are for that member's personal use, are not circulated among other members, are not used in the creation of any meeting minutes, and are retained or destroyed at that member's sole discretion. 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 that are subject to disclosure under this act.
(k) (j) "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.
(l) (k) "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.
(m) (l) "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, hard drives, solid state storage components, hybrid drives, cloud storage, quantum networks and computing systems, or other means of recording or retaining meaningful content.
(n) (m) "Written request" means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, email, or other electronic means.
Sec. 3. (1) Except as expressly provided in section 13, upon providing a public body's FOIA coordinator with a written request that describes a public record sufficiently to enable the public body to find the public record, a person has a right to inspect, copy, or receive copies of the requested public record of the public body. A request from a person, other than an individual who qualifies as indigent under section 4(2)(a), must include the requesting person's complete name, address, and contact information, and, if the request is made by a person other than an individual, the complete name, address, and contact information of the person's agent who is an individual. An address must be written in compliance with United States Postal Service addressing standards. Contact information must include a valid telephone number or electronic mail address. A Except as to the executive office of the governor or lieutenant governor or a state legislative public body as described in section 2(i)(ii), a person has a right to subscribe to future issuances of public records that are created, issued, or disseminated on a regular basis. A subscription is valid for up to 6 months, at the request of the subscriber, and is renewable. An employee of a public body who receives a request for a public record shall promptly forward that request to the freedom of information act coordinator.
(2) A freedom of information act coordinator shall keep a copy of all written requests for public records on file for no less than 1 year.
(3) A public body shall furnish a requesting person a reasonable opportunity for inspection and examination of its public records, and shall furnish reasonable facilities for making memoranda or abstracts from its public records during the usual business hours. A public body may make reasonable rules necessary to protect its public records and to prevent excessive and unreasonable interference with the discharge of its functions. A public body shall protect public records from loss, unauthorized alteration, mutilation, or destruction.
(4) This act does not require a public body to make a compilation, summary, or report of information, except as required in section 11.
(5) This act does not require a public body to create a new public record, except as required in section 11, and to the extent required by this act for the furnishing of copies, or edited copies pursuant to section 14(1), of an already existing public record.
(6) The custodian of a public record shall, upon written request, furnish a requesting person a certified copy of a public record.
Enacting section 1. This amendatory act takes effect on January 1 of the first odd-numbered year that begins at least 6 months after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 670 of the 102nd Legislature is enacted into law.