Bill Text: MI HB4008 | 2019-2020 | 100th 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 pt. 1.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-03-20 - Referred To Committee On Oversight [HB4008 Detail]
Download: Michigan-2019-HB4008-Engrossed.html
HB-4008, As Passed House, March 19, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4008
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending sections 1, 2, and 3 (MCL 15.231, 15.232, and 15.233),
section 1 as amended by 1997 PA 6, 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:
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) "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) "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.
(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.
(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 that is created by state or local
authority or is primarily funded by or through state or local
authority, except that it does not include the judiciary, including
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.or an entity
in the legislative branch of
state government.
(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. 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.
(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.
(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.
(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, or other means of recording or retaining
meaningful content.
(m) "Written request" means a writing that asks for
information, and includes a writing transmitted by facsimile,
electronic mail, 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, 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 January
1, 2020.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. ____ (request no.
00015'19 *) of the 100th Legislature is enacted into law.