HB 6299

HOUSE BILL NO. 6299
A bill to amend 1976 PA 442, entitled
"Freedom of information act,"
by amending section 2 (MCL 15.232), as amended by 2018
PA 68.
the people of the state of michigan enact:
Sec. 2. As used in this act:
(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.
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 House Bill No. ____
(request no. H07694'26) of the 103rd Legislature is enacted into law.