Bill Text: MI SB0825 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil rights: public records; certain art institute service providers; subject to the freedom of information act. Amends sec. 2 of 1976 PA 442 (MCL 15.232).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-10 - Referred To Committee On Oversight [SB0825 Detail]
Download: Michigan-2019-SB0825-Introduced.html
SENATE BILL NO. 825
March 10, 2020, Introduced by Senator RUNESTAD
and referred to the Committee on Oversight.
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:
(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.
(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 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.
(v) An art institute services provider that
receives proceeds of a tax levied under the art institute authorities act, 2010
PA 296, MCL 123.1201 to 123.1229.
(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.
