HB-4011, As Passed House, March 19, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4011

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 442, entitled

 

"Freedom of information act,"

 

(MCL 15.231 to 15.246) by adding part 2.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 2

 

     Sec. 21. (1) This part shall be known and may be cited as the

 

"legislative open records 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 part. The people shall be informed so that they may fully

 

participate in the democratic process.


     Sec. 22. As used in this part:

 

     (a) "Council administrator" means the administrator of the

 

legislative council appointed under section 104a of the legislative

 

council act, 1986 PA 268, MCL 4.1104a.

 

     (b) "Legislator" means a member of the senate or the house of

 

representatives of this state.

 

     (c) "LORA" means the legislative open records act.

 

     (d) "LORA coordinator" means either of the following:

 

     (i) An individual who is a public body.

 

     (ii) An individual designated by a public body to accept and

 

process requests for public records under this part.

 

     (e) "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.

 

     (f) "Public body" means 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 office of the

 

auditor general.

 

     (g) "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 that has been in the possession of the

 

public body for 15 days or more. Public record does not include

 

computer software. This part separates public records into the


following 2 classes:

 

     (i) Those that are exempt from disclosure under section 29d.

 

     (ii) Those that are not exempt from disclosure under section

 

29d and are subject to disclosure under this part.

 

     (h) "Session day" means a day in which either the house of

 

representatives or the senate convenes in session and a quorum of

 

the body is recorded.

 

     (i) "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 would not

 

violate a software license.

 

     (j) "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 offices, facilities, or other establishments that are

 

located apart from the particular office receiving or processing

 

the request.

 

     (k) "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.

 

     (l) "Written request" means a writing that asks for

 

information and includes a writing transmitted by facsimile,

 

electronic mail, or other electronic means.

 

     Sec. 23. (1) Except as expressly provided in section 29d, upon

 

providing a public body's LORA 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 24(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. An employee of a public body who

 

receives a request for a public record shall forward that request

 

to the LORA coordinator within 3 business days.

 

     (2) A LORA coordinator shall keep a copy of all written

 

requests for public records on file for not 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 part does not require a public body to make a

 

compilation, summary, or report of information.

 

     (5) This part does not require a public body to create a new

 

public record, except to the extent required by this part for the

 

furnishing of copies, or edited copies of an existing public record

 

under this part.

 

     (6) The custodian of a public record shall, upon written

 

request, furnish a requesting person a certified copy of a public

 

record.

 

     (7) A public body shall not destroy or alter a record before

 

the record has been in its possession for 730 days if the record

 

would become a public record after it has been in the possession of

 

the public body for 15 days.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2020.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4007.


     (b) House Bill No. 4008.

 

     (c) House Bill No. 4009.

 

     (d) House Bill No. 4010.

 

     (e) House Bill No. 4012.

 

     (f) House Bill No. 4013.

 

     (g) House Bill No. 4014.

 

     (h) House Bill No. 4015.

 

     (i) House Bill No. 4016.