Enhanced Access To Public Records Act (Excerpt) Act 462 Of 1996


Published: 2015

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ENHANCED ACCESS TO PUBLIC RECORDS ACT (EXCERPT)
Act 462 of 1996

15.442 Definitions.

Sec. 2.

As used in this act:

(a) “Enhanced access” means a public record's immediate availability for public inspection, purchase, or copying by digital means. Enhanced access does not include the transfer of ownership of a public record.

(b) “Geographical information system” means an informational unit or network capable of producing customized maps based on a digital representation of geographical data.

(c) “Operating expenses” includes, but is not limited to, a public body's direct cost of creating, compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form available for enhanced access, including the cost of computer hardware and software, system development, employee time, and the actual cost of supplying the information or record in the form requested by the purchaser.

(d) “Person” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232.

(e) “Public body” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232.

(f) “Public record” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232.

(g) “Reasonable fee” means a charge calculated to enable a public body to recover over time only those operating expenses directly related to the public body's provision of enhanced access.

(h) “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.

(i) “Third party” means a person who requests a geographical information system or output from a geographical information system under this act. However, third party does not include a person for whom a fee authorized under this act is waived in accordance with an intergovernmental agreement described in section 3.


History: 1996, Act 462, Imd. Eff. Dec. 26, 1996

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Am. 1998, Act 550, Imd. Eff. Jan. 22, 1999

© 2015 Legislative Council, State of Michigan