§ 1. Short Title.
This Act may be cited as the "Marshall Internet Child Protection Act."
§ 2. Definitions.
(a) Filtering software. "Filtering software" is computer
software, hardware, or a combination thereof which prevents a
computer on which it is installed from accessing certain
information or other resources based upon predetermined criteria.
The filtering function may be performed by blocking access to
items listed in a database, by permitting access to only those
items listed in a database, by automatically analyzing the
content or other attributes of items, or by any other method.
(b) Public-
§ 3. Installation of Filtering Software.
(a) All public-
(b) Libraries shall install the filtering software required
by this Section within thirty days after such software is made
available to them by the Marshall Department of Education.
§ 4. Selection of Filtering Software.
(a) The Marshall Department of Education shall select
appropriate filtering software for the purpose of reducing or
eliminating access to patently offensive materials using
public-
(b) The Department shall conduct a competitive bidding
process to procure appropriate filtering software. The process
shall be timed in such a manner as to make the software available
to libraries within ninety days following enactment of this Act.
(c) The Department shall conduct a formal evaluation of the
effectiveness and appropriateness of the filtering software it
has selected at least once every two years, and shall solicit
competitive bids for such software at least once every five
years.
§ 1. Short Title.
This Act may be cited as the "Marshall Freedom of Information Act."
§ 2. Public Policy.
Pursuant to the fundamental philosophy of the American
constitutional form of government, it is declared to be the
public policy of the State of Marshall that all persons are
entitled to full and complete information regarding the affairs
of government and the official acts and policies of those who
represent them as public officials and public employees
consistent with the terms of this Act. Such access is necessary
to enable the people to fulfill their duties of discussing public
issues fully and freely, making informed political judgments and
monitoring government to ensure that it is being conducted in the
public interest.
This Act is not intended to be used to violate individual
privacy, nor for the purpose of furthering a commercial
enterprise, or to disrupt the duly undertaken work of any public
body independent of the fulfillment of any of the forementioned
rights of the people to access to information.
This Act is not intended to create an obligation on the part
of any public body to maintain or prepare any public record which
was not maintained or prepared by such public body at the time
when this Act becomes effective, except as otherwise required by
applicable local, State or federal law.
These restraints on information access should be seen as
limited exceptions to the general rule that the people have a
right to know the decisions, policies, procedures, rules,
standards, and other aspects of government activity that affect
the conduct of government and the lives of any or all of the
people. The provisions of this Act shall be construed to this
end.
§ 3. Definitions.
As used in this Act:
(a) "Public body" means any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities, villages,
incorporated towns, school districts, public libraries, and all
other municipal corporations, boards, bureaus, committees, or
commissions of this State, and any subsidiary bodies of any of
the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by tax
revenue, or which expend tax revenue.
(b) "Person" means any individual, corporation, partnership,
firm, organization or association, acting individually or as a
group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps, photographs,
microfilms, cards, tapes, recordings, electronic data processing
records, recorded information and all other documentary
materials, regardless of physical form or characteristics, having
been prepared, or having been or being used, received, possessed
or under the control of any public body.
(d) "Copying" means the reproduction of any public record by
means of any photographic, electronic, mechanical or other
process, device or means.
(e) "Head of the public body" means the president, mayor,
chairperson, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
§ 4. Requests for Inspection or Copying of Public Records.
(a) Each public body shall make available to any person for
inspection or copying all public records, except as otherwise
provided in Section 6 of this Act.
(b) Subject to the fee provisions of Section 5 of this Act,
each public body shall promptly provide, to any person who
submits a written request, a copy of any public record required
to be disclosed by subsection (a) of this Section and shall
certify such copy if so requested.
(c) Each public body shall, promptly, either comply with or
deny a written request for public records within 7 working days
after its receipt. Denial shall be by letter as provided in
Section 7 of this Act. Failure to respond to a written request
within 7 working days after its receipt shall be considered a
denial of the request.
(d) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public body
and there is no way to narrow the request and the burden on the
public body outweighs the public interest in the information.
Before invoking this exemption, the public body shall extend to
the person making the request an opportunity to confer with it in
an attempt to reduce the request to manageable proportions. If
any body responds to a categorical request by stating that
compliance would unduly burden its operation and the conditions
described above are met, it shall do so in writing, specifying
the reasons why it would be unduly burdensome and the extent to
which compliance will so burden the operations of the public
body. Such a response shall be treated as a denial of the
request for information. Repeated requests for the same public
records by the same person shall be deemed unduly burdensome
under this provision.
§ 5. Fees.
(a) Each public body may charge fees reasonably calculated
to reimburse its actual cost for reproducing and certifying
public records and for the use, by any person, of the equipment
of the public body to copy records. Such fees shall exclude the
costs of any search for and review of the record, and shall not
exceed the actual cost of reproduction and certification.
(b) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the person
requesting the documents states the specific purpose for the
request and indicates that a waiver or reduction of the fee is in
the public interest. Waiver or reduction of the fee is in the
public interest if the principal purpose of the request is to
access and disseminate information regarding the health, safety
and welfare or the legal rights of the general public and is not
for the principal purpose of personal or commercial benefit. In
setting the amount of the waiver or reduction, the public body
may take into consideration the amount of materials requested and
the cost of copying them.
(c) The purposeful imposition of a fee not consistent with
subsections (a) and (b) of this Section shall be considered a
denial of access to public records for the purposes of judicial
review.
§ 6. Exemptions.
(a) The following shall be exempt from inspection and copying:
(1) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law.
(2) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.
(3) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes.
(4) Records that relate to or affect the security of correctional institutions and detention facilities.
(5) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body.
(6) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm. Nothing contained in this paragraph shall be construed to prevent a person or business from consenting to disclosure.
(7) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment.
(8) Library circulation and order records identifying individual library users with specific materials.
(9) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.
(10) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers.
(11) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.
(12) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.
(13) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated.
(14) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee, and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases.
(15) Course materials or research materials used by faculty members.
(16) Information related solely to the internal personnel rules and practices of a public body.
(17) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.
(b) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.
§ 7. Notice of Denial of Request.
(a) Each public body or head of a public body denying a
request for public records shall notify by letter the person
making the request of the decision to deny such, the reasons for
the denial, and the names and titles or positions of each person
responsible for the denial. Each notice of denial by a public
body shall also inform such person of his or her right to appeal
to the head of the public body. Each notice of denial of an
appeal by the head of a public body shall inform such person of
his or her right to judicial review under Section 9 of this Act.
(b) When a request for public records is denied on the
grounds that the records are exempt under Section 6 of this Act,
the notice of denial shall specify the exemption claimed to
authorize the denial. Copies of all notices of denial shall be
retained by each public body in a single central office file that
is open to the public and indexed according to the type of
exemption asserted and, to the extent feasible, according to the
types of records requested.
§ 8. Administrative Review.
(a) Any person denied access to inspect or copy any public
record may appeal the denial by sending a written notice of
appeal to the head of the public body. Upon receipt of such
notice the head of the public body shall promptly review the
public record, determine whether under the provisions of this Act
such record is open to inspection and copying, and notify the
person making the appeal of such determination within 7 working
days after the notice of appeal.
(b) Any person making a request for public records shall be
deemed to have exhausted his or her administrative remedies with
respect to such request if the head of the public body affirms
the denial or fails to act within the time limit provided in
subsection (a) of this Section.
§ 9. Judicial Review.
(a) Any person denied access to inspect or copy any public
record by the head of a public body may file suit for injunctive
or declaratory relief.
(b) Where the denial is from the head of a public body of
the State, suit may be filed in the circuit court for the county
where the public body has its principal office or where the
person denied access resides.
(c) Where the denial is from the head of a municipality or
other public body, except as provided in subsection (b) of this
Section, suit may be filed in the circuit court for the county
where the public body is located.
(d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order the
production of any public records improperly withheld from the
person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is exercising
due diligence in responding to the request, the court may retain
jurisdiction and allow the agency additional time to complete its
review of the records.
(e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied, including a
description of the nature or contents of each document withheld,
or of each deletion from a released document; and a statement of
the exemption or exemptions claimed for each such deletion or
withheld document.
(f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act.
(g) In the event of noncompliance with an order of the court
to disclose, the court may enforce its order against any public
official or employee so ordered or primarily responsible for such
noncompliance through the court's contempt powers.
(h) Except as to causes the court considers to be of greater
importance, proceedings arising under this Section shall take
precedence on the docket over all other causes and be assigned
for hearing and trial at the earliest practicable date and
expedited in every way.
(i) If a person seeking the right to inspect or receive a
copy of a public record substantially prevails in a proceeding
under this Section, the court may award such person reasonable
attorneys' fees if the court finds that the record or records in
question were of clearly significant interest to the general
public and that the public body lacked any reasonable basis in
law for withholding the record.