House Introduced Bill 4949

HOUSE BILL No. 4949

June 13, 2001, Introduced by Reps. Rivet and Stewart and referred to the Committee on Commerce.

A bill to amend 1984 PA 431, entitled

"The management and budget act,"

by amending sections 284, 287, 288, 289, and 292 (MCL 18.1284,

18.1287, 18.1288, 18.1289, and 18.1292), sections 284, 288, and

292 as added and section 289 as amended by 1988 PA 504 and

section 287 as amended by 1992 PA 191.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 284. As used in this section and sections 285 to 292:

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(a) "Archival value" means records which have been selected

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by the archives section of the bureau of history in the depart-

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ment of state HISTORY, ARTS, AND CULTURE as having enduring

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worth because they document the growth and development of this

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state from earlier times, including the territorial period; they

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evidence the creation, organization, development, operation,

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functions, or effects of state agencies; or because they contain

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significant information about persons, things, problems, or

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conditions dealt with by state agencies.

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(b) "Record" or "records" means a document, paper, letter,

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or writing, including documents, papers, books, letters, or writ-

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ings prepared by handwriting, typewriting, printing, photostat-

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ing, or photocopying; or a photograph, film, map, magnetic or

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paper tape, microform, magnetic or punch card, disc, drum, sound

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or video recording, electronic data processing material, or other

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recording medium, and includes individual letters, words, pic-

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tures, sounds, impulses, or symbols, or combination thereof,

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regardless of physical form or characteristics. Record may also

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include a record series, if applicable.

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Sec. 287. (1) The department shall maintain a records man-

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agement program to provide for the development, implementation,

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and coordination of standards, procedures, and techniques for

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forms management, and for the creation, retention, maintenance,

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preservation, and disposition of the records of this state. All

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records of this state are and shall remain the property of this

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state and shall be preserved, stored, transferred, destroyed,

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disposed of, and otherwise managed pursuant to this act and other

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applicable provisions of law.

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(2) In managing the records of this state, the department

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shall do all of the following:

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(a) Establish, implement, and maintain standards, proce-

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dures, and techniques of records management throughout state

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agencies.

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(b) Provide education, training, and information programs to

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state agencies regarding each phase of records management.

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(c) Promote the establishment of a vital records program in

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each state agency by assisting in identifying and preserving

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records considered to be critically essential to the continued

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operation of state government or necessary to the protection of

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the rights and privileges of its citizens, or both. Preservation

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of designated vital records shall be accomplished by storing

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duplicate copies of the original records in a secure remote

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records center to assure retention of those records in the event

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of disaster and loss of original records.

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(d) Operate a records center or centers for the purpose of

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providing maintenance, security, and preservation of state

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records.

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(e) Provide centralized microfilming service and, after the

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effective date of rules promulgated under the records media act,

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1992 PA 116, MCL 24.401 TO 24.403, to govern optical storage,

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service for off-site storage of optical discs as an integral part

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of the records management program.

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(f) Provide safeguards against unauthorized or unlawful dis-

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posal, removal, or loss of state records.

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(g) Initiate action to recover a state record that may have

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been removed unlawfully or without authorization.

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(h) Establish retention and disposal schedules for the offi-

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cial records of each state agency with consideration to their

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administrative, fiscal, legal, and archival value.

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(3) The department shall issue directives that provide for

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all of the following:

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(a) The security of records maintained by state agencies.

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(b) The establishment of retention and disposal schedules

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for all records in view of their administrative, fiscal, legal,

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and archival value.

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(c) The submission of proposed retention and disposal sched-

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ules to the secretary of state, DEPARTMENT OF HISTORY, ARTS,

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AND CULTURE, the auditor general, the attorney general, and the

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board for review and approval.

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(d) The transfer of records from a custodian state agency to

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a state records center or to the custody of the secretary of

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state DEPARTMENT OF HISTORY, ARTS, AND CULTURE.

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(e) The disposal of records pursuant to retention and dis-

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posal schedules, or the transfer of records to the custody of the

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secretary of state DEPARTMENT OF HISTORY, ARTS, AND CULTURE.

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(f) The establishment of a records management liaison offi-

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cer in each department to assist in maintaining a records manage-

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ment program.

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(g) The cooperation of other state departments in complying

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with this act.

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(h) The storage of records in orderly filing systems

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designed to make records conveniently accessible for use.

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Sec. 288. A state agency shall permit the department or the

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secretary of state DEPARTMENT OF HISTORY, ARTS, AND CULTURE,

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upon request, to inspect or inventory records in the custody of

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the agency.

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Sec. 289. (1) In reviewing a draft retention and disposal

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schedule, the secretary of state DEPARTMENT OF HISTORY, ARTS,

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AND CULTURE shall determine whether any records listed on the

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schedule possesses archival value and may disapprove or may

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require modification of a schedule which proposes the destruction

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of a record possessing archival value.

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(2) In cooperation with the archives division of the bureau

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of history in the department of state, DEPARTMENT OF HISTORY,

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ARTS, AND CULTURE, the department shall periodically provide the

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department of state HISTORY, ARTS, AND CULTURE with listings of

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all records in the custody of the records center that are due for

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disposal before releasing those records for destruction. Within

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30 days after receiving these lists, the department of state

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HISTORY, ARTS, AND CULTURE shall report in writing to the records

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center regarding each list submitted, and may disapprove the

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destruction of any or all of the records listed. Any record

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which THAT is considered to potentially have archival value by

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the secretary of state DEPARTMENT OF HISTORY, ARTS, AND CULTURE

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shall not be destroyed or otherwise disposed of but shall be

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transferred to the department of state HISTORY, ARTS, AND

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CULTURE.

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(3) The department shall notify the state agency that cre-

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ated a record before its destruction or transfer to the state

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archives.

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(4) The secretary of state DEPARTMENT OF HISTORY, ARTS,

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AND CULTURE may initiate legal action in circuit court to recover

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records possessing archival value when there is reason to believe

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that records have been improperly or unlawfully removed from

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state custody. Upon initiation of any action, the court may

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issue a temporary restraining order preventing the sale, trans-

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fer, or destruction of a record pending the decision of the

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court.

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Sec. 292. This act shall not be construed to prevent the

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secretary of state DEPARTMENT OF HISTORY, ARTS, AND CULTURE

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from exercising his or her ITS responsibilities to ensure that

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records possessing historical value are protected and preserved

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in the state archives.

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Enacting section 1. This amendatory act does not take

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effect unless Senate Bill No. ______ or House Bill No. 4941

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(request no. 02873'01) of the 91st Legislature is enacted into

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law.

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