HB-4779, As Passed House, January 25, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4779

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1986 PA 268, entitled

 

"Legislative council act,"

 

(MCL 4.1101 to 4.1901) by amending the title, as amended by 1988 PA

 

100, and by adding chapter 1A.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to create the legislative council; to prescribe its

 

membership, powers, and duties; to create a legislative service

 

bureau to provide staff services to the legislature and the

 

council; to provide for operation of legislative parking

 

facilities; to create funds; to provide for the expenditure of

 

appropriated funds by legislative council agencies; to provide for

 

the designation and authentication of certain electronic legal

 


records as official; to authorize the sale of access to certain

 

computerized data bases; to establish fees; to create the Michigan

 

commission on uniform state laws; to create a law revision

 

commission; to create a senate fiscal agency and a house fiscal

 

agency; to create a Michigan capitol committee; to create a

 

commission on intergovernmental relations; to prescribe the powers

 

and duties of certain state agencies and departments; to repeal

 

certain acts and parts of acts; and to repeal certain parts of this

 

act on specific dates.

 

CHAPTER 1A.

 

UNIFORM ELECTRONIC LEGAL MATERIAL.

 

     Sec. 121. As used in this chapter:

 

     (a) "Electronic" means relating to technology having

 

electrical, digital, magnetic, wireless, optical, electromagnetic,

 

or similar capabilities.

 

     (b) "Legal material" means any of the following:

 

     (i) The state constitution of 1963.

 

     (ii) The public acts of this state.

 

     (iii) The Michigan Compiled Laws.

 

     (iv) A rule promulgated pursuant to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (v) Materials related to and created by the courts in this

 

state as provided for in a cooperative agreement entered into under

 

section 129.

 

     (c) "Official publisher" means:

 

     (i) For the state constitution of 1963, the legislative

 

service bureau.


     (ii) For the public acts of this state, the legislative

 

service bureau.

 

     (iii) For the Michigan Compiled Laws, the legislative service

 

bureau.

 

     (iv) For a rule promulgated pursuant to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the

 

office of performance and transformation.

 

     (d) "Publish" means to display, present, or release to the

 

public, or cause to be displayed, presented, or released to the

 

public, by the official publisher.

 

     (e) "Record" means information that is inscribed on a tangible

 

medium or that is stored in an electronic or other medium and is

 

retrievable in perceivable form.

 

     (f) "State" means a state of the United States, the District

 

of Columbia, Puerto Rico, the United States Virgin Islands, or any

 

territory or insular possession subject to the jurisdiction of the

 

United States.

 

     Sec. 122. This chapter applies to all legal material in an

 

electronic record that is designated as official under section 123

 

and first published electronically on or after the effective date

 

of the amendatory act that added this chapter.

 

     Sec. 123. (1) If an official publisher publishes legal

 

material only in an electronic record, the publisher shall do both

 

of the following:

 

     (a) Designate the electronic record as official.

 

     (b) Comply with sections 124, 126, and 127.

 

     (2) An official publisher that publishes legal material in an


electronic record and also publishes the material in a record other

 

than an electronic record may designate the electronic record as

 

official if the publisher complies with sections 124, 126, and 127.

 

     Sec. 124. An official publisher of legal material in an

 

electronic record that is designated as official under section 123

 

shall authenticate the record. To authenticate an electronic

 

record, the publisher shall provide a method for a user to

 

determine that the record received by the user from the publisher

 

is unaltered from the official record published by the publisher.

 

     Sec. 125. (1) Legal material in an electronic record that is

 

authenticated under section 124 is presumed to be an accurate copy

 

of the legal material.

 

     (2) If another state has adopted a law substantially similar

 

to this chapter, legal material in an electronic record that is

 

designated as official and authenticated by the official publisher

 

in that state is presumed to be an accurate copy of the legal

 

material.

 

     (3) A party contesting the authentication of legal material in

 

an electronic record authenticated under section 124 has the burden

 

of proving by a preponderance of the evidence that the record is

 

not authentic.

 

     Sec. 126. (1) An official publisher of legal material in an

 

electronic record that is designated as official under section 123

 

shall provide for the preservation and security of the record in an

 

electronic form or a form that is not electronic.

 

     (2) If legal material is preserved under subsection (1) in an

 

electronic record, the official publisher shall do all of the


following:

 

     (a) Ensure the integrity of the record.

 

     (b) Provide for backup and disaster recovery of the record.

 

     (c) Ensure the continuing usability of the material.

 

     Sec. 127. An official publisher of legal material in an

 

electronic record that is required to be preserved under section

 

126 shall ensure that the material is reasonably available for use

 

by the public on a permanent basis.

 

     Sec. 128. In implementing this chapter, an official publisher

 

of legal material in an electronic record shall consider all of the

 

following:

 

     (a) Standards and practices of other jurisdictions.

 

     (b) The most recent standards regarding authentication of,

 

preservation and security of, and public access to, legal material

 

in an electronic record and other electronic records, as

 

promulgated by national standard-setting bodies.

 

     (c) The needs of users of legal material in an electronic

 

record.

 

     (d) The views of governmental officials and entities and other

 

interested persons.

 

     (e) To the extent practicable, methods and technologies for

 

the authentication of, preservation and security of, and public

 

access to, legal material that are compatible with the methods and

 

technologies used by other official publishers in this state and in

 

other states that have adopted a law substantially similar to this

 

chapter.

 

     Sec. 129. The council administrator may enter into a


cooperative agreement with the supreme court administrator's office

 

regarding the authentication, preservation, and publication of

 

materials related to and created by the courts in this state.

 

     Sec. 130. In applying and construing this chapter, states that

 

enact a statute on uniform electronic legal material as provided

 

for in this chapter shall consider the need to promote uniformity

 

of the law with respect to its subject matter.

 

     Sec. 131. This chapter modifies, limits, and supersedes the

 

electronic signatures in global and national commerce act, 15 USC

 

sections 7001 to 7031, but does not modify, limit, or supersede 15

 

USC 7001(c) or authorize electronic delivery of any of the notices

 

described in 15 USC 7003(b).