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).