HOUSE BILL NO. 4984

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 5755.

the people of the state of michigan enact:

Sec. 5755. (1) On the commencement of summary proceedings under this chapter or chapter 57a for the termination of an individual's tenancy, the court shall maintain the records in the summary proceedings as nonpublic records until a judgment for possession is entered for the plaintiff.

(2) Except as otherwise provided in subsection (3), if a judgment for possession is entered for the plaintiff in summary proceedings described in subsection (1), the court shall maintain the records in the summary proceedings as public records after entry of the judgment until 2 years after the date the judgment is entered. After 2 years after the date the judgment is entered, the court shall automatically maintain the records as nonpublic records.

(3) If the basis for a judgment entered in summary proceedings described in subsection (1) was any of the following, the court shall maintain the records in the summary proceeding as public records as provided in subsection (2) until 3 years after the date the judgment is entered:

(a) Illegal controlled substance activity under section 5714(1)(b).

(b) A serious and continuing health hazard or injury to the premises under section 5714(1)(d).

(c) Causing or threatening physical injury to another individual on the premises under section 5714(1)(e).

(d) Taking or holding possession by force or trespass under section 5714(1)(f).

(4) The court may release records maintained as nonpublic under this section for scholarly, educational, journalistic, or governmental purposes if the court balances the interests of the tenant for nondisclosure against the interests of the requesting party. However, the tenant's name must not be disclosed, and personally identifiable information other than the tenant's name, such as address, must not be disclosed unless all of the following apply:

(a) The researcher submits a written request to the court.

(b) The court approves and the researcher executes a written data use agreement, which describes the research project and complies with all of the following:

(i) The agreement complies with Michigan court rules.

(ii) The agreement prohibits the rerelease of any personally identifiable information without explicit permission from the court.

(iii) The agreement requires that the information be used solely for research or administrative purposes.

(iv) The agreement requires that the information be used only for the project described in the agreement, unless the recipient submits a written request for another project for which the information will be used and the court approves the request.

(v) The agreement prohibits the use of the information for legal, administrative, or other action that directly affects any individual or institution identifiable from the information.

(vi) The agreement states the payment, if any, to be provided by the researcher to the court for the specific project.

(vii) The agreement requires that ownership of information provided under the agreement will remain with the court, not the researcher or research project.

(c) The court receives documented procedures of the researcher to protect confidentiality and security of the information, and data storage and data destruction methods.

(5) As used in this section:

(a) "Nonpublic" means maintained confidentially without access by the public or any person other than the parties, an attorney for a party, and the court.

(b) "Records" means documents and records of any nature that are filed with or maintained by the court clerk in connection with the summary proceedings.