Bill Text: MI HB5425 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: History and arts; other; department of history, arts, and libraries; abolish, and transfer responsibilities to department of state. Amends secs. 284, 287, 288, 289 & 292 of 1984 PA 431 (MCL 18.1284 et seq.). TIE BAR WITH: HB 5423'09

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-09-23 - Printed Bill Filed 09/23/2009 [HB5425 Detail]

Download: Michigan-2009-HB5425-Introduced.html

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HOUSE BILL No. 5425

 

September 22, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.

 

     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), as amended by 2001 PA 71.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

the department of history, arts, and libraries state as having

 

enduring worth because they document the growth and development of

 

this state from earlier times, including the territorial period;

 

they evidence the creation, organization, development, operation,

 

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

 

significant information about persons, things, problems, or

 

conditions dealt with by state agencies.

 

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

 

writing, including documents, papers, books, letters, or writings

 

prepared by handwriting, typewriting, printing, photostating, or

 

photocopying; or a photograph, film, map, magnetic or paper tape,

 

microform, magnetic or punch card, disc, drum, sound or video

 

recording, electronic data processing material, or other recording

 

medium, and includes individual letters, words, pictures, sounds,

 

impulses, or symbols, or combination thereof, regardless of

 

physical form or characteristics. Record may also include a record

 

series, if applicable.

 

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

 

management program to provide for the development, implementation,

 

and coordination of standards, procedures, and techniques for forms

 

management, and for the creation, retention, maintenance,

 

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

 

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

 

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

 

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

 

applicable provisions of law.

 

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

 

shall do all of the following:

 

     (a) Establish, implement, and maintain standards, procedures,

 

and techniques of records management throughout state agencies.

 

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

 

state agencies regarding each phase of records management.

 

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

 

each state agency by assisting in identifying and preserving

 

records considered to be critically essential to the continued

 

operation of state government or necessary to the protection of the

 

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

 

designated vital records shall be accomplished by storing duplicate

 

copies of the original records in a secure remote records center to

 

assure retention of those records in the event of disaster and loss

 

of original records.

 

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

 

providing maintenance, security, and preservation of state records.

 

     (e) Provide centralized microfilming service and, after the

 

effective date of rules promulgated under the records media

 

reproduction act, 1992 PA 116, MCL 24.401 to 24.403 24.406, to

 

govern optical storage, service for off-site storage of optical

 

discs as an integral part of the records management program.

 

     (f) Provide safeguards against unauthorized or unlawful

 

disposal, removal, or loss of state records.

 

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

 

been removed unlawfully or without authorization.

 

     (h) Establish retention and disposal schedules for the

 

official records of each state agency with consideration to their

 

administrative, fiscal, legal, and archival value.

 

     (3) The department shall issue directives that provide for all

 

of the following:

 

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

 

     (b) The establishment of retention and disposal schedules for

 

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

 

archival value.

 

     (c) The submission of proposed retention and disposal

 

schedules to the department of history, arts, and libraries state,

 

the auditor general, the attorney general, and the board for review

 

and approval.

 

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

 

state records center or to the custody of the department of

 

history, arts, and libraries state.

 

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

 

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

 

department of history, arts, and libraries state.

 

     (f) The establishment of a records management liaison officer

 

in each department to assist in maintaining a records management

 

program.

 

     (g) The cooperation of other state departments in complying

 

with this act.

 

     (h) The storage of records in orderly filing systems designed

 

to make records conveniently accessible for use.

 

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

 

department of history, arts, and libraries state, upon request, to

 

inspect or inventory records in the custody of the agency.

 

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

 

schedule, the department of history, arts, and libraries state

 

shall determine whether any records listed on the schedule

 

possesses archival value and may disapprove or may require

 

modification of a schedule which proposes the destruction of a

 

record possessing archival value.

 

     (2) In cooperation with the department of history, arts, and

 

libraries state, the department shall periodically provide the

 

department of history, arts, and libraries state with listings of

 

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

 

disposal before releasing those records for destruction. Within 30

 

days after receiving these lists, the department of history, arts,

 

and libraries state shall report in writing to the records center

 

regarding each list submitted, and may disapprove the destruction

 

of any or all of the records listed. Any record that is considered

 

to potentially have archival value by the department of history,

 

arts, and libraries state shall not be destroyed or otherwise

 

disposed of but shall be transferred to the department of history,

 

arts, and libraries state.

 

     (3) The department shall notify the state agency that created

 

a record before its destruction or transfer to the state archives.

 

     (4) The department of history, arts, and libraries state may

 

initiate legal action in circuit court to recover records

 

possessing archival value when there is reason to believe that

 

records have been improperly or unlawfully removed from state

 

custody. Upon initiation of any action, the court may issue a

 

temporary restraining order preventing the sale, transfer, or

 

destruction of a record pending the decision of the court.

 

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

 

department of history, arts, and libraries state from exercising

 

its responsibilities to ensure that records possessing historical

 

value are protected and preserved in the state archives.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5423(request no.

 

01945'09) of the 95th Legislature is enacted into law.