February 17, 2004, Introduced by Reps. Brown, Spade, Adamini, Gleason, Minore, Lipsey, Farrah, Sak, Kolb, Caswell, Whitmer, Stakoe, Gillard, Bieda, Tobocman, Williams, Anderson, Vagnozzi, Amos and Ward and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1992 PA 116, entitled
"Records media act,"
by amending the title and sections 1, 2, and 3 (MCL 24.401,
24.402, and 24.403), section 2 as amended by 2001 PA 72, and by
adding sections 4, 5, and 6.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to designate and regulate the method and medium for
3 the storage and reproduction of certain records; media; to
4 provide for the certification of certain records; and to
5 prescribe the powers and duties of certain governmental entities
6 and officials.
7 Sec. 1. (1) This act shall be known and may be cited as the
8 "records media reproduction
act".
9 (2) As used in this act:
1 (a) "Board" means the state historical records advisory
2 board.
3 (b) "Data transfer" means the copying or transmission of
4 electronic information that does not alter the content, context,
5 or structure of a record from 1 medium to another medium.
6 (c) "Department" means the department of history, arts, and
7 libraries.
8 (d) "Digital migration" means the conversion of digital
9 information from an existing format to another format that
10 maintains the content, context, and structure of a record.
11 (e) "Digitization" means the conversion of information into
12 digitally coded electronic images suitable for electronic
13 storage.
14 Sec. 2. (1) Except
to the extent limited Subject to the
15 requirements of this act and except as otherwise provided by law,
16 if a governmental entity or a governmental official
acting in
17 his or her official
capacity reproduces a record, the
18 reproduction may be
created may reproduce a record by
using any
19 of the following media,
subject to subsection (2) methods or
20 mediums:
21 (a) Photograph.
22 (b) Photocopy.
23 (c) Microcopy Microreproduction.
24 (d) Optical storage
disc, as of the effective date of rules,
25 to be promulgated
pursuant to subsection (2), that govern optical
26 storage discs.
However, this act does not prohibit the
27 utilization of an
optical storage disc system purchased by this
1 state before the
effective date of this act pursuant to
2 legislative
appropriations, unless the director of the department
3 of management and
budget finds that the system is not capable of
4 creating reproductions
that are equivalent to photographs or
5 microcopies. The
director of the department of management and
6 budget shall transmit
such a finding to the state department or
7 agency utilizing the
optical storage disc system and to the house
8 and senate appropriations
committees. media.
9 (e) Data transfer.
10 (f) Digitization.
11 (g) Digital migration.
12 (h) Magnetic media.
13 (i) Printing.
14 (j) Any other reproduction method or medium approved by the
15 department under this act.
16 (2) Pursuant to The
department may adopt technical
17 standards, issue directives, or promulgate rules under the
18 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
19 24.328, the
department of history, arts, and libraries and the
20 department of
management and budget shall jointly promulgate
21 rules that govern the
creating, processing, indexing, storage,
22 retrieval, durability,
and inspection of reproductions governing
23 the storage and reproduction of records by a governmental entity
24 or governmental official acting in his or her official capacity.
25 (3) With
respect to information systems that utilize digital
26 data in a medium the methods and mediums listed in
27 subsection (1) for the storage and reproduction of records, the
1 standards, directives, or rules under subsection (2) shall do,
2 but are not limited to, all of the following:
3 (a) Set forth
data interchangeability standards Ensure
4 continued accessibility and usability of the records throughout
5 their retention period.
6 (b) Ensure
continued maintenance of and access to the
7 records by requiring
the conversion of the digital data medium or
8 the modification or
replacement of the computer hardware or
9 computer software
before the digital data medium, algorithms,
10 computer hardware, or
computer software become obsolete Ensure
11 the integrity and authenticity of records maintained by
12 governmental entities, officials, and employees.
13 (4) Except as provided under subsection (5), a governmental
14 entity or governmental official shall not use a method or medium
15 listed under subsection (1)(c), (f), or (g) until the department
16 adopts a standard, issues a directive, or promulgates a rule
17 under subsection (2) governing the method or medium.
18 (5) The department may enter into a pilot agreement with a
19 governmental entity to test new equipment, technology, methods,
20 or mediums. A record reproduced by a governmental entity
21 operating under a pilot agreement shall have the same force and
22 effect as a record stored or reproduced by an approved method or
23 medium under this act.
24 Sec. 3. With respect to a reproduction created by a person
25 other than a governmental entity or a governmental official
26 acting in his or her official capacity, a law that references
27 this act incorporates by reference any reproduction method or
1 medium that correctly
and accurately reproduces the original
2 approved by this act.
3 Sec. 4. (1) The board shall, within 60 days of receipt of a
4 proposed technical standard from the department, approve,
5 disapprove, or revise the proposed technical standard.
6 (2) Before submitting a proposed technical standard to the
7 board under this section, the department shall seek advice and
8 comment from the department of information technology and at
9 least 1 representative from each of the following entities:
10 (a) County government.
11 (b) City, township, or village government.
12 (c) The information technology industry.
13 (3) Proposed and final technical standards shall be published
14 in the Michigan register. A technical standard shall not take
15 effect before its publication in the Michigan register.
16 Sec. 5. This act does not prohibit the use of an optical
17 disc imaging system purchased by the state before June 26, 1992
18 unless the department determines that the system is incapable of
19 creating reproduced records that meet the requirements of this
20 act.
21 Sec. 6. A record reproduced under this act shall have the
22 same force and effect as a true paper copy of a record. All
23 copies produced under this act, when certified as true by the
24 officer in whose office the original was filed or recorded, shall
25 have the same force and effect as an original for all legal
26 purposes and is admissible in court, administrative proceedings,
27 and elsewhere as evidence in the same manner as an original.