HB-4532, As Passed House, April 25, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4532

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 832, 859, and 1427 (MCL 600.832, 600.859, and

600.1427), section 859 as amended by 2005 PA 326, and by adding

sections 1426 and 1428.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 832. (1) The probate judge or chief probate judge clerk

of the probate court shall have possession of the seal, records,

books, files, and papers belonging to the probate court in the

respective county or probate court district . Each judge shall keep

a true and correct record of each order, sentence, and decree of

the court, and of all other official acts made or done by him, and

of all wills proved therein with the probate thereof, of all

letters of authority and of all other things proper to be recorded

in the court.and, in accordance with supreme court rules, shall

maintain every record created by or filed with the probate court.

     (2) The records, except as otherwise provided by law, may be

inspected without charge by all persons interested.

     (3) The probate court shall maintain an alphabetical index to

the records of probate court proceedings in each county.

     Sec. 859. (1) The following testimony before a probate judge

shall be recorded:

     (a) Testimony in contested matters.

     (b) Testimony in matters pertaining to the admission to a

hospital or other facility for mentally ill or developmentally

disabled persons.

     (c) Testimony in matters pertaining to persons having a

contagious disease.

     (d) Testimony in other matters if requested by an interested

party.

     (e) Testimony and other proceedings required by supreme court

rule.

     (2) In matters not governed by subsection (1), testimony

before a probate judge, probate register, or deputy probate

register may be given orally without a record being made of the

testimony.

     (3) The court shall keep sufficient index of the testimony and

the court shall keep the index and the original notes for at least

10 years as prescribed by supreme court rules. The reporter or

recorder need not transcribe the testimony unless a transcript is

ordered by the court or a party. Except in those cases in which the

testimony is transcribed and filed with the record of the case,

notes pertaining to a hearing for the admission of any person to a

hospital or other place of detention as a mentally ill or

developmentally disabled person or as a person with a contagious

disease shall be destroyed only after the discharge of the person

from the hospital or facility.

     (4) Notes may not be destroyed until after 10 years after the

date of the hearing or as provided in subsection (3), whichever is

longer.

Sec. 1426. (1) A court may charge a reasonable fee, as

established by the supreme court, for providing enhanced access.

     (2) A court may provide enhanced access to another court or to

a public agency in accordance with a written agreement. If enhanced

access is provided to another court or to a public agency under

this subsection, no fees may be charged. A written agreement under

this subsection shall contain all of the following:

     (a) A statement specifying that the court or public agency

receiving access to or output from the system without charge is

prohibited from selling or providing access to the system's output

to a third party, except in accordance with the written agreement.

     (b) A statement specifying the public purpose for which access

to or output from the system is being provided.

     (c) Provisions regarding the return of output from the system.

     (d) The duration of the agreement and the method by which the

agreement may be rescinded or terminated by either party before the

stated date of termination.

     (3) Before providing enhanced access, a court shall adopt an

enhanced access policy under the requirements prescribed by the

supreme court.

     (4) This section does not require a court to provide enhanced

access.

     (5) If the supreme court amends or adjusts the fee established

for providing enhanced access under this section, the state court

administrative office shall notify the chairpersons of the senate

and house of representatives appropriations subcommittees on the

judiciary of the change not more than 30 days after it takes

effect.

     (6) As used in this section:

     (a) "Enhanced access" means access to a court through

electronic means for pleadings, practice, and procedure, including,

but not limited to, access to its case records as prescribed by

supreme court rules.

     (b) "Operating expense" includes, but is not limited to, a

court's direct cost of creating, maintaining, processing, and

upgrading access to the court through electronic means, including

the cost of computer hardware and software, system development,

employee time, and the actual cost of providing the access.

     (c) "Reasonable fee" means a charge calculated to enable a

court to recover over time those operating expenses directly

related to the court's provision of enhanced access.

     Sec. 1427. All writs, process, proceedings and records in any

court within this state , shall be in the English language, (

except that the proper and known names of process, and technical

words, may be expressed in the language heretofore and now commonly

used, ), and shall be made out on paper, in a fair, legible

character, in words at length, and not abbreviated; but such

abbreviations as are now commonly used in the English language may

be used, and numbers may be expressed by Arabic figures, or Roman

numerals, in the customary manner.in the manner and on any medium

authorized by supreme court rules. If a signature is required on

any document filed with or created by a court, that requirement is

satisfied by an electronic signature as prescribed by supreme court

rules.

Sec. 1428. (1) The state court administrative office shall

establish and maintain records management policies and procedures

for the courts, including a records retention and disposal

schedule, in accordance with supreme court rules. The record

retention and disposal schedule shall be developed and maintained

as prescribed in section 5 of 1913 PA 271, MCL 399.5.

     (2) Subject to the records reproduction act, 1992 PA 116, MCL

24.401 to 24.406, a court may dispose of any record as prescribed

in subsection (1).

     (3) A record, regardless of its medium, shall not be disposed

of until the record has been in the custody of the court for the

retention period established under subsection (1).

     (4) A court may assess a reasonable fee associated with the

creation, reproduction, retrieval, and retention of its records

only as prescribed by the supreme court, but a court shall not

charge a fee to retrieve and inspect a record on site.

     (5) If the supreme court amends or adjusts the records

retention and disposal schedule established under this section, the

state court administrative office shall notify the chairpersons of

the senate and house of representatives appropriations

subcommittees on the judiciary of the change not more than 30 days

after it takes effect.

     (6) As used in this section, "record" means information of any

kind that is recorded in any manner and that has been created by a

court or filed with a court in accordance with supreme court rules.