House Introduced Bill 4944

HOUSE BILL No. 4944

June 13, 2001, Introduced by Reps. Kooiman and Stewart and referred to the Committee on Commerce.

A bill to amend 1913 PA 271, entitled

"An act to create the Michigan historical commission; to provide
for the appointment of members of the commission; to fix their
terms of office, prescribe their powers and duties; to prescribe
the powers and duties of certain state agencies and officers; to
make an appropriation to carry out the provisions of this act; to
provide for the distribution of certain revenue; to provide for
the listing and destruction of useless documents, books and
papers; and to repeal all acts and parts of acts inconsistent
herewith,"

by amending sections 1, 4a, 6, 7, 7a, 8a, and 10 (MCL 399.1,

399.4a, 399.6, 399.7, 399.7a, 399.8a, and 399.10), section 4a as

amended and section 10 as added by 1992 PA 190, sections 6 and 7

as amended by 1984 PA 309, and section 7a as added by 1988

PA 467.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 1. There is hereby created WITHIN THE DEPARTMENT a

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commission to be known as the Michigan historical commission.

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Said THE commission shall consist of 6 members , with the

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addition of AND the governor DIRECTOR OF THE DEPARTMENT,

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SERVING AS AN ex-officio ; said MEMBER. THE GOVERNOR SHALL

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APPOINT THE OTHER 6 members shall be appointed by the governor

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by and with the advice and consent of the senate. No A member

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of said THE commission shall NOT receive any compensation for

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his OR HER services, except actual and necessary expenses while

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attending the meetings or carrying out the purposes of said THE

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commission.

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Sec. 4a. (1) A record obtained by the secretary of state

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BEFORE THE EFFECTIVE DATE OF THE 2001 AMENDATORY ACT THAT AMENDED

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THIS SECTION OR BY THE DEPARTMENT AFTER THE EFFECTIVE DATE OF THE

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2001 AMENDATORY ACT THAT AMENDED THIS SECTION from a person under

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a written agreement specifying that the record is for retention

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in the state archives, but is confidential, shall be kept confi-

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dential and shall not be open to public inspection or copying for

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a period stated in the agreement, which period shall not be more

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than 20 years or until the death of the person, whichever occurs

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first.

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(2) A record obtained by the secretary of state BEFORE THE

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EFFECTIVE DATE OF THE 2001 AMENDATORY ACT THAT AMENDED THIS SEC-

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TION OR BY THE DEPARTMENT AFTER THE EFFECTIVE DATE OF THE 2001

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AMENDATORY ACT THAT AMENDED THIS SECTION from a governmental

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agency that maintained the material on a confidential basis shall

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be kept confidential pursuant to the terms of a written

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agreement. The written agreement shall be signed by the secre-

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tary of state OR A REPRESENTATIVE OF THE DEPARTMENT and a

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representative of the donating agency, shall specify the terms

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and conditions under which the record is to be kept confidential,

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and may include provision for releasing the record for research

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purposes provided the name of each individual identified in the

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record is protected from disclosure.

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(3) This section does not apply to a record that is not

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exempt from the disclosure requirements of the freedom of infor-

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mation act, Act No. 442 of the Public Acts of 1976, as amended,

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being sections 15.231 to 15.246 of the Michigan Compiled Laws

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1976 PA 442, MCL 15.231 TO 15.246, before receipt by the secre-

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tary of state OR THE DEPARTMENT.

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Sec. 6. (1) It shall be the duty of the secretary of state

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to THE DEPARTMENT SHALL prepare for publication the material

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referred to in section 4. of this act. The volumes shall be

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printed and bound in substantial uniformity with the volumes

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issued by other historical societies and the several state

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departments. That printing, together with bulletins, including a

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historical journal, and book reprints, maps, articles, calendars,

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and related items as may be determined by the secretary of

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state DEPARTMENT, shall be paid out of the appropriations made

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by the legislature.

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(2) The secretary of state DEPARTMENT may establish,

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raise, and lower a selling price for books, reprints, maps, arti-

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cles, calendars, and related items and may sell those materials.

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Sec. 7. (1) The secretary of state DEPARTMENT shall be

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the custodian of the historical publications of the department

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of state and may distribute, exchange, or both distribute and

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exchange the publications with domestic and foreign states,

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governments, and institutions.

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(2) The secretary of state DEPARTMENT shall publish a

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journal entitled Michigan history and shall furnish 1 copy of the

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journal, free of charge, to each cooperative library in this

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state, if officially requested to do so by the officers of the

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library.

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(3) The secretary of state DEPARTMENT shall furnish to

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each member of the legislature 1 copy of each journal published

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during the legislator's term, free of charge, if requested to do

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so by the legislator.

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(4) Except as provided in subsections (2) and (3), the

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secretary of state DEPARTMENT shall sell each copy of the jour-

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nal, Michigan history, at a price set by the secretary of state

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DEPARTMENT. The printing, distribution, and promotion costs

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incurred by the journal shall be paid exclusively from the

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Michigan heritage publications fund.

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(5) The secretary of state DEPARTMENT may raise or lower

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the selling price of Michigan history to reflect changes in

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printing, distribution, and promotion costs incurred by the

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journal.

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(6) The money collected from the sale of Michigan history

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and the material listed in section 6(2) shall be credited to a

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revolving fund, WHICH IS HEREBY created by this act AND which

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is called SHALL BE REFERRED TO AS the Michigan heritage publi-

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cations fund. The money shall be used to pay the printing,

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distribution, and promotion costs of Michigan history and the

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material listed in section 6(2). The money in the revolving fund

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at the close of the fiscal year shall remain in the revolving

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fund.

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Sec. 7a. (1) The secretary of state DEPARTMENT may estab-

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lish and administer a store in the center. The store may acquire

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and sell items that pertain to the collections of the center or

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the purpose of the center, or both. Items sold by the store may

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be acquired by purchase, gift, or consignment and may be sold on

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a commission basis. The Michigan commission for the blind shall

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have priority to establish vending and cafeteria operations, as

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authorized by Act No. 260 of the Public Acts of 1978, being

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sections 1978 PA 260, MCL 393.351 to 393.368, in the center.

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(2) A charge shall be established for each item offered for

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sale at the store. The charge may include markups and discounts

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that are commensurate with industry practice. The secretary of

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state DEPARTMENT may accept cash, check, or credit card payments

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as compensation for items sold at the store. The secretary of

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state DEPARTMENT shall determine which credit cards will be

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accepted for payment. The secretary of state DEPARTMENT may

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purchase and place advertisements concerning items offered for

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sale at the store. The store may utilize the services of high

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school cooperative students and volunteers.

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(3) The museum operations fund is created in the state

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treasury. The money collected under subsection (1) shall be

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credited to and deposited in the museum operations fund and an

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unexpended balance at the close of the fiscal year shall not

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revert to the general fund but shall remain in the museum

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operations fund for future expenditures under this subsection.

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Money in the museum operations fund may be used to do any of the

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following:

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(a) Purchase artifacts for the collections of the center.

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(b) Restore artifacts in the collections of the center.

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(c) Advertise and pay for educational programs, special

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exhibits, and special events, including performers, presented at

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the center or another museum or historical facility operated by

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the secretary of state DEPARTMENT.

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(d) Provide free materials to school groups.

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(e) Purchase items offered for sale at the store.

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(f) Pay for any other expense incurred by the center or by

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another museum or historical facility administered by the

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secretary of state DEPARTMENT.

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(4) As used in this section:

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(a) "Center" means the Michigan historical center.

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(b) "Store" means the retail sales store located in the

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Michigan historical center, as authorized in this section.

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Sec. 8a. The commission DEPARTMENT shall make

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PROMULGATE rules and regulations necessary to carry out the

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provisions of this act pursuant to Act No. 88 of the Public Acts

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of 1943, as amended, being sections 24.71 to 24.82, of the

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Compiled Laws of 1948 THE ADMINISTRATIVE PROCEDURES ACT OF 1969,

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1969 PA 306, MCL 24.201 TO 24.328.

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Sec. 10. As used in this act:

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(a) "Commission" means the Michigan historical commission

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created under section 1.

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(B) "DEPARTMENT" MEANS THE DEPARTMENT OF HISTORY, ARTS, AND

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CULTURE.

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

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writing, including a document, paper, book, letter, or writing

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prepared by handwriting, typewriting, printing, photostating, or

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

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tape; a microform; a magnetic or punch card; a disc, drum, sound,

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or video recording; an electronic data processing material; or

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another recording medium, and includes individual letters, words,

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pictures, sounds, impulses, or symbols, or a combination of

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these, regardless of physical form or characteristics.

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Enacting section 1. This amendatory act does not take

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effect unless Senate Bill No. _____ or House Bill No. 4941

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(request no. 02873'01) of the 91st Legislature is enacted into

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law.

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