HOUSE BILL No. 4950


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


        A bill to amend 1992 PA 116, entitled

   "Records media act,"

   by amending section 2 (MCL 24.402).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 2.  (1) Except to the extent limited by law, if a gov-

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      ernmental entity or a governmental official acting in his or her

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      official capacity reproduces a record, the reproduction may be

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      created using any of the following media, subject to subsection

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      (2):

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           (a) Photograph.

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           (b) Photocopy.

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           (c) Microcopy.

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           (d) Optical storage disc, as of the effective date of rules,

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      to be promulgated pursuant to subsection (2), that govern optical

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      storage discs.  However, this act does not prohibit the


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      utilization of an optical storage disc system purchased by this

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      state before the effective date of this act pursuant to legisla-

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      tive appropriations, unless the director of the department of

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      management and budget finds that the system is not capable of

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      creating reproductions that are equivalent to photographs or

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      microcopies.  The director of the department of management and

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      budget shall transmit such a finding to the state department or

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      agency utilizing the optical storage disc system and to the house

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      and senate appropriations committees.

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           (2) Pursuant to the administrative procedures act of 1969,

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       Act No. 306 of the Public Acts of 1969, being sections 24.201 to

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      24.328 of the Michigan Compiled Laws  1969 PA 306, MCL 24.201 TO

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      24.328, the department of  state  HISTORY, ARTS, AND CULTURE and

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      the department of management and budget shall jointly promulgate

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      rules that govern the creating, processing, indexing, storage,

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      retrieval, durability, and inspection of reproductions by a gov-

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      ernmental entity or governmental official acting in his or her

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      official capacity.  With respect to information systems that uti-

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      lize digital data in a medium listed in subsection (1) for the

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      reproduction of records, the rules shall do all of the

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      following:

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           (a) Set forth data interchangeability standards.

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           (b) Ensure continued maintenance of and access to the

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      records by requiring the conversion of the digital data medium or

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      the modification or replacement of the computer hardware or com-

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      puter software before the digital data medium, algorithms,

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      computer hardware, or computer software become obsolete.



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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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