January 23, 2007, Introduced by Rep. Ball and referred to the Committee on Government Operations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 491 (MCL 750.491).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 491. (1) All official books, papers, or records created
by or received in any office or agency of the state of Michigan or
its political subdivisions, including any books, papers, or records
created, generated, sent, communicated, received, or stored by
electronic
means, are declared to be public
property, belonging and
belong to the people of the state of Michigan. All books, papers,
or
records shall be disposed of only as provided in section 13c of
Act
No. 51 of the Public Acts of the First Extra Session of 1948,
as
added, being section 18.13c of the Compiled Laws of 1948,
section
5 of Act No. 271 of the Public Acts of 1913, as amended,
being
section 399.5 of the Compiled Laws of 1948 and sections 2137
and
2138 of Act No. 236 of the Public Acts of 1961, being sections
600.2137
and 600.2138 of the Compiled Laws of 1948 sections 201,
285, 287, and 289 of the management and budget act, 1984 PA 431,
MCL 18.1201, 18.1285, 18.1287, and 18.1289, section 5 of 1913 PA
271, MCL 399.5, and sections 2137 and 2138 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2137 and 600.2138.
(2) Any
person who shall wilfully carry away, mutilate or
destroy
any of such willfully carries
away, mutilates, or destroys
any
official books, papers, records, or
any part of the same, and
any
person who shall retain and continue or who retains or
continues to hold the possession of any official books, papers, or
records,
or parts thereof of the
same, belonging to the aforesaid
offices
and shall refuse state and
refuses to deliver up such those
books,
papers, records, or parts thereof of the same to the proper
requesting
officer having charge of the office to
which such those
books,
papers, or records belong, upon demand being made by such
officer
or, in cases of a defunct office,
the Michigan historical
commission,
shall be is guilty of a misdemeanor , punishable by
imprisonment in the state prison for not more than 2 years or by a
fine of not more than $1,000.00.