March 12, 2013, Introduced by Reps. Lane, Price, Schor, Rutledge, Haugh, Forlini, Lipton, Victory and Oakes and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding sections 1426 and 1428; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 in accordance with a
written agreement without charging a fee to another court or to a
public agency. 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agreement may be rescinded or terminated by either party before the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) 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. 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.
(5) 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.
Enacting section 1. 1949 PA 66, MCL 780.221 to 780.225, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4416(request no.
00298'13).
(b) Senate Bill No.____ or House Bill No. 4415(request no.
00299'13).
(c) Senate Bill No.____ or House Bill No. 4412(request no.
00300'13).
(d) Senate Bill No.____ or House Bill No. 4413(request no.
00301'13).
(e) Senate Bill No.____ or House Bill No. 4417(request no.
00302'13).