SB-0559, As Passed Senate, October 5, 2017

SUBSTITUTE FOR

SENATE BILL NO. 559

     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 this state of

Michigan or its political subdivisions , are declared to be public

property , belonging to the people of the this state. of Michigan.

All such 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 section 11 of the Michigan history center act, 2016 PA 470,

MCL 399.811, 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. Any the revised judicature act of 1961, 1961

PA 236, MCL 600.2137 and 600.2138.

     (2) A person who shall wilfully not willfully carry away,

mutilate, or destroy any of such the books, papers, records, or any

part of the same, and any person who shall a book, paper, or record

described in subsection (1) and shall not retain and continue to

hold the possession of any those books, papers, or records, or

parts thereof, belonging to the aforesaid offices of those books,

papers, or records and shall refuse to deliver up such those books,

papers, records, or parts thereof of those books, papers, or

records to the proper officer having charge of the office to which

such those books, papers, or records belong , upon demand being

made by such that officer or, in cases of a defunct if the office

is defunct, the Michigan historical commission, shall be history

center created in the Michigan history center act, 2016 PA 470, MCL

399.801 to 399.812. A person who violates this section 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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 564 of the 99th Legislature is enacted into

law.