September 29, 2015, Introduced by Senators O'BRIEN and HORN and referred to the Committee on Outdoor Recreation and Tourism.
A bill to create the Michigan historical center; to prescribe
the authority of the center; to provide for the archives of
Michigan and the Michigan historical museum to be under the control
and supervision of the center; to provide stewardship for the
museum and archival collection of this state; to provide for the
management of state and local government records of archival value;
to prescribe the powers and duties of certain state and local
agencies and officials; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan historical center act".
Sec. 2. As used in this act:
(a) "Archives" means the archives of Michigan.
(b) "Center" means the Michigan historical center.
(c) "Commission" means the Michigan historical commission
created in the Michigan historical commission act.
(d) "Department" means the department of natural resources.
(e) "Director" means the director of the department.
(f) "Museum" means the Michigan historical museum.
(g) "Operations fund" means the Michigan historical center
operations fund created in section 8.
(h) "Publications fund" means the Michigan heritage
publications fund created in section 5.
(i) "Record" means any of the following:
(i) A document, paper, book, letter, or writing, including a
document, paper, book, letter, or writing prepared by handwriting,
typewriting, printing, photostating, photocopying, or electronic
medium.
(ii) A photograph.
(iii) A film.
(iv) A map.
(v) A magnetic or paper tape.
(vi) A microform.
(vii) A magnetic or punch card.
(viii) A disc, drum, sound, or video recording.
(ix) An electronic data processing material.
(x) Recorded information in any electronic or digital file
format, including individual letters, words, pictures, sounds,
impulses, or symbols.
(xi) A combination of items listed in subparagraphs (i) to
(x), regardless of physical form or characteristics.
(j) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(k) "Store" means the retail store operated by the center.
Sec. 3. (1) The Michigan historical center is established in
the department.
(2) The archives of Michigan and the Michigan historical
museum shall be operated under the control and supervision of the
center.
(3) Using modern professional practices, the center shall do
all of the following:
(a) Advise the department on history policies and programs and
serve as a forum for citizen concerns and input.
(b) Collect, provide stewardship for, and interpret materials,
including, but not limited to, archival records in all available
media, artifacts, oral histories, and published family history
references, that document and illustrate the history of this state
and its people. The center shall make these materials available to
the public in a manner consistent with their preservation for
future generations, using techniques that include, but are not
limited to, museum exhibits, historical markers, public programs,
public research facilities, and online materials.
(c) Create Michigan-focused educational programs and materials
that reinforce adopted state educational standards.
(d) Provide professional assistance to other state and local
government agencies related to records designated for preservation
by approved records retention schedules.
(e) Use its resources to support heritage tourism and
community development in this state.
(f) Represent this state in its partnership with the Thunder
Bay National Marine Sanctuary and Underwater Preserve.
(4) Funds collected by the center for historical markers,
document reproduction and services, conferences, admissions,
workshops, training classes, and the use of specialized equipment,
facilities, exhibits, collections, and software shall be used for
expenses necessary to provide the required services. Subject to the
annual appropriations process, the center may charge reasonable
fees for admissions and other services described in this
subsection.
(5) The center may accept gifts and bequests, including
tangible and intangible property, for the furtherance of its
authorized purposes.
(6) Money collected under this section shall be forwarded to
the state treasurer for deposit into the operations fund.
Sec. 4. (1) The center may prepare historical materials for
publication in print, electronic, or other format and sell those
items at a reasonable price.
(2) The department may establish, raise, and lower a selling
price for books, reprints, maps, articles, calendars, and related
items and may sell those materials. However, those materials shall
be sold at a reasonable price.
(3) The center and the Historical Society of Michigan both
have an interest in materials published in association with
Michigan History magazine prior to October 1, 2009. The Historical
Society of Michigan shall be considered the owner of all such
materials published after that date.
(4) The money collected from the sale of all publications or
other materials described in this section shall be credited to the
publications fund.
Sec. 5. (1) The Michigan heritage publications fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the publications fund. The state
treasurer shall direct the investment of the publications fund. The
state treasurer shall credit to the publications fund interest and
earnings from publications fund investments.
(3) Money in the publications fund at the close of the fiscal
year shall remain in the publications fund and shall not lapse to
the general fund.
(4) The department shall be the administrator of the
publications fund for auditing purposes.
(5) The department shall use money in the publications fund,
upon appropriation, to pay the production, printing, distribution,
and promotion costs of historical materials listed in section 4 and
to support center programs.
Sec. 6. (1) The department may authorize the center to
establish and operate a store. The store may acquire and sell items
that pertain to the collections of the center or the purpose of the
center. Items sold by the store may be acquired by purchase, gift,
or consignment and may be sold at the discretion of the center. The
center shall allow a blind person to have priority to establish
vending and cafeteria operations at the center, as authorized by
1978 PA 260, MCL 393.351 to 393.368.
(2) A charge shall be established for each item offered for
sale at the store. The charge may include markups and discounts
that are commensurate with industry practice. The department may
accept cash, check, or credit card payments as compensation for
items sold at the store. The department shall determine which
credit cards will be accepted for payment. The department may
purchase and place advertisements concerning items offered for sale
at the store. The store may utilize the services of high school
cooperative students and volunteers.
(3) Money collected under this section shall be forwarded to
the state treasurer for deposit into the operations fund.
(4) For purposes of administering the museum store, the
department is exempt from section 261 of the management and budget
act, 1984 PA 431, MCL 18.1261.
Sec. 7. (1) Within the center, Michigan historical museum
responsibilities include, but are not limited to, accessioning and
deaccessioning artifacts that should be preserved for future
generations, providing stewardship for and access to those
artifacts, managing historic sites and museums that are owned by
the state, creating interpretive plans and exhibits for its managed
sites and other sites within the department with the exception of
those operated by the Mackinac State Historic Parks, and
administering programs that support and extend the visitor
experience at its managed sites.
(2) Proceeds in excess of costs incurred in the conduct of
auctions, sales, or transfers of artifacts no longer considered
suitable for the collection of the museum may be expended upon
receipt for additional materials for the collection. The department
shall notify the chairpersons, vice-chairpersons, and minority
vice-chairpersons of the senate and house appropriations
subcommittees on natural resources 1 week prior to any auctions or
sales.
(3) Money collected under this section shall be forwarded to
the state treasurer for deposit into the operations fund.
Sec. 8. (1) The Michigan historical center operations fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the operations fund. The state
treasurer shall direct the investment of the operations fund. In
consultation with the department, the state treasurer may create
subaccounts within the operations fund. The state treasurer shall
credit to the operations fund interest and earnings from operations
fund investments.
(3) Money in the operations fund at the close of the fiscal
year shall remain in the operations fund and shall not lapse to the
general fund.
(4) The department shall be the administrator of the
operations fund for auditing purposes.
(5) The department shall expend money in the operations fund,
upon appropriation, to do any of the following:
(a) Purchase artifacts for the collections of the center.
(b) Restore artifacts in the collections of the center.
(c) Advertise and pay for educational programs, special
exhibits, and special events, including performers, presented at
the center or another museum or historical facility operated by the
department.
(d) Provide free materials to school groups.
(e) Purchase items offered for sale at the store.
(f) Pay for any other expense incurred by the center.
Sec. 9. Within a site the center operates, the archives of
Michigan shall provide stewardship for archival records in all
media, oral histories, and published family history reference
materials. The archives' responsibilities include, but are not
limited to, determining which state government records should be
transferred to the archives for permanent preservation, collecting
and preserving other records that document life in this state,
creating on-site and online access to its collections, certifying
state documents, including the current state constitution, for
legal purposes, and working with local governments to ensure the
preservation of their archival records.
Sec. 10. (1) A record obtained by the archives from a
governmental agency that maintained the material on a confidential
basis shall be kept confidential pursuant to the terms of a written
agreement. The written agreement shall be signed by the director or
a representative of the department and a representative of the
donating agency, shall specify the terms and conditions under which
the record is to be kept confidential, and may include a provision
for releasing the record for research purposes if the name of each
individual identified in the record is protected from disclosure.
(2) If the archives obtains a record from a person under a
written agreement specifying that the record is confidential, the
archives shall keep the record confidential and not make the record
open to public inspection or copying for the period stated in the
agreement, which shall not be more than 20 years, or shall
terminate at the death of the person, whichever occurs first.
(3) This section applies only to a record that is exempt from
the disclosure requirements of the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246, before receipt by the archives.
(4) A public record that is classified as confidential,
including, but not limited to, birth records and death records,
shall be made available for inspection and copying 75 years after
the creation of that record. However, birth name indexes shall be
made available after 100 years and a birth record shall be made
available for inspection and copying 110 years after the creation
of that record.
Sec. 11. (1) The archives may collect from the public offices
in this state records that are not in current use and are of value,
in the opinion of the archives. A public official shall assist the
archives in the collection of these records. The archives is the
legal custodian of these records collected and transferred to its
possession. The archives shall provide for record preservation,
classification, arranging, and indexing so that they may be made
available for the use of the public. If the archives determines
that a public institution has a fireproof building and suitable
arrangements for carefully keeping and safely storing a county's
records, records may be left in the possession of that institution.
A list of the county records in the possession of another public
institution shall be furnished to the archives and shall be kept in
its office. A copy of the finding of the archives that such
depository is a safe and a proper one in its opinion shall be made
a part of the official records of the archives. If made and
certified to by the archivist of the center, a copy of such a
record shall be admitted in evidence in court, with the same effect
as if certified to by the original custodian of the record.
(2) A record that is required to be kept by a public officer
in the discharge of duties imposed by law, that is required to be
filed in a public office, or that is a memorial of a transaction of
a public officer made in the discharge of a duty is the property of
this state and shall not be disposed of, mutilated, or destroyed
except as provided by law. This section does not apply to a bond,
bill, note, interest coupon, or other evidence of indebtedness
issued by a state, county, multicounty, school, or municipal
agency, department, board, commission, or institution of
government. The directing authority of each state, county,
multicounty, school, or municipal agency, department, board,
commission, or institution of government shall present to the
archives a certified schedule governing disposal of, or a certified
list or description of, the records that are useless and of no
value to the governmental agency and to its duties to the public.
The archives shall then inspect the records and shall requisition
for transfer from the directing authority to the archives those
records that the archives considers valuable.
(3) As soon as possible after the inspection by the archives
and the transfer of records considered valuable are completed, the
directing authority of the agency, department, board, commission,
or institution shall submit the records retention schedule
governing the disposal of, or the remainder of the list of, the
records to the state administrative board, which shall approve or
disapprove the disposal schedule or list and order the destruction
of the valueless records accordingly.
Sec. 12. The department may promulgate rules necessary to
implement this act.
Enacting section 1. 1913 PA 271, MCL 399.1 to 399.10, is
repealed.
Enacting section 2. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 3. This act does not take effect unless
Senate Bill No. 521
of the 98th Legislature is enacted into law.