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Record Management Laws
The following Michigan laws address the responsibilities of government agencies and employees to manage and preserve records in all formats. The Michigan Complied Laws (MCL) are available online at http://www.legislature.mi.gov/.
MCL 15.231-15.232 (Freedom of Information Act, Definitions)
This law contains the most frequently cited definition of a public record. There are many other definitions within Michigan law, but those do not contradict this definition.
MCL 18.1284-18.1292 (Management and Budget Act, Records Management)
This law establishes that state agencies are responsible for maintaining the records that document their activities. It requires DTMB to have a records management program that provides direction, training and services to state agencies. The records management program is responsible for establishing Retention and Disposal Schedules for the official records of each state agency.
MCL 24.401-24.406 (Records Reproduction Act)
This law allows government agencies to reproduce records using various technologies (including microfilming and digital imaging). It requires agencies to comply with standards approved by the State of Michigan to ensure that the reproductions are accessible, usable, authentic, and reliable.
MCL 399.809-399.812 (Michigan History Center Act)
This law allows the Archives of Michigan to collect and permanently preserve historical records created by Michigan government agencies. It requires that all Michigan government records must be listed on an approved Retention and Disposal Schedule, and that records cannot be destroyed without the authorization of an approved schedule.
MCL 600.1428 (Revised Judicature Act of 1961)
This law authorizes the state court administrative office to establish and maintain records management policies and procedures for the courts.
MCL 750.491 (Penal Code, Public Records)
This law declares that official Michigan government records are the public property. It establishes misdemeanor penalties for destroying a record without the authorization of an approved Retention and Disposal Schedule.