Bill Text: MI HB5318 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Records; public; penalties for noncompliance with maintenance and disclosure of school board records; provide for. Amends sec. 492 of 1931 PA 328 (MCL 750.492).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Printed Bill Filed 02/01/2012 [HB5318 Detail]

Download: Michigan-2011-HB5318-Introduced.html

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HOUSE BILL No. 5318

 

January 31, 2012, Introduced by Rep. Goike and referred to the Committee on Education.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 492 (MCL 750.492), as amended by 2002 PA 672.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 492. (1) Any officer having the custody of any county,

 

city, or township records in this state or school board records

 

under section 1202 of the revised school code, 1976 PA 451, MCL

 

380.1202, who shall when requested fail fails or neglect neglects

 

when requested to furnish proper and reasonable facilities for the

 

inspection and examination of the records and files in his or her

 

office and for making memoranda of transcripts therefrom from those

 

records and files during the usual business hours, which shall not

 

be less than 4 hours per day, to any person having occasion to make

 

examination of who has requested to examine them for any lawful

 

purpose is guilty of a misdemeanor punishable by imprisonment for

 

not more than 1 year or a fine of not more than $1,000.00, or both.

 

     (2) The custodian of said the records and files described in

 

subsection (1) may make such reasonable rules with reference to the

 

inspection and examination of them the records and files as shall

 

be are necessary for the protection of said those records and files

 

and to prevent interference with the regular discharge of the

 

duties of such that officer. The officer shall prohibit the use of

 

pen and ink in making copies or notes of those records and files.

 

in his or her office. No books, records, and or files shall be

 

removed from the office of the custodian thereof, officer except by

 

the as follows:

 

     (a) By court order. of the judge of any court of competent

 

jurisdiction, or in response

 

     (b) Pursuant to a lawfully issued subpoena. duces tecum issued

 

therefrom, or for

 

     (c) For an audit purposes conducted pursuant to under 1919 PA

 

71, MCL 21.41 to 21.55, 1929 PA 52, MCL 14.141 to 14.145, or the

 

uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to

 

141.440a, with the permission of the official having custody of the

 

records if the official is given a receipt listing the records

 

being removed.

 

     (3) If an officer described in subsection (1) fails to comply

 

with the requirements of this section, the attorney general, the

 

prosecuting attorney of the county in which the officer serves, or

 

any other person may commence a civil action to compel compliance

 

or to enjoin further noncompliance with this section.

 

     (4) An action for injunctive relief under this section shall

 

be commenced in the circuit court in the county in which the

 

officer serves. If a person commences an action for injunctive

 

relief under this section, that person shall not be required to

 

post security as a condition for obtaining a preliminary injunction

 

or a temporary restraining order.

 

     (5) If a person commences a civil action under this section

 

against an officer for injunctive relief to compel compliance or to

 

enjoin further noncompliance and succeeds in obtaining relief in

 

the action, the person shall recover court costs and actual

 

attorney fees for the action.