House Introduced Bill 4663

HOUSE BILL No. 4663

April 22, 1997, Introduced by Reps. London, McBryde, Goschka, Mans, Dalman, Leland, Olshove, Baade, Green, Gernaat, Birkholz, Byl, Middleton, Curtis, Schermesser, Schauer and Galloway and referred to the Committee on Transportation.

A bill to amend 1972 PA 222, entitled

"An act to provide for an official personal identification card;
to provide for its form, issuance and use; to provide for certain
duties of the secretary of state; and to prescribe certain penal-
ties for violations,"

by amending the title and sections 1 and 2 (MCL 28.291 and

28.292), section 2 as amended by 1996 PA 204, and by adding

sections 1a, 5a, 6, 7, 8, 9, and 10.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 TITLE

2 An act to provide for an official personal identification

3 card; to provide for its form, issuance and use; TO REGULATE THE

4 USE AND DISCLOSURE OF INFORMATION OBTAINED FROM THE CARD; to

5 provide for certain PRESCRIBE THE POWERS AND duties of the sec-

6 retary of state; TO PRESCRIBE FEES; and to prescribe certain

7 penalties for violations.

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1 Sec. 1. (1) A person who is a resident of this state may

2 apply to the department of state for an official state personal

3 identification card. Upon application the applicant shall supply

4 a birth certificate attesting to his age or other sufficient doc-

5 uments or identification as the secretary of state may require.

6 (2) THE SECRETARY OF STATE SHALL NOT ISSUE AN OFFICIAL STATE

7 PERSONAL IDENTIFICATION CARD TO A PERSON WHO HOLDS AN OPERATOR'S

8 OR CHAUFFEUR'S LICENSE ISSUED PURSUANT TO THE MICHIGAN VEHICLE

9 CODE, 1949 PA 300, MCL 257.1 TO 257.923, UNLESS THE LICENSE HAS

10 BEEN SUSPENDED, REVOKED, OR RESTRICTED.

11 SEC. 1A. AS USED IN THIS ACT:

12 (A) "HIGHLY RESTRICTED PERSONAL INFORMATION" INCLUDES AN

13 INDIVIDUAL'S PHOTOGRAPH OR IMAGE, SOCIAL SECURITY NUMBER, DIGI-

14 TIZED SIGNATURE, AND MEDICAL AND DISABILITY INFORMATION.

15 (B) "PERSONAL INFORMATION" MEANS INFORMATION THAT IDENTIFIES

16 AN INDIVIDUAL, INCLUDING THE INDIVIDUAL'S PHOTOGRAPH OR IMAGE,

17 NAME, ADDRESS (BUT NOT THE 5-DIGIT ZIP CODE), DRIVER LICENSE

18 NUMBER, SOCIAL SECURITY NUMBER, TELEPHONE NUMBER, DIGITIZED SIG-

19 NATURE, AND MEDICAL AND DISABILITY INFORMATION.

20 Sec. 2. (1) The official state personal identification card

21 shall contain the following:

22 (a) An identification number permanently assigned to the

23 person.

24 (b) The full name, date of birth, sex, residential address,

25 height, weight, eye color, image, and signature of the person to

26 whom the identification card is issued.

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1 (c) An indication that the identification card contains 1 or

2 more of the following:

3 (i) The blood type of the person.

4 (ii) Immunization data of the person.

5 (iii) Medication data of the person.

6 (iv) A statement that the person is deaf.

7 (v) A statement that the person has made an anatomical

8 gift.

9 (vi) Emergency contact information of the person.

10 (2) The secretary of state shall prescribe the form of the

11 identification card. Except as otherwise required in this

12 chapter ACT, other information required on the identification

13 card pursuant to this act may appear on the identification card

14 in a form prescribed by the secretary of state.

15 (3) The identification card shall not contain a fingerprint

16 or finger image of the applicant.

17 (4) The secretary of state may retain and use a person's

18 image described in subsection (1)(b) only for programs adminis-

19 tered by the secretary of state. Except as provided in this sub-

20 section, the secretary of state shall not use a person's image

21 unless written permission for that purpose is granted by the

22 person to the secretary of state or specific enabling legislation

23 permitting the use is enacted into law. A law enforcement agency

24 of this state shall have access to any information retained by

25 the secretary of state under this subsection. The information

26 may be utilized for any law enforcement purpose unless otherwise

27 prohibited by law.

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1 (5) If a person presents evidence of statutory blindness as

2 provided in Act No. 260 of the Public Acts of 1978, being sec-

3 tions 393.351 to 393.368 of the Michigan Compiled Laws 1978

4 PA 260, MCL 393.351 TO 393.368, and is issued or is the holder of

5 an official state personal identification card, the secretary of

6 state shall mark the person's identification card in a manner

7 that clearly indicates that the cardholder is legally blind.

8 (6) If the secretary of state issues an official state per-

9 sonal identification card to a person who at the time of applica-

10 tion is 20-1/2 years of age or less, the secretary of state shall

11 mark the person's identification card in a manner that clearly

12 indicates that the cardholder is less than 21 years of age.

13 (7) An official state personal identification card may con-

14 tain an identifier for voter registration purposes. An official

15 state personal identification card may contain information

16 appearing in electronic or machine readable codes needed to con-

17 duct a transaction with the secretary of state. The information

18 shall be limited to the person's identification card number,

19 birth date, expiration date, and other information necessary for

20 use with electronic devices, machine readers, or automatic teller

21 machines and shall not contain the person's name, address, driv-

22 ing record, or other personal identifier. The identification

23 card shall identify the encoded information.

24 (8) An official state personal identification card shall be

25 issued only upon authorization of the secretary of state, and

26 shall be manufactured in a manner to prohibit as nearly as

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1 possible the ability to reproduce, alter, counterfeit, forge, or

2 duplicate the identification card without ready detection.

3 (9) The secretary of state shall not issue an official

4 state personal identification card to a person who holds an

5 operator's or chauffeur's license issued pursuant to the Michigan

6 vehicle code, Act No. 300 of the Public Acts of 1949, being sec-

7 tions 257.1 to 257.923 of the Michigan Compiled Laws, unless the

8 license has been suspended, revoked, or restricted.

9 (9) (10) Except as otherwise provided in this act, an

10 applicant shall pay a fee of $6.00 to the secretary of state for

11 each original or renewal identification card issued. Until

12 January 1, 2002, a service fee of $1.00 shall be added to each

13 fee collected for an original or renewal identification card.

14 The department of treasury shall deposit the fees received and

15 collected under this section in the state treasury to the credit

16 of the general fund. The legislature shall appropriate the fees

17 credited to the general fund under this act to the secretary of

18 state for the administration of this act. Appropriations from

19 the Michigan transportation fund shall not be used to compensate

20 the secretary of state for costs incurred and services performed

21 under this section.

22 (10) (11) An original or renewal official state personal

23 identification card shall expire on the birthday of the person to

24 whom it is issued in the fourth year following the date of

25 issuance. The secretary of state shall not issue an official

26 state personal identification card under this act for a period

27 greater than 4 years. A person may apply for a renewal of an

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1 official state personal identification card by mail or by other

2 methods prescribed by the secretary of state.

3 (11) (12) The secretary of state shall waive the fee under

4 this section if the applicant is a person 65 years of age or

5 older, is a person who has had his or her operator's or

6 chauffeur's license suspended, revoked, or denied under Act

7 No. 300 of the Public Acts of 1949 THE MICHIGAN VEHICLE CODE,

8 1949 PA 300, MCL 257.1 TO 257.923, because of a mental or physi-

9 cal infirmity or disability, or is a person who presents evi-

10 dence of statutory blindness as provided in Act No. 260 of the

11 Public Acts of 1978 1978 PA 260, MCL 393.351 TO 393.368, OR IS A

12 PERSON WHO PRESENTS OTHER GOOD CAUSE FOR A FEE WAIVER.

13 (12) (13) A person who has been issued an official state

14 personal identification card shall apply for a renewal official

15 state personal identification card if the person changes his or

16 her name.

17 (13) (14) A person who has been issued an official state

18 personal identification card shall apply for a corrected identi-

19 fication card if he or she changes his or her residential

20 address. The secretary of state may correct the address on an

21 identification card by a method prescribed by the secretary of

22 state. A fee shall not be charged for a change of residential

23 address.

24 (14) (15) Except as otherwise provided in subsections

25 (13) (12) and (14) (13), a person who has been issued an

26 official state personal identification card may apply for a

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1 renewal official state personal identification card for 1 or more

2 of the following reasons:

3 (a) The person wants to change any information on the iden-

4 tification card.

5 (b) An identification card issued under this act is lost,

6 destroyed, OR mutilated, or becomes illegible.

7 (16) The secretary of state shall establish and maintain a

8 computerized central file of the information contained on appli-

9 cation forms received under this act. The computerized central

10 file shall be interfaced with the law enforcement information

11 network as provided in the L.E.I.N. policy council act of 1974,

12 Act No. 163 of the Public Acts of 1974, being sections 28.211 to

13 28.216 of the Michigan Compiled Laws.

14 (15) (17) A person may indicate on an official state per-

15 sonal identification card in a place designated by the secretary

16 of state his or her blood type, emergency contact information,

17 immunization data, medication data, a statement that the person

18 is deaf, or a statement that the person has made an anatomical

19 gift pursuant to part 101 of the public health code, Act No. 368

20 of the Public Acts of 1978, being sections 333.10101 to 333.10109

21 of the Michigan Compiled Laws 1978 PA 368, MCL 333.10101 TO

22 333.10109.

23 (16) (18) If an applicant provides proof to the secretary

24 of state that he or she is a minor who has been emancipated pur-

25 suant to Act No. 293 of the Public Acts of 1968, being sections

26 722.1 to 722.6 of the Michigan Compiled Laws 1968 PA 293,

27 MCL 722.1 TO 722.6, the official state personal identification

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1 card shall bear the designation of the individual's emancipated

2 status in a manner prescribed by the secretary of state.

3 SEC. 5A. (1) A PERSON WHO MAKES A FALSE REPRESENTATION OR

4 FALSE CERTIFICATION TO OBTAIN PERSONAL INFORMATION UNDER THIS

5 ACT, OR WHO USES PERSONAL INFORMATION FOR A PURPOSE OTHER THAN A

6 PERMISSIBLE PURPOSE IDENTIFIED IN SECTION 8 OR 10, IS GUILTY OF A

7 FELONY.

8 (2) A PERSON WHO IS CONVICTED OF A SECOND VIOLATION OF THIS

9 SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

10 LESS THAN 2 YEARS OR MORE THAN 7 YEARS, OR BY A FINE OF NOT LESS

11 THAN $1,500.00 OR MORE THAN $7,000.00, OR BOTH.

12 (3) A PERSON WHO IS CONVICTED OF A THIRD OR SUBSEQUENT VIO-

13 LATION OF THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY

14 IMPRISONMENT FOR NOT LESS THAN 5 YEARS OR MORE THAN 15 YEARS, OR

15 BY A FINE OF NOT LESS THAN $5,000.00 OR MORE THAN $15,000.00, OR

16 BOTH.

17 SEC. 6. RECORDS MAINTAINED UNDER THIS ACT, OTHER THAN THOSE

18 DECLARED TO BE CONFIDENTIAL BY LAW OR WHICH ARE RESTRICTED BY LAW

19 FROM DISCLOSURE TO THE PUBLIC, SHALL BE AVAILABLE TO THE PUBLIC

20 PURSUANT TO PROCEDURES PRESCRIBED IN THIS ACT, IN THE FREEDOM OF

21 INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, AND IN OTHER

22 APPLICABLE LAWS.

23 SEC. 7. (1) THE SECRETARY OF STATE MAY PROVIDE A COMMERCIAL

24 LOOK-UP SERVICE OF RECORDS MAINTAINED UNDER THIS ACT. FOR EACH

25 INDIVIDUAL RECORD LOOKED UP, THE SECRETARY OF STATE SHALL CHARGE

26 A FEE SPECIFIED ANNUALLY BY THE LEGISLATURE, OR IF THE

27 LEGISLATURE DOES NOT SPECIFY A FEE, A MARKET-BASED PRICE

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1 ESTABLISHED BY THE SECRETARY OF STATE. THE SECRETARY OF STATE

2 SHALL PROCESS A COMMERCIAL LOOK-UP REQUEST ONLY IF THE REQUEST IS

3 IN A FORM OR FORMAT AS PRESCRIBED BY THE SECRETARY OF STATE. THE

4 SECRETARY OF STATE MAY USE FEE REVENUES RECEIVED UNDER THIS SUB-

5 SECTION FOR NECESSARY EXPENSES.

6 (2) THE SECRETARY OF STATE SHALL ESTABLISH AND MAINTAIN A

7 COMPUTERIZED CENTRAL FILE OF THE INFORMATION CONTAINED ON APPLI-

8 CATION FORMS RECEIVED UNDER THIS ACT. THE COMPUTERIZED CENTRAL

9 FILE SHALL BE INTERFACED WITH THE LAW ENFORCEMENT INFORMATION

10 NETWORK AS PROVIDED IN THE L.E.I.N. POLICY COUNCIL ACT OF 1974,

11 1974 PA 163, MCL 28.211 TO 28.216.

12 (3) EXCEPT AS PROVIDED IN SECTION 10(2), THE SECRETARY OF

13 STATE SHALL NOT PROVIDE AN ENTIRE COMPUTERIZED CENTRAL FILE OR

14 OTHER FILE OF RECORDS MAINTAINED UNDER THIS ACT TO A NONGOVERN-

15 MENTAL PERSON OR ENTITY, UNLESS THE PURCHASER PAYS THE PRESCRIBED

16 FEE FOR EACH INDIVIDUAL RECORD CONTAINED WITHIN THE COMPUTERIZED

17 FILE.

18 SEC. 8. (1) EXCEPT AS PROVIDED IN THIS SECTION AND IN SEC-

19 TION 10, PERSONAL INFORMATION IN A RECORD MAINTAINED UNDER THIS

20 ACT SHALL NOT BE DISCLOSED, UNLESS THE PERSON REQUESTING THE

21 INFORMATION FURNISHES PROOF OF IDENTITY SATISFACTORY TO THE SEC-

22 RETARY OF STATE AND CERTIFIES THAT THE PERSONAL INFORMATION

23 REQUESTED WILL BE USED FOR A PERMISSIBLE PURPOSE IDENTIFIED IN

24 THIS SECTION OR IN SECTION 10. HOWEVER, HIGHLY RESTRICTED PER-

25 SONAL INFORMATION SHALL BE USED AND DISCLOSED ONLY AS EXPRESSLY

26 PERMITTED IN SECTION 2 OR IN ANOTHER APPLICABLE PROVISION OF

27 LAW.

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1 (2) PERSONAL INFORMATION IN A RECORD MAINTAINED UNDER THIS

2 ACT SHALL BE DISCLOSED BY THE SECRETARY OF STATE IF REQUIRED TO

3 CARRY OUT THE PURPOSES OF A SPECIFIED FEDERAL LAW. AS USED IN

4 THIS SECTION, "SPECIFIED FEDERAL LAW" MEANS THE AUTOMOBILE INFOR-

5 MATION DISCLOSURE ACT, PUBLIC LAW 85-506, 15 U.S.C. 1231 TO 1232

6 AND 1233, THE FORMER MOTOR VEHICLE INFORMATION AND COST SAVINGS

7 ACT, PUBLIC LAW 92-513, THE FORMER NATIONAL TRAFFIC AND MOTOR

8 VEHICLE SAFETY ACT OF 1966, PUBLIC LAW 89-563, THE ANTI-CAR THEFT

9 ACT OF 1992, PUBLIC LAW 102-519, 106 STAT. 3384, THE CLEAN AIR

10 ACT, CHAPTER 360, 69 STAT. 322, 42 U.S.C. 7401 TO 7431, 7470 TO

11 7479, 7491 TO 7492, 7501 TO 7509a, 7511 TO 7515, 7521 TO 7525,

12 7541 TO 7545, 7547 TO 7550, 7552 TO 7554, 7571 TO 7574, 7581 TO

13 7590, 7601 TO 7612, 7614 TO 7617, 7619 TO 7622, 7624 TO 7627,

14 7641 TO 7642, 7651 TO 7651o, 7661 TO 7661f, AND 7671 TO 7671q,

15 AND ALL FEDERAL REGULATIONS PROMULGATED TO IMPLEMENT THESE FED-

16 ERAL LAWS.

17 (3) PERSONAL INFORMATION IN A RECORD MAINTAINED UNDER THIS

18 ACT MAY BE DISCLOSED BY THE SECRETARY OF STATE AS FOLLOWS:

19 (A) FOR USE BY A FEDERAL, STATE, OR LOCAL GOVERNMENTAL

20 AGENCY, INCLUDING A COURT OR LAW ENFORCEMENT AGENCY, IN CARRYING

21 OUT THE AGENCY'S FUNCTIONS, OR BY A PRIVATE PERSON OR ENTITY

22 ACTING ON BEHALF OF A GOVERNMENTAL AGENCY IN CARRYING OUT THE

23 AGENCY'S FUNCTIONS.

24 (B) FOR USE IN CONNECTION WITH MATTERS OF MOTOR VEHICLE AND

25 DRIVER SAFETY OR AUTO THEFT; MOTOR VEHICLE EMISSIONS; MOTOR VEHI-

26 CLE PRODUCT ALTERATIONS, RECALLS, OR ADVISORIES; PERFORMANCE

27 MONITORING OF MOTOR VEHICLES; MOTOR VEHICLE MARKET RESEARCH

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1 ACTIVITIES, INCLUDING SURVEY RESEARCH; AND THE REMOVAL OF

2 NONOWNER RECORDS FROM THE ORIGINAL RECORDS OF MOTOR VEHICLE

3 MANUFACTURERS.

4 (C) FOR USE IN THE NORMAL COURSE OF BUSINESS BY A LEGITIMATE

5 BUSINESS, INCLUDING THE AGENTS, EMPLOYEES, AND CONTRACTORS OF THE

6 BUSINESS, BUT ONLY TO VERIFY THE ACCURACY OF PERSONAL INFORMATION

7 SUBMITTED BY AN INDIVIDUAL TO THE BUSINESS OR ITS AGENTS, EMPLOY-

8 EES, OR CONTRACTORS, AND IF THE INFORMATION AS SO SUBMITTED IS NO

9 LONGER CORRECT, TO OBTAIN THE CORRECT INFORMATION, FOR THE SOLE

10 PURPOSE OF PREVENTING FRAUD BY PURSUING LEGAL REMEDIES AGAINST,

11 OR RECOVERING ON A DEBT AGAINST, THE INDIVIDUAL.

12 (D) FOR USE IN CONNECTION WITH A CIVIL, CRIMINAL, ADMINIS-

13 TRATIVE, OR ARBITRAL PROCEEDING IN A FEDERAL, STATE, OR LOCAL

14 COURT OR GOVERNMENTAL AGENCY OR BEFORE A SELF-REGULATORY BODY,

15 INCLUDING USE FOR SERVICE OF PROCESS, INVESTIGATION IN ANTICIPA-

16 TION OF LITIGATION, AND THE EXECUTION OR ENFORCEMENT OF JUDGMENTS

17 AND ORDERS, OR PURSUANT TO AN ORDER OF A FEDERAL, STATE, OR LOCAL

18 COURT, AN ADMINISTRATIVE AGENCY, OR A SELF-REGULATORY BODY.

19 (E) FOR USE IN RESEARCH ACTIVITIES AND IN PREPARING STATIS-

20 TICAL REPORTS, IF THE PERSONAL INFORMATION IS NOT PUBLISHED,

21 REDISCLOSED, OR USED TO CONTACT INDIVIDUALS.

22 (F) FOR USE BY AN INSURER OR INSURANCE SUPPORT ORGANIZATION,

23 OR BY A SELF-INSURED ENTITY, OR ITS AGENTS, EMPLOYEES, OR CON-

24 TRACTORS, IN CONNECTION WITH CLAIMS INVESTIGATING ACTIVITY, ANTI-

25 FRAUD ACTIVITY, RATING, OR UNDERWRITING.

26 (G) FOR USE IN PROVIDING NOTICE TO THE OWNER OF AN

27 ABANDONED, TOWED, OR IMPOUNDED VEHICLE.

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1 (H) FOR USE EITHER BY A PRIVATE DETECTIVE OR PRIVATE

2 INVESTIGATOR LICENSED UNDER THE PRIVATE DETECTIVE LICENSE ACT OF

3 1965, 1965 PA 285, MCL 338.821 TO 338.851, OR BY A PRIVATE SECUR-

4 ITY GUARD AGENCY OR ALARM SYSTEM CONTRACTOR LICENSED UNDER THE

5 PRIVATE SECURITY GUARD ACT OF 1968, 1968 PA 330, MCL 338.1051 TO

6 338.1085, ONLY FOR A PURPOSE PERMITTED UNDER THIS SECTION.

7 (I) FOR USE BY AN EMPLOYER, OR THE EMPLOYER'S AGENT OR

8 INSURER, TO OBTAIN OR VERIFY INFORMATION RELATING EITHER TO THE

9 HOLDER OF A COMMERCIAL DRIVER LICENSE THAT IS REQUIRED UNDER THE

10 COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1966, TITLE XII OF PUBLIC

11 LAW 99-570, 100 STAT. 3207-170, OR TO THE HOLDER OF A CHAUFFEUR'S

12 LICENSE THAT IS REQUIRED UNDER CHAPTER 3 OF THE MICHIGAN VEHICLE

13 CODE, 1949 PA 300, MCL 257.301 TO 257.329.

14 (J) FOR USE BY A CAR RENTAL BUSINESS, OR ITS EMPLOYEES,

15 AGENTS, CONTRACTORS, OR SERVICE FIRMS, FOR THE PURPOSE OF MAKING

16 RENTAL DECISIONS.

17 (K) FOR ANY USE BY A REQUESTER, IF THE REQUESTER HAS

18 OBTAINED WRITTEN CONSENT FROM THE INDIVIDUAL ABOUT WHOM THE

19 INFORMATION PERTAINS AND HAS PROVIDED PROOF OF RECEIPT OF THE

20 WRITTEN CONSENT TO THE SECRETARY OF STATE.

21 SEC. 9. (1) AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION

22 DISCLOSED UNDER SECTION 8 MAY RESELL OR REDISCLOSE THE INFORMA-

23 TION ONLY FOR A USE PERMITTED UNDER SECTION 8.

24 (2) AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION DIS-

25 CLOSED UNDER SECTION 8 WHO RESELLS OR REDISCLOSES THE INFORMATION

26 SHALL DO BOTH OF THE FOLLOWING:

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1 (A) MAKE AND KEEP FOR A PERIOD OF NOT LESS THAN 5 YEARS

2 RECORDS IDENTIFYING EACH PERSON WHO RECEIVED PERSONAL INFORMATION

3 FROM THE AUTHORIZED RECIPIENT AND THE PERMITTED USE FOR WHICH IT

4 WAS OBTAINED.

5 (B) ALLOW A REPRESENTATIVE OF THE SECRETARY OF STATE, UPON

6 REQUEST, TO INSPECT AND COPY RECORDS IDENTIFYING EACH PERSON WHO

7 RECEIVED PERSONAL INFORMATION FROM THE AUTHORIZED RECIPIENT AND

8 THE PERMITTED USE FOR WHICH IT WAS OBTAINED.

9 SEC. 10. (1) UPON REQUEST, THE SECRETARY OF STATE MAY FUR-

10 NISH A LIST OF INFORMATION FROM THE RECORDS OF THE DEPARTMENT

11 MAINTAINED UNDER THIS ACT TO A FEDERAL, STATE, OR LOCAL GOVERN-

12 MENTAL AGENCY FOR USE IN CARRYING OUT THE AGENCY'S FUNCTIONS, OR

13 TO A PRIVATE PERSON OR ENTITY ACTING ON BEHALF OF A GOVERNMENTAL

14 AGENCY FOR USE IN CARRYING OUT THE AGENCY'S FUNCTIONS. UNLESS

15 OTHERWISE PROHIBITED BY LAW, THE SECRETARY OF STATE MAY CHARGE

16 THE REQUESTING AGENCY A PREPARATION FEE TO COVER THE COST OF PRE-

17 PARING AND FURNISHING A LIST PROVIDED UNDER THIS SUBSECTION IF

18 THE COST OF PREPARATION EXCEEDS $25.00, AND USE THE REVENUES

19 RECEIVED FROM THE SERVICE TO DEFRAY NECESSARY EXPENSES. THE SEC-

20 RETARY OF STATE MAY REQUIRE THE REQUESTING AGENCY TO FURNISH 1 OR

21 MORE BLANK COMPUTER TAPES, CARTRIDGES, OR OTHER ELECTRONIC MEDIA

22 AND MAY REQUIRE THE AGENCY TO EXECUTE A WRITTEN MEMORANDUM OF

23 AGREEMENT AS A CONDITION OF OBTAINING A LIST OF INFORMATION UNDER

24 THIS SUBSECTION.

25 (2) THE SECRETARY OF STATE MAY CONTRACT FOR THE SALE OF

26 LISTS OF RECORDS MAINTAINED UNDER THIS ACT IN BULK, IN ADDITION

27 TO THOSE LISTS DISTRIBUTED AT COST OR AT NO COST UNDER THIS

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1 SECTION, FOR ANY OF THE PURPOSES PERMITTED UNDER SECTION 8(3) AS

2 WELL AS FOR PURPOSES OF SURVEYS, MARKETING, AND SOLICITATIONS.

3 THE SECRETARY OF STATE SHALL REQUIRE EACH PURCHASER OF INFORMA-

4 TION IN BULK TO EXECUTE A WRITTEN PURCHASE CONTRACT. THE SECRE-

5 TARY OF STATE SHALL FIX A MARKET-BASED PRICE FOR THE SALE OF

6 LISTS OF BULK INFORMATION, WHICH MAY INCLUDE PERSONAL

7 INFORMATION. THE PROCEEDS FROM EACH SALE SHALL BE USED BY THE

8 SECRETARY OF STATE TO DEFRAY THE COSTS OF LIST PREPARATION AND

9 FOR OTHER NECESSARY OR RELATED EXPENSES.

10 (3) BEFORE SELLING AND FURNISHING ANY LIST OF INFORMATION

11 UNDER SUBSECTION (2) FOR SURVEYS, MARKETING, AND SOLICITATIONS,

12 THE SECRETARY OF STATE SHALL IMPLEMENT METHODS AND PROCEDURES

13 THAT ACCOMPLISH BOTH OF THE FOLLOWING:

14 (A) PROVIDING INDIVIDUALS WITH A CONSPICUOUS OPPORTUNITY,

15 THROUGH A TELEPHONIC OR OTHER AUTOMATED OR EFFICIENT SYSTEM, TO

16 NOTIFY THE SECRETARY OF STATE OF THEIR DESIRE TO PROHIBIT THE

17 DISCLOSURE OF PERSONAL INFORMATION CONCERNING THEM, FOR PURPOSES

18 OF SURVEYS, MARKETING, AND SOLICITATIONS.

19 (B) ENSURING THAT PERSONAL INFORMATION DISCLOSED IN BULK

20 WILL BE USED, RENTED, OR SOLD SOLELY FOR USES PERMITTED UNDER

21 THIS ACT, AND THAT SURVEYS, MARKETING, AND SOLICITATIONS WILL NOT

22 BE DIRECTED AT THOSE INDIVIDUALS WHO IN A TIMELY FASHION HAVE

23 REQUESTED THAT SURVEYS, MARKETING, AND SOLICITATIONS NOT BE

24 DIRECTED AT THEM.

25 (4) THE SECRETARY OF STATE MAY INSERT ANY SAFEGUARD THE SEC-

26 RETARY CONSIDERS REASONABLE OR NECESSARY, INCLUDING A BOND

27 REQUIREMENT, IN A MEMORANDUM OF AGREEMENT OR PURCHASE CONTRACT

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1 EXECUTED UNDER THIS SECTION, TO ENSURE THAT THE INFORMATION

2 PROVIDED OR SOLD IS USED ONLY FOR A PERMISSIBLE USE AND THAT THE

3 RIGHTS OF INDIVIDUALS AND OF THE DEPARTMENT ARE PROTECTED.

4 (5) AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION DIS-

5 CLOSED UNDER THIS SECTION WHO RESELLS OR REDISCLOSES THE INFORMA-

6 TION FOR SURVEY, MARKETING, AND SOLICITATIONS SHALL DO BOTH OF

7 THE FOLLOWING:

8 (A) MAKE AND KEEP FOR A PERIOD OF NOT LESS THAN 5 YEARS

9 RECORDS IDENTIFYING EACH PERSON WHO RECEIVED PERSONAL INFORMATION

10 FROM THE AUTHORIZED RECIPIENT AND THE PERMITTED PURPOSE FOR WHICH

11 IT WAS OBTAINED.

12 (B) ALLOW A REPRESENTATIVE OF THE SECRETARY OF STATE, UPON

13 REQUEST, TO INSPECT AND COPY RECORDS IDENTIFYING EACH PERSON WHO

14 RECEIVED PERSONAL INFORMATION FROM THE AUTHORIZED RECIPIENT AND

15 THE PERMITTED PURPOSE FOR WHICH IT WAS OBTAINED.

16 (6) THE SECRETARY OF STATE SHALL NOT DISCLOSE A LIST BASED

17 ON DRIVING BEHAVIOR OR SANCTIONS TO A NONGOVERNMENTAL AGENCY,

18 INCLUDING AN INDIVIDUAL.

19 Enacting section 1. This amendatory act takes effect July

20 1, 1997.

21 Enacting section 2. This amendatory act does not take

22 effect unless both of the following bills of the 89th Legislature

23 are enacted into law:

24 (a) Senate Bill No. ________ or House Bill No. ________

25 (request no. 02079'97).

26 (b) Senate Bill No. ________ or House Bill No. ________

27 (request no. 02079'97 b).

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