House Introduced Bill 5230

HOUSE BILL No. 5230


     January 25, 2000, Introduced by Rep. Kuipers 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 regulate the use
   and disclosure of information obtained from the card; to pre-
   scribe the powers and duties of the secretary of state; to pre-
   scribe fees; and to prescribe certain penalties for violations,"

   by amending sections 7 and 10 (MCL 28.297 and 28.300), as added

   by 1997 PA 99.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 7.  (1) The secretary of state may provide a commercial

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      look-up service of THOSE records maintained under this act THAT

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      ARE SPECIFICALLY AUTHORIZED BY STATE OR FEDERAL LAW TO BE

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      DISCLOSED.  For each individual record looked up, the secretary

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      of state shall charge a fee specified annually by the legisla-

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      ture, or if the legislature does not specify a fee, a

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      market-based price established by the secretary of state.  The

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      secretary of state shall process a commercial look-up request


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      only if the request is in a form or format as prescribed by the

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      secretary of state.  The secretary of state may use fee revenues

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      received under this subsection for necessary expenses.

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           (2) The secretary of state shall establish and maintain a

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      computerized central file of the information contained on appli-

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      cation forms received under this act.  The computerized central

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      file shall be interfaced with the law enforcement information

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

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      1974 PA 163, MCL 28.211 to 28.216.

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           (3)  Except as provided in section 10(2), the  THE secretary

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      of state shall not provide an entire computerized central file or

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      other file of records maintained under this act to a nongovern-

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      mental person or entity, unless  the purchaser  DISCLOSURE OF THE

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      RECORDS TO A NONGOVERNMENTAL PERSON OR ENTITY IS SPECIFICALLY

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      AUTHORIZED BY STATE OR FEDERAL LAW, AND THAT PERSON OR ENTITY

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      pays the prescribed fee for each individual record contained

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      within the computerized file.

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           Sec. 10.  (1) Upon request, the secretary of state may fur-

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      nish a list of information from the records of the department

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      maintained under this act to a federal, state, or local govern-

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      mental agency for use in carrying out the agency's functions, or

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      to a private person or entity acting on behalf of a governmental

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      agency for use in carrying out the agency's functions.  Unless

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      otherwise prohibited by law, the secretary of state may charge

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      the requesting agency a preparation fee to cover the cost of pre-

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      paring and furnishing a list provided under this subsection if

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      the cost of preparation exceeds $25.00, and use the revenues



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      received from the service to defray necessary expenses.  The

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      secretary of state may require the requesting agency to furnish 1

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      or more blank computer tapes, cartridges, or other electronic

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      media and may require the agency to execute a written memorandum

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      of agreement as a condition of obtaining a list of information

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      under this subsection.

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            (2) The secretary of state may contract for the sale of

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      lists of records maintained under this act in bulk, in addition

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      to those lists distributed at cost or at no cost under this sec-

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      tion, for any of the purposes permitted under section 8(3) as

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      well as for purposes of surveys, marketing, and solicitations.

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      The secretary of state shall require each purchaser of informa-

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      tion in bulk to execute a written purchase contract.  The secre-

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      tary of state shall fix a market-based price for the sale of

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      lists of bulk information, which may include personal

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      information.  The proceeds from each sale shall be used by the

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      secretary of state to defray the costs of list preparation and

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      for other necessary or related expenses.

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           (3) Before selling and furnishing any list of information

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      under subsection (2) for surveys, marketing, and solicitations,

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      the secretary of state shall implement methods and procedures

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      that accomplish all of the following:

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           (a) Furnish individuals with a conspicuous opportunity to be

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      informed of their right to prohibit the disclosure of personal

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      information about them for purposes of surveys, marketing, and

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      solicitations through an ongoing public information campaign

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      which shall include the use of printed signs in branch offices



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      and notices included with application and renewal forms to the

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      extent that the secretary of state continues to use paper forms

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      for those purposes, and may include periodic press releases,

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      public service announcements, advertisements, pamphlets, notices

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      in electronic media, and other types of notice.  Each printed

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      sign shall be not less than 8-1/2 inches wide by 11 inches high

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      and contain a caption in not less than 46-point type.  If the

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      secretary of state furnishes notice on forms, the information

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      printed on the forms shall be similar to the information printed

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      on branch office signs.  The secretary of state shall review the

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      public information campaign on an annual basis in order to update

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      notice content and furnish notice by more effective means.

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           (b) Provide individuals with a conspicuous opportunity,

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      through a telephonic, automated, or other efficient system, to

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      notify the secretary of state of their desire to prohibit the

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      disclosure of personal information about them, for purposes of

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      surveys, marketing, and solicitations.  The secretary of state

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      may contract with another public or private person or agency to

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      implement this subdivision.

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           (c) Ensure that personal information disclosed in bulk will

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      be used, rented, or sold solely for uses permitted under this

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      act, and that surveys, marketing, and solicitations will not be

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      directed at those individuals who in a timely fashion have noti-

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      fied the secretary of state that surveys, marketing, and solici-

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      tations should not be directed at them.

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           (4) The secretary of state may insert any safeguard the

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      secretary considers reasonable or necessary, including a bond



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      requirement, in a memorandum of agreement or purchase contract

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      executed under this section, to ensure that the information pro-

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      vided or sold is used only for a permissible use and that the

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      rights of individuals and of the department are protected. 

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           (2)  (5)  THE SECRETARY OF STATE SHALL NOT SELL OR DISCLOSE

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      TO A PRIVATE PERSON OR ENTITY PERSONAL INFORMATION FROM THE

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      RECORDS OF THE DEPARTMENT MAINTAINED UNDER THIS PART UNLESS THE

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      SALE OR DISCLOSURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR BY

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      OTHER STATE OR FEDERAL LAW. An authorized recipient of personal

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      information disclosed under this section  who resells or

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      rediscloses  MAY NOT SELL OR DISCLOSE the information  for

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      survey, marketing, and solicitations  UNLESS THE SALE OR DISCLO-

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      SURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR OTHER STATE OR

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      FEDERAL LAW.  AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION WHO

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      SELLS OR DISCLOSES THE INFORMATION shall do both of the

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      following:

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           (a) Make and keep for a period of not less than 5 years

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      records identifying each person who received personal information

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      from the authorized recipient and the permitted purpose for which

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      it was obtained.

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           (b) Allow a representative of the secretary of state, upon

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      request, to inspect and copy records identifying each person who

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      received personal information from the authorized recipient and

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      the permitted purpose for which it was obtained.

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           (3)  (6)  The secretary of state shall not disclose a list

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      based on driving behavior or sanctions to a nongovernmental

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      agency, including an individual.



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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 90th Legislature

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      are enacted into law:

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           (a) Senate Bill No. _____ or House Bill No. 5229  (request

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      no. 04035'99).

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           (b) Senate Bill No. _____ or House Bill No. 5231  (request

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      no. 04035'99 b).










































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