SB-0495, As Passed Senate, September 29, 2009
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 495
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130,
324.80315, 324.81114, and 324.82156), as amended by 2005 PA 174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80130. (1) The secretary of state may provide a
commercial lookup service of records maintained under this part.
For each individual record looked up, the secretary of state shall
charge a fee specified annually by the legislature, or if none, a
market-based price established by the secretary of state. The
secretary of state shall process a commercial lookup request only
if the request is in a form or format prescribed by the secretary
of state. Fees collected under this subsection on and after October
1, 2005 shall be credited to the transportation administration
collection fund created in section 810b of the Michigan vehicle
code, 1949 PA 300, MCL 257.810b, through October 1, 2011.
(2) In order to provide an individual, historical boating
record, the secretary of state shall create and maintain a
computerized central file that includes the information contained
on application forms received under this part and the name of each
person who is convicted of an offense, who fails to comply with an
order or judgment issued, or against whom an order is entered under
this part. The computerized central file shall be interfaced with
the
law enforcement information network as provided in the L.E.I.N.
C.J.I.S.
policy council act, of
1974, 1974 PA 163, MCL 28.211 to
28.216
28.215.
(3) The secretary of state shall not provide an entire
computerized central or other file of records maintained under this
part to a nongovernmental person or entity unless the purchaser
pays the prescribed fee or price for each individual record
contained within the computerized file.
(4) A certified copy of an order, record, or paper maintained
under this part is admissible in evidence in the same manner as the
original and is prima facie proof of the facts stated in the
original.
Sec. 80315. (1) Records maintained under this part, other than
those declared to be confidential by law or that are restricted by
law from disclosure to the public, shall be available to the public
under procedures prescribed in this part, and in the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The secretary of state may provide a commercial lookup
service of watercraft title records maintained under this part. For
each individual record looked up, the secretary of state shall
charge a fee specified annually by the legislature, or if none, a
market-based price established by the secretary of state. The
secretary of state shall process a commercial lookup request only
if the request is in a form or format prescribed by the secretary
of state. Fees collected under this subsection on and after October
1, 2005 shall be credited to the transportation administration
collection fund created in section 810b of the Michigan vehicle
code, 1949 PA 300, MCL 257.810b, through October 1, 2011.
(3) The secretary of state shall create and maintain a
computerized central file that includes the information contained
on application forms received under this part. The computerized
central file shall be interfaced with the law enforcement
information
network as provided in the L.E.I.N. C.J.I.S. policy
council
act, of 1974, 1974 PA 163, MCL 28.211 to 28.216
28.215.
(4) The secretary of state shall not provide an entire
computerized central or other file of records maintained under this
part to a nongovernmental person or entity, unless the purchaser
pays the prescribed fee or price for each individual record
contained within the computerized file.
(5) A certified copy of an order, record, or paper maintained
under this part is admissible in evidence in the same manner as the
original and is prima facie proof of the facts stated in the
original.
Sec. 81114. (1) Records maintained under this part, other than
those declared to be confidential by law or that are restricted by
law from disclosure to the public, shall be available to the public
under procedures prescribed in this part, and in the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The secretary of state may provide a commercial lookup
service of ORV operation, title, and registration records
maintained under this part. For each individual record looked up,
the secretary of state shall charge a fee specified annually by the
legislature, or if none, a market-based price established by the
secretary of state. The secretary of state shall process a
commercial lookup request only if the request is in a form or
format prescribed by the secretary of state. Fees collected under
this subsection on and after October 1, 2005 shall be credited to
the transportation administration collection fund created in
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b, through October 1, 2011.
(3) The secretary of state shall create and maintain a
computerized central file that includes the information contained
on application forms received under this part and the name of each
person who is convicted of an offense, who fails to comply with an
order or judgment issued, or against whom an order is entered under
this part. The computerized central file shall be interfaced with
the
law enforcement information network as provided in the L.E.I.N.
C.J.I.S.
policy council act, of
1974, 1974 PA 163, MCL 28.211 to
28.216
28.215.
(4) The secretary of state may purge a record of an ORV
certificate of title and any record pertaining to it 7 years after
the title was issued or the record was made or received.
(5) The secretary of state shall not provide an entire
computerized central or other file of records maintained under this
part to a nongovernmental person or entity, unless the purchaser
pays the prescribed fee or price for each individual record
contained within the computerized file.
(6) A certified copy of an order, record, or paper maintained
under this part is admissible in evidence in the same manner as the
original and is prima facie proof of the facts stated in the
original.
Sec. 82156. (1) Records maintained under this part, other than
those declared to be confidential by law or that are restricted by
law from disclosure to the public, shall be available to the public
under procedures prescribed in this part, and in the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The secretary of state may provide a commercial lookup
service of snowmobile operation, title, and registration records
maintained under this part. For each individual record looked up,
the secretary of state shall charge a fee specified annually by the
legislature, or if none, a market-based price established by the
secretary of state. The secretary of state shall process a
commercial lookup request only if the request is in a form or
format prescribed by the secretary of state. Fees collected under
this subsection on and after October 1, 2005 shall be credited to
the transportation administration collection fund created in
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b, through October 1, 2011.
(3) In order to provide an individual, historical snowmobiling
record, the secretary of state shall create and maintain a
computerized central file that includes the information contained
on application forms received under this part and the name of each
person who is convicted of an offense, who fails to comply with an
order or judgment issued, or against whom an order is entered under
this part or former 1968 PA 74. The computerized central file shall
be interfaced with the law enforcement information network as
provided
in the L.E.I.N. C.J.I.S. policy council act, of 1974, 1974
PA
163, MCL 28.211 to 28.216 28.215.
(4) The secretary of state shall not provide an entire
computerized central or other file of records maintained under this
part to a nongovernmental person or entity, unless the purchaser
pays the prescribed fee or price for each individual record
contained within the computerized file.
(5) A certified copy of an order, record, or paper maintained
in this record is admissible in evidence in like manner as the
original and is prima facie proof of the facts stated in the
original.
Enacting section 1. This amendatory act takes effect September
30, 2009.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 494 of the 95th Legislature is enacted into
law.