November 8, 2018, Introduced by Senator SHIRKEY and referred to the Committee on Michigan Competitiveness.




     A bill to prohibit public agencies from requiring certain


nonprofit entities to disclose personal information of their


members, supporters, volunteers, and donors in certain


circumstances; to limit the release of that personal information if


it is obtained by a public agency; and to provide remedies.




     Sec. 1. This act shall be known and may be cited as the


"personal privacy protection act".


     Sec. 2. As used in this act:


     (a) "Personal information" means any list, record, register,


registry, roll, roster, or other compilation of data of any kind


that directly or indirectly identifies a person as a member,


supporter, or volunteer of, or donor of financial or nonfinancial


support to, any entity organized under section 501(c) of the

internal revenue code.


     (b) "Public agency" means any state or local governmental


unit, however designated, including, but not limited to, this


state; any department, agency, office, commission, board, division,


or other entity of this state; any political subdivision of this


state, including, but not limited to, a county, city, township,


village, school district, community college district, or any other


local governmental unit, agency, authority, council, board, or


commission; or any state or local court, tribunal, or other


judicial or quasi-judicial body.


     Sec. 3. (1) Notwithstanding any law to the contrary, and


subject to subsection (3), a public agency shall not do any of the




     (a) Require any entity organized under section 501(c) of the


internal revenue code to provide the public agency with personal




     (b) If in the possession of personal information, a public


agency shall not release, publicize, or otherwise disclose that


personal information without the express written permission of


every identified member, supporter, volunteer, or donor and the


section 501(c) entity that received their membership, support,


volunteer time, or donations.


     (c) Request or require a current or prospective contractor


with the public agency to provide the public agency with a list of


entities organized under section 501(c) of the internal revenue


code to which it has provided financial or nonfinancial support.


     (2) Personal information is exempt from disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.


     (3) This act does not preclude either of the following:


     (a) Any lawful warrant for personal information issued by a


court of competent jurisdiction.


     (b) A lawful request for discovery of personal information in


litigation if both of the following conditions are met:


     (i) The requestor demonstrates a compelling need for the


personal information by clear and convincing evidence.


     (ii) The requestor obtains a protective order barring


disclosure of personal information to any person not directly


involved in the litigation. As used in this subparagraph, "person"


means an individual, partnership, corporation, association,


governmental entity, or other legal entity.


     Sec. 4. (1) A person alleging a violation of this act may


bring a civil action for appropriate injunctive relief, damages, or


both. Damages awarded under this section may include 1 of the


following, as appropriate:


     (a) A sum of money not less than $2,500.00 to compensate for


injury or loss caused by each violation of this act.


     (b) For an intentional violation of this act, a sum of money


not to exceed 3 times the sum described in subdivision (a).


     (2) A court, in rendering a judgment in an action brought


under this act, may award all or a portion of the costs of


litigation, including reasonable attorney fees and witness fees, to


the complainant in the action if the court determines that the


award is appropriate.


     Sec. 5. A person who knowingly violates this act is guilty of

a misdemeanor punishable by imprisonment for not more than 90 days


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