SB-0550, As Passed House, September 22, 2005

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 550

 

 

 

 

 

 

 

 

 

 

 

 

     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 1997 PA 102.

 

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.  The secretary of state may use the fee revenues received

 

from the service for necessary expenses.  Fees collected under this


Senate Bill No. 550 (S-1) as amended September 21, 2005

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.

 

     (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.

 

policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.216.

 

     (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  which  that are

 

restricted by law from disclosure to the public, shall be available

 

to the public  pursuant to  under procedures prescribed in this

 

part, and in the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.


Senate Bill No. 550 (S-1) as amended September 21, 2005

     (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.  The secretary of state may use fee revenues received

 

from the service for necessary expenses.  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.

 

     (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. policy council act

 

of 1974, 1974 PA 163, MCL 28.211 to 28.216.

 

     (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.


Senate Bill No. 550 (S-1) as amended September 21, 2005

     Sec. 81114. (1) Records maintained under this part, other than

 

those declared to be confidential by law or  which  that are

 

restricted by law from disclosure to the public, shall be available

 

to the public  pursuant to  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.  The secretary of

 

state may use the revenues received from the service for necessary

 

expenses.  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.

 

     (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.

 

policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.216.


 

     (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  which  that are

 

restricted by law from disclosure to the public, shall be available

 

to the public  pursuant to  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.  The secretary of

 

state may use the revenues received from the service for necessary


Senate Bill No. 550 (S-1) as amended September 21, 2005

expenses.  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.

 

     (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. policy council act of 1974, 1974 PA 163,

 

MCL 28.211 to 28.216.

 

     (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 does not take effect

 

unless all of the following bills of the 93rd Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 548.


 

     (b) Senate Bill No. 549.