October 15, 2013, Introduced by Senator HILDENBRAND and referred to the Committee on Economic Development.
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 prescribe the
powers and duties of the secretary of state; to prescribe fees; to
prescribe certain penalties for violations; and to provide an
appropriation for certain purposes,"
by amending section 8 (MCL 28.298), as amended by 2008 PA 32.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) Except as provided in this section and in section
10, personal information in a record maintained under this act
shall not be disclosed, unless the person requesting the
information furnishes proof of identity satisfactory to the
secretary of state and certifies that the personal information
requested will be used for a permissible purpose identified in this
section or in section 10. Highly restricted personal information
shall be used and disclosed only as expressly permitted in section
2 or in another applicable provision of law.
(2) Personal information in a record maintained under this act
shall be disclosed by the secretary of state if required to carry
out the purposes of a specified federal law. As used in this
section, "specified federal law" means the automobile information
disclosure act, 15 USC 1231 to 1233, the former motor vehicle
information and cost savings act, Public Law 92-513, the former
national traffic and motor vehicle safety act of 1966, Public Law
89-563, the anti-car theft act of 1992, Public Law 102-519, the
clean air act, chapter 360, 69 Stat. 322, and all federal
regulations promulgated to implement these federal laws.
(3) Personal information in a record maintained under this act
may be disclosed by the secretary of state as follows:
(a) For use by a federal, state, or local governmental agency,
including a court or law enforcement agency, in carrying out the
agency's functions, or by a private person or entity acting on
behalf of a governmental agency in carrying out the agency's
functions.
(b) For use in connection with matters of motor vehicle and
driver safety or auto theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance monitoring
of motor vehicles; motor vehicle market research activities,
including survey research; and the removal of nonowner records from
the original records of motor vehicle manufacturers.
(c) For use in the normal course of business by a legitimate
business, including the agents, employees, and contractors of the
business, but only to verify the accuracy of personal information
submitted by an individual to the business or its agents,
employees, or contractors, and if the information as so submitted
is no longer correct, to obtain the correct information, for the
sole purpose of preventing fraud by pursuing legal remedies
against, or recovering on a debt against, the individual.
(d) For use in connection with a civil, criminal,
administrative, or arbitral proceeding in a federal, state, or
local court or governmental agency or before a self-regulatory
body, including use for service of process, investigation in
anticipation of litigation, and the execution or enforcement of
judgments and orders, or pursuant to an order of a federal, state,
or local court, an administrative agency, or a self-regulatory
body.
(e) For use in legitimate research activities and in preparing
statistical reports for commercial, scholarly, or academic purposes
by a bona fide research organization, if the personal information
is not published, redisclosed, or used to contact individuals.
(f) For use by an insurer or insurance support organization,
or by a self-insured entity, or its agents, employees, or
contractors, in connection with claims investigating activity,
antifraud activity, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded vehicle.
(h) For use either by a private detective or private
investigator
licensed under the private detective license act,
professional investigator licensure act, 1965 PA 285, MCL 338.821
to
338.851, or by a private security guard agency or alarm system
contractor
licensed under the private security
business and
security
alarm act, 1968 PA 330, MCL
338.1051 to 338.1083,
338.1092, or by a system provider registered under the security
alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187, only for
a purpose permitted under this section.
(i) For use by an employer, or the employer's agent or
insurer, to obtain or verify information relating either to the
holder of a commercial driver license that is required under the
commercial motor vehicle safety act of 1986, Public Law 99-570, or
to the holder of a chauffeur's license that is required under
chapter 3 of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to
257.329.
(j) For use by a car rental business, or its employees,
agents, contractors, or service firms, for the purpose of making
rental decisions.
(k) For use by a news medium in the preparation and
dissemination of a report related in part or in whole to the
operation of a motor vehicle or public safety. "News medium"
includes a newspaper, a magazine or periodical published at regular
intervals, a news service, a broadcast network, a television
station, a radio station, a cablecaster, or an entity employed by
any of the foregoing.
(l) For any use by an individual requesting information
pertaining to himself or herself or requesting in writing that the
secretary of state provide information pertaining to himself or
herself to the individual's designee. A request for disclosure to a
designee, however, may be submitted only by the individual.
(4) Copies or images of source documents retained by the
secretary of state under section 1 of this act and section 5 of the
enhanced driver license and enhanced official state personal
identification card act, 2008 PA 23, MCL 28.305, may be used and
disclosed for the purposes of subsection (3)(a) and (l).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 619
of the 97th Legislature is enacted into law.