HOUSE BILL No. 4662 April 22, 1997, Introduced by Reps. London, McBryde, Goschka, Mans, Dalman, Leland, Olshove, Baade, Green, Gernaat, Birkholz, Byl, Middleton, Curtis, Schermesser, Schauer, Brown and Galloway and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, and 903 (MCL 257.208, 257.221, 257.232, and 257.903), section 208 as amended by 1996 PA 471 and section 903 as amended by 1992 PA 309, and by adding sections 40b, 208a, 208b, 208c, and 208d. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 40B. (1) "PERSONAL INFORMATION" MEANS INFORMATION THAT 2 IDENTIFIES AN INDIVIDUAL, INCLUDING THE INDIVIDUAL'S PHOTOGRAPH 3 OR IMAGE, NAME, ADDRESS (BUT NOT THE ZIP CODE), DRIVER LICENSE 4 NUMBER, SOCIAL SECURITY NUMBER, TELEPHONE NUMBER, DIGITIZED SIG- 5 NATURE, AND MEDICAL AND DISABILITY INFORMATION. PERSONAL INFOR- 6 MATION DOES NOT INCLUDE INFORMATION ON DRIVING AND 7 EQUIPMENT-RELATED VIOLATIONS OR CIVIL INFRACTIONS, DRIVER OR 02079'97 TJS 2 1 VEHICLE REGISTRATION STATUS, VEHICULAR ACCIDENTS, OR OTHER 2 BEHAVIORALLY-RELATED INFORMATION. 3 (2) "HIGHLY RESTRICTED PERSONAL INFORMATION" MEANS AN 4 INDIVIDUAL'S PHOTOGRAPH OR IMAGE, SOCIAL SECURITY NUMBER, DIGI- 5 TIZED SIGNATURE, AND MEDICAL AND DISABILITY INFORMATION. 6 Sec. 208.(1) Records of the department, other than those7declared by law to be confidential for the department's use,8shall be open to public inspection under rules the secretary of9state promulgates, pursuant to section 3 of the freedom of infor-10mation act, Act No. 442 of the Public Acts of 1976, being section1115.233 of the Michigan Compiled Laws.12 (1)(2)Except as otherwise specified in this section, the 13 secretary of state may destroy any department records maintained 14 on file for 7 years, including the information contained in the 15 central file maintained under section 204a. 16 (2)(3)Records of convictions of any offense for which 17 points are provided under section 320a(1)(a), (b), (c), or (g) or 18 section 320a(8) may be destroyed after being maintained on file 19 for 10 years. 20 (3)(4)Records of stolen vehicles reported in section 253 21 may be destroyed after being maintained on file for the year of 22 entry plus 4 years. 23 (4)(5)Except as otherwise specified in this act, records 24 the secretary of state considers obsolete and of no further serv- 25 ice in carrying out the department's powers and duties may be 26 destroyed upon that determination. 02079'97 3 1 (5)(6)If a record of suspension under section 321a does 2 not contain a conviction for a violation of section 904 or a 3 local ordinance substantially corresponding to section 904 during 4 the period of suspension, the secretary of state may destroy the 5 record 180 days after the suspension terminates or as provided in 6 subsections(2) to (5)(1) TO (4). 7 (6)(7)The secretary of state may destroy a record of 8 receipt of the notice provided for in section321a(6)321A(7) 9 after the court involved informs the secretary of state that all 10 outstanding matters regarding section321a(6)321A(7) have been 11 resolved. 12 (7)(8)The secretary of state may destroy a record main- 13 tained pursuant to section 204a 180 days after the nonresident 14 driver against whom a civil infraction determination is entered 15 complies with an order or judgment issued pursuant to section 16 907. 17 SEC. 208A. RECORDS MAINTAINED UNDER THIS ACT, OTHER THAN 18 THOSE DECLARED TO BE CONFIDENTIAL BY LAW OR WHICH ARE RESTRICTED 19 BY LAW FROM DISCLOSURE TO THE PUBLIC, SHALL BE AVAILABLE TO THE 20 PUBLIC IN ACCORDANCE WITH PROCEDURES PRESCRIBED IN THIS ACT, THE 21 FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, OR 22 OTHER APPLICABLE LAWS. 23 SEC. 208B. (1) THE SECRETARY OF STATE MAY PROVIDE A COMMER- 24 CIAL LOOK-UP SERVICE OF RECORDS MAINTAINED UNDER THIS ACT. FOR 25 EACH INDIVIDUAL RECORD LOOKED UP, THE SECRETARY OF STATE SHALL 26 CHARGE A FEE SPECIFIED ANNUALLY BY THE LEGISLATURE, OR IF THE 27 LEGISLATURE DOES NOT SPECIFY A FEE, A MARKET-BASED PRICE 02079'97 4 1 ESTABLISHED BY THE SECRETARY OF STATE. THE SECRETARY OF STATE 2 SHALL PROCESS A COMMERCIAL LOOK-UP REQUEST ONLY IF THE REQUEST IS 3 IN A FORM OR FORMAT PRESCRIBED BY THE SECRETARY OF STATE. 4 (2) THE SECRETARY OF STATE SHALL NOT PROVIDE AN ENTIRE COM- 5 PUTERIZED CENTRAL FILE OR OTHER FILE OF RECORDS MAINTAINED UNDER 6 THIS ACT TO A NONGOVERNMENTAL PERSON OR ENTITY, UNLESS THE PERSON 7 OR ENTITY PAYS THE PRESCRIBED FEE FOR EACH INDIVIDUAL RECORD CON- 8 TAINED WITHIN THE COMPUTERIZED FILE. 9 SEC. 208C. (1) EXCEPT AS PROVIDED IN THIS SECTION AND IN 10 SECTION 232, PERSONAL INFORMATION IN A RECORD MAINTAINED UNDER 11 THIS ACT SHALL NOT BE DISCLOSED, UNLESS THE PERSON REQUESTING THE 12 INFORMATION FURNISHES PROOF OF IDENTITY SATISFACTORY TO THE SEC- 13 RETARY OF STATE AND CERTIFIES THAT THE PERSONAL INFORMATION 14 REQUESTED WILL BE USED FOR A PERMISSIBLE PURPOSE IDENTIFIED IN 15 THIS SECTION OR IN SECTION 232. HOWEVER, HIGHLY RESTRICTED PER- 16 SONAL INFORMATION SHALL BE USED AND DISCLOSED ONLY AS EXPRESSLY 17 PERMITTED IN SECTION 307 OR AS OTHERWISE EXPRESSLY PROVIDED BY 18 LAW. 19 (2) PERSONAL INFORMATION IN A RECORD MAINTAINED UNDER THIS 20 ACT SHALL BE DISCLOSED BY THE SECRETARY OF STATE IF REQUIRED TO 21 CARRY OUT THE PURPOSES OF FEDERAL LAW OR FEDERAL REGULATIONS. 22 (3) PERSONAL INFORMATION IN A RECORD MAINTAINED UNDER THIS 23 ACT MAY BE DISCLOSED BY THE SECRETARY OF STATE AS FOLLOWS: 24 (A) FOR USE BY A FEDERAL, STATE, OR LOCAL GOVERNMENTAL 25 AGENCY, INCLUDING A COURT OR LAW ENFORCEMENT AGENCY, IN CARRYING 26 OUT THE AGENCY'S FUNCTIONS, OR BY A PRIVATE PERSON OR ENTITY 02079'97 5 1 ACTING ON BEHALF OF A GOVERNMENTAL AGENCY IN CARRYING OUT THE 2 AGENCY'S FUNCTIONS. 3 (B) FOR USE IN CONNECTION WITH MATTERS OF MOTOR VEHICLE AND 4 DRIVER SAFETY OR AUTO THEFT; MOTOR VEHICLE EMISSIONS; MOTOR VEHI- 5 CLE PRODUCT ALTERATIONS, RECALLS, OR ADVISORIES; PERFORMANCE MON- 6 ITORING OF MOTOR VEHICLES; MOTOR VEHICLE MARKET RESEARCH ACTIVI- 7 TIES, INCLUDING SURVEY RESEARCH; AND THE REMOVAL OF NONOWNER 8 RECORDS FROM THE ORIGINAL RECORDS OF MOTOR VEHICLE 9 MANUFACTURERS. 10 (C) FOR USE IN THE NORMAL COURSE OF BUSINESS BY A LEGITIMATE 11 BUSINESS, INCLUDING THE AGENTS, EMPLOYEES, AND CONTRACTORS OF THE 12 BUSINESS, BUT ONLY TO VERIFY THE ACCURACY OF PERSONAL INFORMATION 13 SUBMITTED BY AN INDIVIDUAL TO THE BUSINESS OR ITS AGENTS, EMPLOY- 14 EES, OR CONTRACTORS, AND IF THE INFORMATION AS SO SUBMITTED IS NO 15 LONGER CORRECT, TO OBTAIN THE CORRECT INFORMATION, FOR THE SOLE 16 PURPOSE OF PREVENTING FRAUD BY PURSUING LEGAL REMEDIES AGAINST, 17 OR RECOVERING ON A DEBT AGAINST, THE INDIVIDUAL. 18 (D) FOR USE IN CONNECTION WITH A CIVIL, CRIMINAL, ADMINIS- 19 TRATIVE, OR ARBITRATION PROCEEDING IN A FEDERAL, STATE, OR LOCAL 20 COURT OR GOVERNMENTAL AGENCY OR BEFORE A SELF-REGULATORY BODY, 21 INCLUDING USE FOR SERVICE OF PROCESS, INVESTIGATION IN ANTICIPA- 22 TION OF LITIGATION, AND THE EXECUTION OR ENFORCEMENT OF JUDGMENTS 23 AND ORDERS, OR PURSUANT TO AN ORDER OF A FEDERAL, STATE, OR LOCAL 24 COURT, AN ADMINISTRATIVE AGENCY, OR A SELF-REGULATORY BODY. 25 (E) FOR USE IN RESEARCH ACTIVITIES AND IN PREPARING STATIS- 26 TICAL REPORTS, IF THE PERSONAL INFORMATION IS NOT PUBLISHED, 27 REDISCLOSED, OR USED TO CONTACT INDIVIDUALS. 02079'97 6 1 (F) FOR USE BY AN INSURER OR INSURANCE SUPPORT ORGANIZATION, 2 OR BY A SELF-INSURED ENTITY, OR ITS AGENTS, EMPLOYEES, OR CON- 3 TRACTORS, IN CONNECTION WITH CLAIMS INVESTIGATING ACTIVITY, ANTI- 4 FRAUD ACTIVITY, RATING, OR UNDERWRITING. 5 (G) FOR USE IN PROVIDING NOTICE TO THE OWNER OF AN ABAN- 6 DONED, TOWED, OR IMPOUNDED VEHICLE. 7 (H) FOR USE EITHER BY A PRIVATE DETECTIVE OR PRIVATE INVES- 8 TIGATOR LICENSED UNDER THE PRIVATE DETECTIVE LICENSE ACT OF 1965, 9 1965 PA 285, MCL 338.821 TO 338.851, OR BY A PRIVATE SECURITY 10 GUARD AGENCY OR ALARM SYSTEM CONTRACTOR LICENSED UNDER THE PRI- 11 VATE SECURITY GUARD ACT OF 1968, 1968 PA 330, MCL 338.1051 TO 12 338.1085, ONLY FOR A PURPOSE PERMITTED UNDER THIS SECTION. 13 (I) FOR USE BY AN EMPLOYER, OR THE EMPLOYER'S AGENT OR 14 INSURER, TO OBTAIN OR VERIFY INFORMATION RELATING EITHER TO THE 15 HOLDER OF A COMMERCIAL DRIVER LICENSE THAT IS REQUIRED UNDER FED- 16 ERAL LAW OR TO THE HOLDER OF A CHAUFFEUR'S LICENSE THAT IS 17 REQUIRED UNDER CHAPTER 3. 18 (J) FOR USE BY A CAR RENTAL BUSINESS, OR ITS EMPLOYEES, 19 AGENTS, CONTRACTORS, OR SERVICE FIRMS, FOR THE PURPOSE OF MAKING 20 RENTAL DECISIONS. 21 (K) FOR USE IN CONNECTION WITH THE OPERATION OF PRIVATE TOLL 22 TRANSPORTATION FACILITIES. 23 (l) FOR ANY USE BY A REQUESTER, IF THE REQUESTER HAS 24 OBTAINED WRITTEN CONSENT FROM THE INDIVIDUAL ABOUT WHOM THE 25 INFORMATION PERTAINS AND HAS PROVIDED PROOF OF RECEIPT OF THE 26 WRITTEN CONSENT TO THE SECRETARY OF STATE. 02079'97 7 1 SEC. 208D. (1) AN AUTHORIZED RECIPIENT OF PERSONAL 2 INFORMATION DISCLOSED UNDER SECTION 208C MAY RESELL OR REDISCLOSE 3 THE INFORMATION ONLY FOR A USE PERMITTED UNDER SECTION 208C. 4 (2) AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION DIS- 5 CLOSED UNDER SECTION 208C WHO RESELLS OR REDISCLOSES THE INFORMA- 6 TION SHALL DO BOTH OF THE FOLLOWING: 7 (A) MAKE AND KEEP FOR A PERIOD OF NOT LESS THAN 5 YEARS 8 RECORDS IDENTIFYING EACH PERSON WHO RECEIVED PERSONAL INFORMATION 9 FROM THE AUTHORIZED RECIPIENT AND THE PERMITTED USE FOR WHICH IT 10 WAS OBTAINED. 11 (B) ALLOW A REPRESENTATIVE OF THE SECRETARY OF STATE, UPON 12 REQUEST, TO INSPECT AND COPY RECORDS IDENTIFYING EACH PERSON WHO 13 RECEIVED PERSONAL INFORMATION FROM THE AUTHORIZED RECIPIENT AND 14 THE PERMITTED USE FOR WHICH IT WAS OBTAINED. 15 Sec. 221. The secretary of state shall file all applica- 16 tions for registration of motor vehicles in his OR HER office and 17 keep a complete and accurate record of the facts appearing 18thereinIN THE APPLICATIONS together with a numerical list of 19 the license PLATE numbers assigned to each vehicle.Such20records shall be open to inspection under such rules and regula-21tions as theTHE secretary of state mayprescribe and shall be22preserved for a period ofDESTROY A RECORD MAINTAINED UNDER THIS 23 SECTION 3 years after the date of registration. 24 Sec. 232. (1)The secretary of state shall furnish to25chiefs of police in cities of an estimated population of 10,00026or more and to sheriffs of counties, a list of the motor vehicle27registrations and such information relating thereto as may be02079'97 8 1necessary. The secretary of state is hereby authorized to sell2any surplus lists he may publish, and fix a reasonable price3therefor, the proceeds of such sales to be added to the state4highway fund provided for herein.UPON REQUEST, THE SECRETARY OF 5 STATE MAY FURNISH A LIST OF INFORMATION FROM THE RECORDS OF THE 6 DEPARTMENT MAINTAINED UNDER THIS ACT TO A FEDERAL, STATE, OR 7 LOCAL GOVERNMENTAL AGENCY FOR USE IN CARRYING OUT THE AGENCY'S 8 FUNCTIONS, OR TO A PRIVATE PERSON OR ENTITY ACTING ON BEHALF OF A 9 GOVERNMENTAL AGENCY FOR USE IN CARRYING OUT THE AGENCY'S 10 FUNCTIONS. THE SECRETARY OF STATE MAY CHARGE THE REQUESTING 11 AGENCY A PREPARATION FEE TO COVER THE COST OF PREPARING AND FUR- 12 NISHING A LIST PROVIDED UNDER THIS SUBSECTION IF THE COST OF 13 PREPARATION EXCEEDS $25.00, AND USE THE REVENUES RECEIVED FROM 14 THE SERVICE TO DEFRAY NECESSARY EXPENSES. THE SECRETARY OF STATE 15 MAY REQUIRE THE REQUESTING AGENCY TO FURNISH 1 OR MORE BLANK COM- 16 PUTER TAPES, CARTRIDGES, OR OTHER ELECTRONIC MEDIA AND MAY 17 REQUIRE THE AGENCY TO EXECUTE A WRITTEN MEMORANDUM OF AGREEMENT 18 AS A CONDITION OF OBTAINING A LIST OF INFORMATION UNDER THIS 19 SUBSECTION. 20 (2) The secretary of stateis hereby authorized to sell,21orMAY contract for the sale of, anyLISTS OF DRIVER AND 22 motor vehicleregistration listsRECORDS AND OTHER RECORDS 23 MAINTAINED UNDER THIS ACT IN BULK, in addition to those LISTS 24 distributed at COST OR AT no cost under this sectionand to sell25or furnish any other information from the records of the depart-26ment pertaining to the sale, ownership, and operation of motor27vehiclesFOR PURPOSES DESCRIBED IN SECTION 208C(3) AS WELL AS 02079'97 9 1 FOR SURVEYS, MARKETING, AND SOLICITATIONS. THE SECRETARY OF 2 STATE SHALL REQUIRE EACH PURCHASER OF RECORDS IN BULK TO EXECUTE 3 A WRITTEN PURCHASE CONTRACT. The secretary of state shall fix a 4reasonableMARKET BASED priceor chargefor the sale of such 5 lists or otherinformationRECORDS MAINTAINED IN BULK, WHICH 6 MAY INCLUDE PERSONAL INFORMATION, and the proceedstherefrom7 FROM EACH SALE shall beaddedCREDITED to thestate highway8 MICHIGAN TRANSPORTATION fund.provided for herein.9 (3) BEFORE SELLING AND FURNISHING ANY LIST OF INFORMATION 10 UNDER SUBSECTION (2) FOR SURVEYS, MARKETING, AND SOLICITATIONS, 11 THE SECRETARY OF STATE SHALL IMPLEMENT METHODS AND PROCEDURES 12 THAT ACCOMPLISH BOTH OF THE FOLLOWING: 13 (A) PROVIDE INDIVIDUALS WITH A CONSPICUOUS OPPORTUNITY, 14 THROUGH A TELEPHONIC OR OTHER AUTOMATED OR EFFICIENT SYSTEM, TO 15 NOTIFY THE SECRETARY OF STATE OF THEIR DESIRE TO PROHIBIT THE 16 DISCLOSURE OF PERSONAL INFORMATION CONCERNING THEM, FOR PURPOSES 17 OF SURVEYS, MARKETING, AND SOLICITATIONS. 18 (B) ENSURE THAT PERSONAL INFORMATION DISCLOSED IN BULK WILL 19 BE USED, RENTED, OR SOLD SOLELY FOR USES PERMITTED UNDER THIS 20 ACT, AND THAT SURVEYS, MARKETING, AND SOLICITATIONS WILL NOT BE 21 DIRECTED AT THOSE INDIVIDUALS WHO IN A TIMELY FASHION HAVE 22 REQUESTED THAT SURVEYS, MARKETING, AND SOLICITATIONS NOT BE 23 DIRECTED AT THEM. 24 (4) THE SECRETARY OF STATE MAY INSERT ANY SAFEGUARD THE SEC- 25 RETARY CONSIDERS REASONABLE OR NECESSARY, INCLUDING A BOND 26 REQUIREMENT, IN A MEMORANDUM OF AGREEMENT OR PURCHASE CONTRACT 27 EXECUTED UNDER THIS SECTION, TO ENSURE THAT THE INFORMATION 02079'97 10 1 PROVIDED OR SOLD IS USED ONLY FOR A PERMISSIBLE USE AND THAT THE 2 RIGHTS OF INDIVIDUALS AND OF THE DEPARTMENT ARE PROTECTED. 3 (5) AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION DIS- 4 CLOSED UNDER THIS SECTION WHO RESELLS OR REDISCLOSES THE INFORMA- 5 TION FOR SURVEY, MARKETING, AND SOLICITATIONS SHALL DO BOTH OF 6 THE FOLLOWING: 7 (A) MAKE AND KEEP FOR A PERIOD OF NOT LESS THAN 5 YEARS 8 RECORDS IDENTIFYING EACH PERSON WHO RECEIVED PERSONAL INFORMATION 9 FROM THE AUTHORIZED RECIPIENT AND THE PERMITTED PURPOSE FOR WHICH 10 IT WAS OBTAINED. 11 (B) ALLOW A REPRESENTATIVE OF THE SECRETARY OF STATE, UPON 12 REQUEST, TO INSPECT AND COPY RECORDS IDENTIFYING EACH PERSON WHO 13 RECEIVED PERSONAL INFORMATION FROM THE AUTHORIZED RECIPIENT AND 14 THE PERMITTED PURPOSE FOR WHICH IT WAS OBTAINED. 15 (6) THE SECRETARY OF STATE SHALL NOT DISCLOSE A LIST BASED 16 ON DRIVING BEHAVIOR OR SANCTIONS TO A NONGOVERNMENTAL AGENCY, 17 INCLUDING AN INDIVIDUAL. 18 Sec. 903. (1) A person who makes a false certification to a 19 matter or thing required by the terms of this act to be certi- 20 fied, including but not limited to an application for any type of 21 driver license, dealer license, vehicle certificate of title, 22 vehicle registration, vehicle inspection, self-insurance, 23 PERSONAL INFORMATION, or commercial driver training school, is 24 guilty of a felony. A PERSON WHO USES PERSONAL INFORMATION FOR A 25 PURPOSE OTHER THAN A PERMISSIBLE PURPOSE IDENTIFIED IN SECTION 26 208C OR 232 IS GUILTY OF A FELONY. 02079'97 11 1 (2) A person who is convicted of a second violation of this 2 section shall be punished by imprisonment for not less than 2 3 years or more than 7 years, or by a fine of not less than 4 $1,500.00 or more than $7,000.00, or both. 5 (3) A person who is convicted of a third or subsequent vio- 6 lation of this section shall be punished by imprisonment for not 7 less than 5 years or more than 15 years, or by a fine of not less 8 than $5,000.00 or more than $15,000.00, or both. 9 Enacting section 1. This amendatory act takes effect July 10 1, 1997. 11 Enacting section 2. This amendatory act does not take 12 effect unless all of the following bills of the 89th Legislature 13 are enacted into law: 14 (a) Senate Bill No. ________ or House Bill No. ________ 15 (request no. 02079'97 a). 16 (b) Senate Bill No. ________ or House Bill No. ________ 17 (request no. 02079'97 b). 02079'97 Final page. TJS