HOUSE BILL No. 5231


     January 25, 2000, Introduced by Rep. Kuipers and referred to the Committee on Transportation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 80130c, 80315c, 81114b, 81114c, and 82156c

   (MCL 324.80130c, 324.80315c, 324.81114b, 324.81114c, and

   324.82156c), as added by 1997 PA 102.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 80130c.  (1) Upon request, the secretary of state may

 2
      furnish a list of information from the records of the department

 3
      maintained under this part to a federal, state, or local govern-

 4
      mental agency for use in carrying out the agency's functions, or

 5
      to a private person or entity acting on behalf of a governmental

 6
      agency for use in carrying out the agency's functions.  Unless

 7
      otherwise prohibited by law, the secretary of state may charge

 8
      the requesting agency a preparation fee to cover the cost of

 9
      preparing and furnishing a list provided under this subsection if


   04035'99 b                                               DMS
                                                2

 1
      the cost of preparation exceeds $25.00, and use the revenues

 2
      received from the service to defray necessary expenses.  The sec-

 3
      retary of state may require the requesting agency to furnish 1 or

 4
      more blank computer tapes, cartridges, or other electronic media,

 5
      and may require the agency to execute a written memorandum of

 6
      agreement as a condition of obtaining a list of information under

 7
      this subsection.

 8
            (2) The secretary of state may contract for the sale of

 9
      lists of records maintained under this part in bulk, in addition

10
      to those lists distributed at cost or at no cost under this sec-

11
      tion, for purposes defined in section 80130a(3) as well as for

12
      surveys, marketing, and solicitations.  The secretary of state

13
      shall require each purchaser of information in bulk to execute a

14
      written purchase contract.  The secretary of state shall fix a

15
      market-based price for the sale of lists of bulk information,

16
      which may include personal information.  The proceeds from each

17
      sale shall be used by the secretary of state to defray the costs

18
      of list preparation and for other necessary or related expenses.

19
           (3) Before selling and furnishing any list of information

20
      under subsection (2) for surveys, marketing, and solicitations,

21
      the secretary of state shall implement methods and procedures

22
      that accomplish all of the following:

23
           (a) Furnish individuals with a conspicuous opportunity to be

24
      informed of their right to prohibit the disclosure of personal

25
      information about them for purposes of surveys, marketing, and

26
      solicitations through an ongoing public information campaign

27
      which shall include the use of printed signs in branch offices



   04035'99 b
                                   3

 1
      and notices included with application and renewal forms to the

 2
      extent that the secretary of state continues to use paper forms

 3
      for these purposes, and may include periodic press releases,

 4
      public service announcements, advertisements, pamphlets, notices

 5
      on forms, notices in electronic media, and other types of

 6
      notice.  Each printed sign shall be not less than 8-1/2 inches

 7
      wide by 11 inches high and contain a caption in not less than

 8
      46-point type.  If the secretary of state furnishes notice on

 9
      forms, the information printed on the forms shall be similar to

10
      the information printed on branch office signs.  The secretary of

11
      state shall review the public information campaign on an annual

12
      basis in order to update notice content and furnish notice by

13
      more effective means.

14
           (b) Provide individuals with a conspicuous opportunity,

15
      through a telephonic, automated, or other efficient system, to

16
      notify the secretary of state of their desire to prohibit the

17
      disclosure of personal information about them, for purposes of

18
      surveys, marketing, and solicitations.  The secretary of state

19
      may contract with another public or private person or agency to

20
      implement this subdivision.

21
           (c) Ensure that personal information disclosed in bulk will

22
      be used, rented, or sold solely for uses permitted under this

23
      part, and that surveys, marketing, and solicitations will not be

24
      directed at those individuals who in a timely fashion have noti-

25
      fied the secretary of state that surveys, marketing, and solici-

26
      tations should not be directed at them.





   04035'99 b
                                   4

 1
           (4) The secretary of state may insert any safeguard the

 2
      secretary considers reasonable or necessary, including a bond

 3
      requirement, in a memorandum of agreement or purchase contract

 4
      executed under this section, to ensure that the information fur-

 5
      nished or sold is used only for a permissible use and that the

 6
      rights of individuals and of the secretary of state are

 7
      protected. 

 8
           (2)  (5)  THE SECRETARY OF STATE SHALL NOT SELL OR DISCLOSE

 9
      TO A PRIVATE PERSON OR ENTITY PERSONAL INFORMATION FROM THE

10
      RECORDS OF THE DEPARTMENT MAINTAINED UNDER THIS PART UNLESS THE

11
      SALE OR DISCLOSURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR BY

12
      OTHER STATE OR FEDERAL LAW. An authorized recipient of personal

13
      information disclosed under this section  who resells or

14
      rediscloses  MAY NOT SELL OR DISCLOSE the information  for sur-

15
      veys, marketing, and solicitations  UNLESS THE SALE OR DISCLOSURE

16
      IS SPECIFICALLY AUTHORIZED BY THIS ACT OR OTHER STATE OR FEDERAL

17
      LAW.  AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION WHO SELLS

18
      OR DISCLOSES THE INFORMATION shall do both of the following:

19
           (a) Make and keep for a period of not less than 5 years

20
      records identifying each person who received personal information

21
      from the authorized recipient and the permitted purpose for which

22
      it was obtained.

23
           (b) Allow a representative of the secretary of state, upon

24
      request, to inspect and copy records identifying each person who

25
      received personal information from the authorized recipient and

26
      the permitted purpose for which it was obtained.





   04035'99 b
                                   5

 1
           (3)  (6)  The secretary of state shall not disclose a list

 2
      based on watercraft operation or sanctions to a nongovernmental

 3
      agency, including an individual.

 4
           Sec. 80315c.  (1) Upon request, the secretary of state may

 5
      furnish a list of information from the records of the department

 6
      maintained under this part to a federal, state, or local govern-

 7
      mental agency for use in carrying out the agency's functions, or

 8
      to a private person or entity acting on behalf of a governmental

 9
      agency for use in carrying out the agency's functions.  Unless

10
      otherwise prohibited by law, the secretary of state may charge

11
      the requesting agency a preparation fee to cover the cost of pre-

12
      paring and furnishing a list provided under this subsection if

13
      the cost of preparation exceeds $25.00, and use the revenues

14
      received from the service to defray necessary expenses.  The sec-

15
      retary of state may require the requesting agency to furnish 1 or

16
      more blank computer tapes, cartridges, or other electronic media,

17
      and may require the agency to execute a written memorandum of

18
      agreement as a condition of obtaining a list of information under

19
      this subsection.

20
            (2) The secretary of state may contract for the sale of

21
      lists of records maintained under this part in bulk, in addition

22
      to those lists distributed at cost or at no cost under this sec-

23
      tion, for purposes defined in section 80315a(3) as well as for

24
      surveys, marketing, and solicitations.  The secretary of state

25
      shall require each purchaser of information in bulk to execute a

26
      written purchase contract.  The secretary of state shall fix a

27
      market-based price for the sale of lists of bulk information,



   04035'99 b
                                   6

 1
      which may include personal information.  The proceeds from each

 2
      sale shall be used by the secretary of state to defray the costs

 3
      of list preparation and for other necessary or related expenses.

 4
           (3) Before selling and furnishing any list of information

 5
      under subsection (2) for surveys, marketing, and solicitations,

 6
      the secretary of state shall implement methods and procedures

 7
      that accomplish all of the following:

 8
           (a) Furnish individuals with a conspicuous opportunity to be

 9
      informed of their right to prohibit the disclosure of personal

10
      information about them for purposes of surveys, marketing, and

11
      solicitations through an ongoing public information campaign

12
      which shall include the use of printed signs in branch offices

13
      and notices included with application and renewal forms to the

14
      extent that the secretary of state continues to use paper forms

15
      for these purposes, and may include periodic press releases,

16
      public service announcements, advertisements, pamphlets, notices

17
      on forms, notices in electronic media, and other types of

18
      notice.  Each printed sign shall be not less than 8-1/2 inches

19
      wide by 11 inches high and contain a caption in not less than

20
      46-point type.  If the secretary of state furnishes notice on

21
      forms, the information printed on the forms shall be similar to

22
      the information printed on branch office signs.  The secretary of

23
      state shall review the public information campaign on an annual

24
      basis in order to update notice content and furnish notice by

25
      more effective means.

26
           (b) Provide individuals with a conspicuous opportunity,

27
      through a telephonic, automated, or other efficient system, to



   04035'99 b
                                   7

 1
      notify the secretary of state of their desire to prohibit the

 2
      disclosure of personal information about them, for purposes of

 3
      surveys, marketing, and solicitations.  The secretary of state

 4
      may contract with another public or private person or agency to

 5
      implement this subdivision.

 6
           (c) Ensure that personal information disclosed in bulk will

 7
      be used, rented, or sold solely for uses permitted under this

 8
      part, and that surveys, marketing, and solicitations will not be

 9
      directed at those individuals who in a timely fashion have noti-

10
      fied the secretary of state that surveys, marketing, and solici-

11
      tations should not be directed at them.

12
           (4) The secretary of state may insert any safeguard the sec-

13
      retary considers reasonable or necessary, including a bond

14
      requirement, in a memorandum of agreement or purchase contract

15
      executed under this section, to ensure that the information fur-

16
      nished or sold is used only for a permissible use and that the

17
      rights of individuals and of the secretary of state are

18
      protected. 

19
           (2)  (5)  THE SECRETARY OF STATE SHALL NOT SELL OR DISCLOSE

20
      TO A PRIVATE PERSON OR ENTITY PERSONAL INFORMATION FROM THE

21
      RECORDS OF THE DEPARTMENT MAINTAINED UNDER THIS PART UNLESS THE

22
      SALE OR DISCLOSURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR BY

23
      OTHER STATE OR FEDERAL LAW. An authorized recipient of personal

24
      information disclosed under this section  who resells or

25
      rediscloses  MAY NOT SELL OR DISCLOSE the information  for sur-

26
      veys, marketing, and solicitations  UNLESS THE SALE OR DISCLOSURE

27
      IS SPECIFICALLY AUTHORIZED BY THIS ACT OR OTHER STATE OR FEDERAL



   04035'99 b
                                   8

 1
      LAW.  AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION WHO SELLS

 2
      OR DISCLOSES THE INFORMATION shall do both of the following:

 3
           (a) Make and keep for a period of not less than 5 years

 4
      records identifying each person who received personal information

 5
      from the authorized recipient and the permitted purpose for which

 6
      it was obtained.

 7
           (b) Allow a representative of the secretary of state, upon

 8
      request, to inspect and copy records identifying each person who

 9
      received personal information from the authorized recipient and

10
      the permitted purpose for which it was obtained.

11
           Sec. 81114b.  (1) An authorized recipient of personal infor-

12
      mation under section 81114a may  resell or redisclose  DISCLOSE

13
      the information ONLY for  any  A use permitted under section

14
      81114a.

15
           (2)  Any  AN authorized recipient of personal information

16
      disclosed under section 81114a  who resells or rediscloses  MAY

17
      NOT SELL OR DISCLOSE THE personal information UNLESS THE SALE OR

18
      DISCLOSURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR OTHER STATE

19
      OR FEDERAL LAW.  AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION

20
      WHO SELLS OR DISCLOSES THE INFORMATION shall be required by the

21
      secretary of state to maintain for a period of not less than 5

22
      years records as to the information obtained and the permitted

23
      use for which it was obtained, and to make such records available

24
      for inspection by the secretary of state, upon request.

25
           Sec. 81114c.  (1) Upon request, the secretary of state may

26
      furnish a list of information from the records of the department

27
      maintained under this part to a federal, state, or local



   04035'99 b
                                   9

 1
      governmental agency for use in carrying out the agency's

 2
      functions, or to a private person or entity acting on behalf of a

 3
      governmental agency for use in carrying out the agency's

 4
      functions.  Unless otherwise prohibited by law, the secretary of

 5
      state may charge the requesting agency a preparation fee to cover

 6
      the cost of preparing and furnishing a list provided under this

 7
      subsection if the cost of preparation exceeds $25.00, and use the

 8
      revenues received from the service to defray necessary expenses.

 9
      The secretary of state may require the requesting agency to fur-

10
      nish 1 or more blank computer tapes, cartridges, or other elec-

11
      tronic media, and may require the agency to execute a written

12
      memorandum of agreement as a condition of obtaining a list of

13
      information under this subsection.

14
            (2) The secretary of state may contract for the sale of

15
      lists of records maintained under this part in bulk, in addition

16
      to those lists distributed at cost or at no cost under this sec-

17
      tion, for purposes defined in section 81114a(3) as well as for

18
      surveys, marketing, and solicitations.  The secretary of state

19
      shall require each purchaser of information in bulk to execute a

20
      written purchase contract.  The secretary of state shall fix a

21
      market-based price for the sale of lists of bulk information,

22
      which may include personal information.  The proceeds from each

23
      sale shall be used by the secretary of state to defray the costs

24
      of list preparation and for other necessary or related expenses.

25
           (3) Before selling and furnishing any list of information

26
      under subsection (2) for surveys, marketing, and solicitations,





   04035'99 b
                                  10

 1
      the secretary of state shall implement methods and procedures

 2
      that accomplish all of the following:

 3
           (a) Furnish individuals with a conspicuous opportunity to be

 4
      informed of their right to prohibit the disclosure of personal

 5
      information about them for purposes of surveys, marketing, and

 6
      solicitations through an ongoing public information campaign

 7
      which shall include the use of printed signs in branch offices

 8
      and notices included with application and renewal forms to the

 9
      extent that the secretary of state continues to use paper forms

10
      for these purposes, and may include periodic press releases,

11
      public service announcements, advertisements, pamphlets, notices

12
      on forms, notices in electronic media, and other types of

13
      notice.  Each printed sign shall be not less than 8-1/2 inches

14
      wide by 11 inches high and contain a caption in not less than

15
      46-point type.  If the secretary of state furnishes notice on

16
      forms, the information printed on the forms shall be similar to

17
      the information printed on branch office signs.  The secretary of

18
      state shall review the public information campaign on an annual

19
      basis in order to update notice content and furnish notice by

20
      more effective means.

21
           (b) Provide individuals with a conspicuous opportunity,

22
      through a telephonic, automated, or other efficient system, to

23
      notify the secretary of state of their desire to prohibit the

24
      disclosure of personal information about them, for purposes of

25
      surveys, marketing, and solicitations.  The secretary of state

26
      may contract with another public or private person or agency to

27
      implement this subdivision.



   04035'99 b
                                  11

 1
           (c) Ensure that personal information disclosed in bulk will

 2
      be used, rented, or sold solely for uses permitted under this

 3
      part, and that surveys, marketing, and solicitations will not be

 4
      directed at those individuals who in a timely fashion have noti-

 5
      fied the secretary of state that surveys, marketing, and solici-

 6
      tations should not be directed at them.

 7
           (4) The secretary of state may insert any safeguard the sec-

 8
      retary considers reasonable or necessary, including a bond

 9
      requirement, in a memorandum of agreement or purchase contract

10
      executed under this section, to ensure that the information fur-

11
      nished or sold is used only for a permissible use and that the

12
      rights of individuals and of the secretary of state are

13
      protected. 

14
           (2)  (5)  THE SECRETARY OF STATE SHALL NOT SELL OR DISCLOSE

15
      TO A PRIVATE PERSON OR ENTITY PERSONAL INFORMATION FROM THE

16
      RECORDS OF THE DEPARTMENT MAINTAINED UNDER THIS PART UNLESS THE

17
      SALE OR DISCLOSURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR BY

18
      OTHER STATE OR FEDERAL LAW. An authorized recipient of personal

19
      information disclosed under this section  who resells or

20
      rediscloses  MAY NOT SELL OR DISCLOSE the information  for sur-

21
      veys, marketing, and solicitations  UNLESS THE SALE OR DISCLOSURE

22
      IS SPECIFICALLY AUTHORIZED BY THIS ACT OR OTHER STATE OR FEDERAL

23
      LAW.  AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION WHO SELLS

24
      OR DISCLOSES THE INFORMATION shall do both of the following:

25
           (a) Make and keep for a period of not less than 5 years

26
      records identifying each person who received personal information





   04035'99 b
                                  12

 1
      from the authorized recipient and the permitted purpose for which

 2
      it was obtained.

 3
           (b) Allow a representative of the secretary of state, upon

 4
      request, to inspect and copy records identifying each person who

 5
      received personal information from the authorized recipient and

 6
      the permitted purpose for which it was obtained.

 7
           (3)  (6)  The secretary of state shall not disclose a list

 8
      based on ORV operation or sanctions to a nongovernmental agency,

 9
      including an individual.

10
           Sec. 82156c.  (1) Upon request, the secretary of state may

11
      furnish a list of information from the records of the department

12
      maintained under this part to a federal, state, or local govern-

13
      mental agency for use in carrying out the agency's functions, or

14
      to a private person or entity acting on behalf of a governmental

15
      agency for use in carrying out the agency's functions.  Unless

16
      otherwise prohibited by law, the secretary of state may charge

17
      the requesting agency a preparation fee to cover the cost of pre-

18
      paring and furnishing a list provided under this subsection if

19
      the cost of preparation exceeds $25.00, and use the revenues

20
      received from the service to defray necessary expenses.  The sec-

21
      retary of state may require the requesting agency to furnish 1 or

22
      more blank computer tapes, cartridges, or other electronic media,

23
      and may require the agency to execute a written memorandum of

24
      agreement as a condition of obtaining a list of information under

25
      this subsection.

26
            (2) The secretary of state may contract for the sale of

27
      lists of records maintained under this part in bulk, in addition



   04035'99 b
                                  13

 1
      to those lists distributed at cost or at no cost under this

 2
      section, for purposes defined in section 82156a(3) as well as for

 3
      surveys, marketing, and solicitations.  The secretary of state

 4
      shall require each purchaser of information in bulk to execute a

 5
      written purchase contract.  The secretary of state shall fix a

 6
      market-based price for the sale of lists of bulk information,

 7
      which may include personal information.  The proceeds from each

 8
      sale shall be used by the secretary of state to defray the costs

 9
      of list preparation and for other necessary or related expenses.

10
           (3) Before selling and furnishing any list of information

11
      under subsection (2) for surveys, marketing, and solicitations,

12
      the secretary of state shall implement methods and procedures

13
      that accomplish all of the following:

14
           (a) Furnish individuals with a conspicuous opportunity to be

15
      informed of their right to prohibit the disclosure of personal

16
      information about them for purposes of surveys, marketing, and

17
      solicitations through an ongoing public information campaign

18
      which shall include the use of printed signs in branch offices

19
      and notices included with application and renewal forms to the

20
      extent that the secretary of state continues to use paper forms

21
      for these purposes, and may include periodic press releases,

22
      public service announcements, advertisements, pamphlets, notices

23
      on forms, notices in electronic media, and other types of

24
      notice.  Each printed sign shall be not less than 8-1/2 inches

25
      wide by 11 inches high and contain a caption in not less than

26
      46-point type.  If the secretary of state furnishes notice on

27
      forms, the information printed on the forms shall be similar to



   04035'99 b
                                  14

 1
      the information printed on branch office signs.  The secretary of

 2
      state shall review the public information campaign on an annual

 3
      basis in order to update notice content and furnish notice by

 4
      more effective means.

 5
           (b) Provide individuals with a conspicuous opportunity,

 6
      through a telephonic, automated, or other efficient system, to

 7
      notify the secretary of state of their desire to prohibit the

 8
      disclosure of personal information about them, for purposes of

 9
      surveys, marketing, and solicitations.  The secretary of state

10
      may contract with another public or private person or agency to

11
      implement this subdivision.

12
           (c) Ensure that personal information disclosed in bulk will

13
      be used, rented, or sold solely for uses permitted under this

14
      part, and that surveys, marketing, and solicitations will not be

15
      directed at those individuals who in a timely fashion have noti-

16
      fied the secretary of state that surveys, marketing, and solici-

17
      tations should not be directed at them.

18
           (4) The secretary of state may insert any safeguard the sec-

19
      retary considers reasonable or necessary, including a bond

20
      requirement, in a memorandum of agreement or purchase contract

21
      executed under this section, to ensure that the information fur-

22
      nished or sold is used only for a permissible use and that the

23
      rights of individuals and of the secretary of state are

24
      protected. 

25
           (2)  (5)  THE SECRETARY OF STATE SHALL NOT SELL OR DISCLOSE

26
      TO A PRIVATE PERSON OR ENTITY PERSONAL INFORMATION FROM THE

27
      RECORDS OF THE DEPARTMENT MAINTAINED UNDER THIS PART UNLESS THE



   04035'99 b
                                  15

 1
      SALE OR DISCLOSURE IS SPECIFICALLY AUTHORIZED BY THIS ACT OR BY

 2
      OTHER STATE OR FEDERAL LAW. An authorized recipient of personal

 3
      information disclosed under this section  who resells or

 4
      rediscloses  MAY NOT SELL OR DISCLOSE the information  for sur-

 5
      veys, marketing, and solicitations  UNLESS THE SALE OR DISCLOSURE

 6
      IS SPECIFICALLY AUTHORIZED BY THIS ACT OR OTHER STATE OR FEDERAL

 7
      LAW.  AN AUTHORIZED RECIPIENT OF PERSONAL INFORMATION WHO SELLS

 8
      OR DISCLOSES THE INFORMATION shall do both of the following:

 9
           (a) Make and keep for a period of not less than 5 years

10
      records identifying each person who received personal information

11
      from the authorized recipient and the permitted purpose for which

12
      it was obtained.

13
           (b) Allow a representative of the secretary of state, upon

14
      request, to inspect and copy records identifying each person who

15
      received personal information from the authorized recipient and

16
      the permitted purpose for which it was obtained.

17
           (3)  (6)  The secretary of state shall not disclose a list

18
      based on snowmobile operation or sanctions to a nongovernmental

19
      agency, including an individual.

20
            (7) The secretary of state, on a continuing basis, shall

21
      inform individuals of their right to prohibit the disclosure of

22
      personal information pertaining to them for purposes of surveys,

23
      marketing, and solicitations through the use of a telephone or

24
      other automated or efficient system, the use of inserts within

25
      individual mailings, and by placing appropriate signs within

26
      branch offices. 





   04035'99 b
                                  16

 1
           Enacting section 1.  This amendatory act does not take

 2
      effect unless all of the following bills of the 90th Legislature

 3
      are enacted into law:

 4
           (a) Senate Bill No. _____ or House Bill No. 5229  (request

 5
      no. 04035'99).

 6
           (b) Senate Bill No. _____ or House Bill No. 5230  (request

 7
      no. 04035'99 a).










































   04035'99 b          Final page.                          DMS