House Introduced Bill 5270

HOUSE BILL No. 5270


     February 3, 2000, Introduced by Reps. Richardville, Shackleton, Pumford, DeVuyst, Ruth Johnson, Koetje, Mortimer, Caul,
Faunce, Kukuk, Howell, LaSata, Birkholz, Gilbert, DeRossett, Sanborn, Van Woerkom, Hager, Gosselin, Julian, Rick Johnson,
Stamas, Ehardt, Scranton, Voorhees, Bovin, Middaugh, Bishop, Mans, Gieleghem, Kowall, Jansen, Kuipers, Toy, Bob Brown, Scott,
Jellema, Vear, Raczkowski, Martinez and Lemmons 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, 81114c, and 82156c

   (MCL 324.80130c, 324.80315c, 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


   05846'00                                                 TJS
                                              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  THE SECRETARY OF STATE

20
      OR ANY OTHER STATE AGENCY SHALL NOT SELL any list of information

21
      under subsection (2) for THE PURPOSE OF surveys, marketing, and

22
      solicitations.  , the secretary of state shall implement methods

23
      and procedures that accomplish all of the following:

24
           (a) Furnish individuals with a conspicuous opportunity to be

25
      informed of their right to prohibit the disclosure of personal

26
      information about them for purposes of surveys, marketing, and

27
      solicitations through an ongoing public information campaign



   05846'00
                                   3

 1
      which shall include the use of printed signs in branch offices

 2
      and notices included with application and renewal forms to the

 3
      extent that the secretary of state continues to use paper forms

 4
      for these purposes, and may include periodic press releases,

 5
      public service announcements, advertisements, pamphlets, notices

 6
      on forms, notices in electronic media, and other types of

 7
      notice.  Each printed sign shall be not less than 8-1/2 inches

 8
      wide by 11 inches high and contain a caption in not less than

 9
      46-point type.  If the secretary of state furnishes notice on

10
      forms, the information printed on the forms shall be similar to

11
      the information printed on branch office signs.  The secretary of

12
      state shall review the public information campaign on an annual

13
      basis in order to update notice content and furnish notice by

14
      more effective means.

15
           (b) Provide individuals with a conspicuous opportunity,

16
      through a telephonic, automated, or other efficient system, to

17
      notify the secretary of state of their desire to prohibit the

18
      disclosure of personal information about them, for purposes of

19
      surveys, marketing, and solicitations.  The secretary of state

20
      may contract with another public or private person or agency to

21
      implement this subdivision.

22
           (c) Ensure  THE SECRETARY OF STATE SHALL ENSURE that per-

23
      sonal information disclosed in bulk will be used, rented, or sold

24
      solely for uses permitted under this part.  , and that surveys,

25
      marketing, and solicitations will not be directed at those indi-

26
      viduals who in a timely fashion have notified the secretary of





   05846'00
                                   4

 1
      state that surveys, marketing, and solicitations should not be

 2
      directed at them. 

 3
           (4) The secretary of state may insert any safeguard the sec-

 4
      retary considers reasonable or necessary, including a bond

 5
      requirement, in a memorandum of agreement or purchase contract

 6
      executed under this section, to ensure that the information fur-

 7
      nished or sold is used only for a permissible use and that the

 8
      rights of individuals and of the secretary of state are

 9
      protected.

10
           (5) An authorized recipient of personal information dis-

11
      closed under this section who resells or rediscloses the informa-

12
      tion for  surveys, marketing, and solicitations  ANY OF THE PER-

13
      MISSIBLE PURPOSES DESCRIBED IN SECTION 80130A(3) shall do both of

14
      the following:

15
           (a) Make and keep for a period of not less than 5 years

16
      records identifying each person who received personal information

17
      from the authorized recipient and the permitted purpose for which

18
      it was obtained.

19
           (b) Allow a representative of the secretary of state, upon

20
      request, to inspect and copy records identifying each person who

21
      received personal information from the authorized recipient and

22
      the permitted purpose for which it was obtained.

23
           (6) The secretary of state shall not disclose a list based

24
      on watercraft operation or sanctions to a nongovernmental agency,

25
      including an individual.

26
           Sec. 80315c.  (1) Upon request, the secretary of state may

27
      furnish a list of information from the records of the department



   05846'00
                                   5

 1
      maintained under this part to a federal, state, or local

 2
      governmental agency for use in carrying out the agency's func-

 3
      tions, or to a private person or entity acting on behalf of a

 4
      governmental agency for use in carrying out the agency's

 5
      functions.  Unless otherwise prohibited by law, the secretary of

 6
      state may charge the requesting agency a preparation fee to cover

 7
      the cost of preparing and furnishing a list provided under this

 8
      subsection if the cost of preparation exceeds $25.00, and use the

 9
      revenues received from the service to defray necessary expenses.

10
      The secretary of state may require the requesting agency to fur-

11
      nish 1 or more blank computer tapes, cartridges, or other elec-

12
      tronic media, and may require the agency to execute a written

13
      memorandum of agreement as a condition of obtaining a list of

14
      information under this subsection.

15
           (2) The secretary of state may contract for the sale of

16
      lists of records maintained under this part in bulk, in addition

17
      to those lists distributed at cost or at no cost under this sec-

18
      tion, for purposes defined in section 80315a(3) as well as for

19
      surveys, marketing, and solicitations.  The secretary of state

20
      shall require each purchaser of information in bulk to execute a

21
      written purchase contract.  The secretary of state shall fix a

22
      market-based price for the sale of lists of bulk information,

23
      which may include personal information.  The proceeds from each

24
      sale shall be used by the secretary of state to defray the costs

25
      of list preparation and for other necessary or related expenses.

26
           (3)  Before selling and furnishing  THE SECRETARY OF STATE

27
      OR ANY OTHER STATE AGENCY SHALL NOT SELL any list of information



   05846'00
                                   6

 1
      under subsection (2) for THE PURPOSE OF surveys, marketing, and

 2
      solicitations.  , the secretary of state shall implement methods

 3
      and procedures that accomplish all of the following:

 4
           (a) Furnish individuals with a conspicuous opportunity to be

 5
      informed of their right to prohibit the disclosure of personal

 6
      information about them for purposes of surveys, marketing, and

 7
      solicitations through an ongoing public information campaign

 8
      which shall include the use of printed signs in branch offices

 9
      and notices included with application and renewal forms to the

10
      extent that the secretary of state continues to use paper forms

11
      for these purposes, and may include periodic press releases,

12
      public service announcements, advertisements, pamphlets, notices

13
      on forms, notices in electronic media, and other types of

14
      notice.  Each printed sign shall be not less than 8-1/2 inches

15
      wide by 11 inches high and contain a caption in not less than

16
      46-point type.  If the secretary of state furnishes notice on

17
      forms, the information printed on the forms shall be similar to

18
      the information printed on branch office signs.  The secretary of

19
      state shall review the public information campaign on an annual

20
      basis in order to update notice content and furnish notice by

21
      more effective means.

22
           (b) Provide individuals with a conspicuous opportunity,

23
      through a telephonic, automated, or other efficient system, to

24
      notify the secretary of state of their desire to prohibit the

25
      disclosure of personal information about them, for purposes of

26
      surveys, marketing, and solicitations.  The secretary of state





   05846'00
                                   7

 1
      may contract with another public or private person or agency to

 2
      implement this subdivision.

 3
           (c) Ensure  THE SECRETARY OF STATE SHALL ENSURE that per-

 4
      sonal information disclosed in bulk will be used, rented, or sold

 5
      solely for uses permitted under this part.  , and that surveys,

 6
      marketing, and solicitations will not be directed at those indi-

 7
      viduals who in a timely fashion have notified the secretary of

 8
      state that surveys, marketing, and solicitations should not be

 9
      directed at them. 

10
           (4) The secretary of state may insert any safeguard the sec-

11
      retary considers reasonable or necessary, including a bond

12
      requirement, in a memorandum of agreement or purchase contract

13
      executed under this section, to ensure that the information fur-

14
      nished or sold is used only for a permissible use and that the

15
      rights of individuals and of the secretary of state are

16
      protected.

17
           (5) An authorized recipient of personal information dis-

18
      closed under this section who resells or rediscloses the informa-

19
      tion for  surveys, marketing, and solicitations  ANY OF THE PER-

20
      MISSIBLE PURPOSES DESCRIBED IN SECTION 80315A(3) shall do both of

21
      the following:

22
           (a) Make and keep for a period of not less than 5 years

23
      records identifying each person who received personal information

24
      from the authorized recipient and the permitted purpose for which

25
      it was obtained.

26
           (b) Allow a representative of the secretary of state, upon

27
      request, to inspect and copy records identifying each person who



   05846'00
                                   8

 1
      received personal information from the authorized recipient and

 2
      the permitted purpose for which it was obtained.

 3
           Sec. 81114c.  (1) Upon request, the secretary of state may

 4
      furnish a list of information from the records of the department

 5
      maintained under this part to a federal, state, or local govern-

 6
      mental agency for use in carrying out the agency's functions, or

 7
      to a private person or entity acting on behalf of a governmental

 8
      agency for use in carrying out the agency's functions.  Unless

 9
      otherwise prohibited by law, the secretary of state may charge

10
      the requesting agency a preparation fee to cover the cost of pre-

11
      paring and furnishing a list provided under this subsection if

12
      the cost of preparation exceeds $25.00, and use the revenues

13
      received from the service to defray necessary expenses.  The sec-

14
      retary of state may require the requesting agency to furnish 1 or

15
      more blank computer tapes, cartridges, or other electronic media,

16
      and may require the agency to execute a written memorandum of

17
      agreement as a condition of obtaining a list of information under

18
      this subsection.

19
           (2) The secretary of state may contract for the sale of

20
      lists of records maintained under this part in bulk, in addition

21
      to those lists distributed at cost or at no cost under this sec-

22
      tion, for purposes defined in section 81114a(3).  as well as for

23
      surveys, marketing, and solicitations.  The secretary of state

24
      shall require each purchaser of information in bulk to execute a

25
      written purchase contract.  The secretary of state shall fix a

26
      market-based price for the sale of lists of bulk information,

27
      which may include personal information.  The proceeds from each



   05846'00
                                   9

 1
      sale shall be used by the secretary of state to defray the costs

 2
      of list preparation and for other necessary or related expenses.

 3
           (3)  Before selling and furnishing  THE SECRETARY OF STATE

 4
      OR ANY OTHER STATE AGENCY SHALL NOT SELL any list of information

 5
      under subsection (2) for THE PURPOSE OF surveys, marketing, and

 6
      solicitations.  , the secretary of state shall implement methods

 7
      and procedures 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



   05846'00
                                  10

 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  THE SECRETARY OF STATE SHALL ENSURE that per-

 7
      sonal information disclosed in bulk will be used, rented, or sold

 8
      solely for uses permitted under this part.  , and that surveys,

 9
      marketing, and solicitations will not be directed at those indi-

10
      viduals who in a timely fashion have notified the secretary of

11
      state that surveys, marketing, and solicitations should not be

12
      directed at them. 

13
           (4) The secretary of state may insert any safeguard the sec-

14
      retary considers reasonable or necessary, including a bond

15
      requirement, in a memorandum of agreement or purchase contract

16
      executed under this section, to ensure that the information fur-

17
      nished or sold is used only for a permissible use and that the

18
      rights of individuals and of the secretary of state are

19
      protected.

20
           (5) An authorized recipient of personal information dis-

21
      closed under this section who resells or rediscloses the informa-

22
      tion for  surveys, marketing, and solicitations  ANY OF THE PER-

23
      MISSIBLE PURPOSES DESCRIBED IN SECTION 81114A(3) shall do both of

24
      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





   05846'00
                                  11

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

 8
      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



   05846'00
                                  12

 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

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

 4
      state shall require each purchaser of information in bulk to exe-

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

 6
      fix a market-based price for the sale of lists of bulk informa-

 7
      tion, which may include personal information.  The proceeds from

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

 9
      costs of list preparation and for other necessary or related

10
      expenses.

11
           (3)  Before selling and furnishing  THE SECRETARY OF STATE

12
      OR ANY OTHER STATE AGENCY SHALL NOT SELL any list of information

13
      under subsection (2) for THE PURPOSE OF surveys, marketing, and

14
      solicitations.  , the secretary of state shall implement methods

15
      and procedures that accomplish all of the following:

16
           (a) Furnish individuals with a conspicuous opportunity to be

17
      informed of their right to prohibit the disclosure of personal

18
      information about them for purposes of surveys, marketing, and

19
      solicitations through an ongoing public information campaign

20
      which shall include the use of printed signs in branch offices

21
      and notices included with application and renewal forms to the

22
      extent that the secretary of state continues to use paper forms

23
      for these purposes, and may include periodic press releases,

24
      public service announcements, advertisements, pamphlets, notices

25
      on forms, notices in electronic media, and other types of

26
      notice.  Each printed sign shall be not less than 8-1/2 inches

27
      wide by 11 inches high and contain a caption in not less than



   05846'00
                                  13

 1
      46-point type.  If the secretary of state furnishes notice on

 2
      forms, the information printed on the forms shall be similar to

 3
      the information printed on branch office signs.  The secretary of

 4
      state shall review the public information campaign on an annual

 5
      basis in order to update notice content and furnish notice by

 6
      more effective means.

 7
           (b) Provide individuals with a conspicuous opportunity,

 8
      through a telephonic, automated, or other efficient system, to

 9
      notify the secretary of state of their desire to prohibit the

10
      disclosure of personal information about them, for purposes of

11
      surveys, marketing, and solicitations.  The secretary of state

12
      may contract with another public or private person or agency to

13
      implement this subdivision.

14
           (c) Ensure  THE SECRETARY OF STATE SHALL ENSURE that per-

15
      sonal information disclosed in bulk will be used, rented, or sold

16
      solely for uses permitted under this part.  , and that surveys,

17
      marketing, and solicitations will not be directed at those indi-

18
      viduals who in a timely fashion have notified the secretary of

19
      state that surveys, marketing, and solicitations should not be

20
      directed at them. 

21
           (4) The secretary of state may insert any safeguard the sec-

22
      retary considers reasonable or necessary, including a bond

23
      requirement, in a memorandum of agreement or purchase contract

24
      executed under this section, to ensure that the information fur-

25
      nished or sold is used only for a permissible use and that the

26
      rights of individuals and of the secretary of state are

27
      protected.



   05846'00
                                  14

 1
           (5) An authorized recipient of personal information

 2
      disclosed under this section who resells or rediscloses the

 3
      information for  surveys, marketing, and solicitations  ANY OF

 4
      THE PERMISSIBLE PURPOSES DESCRIBED IN SECTION 82156A(3) shall do

 5
      both of the following:

 6
           (a) Make and keep for a period of not less than 5 years

 7
      records identifying each person who received personal information

 8
      from the authorized recipient and the permitted purpose for which

 9
      it was obtained.

10
           (b) Allow a representative of the secretary of state, upon

11
      request, to inspect and copy records identifying each person who

12
      received personal information from the authorized recipient and

13
      the permitted purpose for which it was obtained.

14
           (6) The secretary of state shall not disclose a list based

15
      on snowmobile operation or sanctions to a nongovernmental agency,

16
      including an individual.

17
            (7) The secretary of state, on a continuing basis, shall

18
      inform individuals of their right to prohibit the disclosure of

19
      personal information pertaining to them for purposes of surveys,

20
      marketing, and solicitations through the use of a telephone or

21
      other automated or efficient system, the use of inserts within

22
      individual mailings, and by placing appropriate signs within

23
      branch offices. 











   05846'00          Final page.                            TJS