SB-0549, As Passed House, September 22, 2005
SUBSTITUTE FOR
SENATE BILL NO. 549
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 208b and 232 (MCL 257.208b and 257.232),
section 208b as amended by 2000 PA 159 and section 232 as amended
by 2000 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 208b. (1) The secretary of state may provide a commercial
look-up service of records maintained under this act. For each
individual record looked up, the secretary of state shall charge a
fee specified annually by the legislature, or if the legislature
does not specify a fee, a market-based price established by the
secretary of state. The secretary of state shall process a
commercial look-up request only if the request is in a form or
format prescribed by the secretary of state. Fees collected under
Senate Bill No. 549 (S-1) as amended September 21, 2005
this subsection on and after October 1, [2005] shall be credited to
the transportation administration collection fund created in
section 810b.
(2) A driver training school operator shall subscribe to the
commercial look-up service maintained by the secretary of state.
(3) A driver training school operator shall maintain on the
premises of the driver training school the most current copy of all
nonpersonal information related to his or her driving record and
the driving record of each instructor employed by the driver
training school operator for review by any prospective customer or
the parent or guardian of a prospective customer.
(4) A prospective customer or the parent or guardian of a
prospective customer may review a copy of all nonpersonal
information related to the driving record of the driver training
school operator or an instructor employed by the driver training
school operator.
(5) A driver training school operator shall include in its
contract with each client, as prescribed by the secretary of state,
a notice that nonpersonal information related to the driving record
of each individual instructor is available for review by the
general public. A driver training school operator that fails to
include the information required by this subsection is subject to a
fine of not more than $500.00.
(6) Each limo carrier of passengers shall subscribe to the
commercial look-up service maintained by the secretary of state.
(7) A person who drives a limousine for hire for a limo
carrier of passengers shall maintain a most current copy of all
nonpersonal information related to the person's driving record in
the limousine available for review by any prospective passenger.
(8) A prospective passenger may review a copy of all
nonpersonal information related to the driving record of the driver
of a limousine from a limo carrier of passengers or from the driver
of the limousine.
(9) The secretary of state shall not provide an entire
computerized central file or other file of records maintained under
this act to a nongovernmental person or entity, unless the person
or entity pays the prescribed fee for each individual record
contained within the computerized file.
(10) A driver training school operator who fails to provide
the information required to be maintained by this section is
subject to a fine of not more than $500.00. Each failure to provide
information constitutes a separate offense.
(11) A limo carrier of passengers who fails to provide the
information required to be maintained by this section is subject to
a fine of not more than $500.00. Each failure to provide
information constitutes a separate offense.
(12) The driver of a limousine who fails to provide the
information required by this section is subject to a fine of not
more than $500.00. Each failure to provide information constitutes
a separate offense.
(13) As used in this section:
(a) "Driver training school operator" means a person licensed
to operate a driver training school under part 2 of the driver
education
and training schools act, 1974 PA 369,
MCL 256.601
256.602 to 256.609.
(b) "Limo carrier of passengers" and "limousine" mean those
terms as defined in section 3 of the limousine transportation act,
1990 PA 271, MCL 257.1903.
Sec. 232. (1) Upon request, the secretary of state may furnish
a list of information from the records of the department maintained
under this act to a federal, state, or local governmental agency
for use in carrying out the agency's functions, or to a private
person or entity acting on behalf of a governmental agency for use
in carrying out the agency's functions. The secretary of state may
charge the requesting agency a preparation fee to cover the cost of
preparing and furnishing a list provided under this subsection if
the cost of preparation exceeds $25.00, and use the revenues
received from the service to defray necessary expenses. If the
secretary of state sells a list of information under this
subsection to a member of the state legislature, the secretary of
state shall charge the same fee as the fee for the sale of
information under subsection (2) unless the list of information is
requested by the member of the legislature to carry out a
legislative function. The secretary of state may require the
requesting agency to furnish 1 or more blank computer tapes,
cartridges, or other electronic media and may require the agency to
execute a written memorandum of agreement as a condition of
obtaining a list of information under this subsection.
(2) The secretary of state may contract for the sale of lists
of driver and motor vehicle records and other records maintained
under this act in bulk, in addition to those lists distributed at
Senate Bill No. 549 (S-1) as amended September 21, 2005
cost or at no cost under this section for purposes permitted by and
described in section 208c(3). The secretary of state shall require
each purchaser of records in bulk to execute a written purchase
contract. The secretary of state shall fix a market-based price for
the sale of such lists or other records maintained in bulk, which
may include personal information. The proceeds from each sale made
under this subsection on and after October 1, [2005] shall be
credited
to the secretary of state's commercial look-up account
transportation administration collection fund created in section
810b.
(3) The secretary of state or any other state agency shall not
sell or furnish any list of information under subsection (2) for
the purpose of surveys, marketing, and solicitations. The secretary
of state shall ensure that personal information disclosed in bulk
will be used, rented, or sold solely for uses permitted under this
act.
(4) The secretary of state may insert any safeguard the
secretary considers reasonable or necessary, including a bond
requirement, in a memorandum of agreement or purchase contract
executed under this section, to ensure that the information
provided or sold is used only for a permissible purpose and that
the rights of individuals and of the department are protected.
(5) An authorized recipient of personal information disclosed
under this section who resells or rediscloses the information for
any of the purposes permitted by and described in section 208c(3)
shall do both of the following:
(a) Make and keep for a period of not less than 5 years
records identifying each person who received personal information
from the authorized recipient and the permitted purpose for which
it was obtained.
(b) Allow a representative of the secretary of state, upon
request, to inspect and copy records identifying each person who
received personal information from the authorized recipient and the
permitted purpose for which it was obtained.
(6) The secretary of state shall not disclose a list based on
driving behavior or sanctions to a nongovernmental agency,
including an individual.
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. 550.