SB-0966, As Passed Senate, February 28, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 966

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 added by 1997 PA 99 and by

adding section 9a.

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. ~~However, highly~~ 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, ~~Public Law 85-506,~~ 15 ~~U.S.C.~~ USC 1231 to ~~1232 and~~

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, ~~106 Stat. 3384,~~ the clean air act,

chapter 360, 69 Stat. 322, ~~42 U.S.C. 7401 to 7431, 7470 to 7479,~~

~~7491 to 7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541 to~~

~~7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601~~

~~to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642,~~

~~7651 to 7651o, 7661 to 7661f, and 7671 to 7671q,~~ 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.

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, of

~~1965,~~ 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 ~~guard act of 1968~~ business and security alarm act, 1968 PA

330, MCL 338.1051 to ~~338.1085~~ 338.1083, 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 ~~1966~~ 1986, ~~title XII of~~

Public Law 99-570, ~~100 Stat. 3207-170,~~ 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, MCL 28.305, may be used and disclosed for

the purposes of subsection (3)(a) and (l).

Sec. 9a. The department shall examine and determine the

genuineness, regularity, and legality of every application for an

official state identification card, and may in all cases make

investigation as the department considers necessary or require

additional information. The department shall reject any application

for an official state identification card if not satisfied of the

genuineness, regularity, or legality of the application or the

truth of any statement contained in the application, or for any

other reason when authorized by law.