SB-0963, As Passed Senate, February 6, 2008

SUBSTITUTE FOR

SENATE BILL NO. 963

     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 sections 1, 1a, 2, and 8 (MCL 28.291, 28.291a, 28.292,

and 28.298), sections 1 and 2 as amended by 2005 PA 143 and

sections 1a and 8 as added by 1997 PA 99, and by adding sections 2a

and 2b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) A person who is a resident of this state may apply

to the department of state for an official state personal

identification card. Upon application, the applicant shall supply a

photographic identity document, a birth certificate attesting to

his or her age or other nonphotographic identity document, and

other sufficient documents or identification as the secretary of

state may require. These documents shall demonstrate the

applicant's full legal name, date of birth, social security number,

and address and residency, and that the applicant is a citizen of

the United States, is an alien lawfully admitted for permanent or

temporary residence in the United States, or has conditional

permanent resident status in the United States. If the applicant's

full legal name differs from the name that appears on an identity

document presented under this section, the applicant must present

evidence of his or her name change using documents issued by a

court, government agency, or other entity as determined by the

secretary of state. An application for a state personal

identification card shall be made in a manner prescribed by the

secretary of state and shall contain the applicant's full legal

name, date of birth, social security number, residence address,

height, sex, eye color, signature, and , beginning January 1, 2007,

intent to be an organ donor, and other information required or

permitted on the official state personal identification card. The

applicant may provide a mailing address if the applicant receives

mail at an address different from his or her residence address.

     (2) The secretary of state shall not issue an official state

personal identification card to a person who holds an operator's or

chauffeur's license issued under the Michigan vehicle code, 1949 PA

300, MCL 257.1 to 257.923, unless the license has been suspended,

revoked, or restricted.

     (3) Unless otherwise eligible under section 2a, the secretary

Senate Bill No. 963 as amended February 5, 2008

of state shall not issue an official state personal identification

card to a person who is not a citizen of the United States.

     (4) The secretary of state shall not disclose a social

security number obtained under subsection (1) to another person

except for use for 1 or more of the following purposes:

     (a) Compliance with 49 USC 31301 to 31317 and regulations and

rules related to this act.

     (b) To carry out the purposes of section 466(a) of the social

security act, 42 USC 666, in connection with matters relating to

paternity, child support, or overdue child support.

     (c) To check an applicant's driving record through the

national driver register and the commercial driver license

information system when issuing a license under this act.

     (d) With the department of community health, for comparison

with vital records maintained by the department of community health

under part 28 of the public health code, 1978 PA 368, MCL 333.2801

to 333.2899.

     (e) As otherwise required by law.

     (5) The secretary of state shall not display a person's social

security number on the person's <<personal identification card.>>

     (6) A requirement under this section to include a social

security number on an application does not apply to an applicant

who demonstrates he or she is exempt under law from obtaining a

social security number.

     Sec. 1a. As used in this act:

     (a) "Highly restricted personal information" includes an

individual's photograph or image, social security number, digitized

signature, and medical and disability information and source

documents presented by an applicant to obtain a personal

identification card under section 2.

     (b) "Personal information" means information that identifies

an individual, including the individual's photograph or image,

name, address (but not the 5-digit zip code), driver license

number, social security number, telephone number, digitized

signature, and medical and disability information.

     (c) "Resident" means a person who establishes that he or she

is legally present in the United States.

     (d) "Verify" means procedures established by the secretary of

state to do both of the following:

     (i) Authenticate documents by determining whether the source

document is genuine and has not been altered.

     (ii) Verify data by determining whether the identity data

contained on the document are valid.

     Sec. 2. (1) The official state personal identification card

shall contain the following:

     (a) An identification number permanently assigned to the

person.

     (b) The full legal name, date of birth, sex, residential

address, height, weight, eye color, digital photographic image, and

signature of the person to whom the identification card is issued

applicant, date of transaction, expiration date, and an indicator

that the license was issued in compliance with the 2008 amendatory

act that amended this section.

     (c) An indication that the identification card contains 1 or

more of the following:

     (i) The blood type of the person.

     (ii) Immunization data of the person.

     (iii) Medication data of the person.

     (iv) A statement that the person is deaf.

     (v) Until January 1, 2007, a statement that the person is an

organ and tissue donor under part 101 of the public health code,

1978 PA 368, MCL 333.10101 to 333.10109. If the identification card

contains such a statement, the statement shall include the

signature of the person, along with the signature of at least 1

witness.

     (vi) Emergency contact information of the person.

     (vii) A sticker or decal as specified by the secretary of state

to indicate that the holder of the official state personal

identification card has designated 1 or more patient advocates in

accordance with section 5506 of the estates and protected

individuals code, 1998 PA 386, MCL 700.5506, or a statement that he

or she carries an emergency medical information card, as described

in subsection (5).

     (d) In the case of a person who is less than 18 years of age

at the time of issuance of the identification card, the dates on

which the person will become 18 years of age and 21 years of age.

     (e) In the case of a person who is not less than 18 years of

age but less than 21 years of age at the time of issuance of the

identification card, the date on which the person will become 21

years of age.

(d) (f) Beginning January 1, 2007, in In the case of a holder

of an official state personal identification card who has indicated

his or her wish to participate in the organ and tissue donor

registry under part 101 of the public health code, 1978 PA 368, MCL

333.10101 to 333.10109, a heart insignia on the front of the

official state personal identification card.

     (e) Physical security features designed to prevent tampering,

counterfeiting, or duplication of the official state personal

identification card for fraudulent purposes.

     (2) In conjunction with the application for or, until January

1, 2007, the issuance of an official state personal identification

card, the secretary of state shall do all of the following:

     (a) Provide the applicant with all of the following:

     (i) Information explaining the applicant's right to make an

anatomical gift in the event of death under part 101 of the public

health code, 1978 PA 368, MCL 333.10101 to 333.10109, and in

accordance with this section.

     (ii) Information describing the organ, tissue, and eye donor

registry program maintained by Michigan's federally designated

organ procurement organization or its successor organization. The

information required under this subparagraph includes the address

and telephone number of Michigan's federally designated organ

procurement organization or its successor organization.

     (iii) Information giving the applicant the opportunity to have

his or her name placed on the registry described in subparagraph

(ii).

     (b) Provide the applicant with the opportunity to specify on

his or her official state personal identification card that he or

she is willing to make an anatomical gift in the event of death

pursuant to part 101 of the public health code, 1978 PA 368, MCL

333.10101 to 333.10109, and in accordance with this section.

     (c) Inform the applicant that, if he or she indicates to the

secretary of state under this section a willingness to have his or

her name placed on the registry described in subdivision (a)(ii),

the secretary of state will mark the applicant's record for the

registry.

     (3) The secretary of state may fulfill the requirements of

subsection (2) by 1 or more of the following methods:

     (a) Providing printed material enclosed with a mailed notice

for the issuance or renewal of an official state personal

identification card.

     (b) Providing printed material to an applicant who personally

appears at a secretary of state branch office.

     (c) Through electronic information transmittals for

applications processed by electronic means.

     (4) Until January 1, 2007, if an applicant indicates a

willingness under this section to have his or her name placed on

the registry described in subsection (2)(a)(ii), the secretary of

state shall within 10 days forward the applicant's name, address,

and date of birth to the organ donor registry maintained by

Michigan's federally designated organ procurement organization or

its successor organization. The secretary of state may forward

information under this subsection by mail or by electronic means.

The secretary of state shall not maintain a record of the name or

address of an individual who indicates a willingness to have his or

her name placed on the organ donor registry after forwarding that

information to the organ donor registry under this subsection.

Information about an applicant's indication of a willingness to

have his or her name placed on the organ donor registry obtained by

the secretary of state under subsection (2) and forwarded under

this subsection is exempt from disclosure under section 13(1)(d) of

the freedom of information act, 1976 PA 442, MCL 15.243.

     (5) The secretary of state shall prescribe the form of the

identification card. The secretary of state shall designate on the

identification card a space where the applicant may place a sticker

or decal of the uniform size as the secretary may specify to

indicate that the cardholder carries a separate emergency medical

information card. The sticker or decal may be provided by any

person, hospital, school, medical group, or association interested

in assisting in implementing the emergency medical information

card, but shall meet the specifications of the secretary of state.

The sticker or decal also may be used to indicate that the

cardholder has designated 1 or more patient advocates in accordance

with section 5506 of the estates and protected individuals code,

1998 PA 386, MCL 700.5506. The emergency medical information card,

carried separately by the cardholder, may contain the information

described in subsection (2)(c), information concerning the

cardholder's patient advocate designation, other emergency medical

information, or an indication as to where the cardholder has stored

or registered emergency medical information. An original

identification card or the renewal of an existing identification

card issued to a person less than 21 years of age shall be portrait

or vertical in form and an identification card issued to a person

21 years of age or over shall be landscape or horizontal in form.

Except as otherwise required in this act, other information

required on the identification card under this act may appear on

the identification card in a form prescribed by the secretary of

state.

     (6) The identification card shall not contain a fingerprint or

finger image of the applicant.

     (7) Except as provided in this subsection, the secretary of

state may shall retain and use a person's digital photographic

image and signature described in subsection (1)(b) only for

programs administered by the secretary of state. Except as provided

in this subsection, the secretary of state shall not use a person's

image unless written permission for that purpose is granted by the

person to the secretary of state or specific enabling legislation

permitting the use is enacted into law. A law enforcement agency of

this state shall have access to any information retained by the

secretary of state under this subsection. The information may be

utilized for any law enforcement purpose unless otherwise

prohibited by law. The department of state police shall provide to

the secretary of state updated lists of persons required under

section 5a of the sex offenders registration act, 1994 PA 295, MCL

28.725a, to maintain a valid operator's or chauffeur's license or

an official state personal identification card and the secretary of

state shall make images of those persons available to the

department of state police as provided in the sex offenders

registration act, 1994 PA 295, MCL 28.721 to 28.732. A person's

digital photographic image or signature shall only be used as

follows:

     (a) By a federal, state, or local governmental agency for a

law enforcement purpose.

     (b) By the secretary of state for a program administered by

the secretary of state.

     (c) By the secretary of state for a purpose other than a

purpose described in subdivision (b), if the person gives written

permission.

     (d) The secretary of state shall forward to the department of

state police the images of persons required to be registered under

the sex offenders registration act, 1994 PA 295, MCL 28.721 to

28.736, upon the department of state police providing the secretary

of state an updated list of those persons.

     (e) As necessary to comply with a law of this state or the

United States.

     (8) If a person presents evidence of statutory blindness as

provided in 1978 PA 260, MCL 393.351 to 393.368, and is issued or

is the holder of an official state personal identification card,

the secretary of state shall mark the person's identification card

in a manner that clearly indicates that the cardholder is legally

blind.

     (9) Beginning January 1, 2007, the The secretary of state

shall maintain a record of an individual who indicates a

willingness to have his or her name placed on the registry

described in subsection (2)(a)(ii). Information about a person's

indication of a willingness to have his or her name placed on the

registry that is obtained by the secretary of state and forwarded

under this section is exempt from disclosure under section 13(1)(d)

of the freedom of information act, 1976 PA 442, MCL 15.243. The

secretary of state shall establish and maintain the organ, tissue,

and eye donor registry in a manner that provides electronic access,

including, but not limited to, the transfer of data to this state's

federally designated organ procurement organizations, their

successor organizations, and tissue and eye banks with limitations

on the use of and access to the donor registry as determined by the

secretary of state.

     (10) An official state personal identification card may

contain an identifier for voter registration purposes.

     (11) An official state personal identification card may shall

contain 2-dimensional information appearing in electronic or

machine readable codes needed to conduct a transaction with the

secretary of state a bar code with defined minimum data elements.

The information shall be limited to the person's identification

card number, birth date, expiration date, and other information

necessary for use with electronic devices, machine readers, or

automatic teller machines and shall not contain the person's name,

address, driving record, or other personal identifier. The

identification card shall identify the encoded information. As used

in this subsection, "defined minimum data elements" means that

phrase as defined in section 30c of the Michigan vehicle code, 1949

PA 300, MCL 257.30c.

     (12) Except as otherwise provided in this section, a person

shall not access, use, compile, or maintain a database of

electronically readable information from the 2-dimensional bar

code. A person who violates this subsection is guilty of a felony.

     (13) Subsection (12) does not apply to either of the

following:

     (a) A person who accesses, uses, compiles, or maintains a

database of electronically readable information from the 2-

dimensional bar code for use by a federal, state, or local

government agency in carrying out the agency's functions.

     (b) A person who accesses or uses electronically readable

information from the 2-dimensional bar code for use only for

purposes of confirming the applicant's identity or date of birth at

the point of sale. Access or use under this subdivision does not

permit compilation or maintenance of a database of electronically

readable information from the 2-dimensional bar code.

     (14) (11) An official state personal identification card shall

be issued only upon authorization of the secretary of state, and

shall be manufactured in a manner to prohibit as nearly as possible

the ability to reproduce, alter, counterfeit, forge, or duplicate

the identification card without ready detection.

(15) (12) Except as otherwise provided in this act, an

applicant shall pay a fee of $10.00 not more than $20.00 to the

secretary of state for each original or renewal identification card

issued. The department of treasury shall deposit the fees received

and collected under this section in the state treasury to the

credit of the general transportation administration collection

fund. The legislature shall appropriate the fees credited to the

general transportation administration collection fund under this

act to the secretary of state for the administration of this act.

Appropriations from the Michigan transportation fund created under

section 10 of 1951 PA 51, MCL 247.660, shall not be used to

compensate the secretary of state for costs incurred and services

performed under this section.

(16) (13) An original or renewal official state personal

identification card expires on the birthday of the person to whom

it is issued in the fourth year following the date of issuance. The

secretary of state shall not issue an official state personal

identification card under this act for a period greater than 4

years. Except as provided in this subsection or as provided for a

limited-term official state personal identification card, a person

may apply for a renewal of an official state personal

identification card by mail or by other methods prescribed by the

secretary of state. Until December 1, 2013, the secretary of state

may allow a person born on or before December 1, 1964 to renew his

or her personal identification card by mail for an additional 4-

year period. The secretary of state shall require renewal in person

by a person required under section 5a of the sex offenders

registration act, 1994 PA 295, MCL 28.725a, to maintain a valid

operator's or chauffeur's license or official state personal

identification card.

(17) (14) The secretary of state shall waive the fee under

this section if the applicant is any of the following:

     (a) A person 65 years of age or older.

     (b) A person who has had his or her operator's or chauffeur's

license suspended, revoked, or denied under the Michigan vehicle

code, 1949 PA 300, MCL 257.1 to 257.923, because of a mental or

physical infirmity or disability.

     (c) A person who presents evidence of statutory blindness as

provided in 1978 PA 260, MCL 393.351 to 393.368.

     (d) A person who presents other good cause for a fee waiver.

     (e) Beginning January 1, 2007, a A person who wishes to add or

remove a heart insignia described in subsection (1)(f).

(18) (15) A person who has been issued an official state

personal identification card shall apply for a renewal official

state personal identification card if the person changes his or her

name.

(19) (16) A person who has been issued an official state

personal identification card shall apply for a corrected

identification card if he or she changes his or her residential

address. The secretary of state may correct the address on an

identification card by a method prescribed by the secretary of

state. A fee shall not be charged for a change of residential

address.

(20) (17) Except as otherwise provided in subsections (15)

(18) and (16) (19), a person who has been issued an official state

personal identification card may apply for a renewal official state

personal identification card for 1 or more of the following

reasons:

     (a) The person wants to change any information on the

identification card.

     (b) An identification card issued under this act is lost,

destroyed, or mutilated, or becomes illegible.

(21) (18) A person may indicate on an official state personal

identification card in a place designated by the secretary of state

his or her blood type, emergency contact information, immunization

data, medication data, a statement that the person is deaf, or,

until January 1, 2007, a statement that the person has made an

anatomical gift under part 101 of the public health code, 1978 PA

368, MCL 333.10101 to 333.10109.

(22) (19) If an applicant provides proof to the secretary of

state that he or she is a minor who has been emancipated under 1968

PA 293, MCL 722.1 to 722.6, the official state personal

identification card shall bear the designation of the individual's

emancipated status in a manner prescribed by the secretary of

state.

(23) (20) Beginning January 1, 2007, the The secretary of

state shall inquire of each person who applies for or who holds an

official state personal identification card, in person or by mail,

whether he or she agrees to participate in the organ, tissue, and

eye donor registry under part 101 of the public health code, 1978

PA 368, MCL 333.10101 to 333.10109. A person who has agreed to

participate in that registry shall not be considered to have

revoked that agreement solely because the person's official state

personal identification card has expired. Enrollment in the organ,

tissue, and eye donor registry constitutes a legal agreement that

remains binding and in effect after the donor's death regardless of

the expressed desires of the deceased donor's next of kin who may

oppose the donor's organ, tissue, or eye donation.

(24) (21) A valid official state personal identification card

presented by the person to whom the card is issued shall be

considered the same as a valid state of Michigan driver license

when identification is requested except as otherwise specifically

provided by law.

     Sec. 2a. (1) Before issuing an official state personal

identification card to an applicant, the secretary of state shall

require and the applicant shall produce documentary evidence as the

secretary of state requires showing that 1 or more of the following

applies to the applicant:

     (a) The applicant is a citizen of the United States.

     (b) The applicant is an alien lawfully admitted for permanent

or temporary residence in the United States.

     (c) The applicant has conditional permanent residence status

in the United States.

     (d) The applicant has a valid, unexpired nonimmigrant visa or

nonimmigrant visa status for entry into the United States.

     (e) The applicant has an approved application for asylum in

the United States.

     (f) The applicant has entered into the United States in

refugee status.

     (g) The applicant has a pending or approved application for

temporary protected status in the United States.

     (h) The applicant has approved deferred action status.

     (i) The applicant has a pending application for adjustment of

status to that of an alien lawfully admitted for permanent

residence in the United States or conditional permanent residence

status in the United States.

     (2) If an applicant presents evidence described in subsection

(1)(d) through (i), the secretary of state shall not issue an

official state personal identification card, but may issue a

limited-term official state personal identification card to the

applicant. A limited-term official state personal identification

card issued under this subsection is valid only during the period

of time that the applicant is authorized to stay in the United

States or, if there is no definite end to the period of authorized

stay, for 1 year.

     (3) A limited-term official state personal identification card

issued under this section shall indicate that it is valid for a

limited term and shall state the date on which it expires.

     (4) A limited-term official state personal identification card

issued under this section may be renewed only upon presentation of

valid documentary evidence that the status by which the applicant

qualified for the limited-term official state personal

identification card has been extended by the United States

secretary of homeland security.

     (5) The secretary of state shall use electronic systems to

verify source documents, identity information, and the applicant's

legal presence in the United States as those systems become

available and use other methods to verify source documents,

identity information, and the applicant's legal presence in the

United States as prescribed by the secretary of state. The

secretary of state shall not accept a foreign document, other than

an official passport, to satisfy the application requirements under

this act.

     (6) The secretary of state shall use technology to capture

digital images of identity source documents so that the images are

capable of being retained in electronic storage in a transferable

format.

     (7) The secretary of state shall retain paper copies of source

documents presented by an applicant to obtain an official state

personal identification card for not less than 7 years or images of

those source documents for not less than 10 years.

     (8) The secretary of state shall establish an effective

procedure to confirm or verify a renewing applicant's information.

     (9) The secretary of state shall confirm with the social

security administration a social security account number presented

by an applicant using the full social security account number or

confirm the applicant's ineligibility for issuance of a social

security number.

     (10) The secretary of state shall refuse to issue an official

state personal identification card to an applicant holding an

official state personal identification card issued by another state

without confirmation that the applicant is terminating or has

terminated the official state personal identification card issued

by the other state.

     (11) The secretary of state shall do all of the following:

     (a) Ensure the physical security of locations where official

state personal identification cards are produced and the security

of document materials and papers from which official state personal

identification cards are produced.

     (b) Subject all persons authorized to manufacture or produce

official state personal identification cards and all persons who

have the ability to affect the identity information that appears on

an official state personal identification card to appropriate

security clearance requirements.

     (c) Establish fraudulent document recognition training

programs for appropriate employees engaged in the issuance of

official state personal identification cards.

     (12) An applicant who seeks to obtain a renewal, duplicate, or

reissued official state personal identification card shall

personally appear at a branch office of the secretary of state if

either of the following applies:

     (a) There has been a material change in the applicant's

personal information since prior issuance. All material changes

must be established through presentation of an original source

document as prescribed by the secretary of state. As used in this

subdivision, "material change" means any change to the applicant's

personal information. A change of address of principal residence

does not constitute a material change.

     (b) The applicant possesses a limited-term official state

personal identification card.

     (13) A person born after December 1, 1964 shall obtain an

original official state personal identification card issued under

the 2008 amendatory act that added this subsection on or before

December 1, 2014.

     (14) A person born on or before December 1, 1964 shall obtain

an original official state personal identification card issued

under the 2008 amendatory act that added this subsection on or

before December 1, 2017.

     Sec. 2b. This state shall enter into a memorandum of

understanding with the United States secretary of homeland security

to routinely utilize the automated system known as systematic alien

verification for entitlements, as provided by section 404 of the

illegal immigration reform and immigrant responsibility act of

1996, 110 Stat. 3009-664, to verify the legal presence status of a

person, other than a United States citizen, applying for an

official personal state identification card.

     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.

     (c) For use in the normal course of business by a legitimate

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, 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 2a may be used and disclosed for

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

     Enacting section 1. (1) Except as provided in subsection (2),

this amendatory act takes effect January 1, 2009.

     (2) Section 1a of 1972 PA 222, MCL 28.291a, as amended by this

amendatory act, takes effect on the date this amendatory act is

enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 962 of the 94th Legislature is enacted into

law.