SB-0966, As Passed Senate, February 6, 2008
December 6, 2007, Introduced by Senators BROWN, PATTERSON, JELINEK, GILBERT, CASSIS, CROPSEY, RICHARDVILLE, STAMAS, BIRKHOLZ, ALLEN, KAHN and PAPPAGEORGE and referred to the Committee on Transportation.
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 1a and 8 (MCL 28.291a and 28.298), as added by
1997 PA 99, and by adding section 9a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
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 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 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 964
of the 94th Legislature is enacted into law.