February 23, 2017, Introduced by Senator BOOHER and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80130a, 80315a, 81114a, and 82156a (MCL
324.80130a, 324.80315a, 324.81114a, and 324.82156a), section 80130a
as amended by 2000 PA 194 and sections 80315a, 81114a, and 82156a
as added by 1997 PA 102.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80130a. (1) Except as provided in this section and
section 80130c, personal information in a record maintained under
this part shall not be disclosed, unless the person requesting the
information furnishes proof of identity considered 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 80130c. Notwithstanding this section, highly
restricted personal information shall be used and disclosed only as
expressly permitted by 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. 1231 to 1232 and USC
1231 to 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. Stat 3384, the clean air
act,
chapter 360, 69 Stat. 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 USC 7401 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 to any person by the secretary of state as
follows:
(a) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a government agency in
carrying out its functions.
(b) For use in connection with matters of watercraft and
operator safety or watercraft theft; watercraft emissions;
watercraft product alterations, recalls, or advisories; performance
monitoring of watercraft; watercraft research activities including
survey research; and the removal of nonowner records from the
original records of watercraft manufacturers.
(c) For use in the normal course of business by a business or
its agents, employees, or contractors 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
submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of preventing fraud,
by pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
(d) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of any court, administrative agency, or 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, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
(f) For use by any insurer, self-insurer, or insurance support
organization, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud
activities, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded watercraft.
(h) For use by any of the following for a purpose permitted
under this section:
(i) A licensed
private security guard agency or alarm system
contractor that is licensed under the private security guard act of
1968,
1968 PA 330, MCL 338.1051 to 338.1085.
, or a
(ii) A private detective or private investigator that is
licensed
under the private detective license act of 1965,
investigator
licensure act, 1965 PA 285, MCL 338.821
to 338.851. ,
for
any purpose permitted under this section.
(iii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443.
(iv) A system provider that is registered under the security
alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187.
(i) 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.
(j) 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.
Sec. 80315a. (1) Except as provided in this section and
section 80315c, personal information in a record maintained under
this part shall not be disclosed, unless the person requesting the
information furnishes proof of identity considered 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 80315c. Notwithstanding this section, highly
restricted personal information shall be used and disclosed only as
expressly permitted by 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. 1231 to 1232 and USC
1231 to 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. Stat 3384, the clean air
act,
chapter 360, 69 Stat. 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 USC 7401 to 7671q,
and all federal regulations promulgated to implement these federal
laws.
(3) Personal information in a record maintained under this
part may be disclosed as follows:
(a) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a government agency in
carrying out its functions.
(b) For use in connection with matters of watercraft and
operator safety or watercraft theft; watercraft emissions;
watercraft product alterations, recalls; or advisories; performance
monitoring of watercraft; watercraft research activities, including
survey research; and the removal of nonowner records from the
original records of watercraft manufacturers.
(c) For use in the normal course of business by a business or
its agents, employees, or contractors 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
submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of preventing fraud,
by pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
(d) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of any court, administrative agency, or 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, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
(f) For use by any insurer, self-insurer, or insurance support
organization, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud
activities, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded watercraft.
(h) For use by any of the following for a purpose permitted
under this section:
(i) A licensed
private security guard agency or alarm system
contractor that is licensed under the private security guard act of
1968,
1968 PA 330, MCL 338.1051 to 338.1085.
, or a
(ii) A private detective or private investigator that is
licensed
under the private detective license act of 1965
investigator
licensure act, 1965 PA 285, MCL 338.821
to 338.851. ,
for
any purpose permitted under this section.
(iii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443.
(iv) A system provider that is registered under the security
alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187.
(i) For use by a watercraft rental business or its employees,
agents, contractors, or service firms for the purpose of making
rental decisions.
(j) 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.
(k) 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.
Sec. 81114a. (1) Except as provided in this section and in
section 81114c, personal information in a record maintained under
this part shall not be disclosed, unless the person requesting the
information furnishes proof of identity considered 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 81114c. Notwithstanding this section, highly
restricted personal information shall be used and disclosed only as
expressly permitted by 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. 1231 to 1232 and USC
1231 to 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. Stat 3384, the clean air
act,
chapter 360, 69 Stat. 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 USC 7401 to 7671q,
and all federal regulations promulgated to implement these federal
laws.
(3) Personal information in a record maintained under this
part may be disclosed as follows:
(a) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a government agency in
carrying out its functions.
(b) For use in connection with matters of ORV and operator
safety or ORV theft; ORV emissions; ORV product alterations,
recalls, or advisories; performance monitoring of ORVs; ORV
research activities, including survey research; and the removal of
nonowner records from the original records of ORV manufacturers.
(c) For use in the normal course of business by a business or
its agents, employees, or contractors 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
submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of preventing fraud,
by pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
(d) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of any court, administrative agency, or 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, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
(f) For use by any insurer, self-insurer, or insurance support
organization, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud
activities, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded ORV.
(h) For use by any of the following for a purpose permitted
under this section:
(i) A licensed
private security guard agency or alarm system
contractor that is licensed under the private security guard act of
1968,
1968 PA 330, MCL 338.1051 to 338.1085.
, or a
(ii) A private detective or private investigator that is
licensed
under the private detective license act of 1965,
investigator
licensure act, 1965 PA 285, MCL 338.821
to 338.851. ,
for
any purpose permitted under this section.
(iii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443.
(iv) A system provider that is registered under the security
alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187.
(i) For use by an ORV rental business, or its employees,
agents, contractors, or service firms, for the purpose of making
rental decisions.
(j) 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.
(k) 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.
Sec. 82156a. (1) Except as provided in this section and in
section 82156c, personal information in a record maintained under
this part shall not be disclosed, unless the person requesting the
information furnishes proof of identity deemed 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 82156c. Notwithstanding this section, highly
restricted personal information shall be used and disclosed only as
expressly permitted by 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. 1231 to 1232 and USC
1231 to 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. Stat 3384, the clean air
act,
chapter 360, 69 Stat. 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 USC 7401 to 7671q,
and all federal regulations promulgated to implement these federal
laws.
(3) Personal information in a record maintained under this
part may be disclosed as follows:
(a) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a government agency in
carrying out its functions.
(b) For use in connection with matters of snowmobile and
operator safety or ORV theft; snowmobile emissions; snowmobile
product alterations, recalls, or advisories; performance monitoring
of snowmobiles; snowmobiles research activities, including survey
research; and the removal of nonowner records from the original
records of snowmobile manufacturers.
(c) For use in the normal course of business by a business or
its agents, employees, or contractors 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
submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of preventing fraud,
by pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
(d) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of any court.
(e) For use in legitimate research activities and in preparing
statistical reports for commercial, scholarly, or academic purposes
by a bona fide research organization, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
(f) For use by any insurer, self-insurer, or insurance support
organization, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud
activities, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded snowmobile.
(h) For use by any of the following for a purpose permitted
under this section:
(i) A licensed
private security guard agency or alarm system
contractor that is licensed under the private security guard act of
1968,
1968 PA 330, MCL 338.1051 to 338.1085.
, or a
(ii) A private detective or private investigator that is
licensed
under the private detective license act of 1965,
investigator
licensure act, 1965 PA 285, MCL 338.821
to 338.851. ,
for
any purpose permitted under this section.
(iii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443.
(iv) A system provider that is registered under the security
alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187.
(i) For use by an ORV rental business or its employees,
agents, contractors, or service firms for the purpose of making
rental decisions.
(j) 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.
(k) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.