Bill Text: MI HB4729 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Identity theft; consumer protection; identity theft commission; establish. Amends 2004 PA 452 (MCL 445.61 - 445.77) by adding sec. 14 & repeals sec. 14 of 2004 PA 452 (MCL 445.74). TIE BAR WITH: HB 4730'09, HB 4731'09, HB 4732'09, HB 4733'09, HB 4734'09
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2009-09-10 - Referred To Committee On Judiciary [HB4729 Detail]
Download: Michigan-2009-HB4729-Engrossed.html
HB-4729, As Passed House, September 9, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4729
(As amended September 9, 2009)
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
(MCL 445.61 to 445.77) by adding section 14; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) The identity theft protection commission is
established in the department of information technology and, except
as provided in subsection (10), is 1 of the advisory workgroups of
the information privacy protection council as authorized under
section VI-E of Executive Reorganization Order No. 2009-18.
(2) The identity theft commission shall consist of [11] members
as follows:
House Bill No. 4729 (H-2) as amended September 9, 2009
(a) The director of the department of information technology
or his or her designated representative, who shall serve as
chairperson of the commission.
(b) The director of the department of state police or his or
her designated representative.
(c) The commissioner of the office of financial and insurance
regulation or his or her designated representative.
(d) The state treasurer or his or her designated
representative.
(e) Three members of the general public to represent the
interests of consumers, 1 appointed by the governor, 1 appointed by
the governor from a list of 3 or more nominees submitted by the
speaker of the house of representatives, and 1 appointed by the
governor from a list of 3 or more nominees submitted by the
majority leader of the senate.
(f) Two members of the business community, [1 appointed by the
governor from a list of 3 or more nominees submitted by the speaker of
the house of representatives, and 1 appointed by the governor from a list of 3 or more nominees submitted by the majority leader of the senate.
(g) Two members of the nonprofit community from organizations whose missions deal substantially with protecting consumer privacy, 1 appointed by the governor from a list of 3 or more nominees submitted by the speaker of the house of representatives, and 1 appointed by the governor from a list of 3 or more nominees submitted by the majority leader of the senate.]
(3) By September 30, 2011, the identity theft commission shall
do all of the following:
(a) Organize and adopt standards governing the commission's
formal and informal procedures.
(b) Keep a record of the proceedings and activities of the
commission.
(c) Review and provide recommendations to the governor and to
the information privacy protection council concerning state rules,
guidelines, or procedures related to identity theft protection and
prevention.
(d) Review and provide recommendations to the legislature and
to the information privacy protection council concerning
legislative action related to identity theft protection and
prevention.
(e) Provide recommendations to the public and to the
information privacy protection council concerning business
practices related to identity theft protection and prevention.
(f) Provide recommendations to state agencies and departments
and to the information privacy protection council on reducing the
use of social security numbers by those agencies or departments.
(g) Establish a process for recognizing persons or agencies
that have exemplary business practices in identity theft protection
and prevention.
(h) Make recommendations to the department of information
technology and to the information privacy protection council
concerning the design and content of the identity theft information
website described in subsection (9).
(i) Perform any other duties the commission determines are
appropriate related to identity theft protection and prevention.
(4) A majority of the members of the identity theft commission
constitute a quorum for the purpose of conducting business and
exercising the powers of the identity theft commission. Official
action of the identity theft commission may be taken upon a vote of
a majority of the members of the identity theft commission.
(5) The identity theft commission may adopt, amend, and
rescind bylaws, rules, and regulations for the conduct of its
business.
(6) Members of the identity theft commission shall serve
without compensation, but are entitled to actual and necessary
expenses incurred in the performance of official duties under this
section.
(7) The commission shall conduct its business at public
meetings held in compliance with the open meetings act, 1976 PA
267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the
possession of, or retained by the commission in the performance of
an official function shall be available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(8) The department of information technology shall provide
staff assistance to the identity theft commission as necessary to
carry out the commission's duties under this section.
(9) The department of information technology shall establish
and maintain an identity theft information website. The department
of information technology shall consider the recommendations of the
identity theft commission in selecting the design and content of
the website.
(10) If the information privacy protection council created
under section VI of Executive Reorganization Order No. 2009-18 is
not fully operational within 30 days after the effective date of
this act, the identity theft protection commission created in
subsection (1) shall not be 1 of the advisory workgroups of the
information protection privacy council but shall instead exist as a
separate commission within the department of information
technology. For purposes of this subsection, the information
privacy protection council is fully operational when all of its
members have been appointed, and at least 1 meeting of the council
has been held. If the identity theft protection commission does
become 1 of the advisory workgroups of the information protection
security council, but the information protection security council
subsequently is abolished by law or executive order, the identity
theft protection commission shall continue its existence as a
separate commission within the department of information
technology.
Enacting section 1. Section 14 of the identity theft
protection act, 2004 PA 452, MCL 445.74, is repealed effective
December 31, 2011.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) House Bill No. 4730.
(b) House Bill No. 4731.
(c) House Bill No. 4732.
(d) House Bill No. 4733.
(e) House Bill No. 4734.
