Bill Text: MI HB4734 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Identity theft; consumer protection; personal identifying information contained in databases; regulate disposal of. Amends sec. 12a of 2004 PA 452 (MCL 445.72a). TIE BAR WITH: HB 4729'09, HB 4730'09, HB 4731'09, HB 4732'09, HB 4733'09
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2009-09-10 - Referred To Committee On Judiciary [HB4734 Detail]
Download: Michigan-2009-HB4734-Engrossed.html
HB-4734, As Passed House, September 9, 2009
HOUSE BILL No. 4734
March 31, 2009, Introduced by Reps. Dean, Sheltrown, Leland, Melton, Durhal, Lori and Meadows and referred to the Committee on Judiciary.
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 12a (MCL 445.72a), as added by 2006 PA 566.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12a. (1) Subject to subsection (3), a person or agency
that
maintains a database that includes personal information
regarding
multiple individuals disposes
of any data from a database
that includes any unencrypted, unredacted personal information
concerning an individual who is a resident of this state shall
destroy
any data that contain personal information concerning an
individual
when that data when it is
removed from the database, and
unless
the person or agency is not retaining
the data elsewhere for
another purpose not prohibited by state or federal law. This
House Bill No. 4734 as amended September 9, 2009
subsection does not prohibit a person or agency from retaining data
that contain personal information for purposes of an investigation,
audit, or internal review.
(2)
A person who that knowingly violates this section is
guilty of a misdemeanor punishable by a fine of not more than
$250.00 for each violation. This subsection does not affect the
availability of any civil remedy for a violation of state or
federal law.
(3) A person or agency is considered to be in compliance with
this section if the person or agency is subject to federal law
concerning the disposal of records containing personal identifying
information and the person or agency is in compliance with that
federal law.
(4) As used in this section, "destroy" means to destroy or
arrange for the destruction of data by shredding, erasing,
incinerating,
mutilating, or otherwise modifying changing the
data
so that they cannot be read, deciphered, or reconstructed through
generally available means.
[Enacting section 1. This amendatory act takes effect January 1, 2010.]
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) Senate Bill No.____ or House Bill No. 4730(request no.
01597'09).
(b) Senate Bill No.____ or House Bill No. 4731(request no.
01598'09).
(c) Senate Bill No.____ or House Bill No. 4732(request no.
01599'09).
(d) Senate Bill No.____ or House Bill No. 4733(request no.
01600'09).
(e) Senate Bill No.____ or House Bill No. 4729(request no.
01601'09).
