Bill Text: MI SB0191 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Occupations; security guards; citation to security guard laws in state identification statute; revise. Amends sec. 8 of 1972 PA 222 (MCL 28.298).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-03-29 - Referred To Committee On Regulatory Reform [SB0191 Detail]

Download: Michigan-2017-SB0191-Engrossed.html

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SB-0191, As Passed Senate, March 29, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 191

 

 

February 23, 2017, Introduced by Senator BOOHER and referred to the Committee on Regulatory Reform.

 

 

     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 section 8 (MCL 28.298), as amended by 2008 PA 32.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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. 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, 15 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, the

 

clean air act, chapter 360, 69 Stat. Stat 322, 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 by any of the following for a purpose

 

permitted under this section:

 

     (i) A private detective or private investigator that is

 

licensed under the private detective license investigator licensure

act, 1965 PA 285, MCL 338.821 to 338.851. , or by a

 

     (ii) A private security guard agency or alarm system

 

contractor that is licensed under the private security business and

 

security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083. , only

 

for a 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 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 1986, Public Law 99-570, 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 1 of this act and 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).

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2018.