HOUSE BILL No. 5227


     January 19, 2000, Introduced by Rep. Stamas and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 232 (MCL 257.232), as amended by 1997

   PA 101.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 232.  (1) Upon request, the secretary of state may fur-

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      nish a list of information from the records of the department

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      maintained under this act to a federal, state, or local govern-

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      mental agency for use in carrying out the agency's functions, or

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      to a private person or entity acting on behalf of a governmental

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      agency for use in carrying out the agency's functions.  The sec-

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      retary of state may charge the requesting agency a preparation

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      fee to cover the cost of preparing and furnishing a list provided

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      under this subsection if the cost of preparation exceeds $25.00,

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      and use the revenues received from the service to defray


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      necessary expenses.  The secretary of state may require the

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      requesting agency to furnish 1 or more blank computer tapes, car-

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      tridges, or other electronic media and may require the agency to

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      execute a written memorandum of agreement as a condition of

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      obtaining a list of information under this subsection.

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           (2) The secretary of state may contract for the sale of

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      lists of driver and motor vehicle records and other records main-

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      tained under this act in bulk, in addition to those lists dis-

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      tributed at cost or at no cost under this section for purposes

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      described in section 208c(3).  as well as for surveys, marketing,

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      and solicitations.  The secretary of state shall require each

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      purchaser of records in bulk to execute a written purchase

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      contract.  The secretary of state shall fix a market based price

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      for the sale of such lists or other records maintained in bulk,

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      which may include personal information, and the proceeds from

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      each sale shall be credited to the secretary of state's commer-

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      cial look-up account.

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           (3)  Before selling and furnishing  THE SECRETARY OF STATE

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      OR ANY OTHER STATE AGENCY SHALL NOT SELL any list of information

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      under subsection (2) for THE PURPOSE OF surveys, marketing, and

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      solicitations.  , the secretary of state shall implement methods

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      and procedures that accomplish all of the following:

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           (a) Furnish individuals with a conspicuous opportunity to be

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      informed of their right to prohibit the disclosure of personal

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      information about them for purposes of surveys, marketing, and

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      solicitations through an ongoing public information campaign

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      which shall include the use of printed signs in branch offices



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      and notices included with application and renewal forms to the

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      extent that the secretary of state continues to use paper forms

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      for those purposes, and may include periodic press releases,

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      public service announcements, advertisements, pamphlets, notices

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      in electronic media, and other types of notice.  Each printed

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      sign shall be not less than 8-1/2 inches wide by 11 inches high

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      and contain a caption in not less than 46-point type.  If the

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      secretary of state furnishes notice on forms, the information

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      printed on the forms shall be similar to the information printed

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      on branch office signs.  The secretary of state shall review the

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      public information campaign on an annual basis in order to update

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      notice content and furnish notice by more effective means.

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           (b) Provide individuals with a conspicuous opportunity,

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      through a telephonic, automated, or other efficient system, to

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      notify the secretary of state of their desire to prohibit the

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      disclosure of personal information about them, for purposes of

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      surveys, marketing, and solicitations.  The secretary of state

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      may contract with another public or private person or agency to

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      implement this subdivision.

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           (c) Ensure  THE SECRETARY OF STATE SHALL ENSURE that per-

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      sonal information disclosed in bulk will be used, rented, or sold

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      solely for uses permitted under this act.  , and that surveys,

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      marketing, and solicitations will not be directed at those indi-

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      viduals who in a timely fashion have notified the secretary of

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      state that surveys, marketing, and solicitations should not be

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      directed at them. 





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           (4) The secretary of state may insert any safeguard the

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      secretary considers reasonable or necessary, including a bond

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      requirement, in a memorandum of agreement or purchase contract

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      executed under this section, to ensure that the information pro-

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      vided or sold is used only for a permissible use and that the

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      rights of individuals and of the department are protected.

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           (5) An authorized recipient of personal information dis-

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      closed under this section who resells or rediscloses the informa-

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      tion for  survey, marketing, and solicitations  ANY OF THE PER-

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      MISSIBLE PURPOSES DESCRIBED IN SECTION 208C(3) shall do both of

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      the following:

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           (a) Make and keep for a period of not less than 5 years

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      records identifying each person who received personal information

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      from the authorized recipient and the permitted purpose for which

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      it was obtained.

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           (b) Allow a representative of the secretary of state, upon

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      request, to inspect and copy records identifying each person who

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      received personal information from the authorized recipient and

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      the permitted purpose for which it was obtained.

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           (6) The secretary of state shall not disclose a list based

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      on driving behavior or sanctions to a nongovernmental agency,

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      including an individual.













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