Bill Text: MI HB4446 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Traffic control; other; disposition of commercial look-up service fees; extend sunset. Amends secs. 208b, 217a & 232 of 1949 PA 300 (MCL 257.208b et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-06-16 - Assigned Pa 73'15 With Immediate Effect [HB4446 Detail]
Download: Michigan-2015-HB4446-Introduced.html
HOUSE BILL No. 4446
April 14, 2015, Introduced by Rep. Pscholka and referred to the Committee on Appropriations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 208b, 217a, and 232 (MCL 257.208b, 257.217a,
and 257.232), as amended by 2011 PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 208b. (1) The secretary of state may provide a commercial
look-up service of records maintained under this act. For each
individual record looked up, the secretary of state shall charge a
fee specified annually by the legislature, or if the legislature
does not specify a fee, a market-based price established by the
secretary of state. The secretary of state shall process a
commercial look-up request only if the request is in a form or
format prescribed by the secretary of state. Fees collected under
this subsection on and after October 1, 2005 through October 1,
2015
2019 shall be credited to the transportation
administration
collection fund created in section 810b.
(2) A driver education provider shall subscribe to the
commercial look-up service maintained by the secretary of state.
(3) A driver education provider shall maintain on its premises
the most current copy of all nonpersonal information related to his
or her driving record and the driving record of each instructor
employed by the driver education provider for review by any
prospective customer or the parent or guardian of a prospective
customer.
(4) A prospective customer or the parent or guardian of a
prospective customer may review a copy of all nonpersonal
information related to the driving record of the driver education
provider or an instructor employed by the driver education
provider.
(5) A driver education provider shall include in its contract
with each client, as prescribed by the secretary of state, a notice
that nonpersonal information related to the driving record of each
individual instructor is available for review by the general
public. A driver education provider who fails to include the
information required by this subsection is subject to a fine of not
more than $500.00.
(6) Each limo carrier of passengers shall subscribe to the
commercial look-up service maintained by the secretary of state.
(7) A person who drives a limousine for hire for a limo
carrier of passengers shall maintain a most current copy of all
nonpersonal information related to the person's driving record in
the limousine available for review by any prospective passenger.
(8) A prospective passenger may review a copy of all
nonpersonal information related to the driving record of the driver
of a limousine from a limo carrier of passengers or from the driver
of the limousine.
(9) The secretary of state shall not provide an entire
computerized central file or other file of records maintained under
this act to a nongovernmental person or entity, unless the person
or entity pays the prescribed fee for each individual record
contained within the computerized file.
(10) A driver training school operator who fails to provide
the information required to be maintained by this section is
subject to a fine of not more than $500.00. Each failure to provide
information constitutes a separate offense.
(11) A limo carrier of passengers who fails to provide the
information required to be maintained by this section is subject to
a fine of not more than $500.00. Each failure to provide
information constitutes a separate offense.
(12) The driver of a limousine who fails to provide the
information required by this section is subject to a fine of not
more than $500.00. Each failure to provide information constitutes
a separate offense.
(13) As used in this section:
(a) "Driver education provider" means that term as defined in
section 5 of the driver education provider and instructor act, 2006
PA 384, MCL 256.625.
(b) "Limo carrier of passengers" and "limousine" mean those
terms as defined in section 3 of the limousine transportation act,
1990 PA 271, MCL 257.1903.
Sec. 217a. (1) A person who holds an unexpired technician,
general, conditional, advanced, or extra class amateur radio
license
issued by the federal communications commission Federal
Communications Commission may make application directly to the
secretary of state for a registration plate inscribed with the
official amateur radio call letters of the applicant as assigned by
the
federal communications commission.Federal Communications
Commission.
(2) The applicant shall prove to the satisfaction of the
secretary of state that the applicant holds an unexpired amateur
radio license. In addition to the regular registration fee, the
applicant shall pay a service fee of $2.00. The $2.00 fee shall be
credited to the transportation administration collection fund
created
under section 810b through October 1, 2015. 2019. A
registration plate may be issued under this section for a motor
vehicle that bears a registration taxed under section 801(1)(a) or
(q).(p).
(3) If a registration plate issued under this section is used
on a vehicle other than the vehicle for which the registration
plate was issued, the owner of the registration plate is guilty of
a misdemeanor and the registration plate shall be surrendered to
the secretary of state. A holder of a registration plate whose
amateur radio license is not in full force and effect shall
immediately
shall surrender the registration plate issued under
this section to the secretary of state and obtain a regular
registration plate.
(4) An application for a registration plate issued under this
section shall be submitted to the secretary of state under section
217.
The expiration date for plates issued under this section shall
be
is the date determined under section 226.
Sec. 232. (1) Upon request, the secretary of state may furnish
a list of information from the records of the department maintained
under this act to a federal, state, or local governmental agency
for use in carrying out the agency's functions, or to a private
person or entity acting on behalf of a governmental agency for use
in carrying out the agency's functions. The secretary of state may
charge the requesting agency a preparation fee to cover the cost of
preparing and furnishing a list provided under this subsection if
the cost of preparation exceeds $25.00, and use the revenues
received from the service to defray necessary expenses. If the
secretary of state sells a list of information under this
subsection to a member of the state legislature, the secretary of
state shall charge the same fee as the fee for the sale of
information under subsection (2) unless the list of information is
requested by the member of the legislature to carry out a
legislative function. The secretary of state may require the
requesting agency to furnish 1 or more blank computer tapes,
cartridges, or other electronic media and may require the agency to
execute a written memorandum of agreement as a condition of
obtaining a list of information under this subsection.
(2) The secretary of state may contract for the sale of lists
of driver and motor vehicle records and other records maintained
under this act in bulk, in addition to those lists distributed at
cost or at no cost under this section for purposes permitted by and
described in section 208c(3). The secretary of state shall require
each purchaser of records in bulk to execute a written purchase
contract. The secretary of state shall fix a market-based price for
the sale of such lists or other records maintained in bulk, which
may include personal information. The proceeds from each sale made
under this subsection on and after October 1, 2005 through October
1,
2015 2019 shall be credited to the transportation
administration
collection fund created in section 810b.
(3) The secretary of state or any other state agency shall not
sell or furnish any list of information under subsection (2) for
the purpose of surveys, marketing, or solicitations. The secretary
of state shall ensure that personal information disclosed in bulk
will be used, rented, or sold solely for uses permitted under this
act.
(4) The secretary of state may insert any safeguard the
secretary considers reasonable or necessary, including a bond
requirement, in a memorandum of agreement or purchase contract
executed under this section, to ensure that the information
provided or sold is used only for a permissible purpose and that
the rights of individuals and of the department are protected.
(5) An authorized recipient of personal information disclosed
under this section who resells or rediscloses the information for
any of the purposes permitted by and described in section 208c(3)
shall do both of the following:
(a) Make and keep for a period of not less than 5 years
records identifying each person who received personal information
from the authorized recipient and the permitted purpose for which
it was obtained.
(b) Allow a representative of the secretary of state, upon
request, to inspect and copy records identifying each person who
received personal information from the authorized recipient and the
permitted purpose for which it was obtained.
(6) The secretary of state shall not disclose a list based on
driving behavior or sanctions to a nongovernmental agency,
including an individual.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
