HB 4397

substitute for
House BILL NO. 4397
A bill to protect the safety of certain elected officials
and certain other individuals; to protect certain information of certain
elected officials and certain other individuals from disclosure; to provide for
the powers and duties of certain state and local governmental officers and certain
other people and entities; and to provide remedies.
the peoplE of the state of michigan enact:
Sec. 1. This act may be
cited as the "elected official protection
act".
Sec. 2. As used in this
act:
(a) "Designated contact"
means either of the following:
(i)
For an individual who is the current or a former governor or the current
lieutenant governor, attorney general, or secretary of state, the department of
technology, management, and budget.
(ii)
For an individual who is a legislator, the legislative council.
(b) "Immediate family
member" means any of the following whose permanent residence is the same as the
protected individual's permanent residence:
(i)
The protected individual's spouse.
(ii)
The protected individual's child.
(iii)
The protected individual's parent.
(iv)
Any other familial relative of a protected individual.
(c) "Legislator" means any
of the following:
(i) An
elected and currently serving member of the legislature of this state.
(ii) A
currently serving United States Senator or Representative in Congress who
represents this state.
(d) "Person" means
an individual, corporation, limited liability company, partnership, firm,
organization, association, or other legal entity but does not include a public
body.
(e) "Personal identifying
information" means any 1 or more of the following:
(i)
Except as provided in section 3(5), date of birth.
(ii)
Except for the city and township of residence, permanent residential address.
(iii)
Address of other real property owned and regularly used as a dwelling or for
recreation by a protected individual or a protected individual's immediate
family member.
(iv)
Home or cellular telephone number.
(v)
State identification number or driver license number.
(vi)
Social Security number.
(vii)
Personal email address.
(viii)
Federal or state tax identification number.
(ix)
Personal credit, charge, or debit card information.
(x)
Bank account information, including account or PIN numbers.
(xi)
License plate number or other unique identifier of a vehicle that is owned,
leased, or regularly used by a protected individual or a protected individual's
immediate family member.
(xii)
Current or future school or day-care information, including, but not limited
to, the name or address of the school or day care attended, schedule of
attendance, or route taken to or from the school or day care by a protected
individual or a protected individual's immediate family member.
(xiii)
Information on the employment location, except the protected individual's
official office, of a protected individual or a protected individual's immediate
family member, including the address of the employer, employment schedules, or
routes taken to or from the employer.
(f) "Protected individual"
means any of the following:
(i) A
legislator.
(ii)
The current or a former governor.
(iii)
The current lieutenant governor, attorney general, and secretary of state.
(g) "Public body"
means any of the following:
(i) A
state officer, employee, agency, department, division, bureau, board,
commission, council, authority, or other body in the executive branch of the
state government, but does not include the governor or lieutenant governor, the
executive office of the governor or lieutenant governor, or employees of the
governor or lieutenant governor.
(ii)
An agency, board, commission, or council in the legislative branch of the state
government.
(iii)
A county, city, township, village, intercounty, intercity, or regional
governing body, council, school district, special district, or municipal
corporation, or a board, department, commission, council, or agency.
(iv) Except
as provided under subparagraph (v), any other body that is
created by state or local authority or is primarily funded by or through state
or local authority, except that the judiciary, including the office of the
county clerk and its employees when acting in the capacity of clerk to the
circuit court, is not included in the definition of public body.
(v) If
approved by the supreme court, the judiciary.
(h) "Publicly post or display"
means to communicate or otherwise make personal identifying information
available to the general public.
(i) "Residential
address" means the place that is the settled home or domicile at which an
individual legally resides and is a residence
as that term is defined in section 11 of the
Michigan election law, 1954 PA 116, MCL 168.11.
(j) "Transfer" means to
sell, license, trade, or exchange for consideration the personal identifying information
of a protected individual or protected individual's immediate family member.
Sec. 3. (1) A protected individual may request that a public body or
person not publicly post or display the personal identifying information of a protected
individual or a protected individual's immediate family member.
(2) A protected individual may submit a written request, on a form
prescribed by the protected individual's designated
contact, to a public body or person to remove
a public posting or display of personal
identifying information of the protected individual or the protected individual's immediate family member. The form must include
both of the following:
(a) Proof of the protected
individual's office and identity.
(b) The personal identifying information
of the protected individual or the protected individual's immediate family member that the protected
individual desires to protect.
(3) A written request
provided to a public body or person under subsection (2)
remains in force and effect until the protected individual provides a signed written request
to rescind or modify the prior request, or until the protected individual dies,
whichever occurs first.
(4) On the written delegation of
authority by a protected individual, a designated contact may submit a written
request to a public body or person on their behalf under subsection (2). A
written request under this subsection must be given the same force and effect
as a written request submitted by a protected individual.
(5) A person may contact the designated
contact to obtain information on the following:
(a) An individual's eligibility
under section 7 of article IV of the state constitution of 1963, to be a legislator.
(b) An individual's eligibility
under section 22 of article V of the state constitution of 1963, to be the
governor or lieutenant governor.
(6) A written request provided to
the office of the county register of deeds must include a list of all
instruments to be protected by liber and page or other unique identifying
number.
Sec. 4. (1) Except as
otherwise provided, a public body that has received a written
request under section 3 shall not publicly post or display or provide to
a person the specified personal identifying information
of a protected individual or a protected individual's immediate family member, as applicable. A public body that has already
publicly posted or displayed the specified personal
identifying information shall remove the personal
identifying information not later than 5 business
days after receiving the request. This act does not require a public body to permanently
delete personal identifying information that is not accessible to the public.
(2) Except as otherwise provided, a person that has received a
written request under section 3 shall not publicly
post or display or transfer the specified personal identifying information of a protected individual or a
protected individual's immediate family member, as applicable. A person that has already publicly
posted or displayed the personal identifying information
shall remove the personal identifying information
not later than 5 business days after receiving the request.
(3) A public body may comply with the
requirements of this section by redacting the specified personal identifying
information that is publicly posted or displayed or by masking the entire
contents of a document or record that contains the specified personal
identifying information. This section does not alter or amend a public body's
obligations under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
Sec. 5. This act does not apply to any of the following:
(a) The display of the personal
identifying information of a protected individual or a protected individual's immediate
family member if the information is relevant to and displayed as part of a news
story, commentary, editorial, or other speech on a matter of public concern.
(b) After the effective date of this
act, personal identifying information voluntarily published by the protected
individual or the protected individual's immediate family member.
(c) The dissemination of personal identifying
information made at the request of the protected individual or protected
individual's immediate family member or that is necessary to effectuate the
request of the protected individual or protected individual's immediate family
member.
(d) The use of personal identifying information
internally to provide access to businesses under common ownership or affiliated
by corporate control, or to sell or provide data for a transaction or service
requested by or that concerns the individual whose personal identifying
information is being transferred.
(e) The provision of publicly
available personal identifying information by a real-time or near-real-time
alert service for a health or safety purpose, including, but not limited to, an
amber alert issued under the Michigan amber alert act, 2002 PA 712, MCL 28.751
to 28.755.
(f) The use of personal identifying information
by a consumer reporting agency subject to the fair credit reporting act, 15 USC
1681 to 1681x.
(g) The use of personal identifying information
by a commercial entity engaged in the collection, maintenance, disclosure,
sale, communication, or use of personal identifying information bearing on a
consumer's credit worthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of living by a consumer
reporting agency, furnisher, or user that provides personal identifying information
for use in a consumer report, and by a user of a consumer report, but only to
the extent that such activity is regulated by and authorized under the fair
credit reporting act, 15 USC 1681 to 1681x.
(h) The use of personal identifying information
by a commercial entity using personal identifying information that was collected,
processed, sold, or disclosed in compliance with the driver's privacy protection
act of 1994, 18 USC 2721 to 2725.
(i) The use of personal identifying information
subject to the Gramm-Leach-Bliley act, 15 USC 6801 to 6809.
(j) The use of personal identifying
information by a financial institution, 1 or more of a financial institution's
affiliates, or an independent contractor acting on behalf of a financial
institution or a financial institution's affiliates, subject to the
Gramm-Leach-Bliley Act, 15 USC 6801 to 6809.
(k) The use of personal identifying information
by an entity covered by the privacy regulations promulgated under section 1320d-2(c)
of the health insurance portability and accountability act of 1996, 42 USC
1320d-2.
(l)
Except as otherwise provided in this subdivision, the use of personal
identifying information by a commercial entity to do any of the following:
prevent, detect, protect against, or respond to security incidents, identity
theft, fraud, harassment, malicious or deceptive activities, or any illegal
activity; preserve the integrity or security of systems; or investigate,
report, or prosecute any person responsible for any such action. A commercial
entity that uses personal identifying information to do any of the activities
described in this subdivision shall not disseminate the personal identifying
information to the public or publicly post or display the personal identifying information.
(m) The collection and sale or
licensing of personal identifying information incidental to conducting the
activities under subdivisions (a) to (l).
(n) Nothing in this section
prohibits a public body from providing access to records that contain the
personal identifying information of a protected individual or protected
individual's immediate family member to a person when the access is incidental
to conducting the activities under subdivisions (a) to (l).
(o) The display of a property
address on a real estate or mapping platform when the address is not displayed
or disclosed in connection with any ownership or occupancy information or other
personal identifying information of a protected individual or a protected
individual's immediate family member.
(p) The use and display of personal
identifying information required under the sex offenders registration act, 1994
PA 295, MCL 28.721 to 28.730.
Sec. 6. Any personal identifying information covered by a
written request under section 4(1) is exempt from disclosure under section
13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243, by the
public body that received the written request.
Sec.
7. (1) If 5 business days after a
public body or a person has received a written
request under section 4 the public body or person is not in compliance with this act, the protected individual or the protected individual's
immediate family member may commence a civil action to compel compliance
or to enjoin further noncompliance with this act.
(2) An action for injunctive relief against a local public
body or person must be commenced in the circuit court, and venue is proper in
any county in which the protected individual serves.
An action for an injunction against a state public body must be commenced in
the court of claims. If a protected individual or a protected individual's immediate
family member commences an action for injunctive relief, the protected individual or the protected individual's
immediate family member is not required to post security as a condition
for obtaining a preliminary injunction or a temporary restraining order.
(3) An action for mandamus against a public body under this
act must be commenced in the court of appeals.
(4) If a public body or person
is not complying with this act, and a protected
individual or a protected individual's immediate family member commences
a civil action against the public body or person for
injunctive relief to compel compliance or to enjoin further noncompliance with
this act and succeeds in obtaining relief in the action, the protected individual or protected individual's immediate
family member must recover court costs and actual attorney fees for the
action.
(5) It is not a defense to
a violation of this act that the personal identifying
information disclosed was publicly available from another source.
Enacting section 1.
This act takes effect 180 days after the date it is enacted into law.
Enacting section 2. This act does not take effect
unless Senate Bill No. 82 of the 103rd Legislature is enacted into law.