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".
(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.