HB-6104, As Passed House, November 13, 2008
SUBSTITUTE FOR
HOUSE BILL NO. 6104
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
(MCL 445.61 to 445.77) by adding section 14; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) The identity theft protection commission is
established in the department of information technology.
(2) The identity theft commission shall consist of 9 members
as follows:
(a) The director of the department of information technology
or his or her designated representative, who shall serve as
chairperson of the commission.
(b) The director of the department of state police or his or
her designated representative.
(c) The commissioner of the office of financial and insurance
regulation or his or her designated representative.
(d) The state treasurer or his or her designated
representative.
(e) Three members of the general public to represent the
interests of consumers, 1 member appointed by the governor, 1
member appointed by the governor from a list of 3 or more nominees
submitted by the speaker of the house of representatives, and 1
member appointed by the governor from a list of 3 or more nominees
submitted by the majority leader of the senate.
(f) Two members of the business community, appointed by the
governor.
(3) By September 30, 2010, the identity theft commission shall
do all of the following:
(a) Organize and adopt standards governing the commission's
formal and informal procedures.
(b) Keep a record of the proceedings and activities of the
commission.
(c) Review and provide recommendations to the governor
concerning state rules, guidelines, or procedures related to
identity theft protection and prevention.
(d) Review and provide recommendations to the legislature
concerning legislative action related to identity theft protection
and prevention.
(e) Provide recommendations to the public concerning business
practices related to identity theft protection and prevention.
(f) Provide recommendations to state agencies and departments
on reducing the use of social security numbers by those agencies or
departments.
(g) Establish a process for recognizing persons or agencies
that have exemplary business practices in identity theft protection
and prevention.
(h) Make recommendations to the department of information
technology concerning the design and content of the identity theft
information website described in subsection (9).
(i) Perform any other duties the commission determines are
appropriate related to identity theft protection and prevention.
(4) A majority of the members of the identity theft commission
constitute a quorum for the purpose of conducting business and
exercising the powers of the identity theft commission. Official
action of the identity theft commission may be taken upon a vote of
a majority of the members of the identity theft commission.
(5) The identity theft commission may adopt, amend, and
rescind bylaws, rules, and regulations for the conduct of its
business.
(6) Members of the identity theft commission shall serve
without compensation, but are entitled to actual and necessary
expenses incurred in the performance of official duties under this
section.
(7) The commission shall conduct its business at public
meetings held in compliance with the open meetings act, 1976 PA
267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the
possession of, or retained by the commission in the performance of
an official function shall be available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(8) The department of information technology shall provide
staff assistance to the identity theft commission as necessary to
carry out the commission's duties under this section.
(9) The department of information technology shall establish
and maintain an identity theft information website. The department
of information technology shall consider the recommendations of the
identity theft commission in selecting the design and content of
the website.
Enacting section 1. Section 14 of the identity theft
protection act, 2004 PA 452, MCL 445.74, is repealed effective
December 31, 2010.
Enacting section 2. This amendatory act takes effect November
1, 2008.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) House Bill No. 6099.
(b) House Bill No. 6100.
(c) House Bill No. 6101.
(d) House Bill No. 6102.
(e) House Bill No. 6103.
(f) House Bill No. 6105.