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.