HOUSE BILL No. 6104

 

May 8, 2008, Introduced by Rep. Palmer and referred to the Committee on Judiciary.

 

     A bill to amend 2004 PA 452, entitled

 

"Identity theft protection act,"

 

(MCL 445.61 to 445.77) by adding section 14.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14. (1) The identity theft protection commission is

 

established in the department of attorney general.

 

     (2) The identity theft commission shall consist of 7 members

 

as follows:

 

     (a) The attorney general 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) Three members of the general public to represent the

 

interests of consumers, 1 member appointed by the governor, 1

 

member appointed by the speaker of the house of representatives,

 

and 1 member appointed by the majority leader of the senate. The

 

members appointed under this subdivision must have expertise

 

relating to identity theft protection and prevention. A member

 

described in this subdivision shall serve for a term of 2 years.

 

     (e) A designated representative of the east central region of

 

the federal trade commission, if the commission elects to

 

participate.

 

     (3) The identity theft commission shall do all of the

 

following:

 

     (a) Organize and adopt standards governing the commission's

 

formal and informal procedures.

 

     (b) Meet at least 6 times per year at a place and time

 

specified by the chairperson.

 

     (c) Keep a record of the proceedings and activities of the

 

commission.

 

     (d) Review and provide recommendations to the governor

 

concerning state rules, guidelines, or procedures related to

 

identity theft protection and prevention.

 

     (e) Review and provide recommendations to the legislature

 

concerning legislative action related to identity theft protection

 

and prevention.

 

     (f) Provide recommendations to the public concerning business

 

practices related to identity theft protection and prevention.

 


     (g) Review and compile a list of the agencies and departments

 

in state government that collect or retain social security numbers

 

and provide recommendations to the department of management and

 

budget on reducing the use of social security numbers by those

 

agencies or departments.

 

     (h) Make recommendations to congress concerning legislative

 

action related to identity theft protection and prevention,

 

including, but not limited to, recommendations concerning any of

 

the following:

 

     (i) Updating time frames for the discovery and reporting of

 

identity theft by the victim to reflect the actual discovery of the

 

theft as opposed to when the theft actually occurred.

 

     (ii) Clarifying creditors' responsibilities and duties to prove

 

that a debt was rightly incurred by the victim of identity theft.

 

     (iii) Reforming the collection practices of discharged debts by

 

third-party collection firms.

 

     (i) Act as a liaison between the federal government and this

 

state concerning identity theft issues and legislative

 

recommendations.

 

     (j) Establish a process for recognizing persons or agencies

 

that have exemplary business practices in identity theft protection

 

and prevention.

 

     (k) 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 department of attorney general shall provide staff

 

assistance to the identity theft commission as necessary to carry

 

out the commission's duties under this section.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 6099(request no.

 

05635'07).

 

     (b) Senate Bill No.____ or House Bill No. 6100(request no.

 

05636'07).

 

     (c) Senate Bill No.____ or House Bill No. 6101(request no.

 

05637'07).

 

     (d) Senate Bill No.____ or House Bill No. 6102(request no.

 

05638'07).

 

     (e) Senate Bill No.____ or House Bill No. 6103(request no.

 

05639'07).

 

     (f) Senate Bill No.____ or House Bill No. 6105(request no.

 

05980'07).

 


     (g) Senate Bill No.____ or House Bill No. 6106(request no.

 

05981'07).

 

     (h) Senate Bill No.____ or House Bill No. 6107(request no.

 

05982'07).