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).