HB-4568, As Passed Senate, June 3, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4568

 

May 7, 2015, Introduced by Rep. Pscholka and referred to the Committee on Appropriations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130,

 

324.80315, 324.81114, and 324.82156), as amended by 2011 PA 90.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80130. (1) The secretary of state may provide a

 

commercial lookup service of records maintained under this part.

 

For each individual record looked up, the secretary of state shall

 

charge a fee specified annually by the legislature, or if none, a

 

market-based price established by the secretary of state. The

 

secretary of state shall process a commercial lookup request only

 

if the request is in a form or format prescribed by the secretary

 

of state. Fees The secretary of state shall credit fees collected

 


under this subsection on and after October 1, 2005 shall be

 

credited to the transportation administration collection fund

 

created in section 810b of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.810b, through October 1, 2015.2019.

 

     (2) To provide an individual, historical boating record, the

 

secretary of state shall create and maintain a computerized central

 

file that includes the information contained on application forms

 

received under this part and the name of each person who is

 

convicted of an offense, who fails to comply with an order or

 

judgment issued, or against whom an order is entered under this

 

part. The computerized central file shall be interfaced with the

 

law enforcement information network as provided in the C.J.I.S.

 

policy council act, 1974 PA 163, MCL 28.211 to 28.215.

 

     (3) The secretary of state shall not provide an entire

 

computerized central or other file of records maintained under this

 

part to a nongovernmental person or entity unless the purchaser

 

pays the prescribed fee or price for each individual record

 

contained within the computerized file.

 

     (4) A certified copy of an order, record, or paper maintained

 

under this part is admissible in evidence in the same manner as the

 

original and is prima facie proof of the facts stated in the

 

original.

 

     Sec. 80315. (1) Records The secretary of state shall make

 

available to the public records maintained under this part, other

 

than those declared to be confidential by law or that are

 

restricted by law from disclosure to the public, shall be available

 

to the public under procedures prescribed in this part and in the


freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (2) The secretary of state may provide a commercial lookup

 

service of watercraft title records maintained under this part. For

 

each individual record looked up, the secretary of state shall

 

charge a fee specified annually by the legislature, or if none, a

 

market-based price established by the secretary of state. The

 

secretary of state shall process a commercial lookup request only

 

if the request is in a form or format prescribed by the secretary

 

of state. Fees The secretary shall credit fees collected under this

 

subsection on and after October 1, 2005 shall be credited to the

 

transportation administration collection fund created in section

 

810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b,

 

through October 1, 2015.2019.

 

     (3) The secretary of state shall create and maintain a

 

computerized central file that includes the information contained

 

on application forms received under this part. The computerized

 

central file shall be interfaced with the law enforcement

 

information network as provided in the C.J.I.S. policy council act,

 

1974 PA 163, MCL 28.211 to 28.215.

 

     (4) The secretary of state shall not provide an entire

 

computerized central or other file of records maintained under this

 

part to a nongovernmental person or entity unless the purchaser

 

pays the prescribed fee or price for each individual record

 

contained within the computerized file.

 

     (5) A certified copy of an order, record, or paper maintained

 

under this part is admissible in evidence in the same manner as the

 

original and is prima facie proof of the facts stated in the


original.

 

     Sec. 81114. (1) Records The secretary of state shall make

 

available to the public records maintained under this part, other

 

than those declared to be confidential by law or that are

 

restricted by law from disclosure to the public, shall be available

 

to the public under procedures prescribed in this part and in the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (2) The secretary of state may provide a commercial lookup

 

service of ORV operation, title, and registration records

 

maintained under this part. For each individual record looked up,

 

the secretary of state shall charge a fee specified annually by the

 

legislature, or if none, a market-based price established by the

 

secretary of state. The secretary of state shall process a

 

commercial lookup request only if the request is in a form or

 

format prescribed by the secretary of state. Fees The secretary of

 

state shall credit fees collected under this subsection on and

 

after October 1, 2005 shall be credited to the transportation

 

administration collection fund created in section 810b of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.810b, through October

 

1, 2015.2019.

 

     (3) The secretary of state shall create and maintain a

 

computerized central file that includes the information contained

 

on application forms received under this part and the name of each

 

person who is convicted of an offense, who fails to comply with an

 

order or judgment issued, or against whom an order is entered under

 

this part. The computerized central file shall be interfaced with

 

the law enforcement information network as provided in the C.J.I.S.


policy council act, 1974 PA 163, MCL 28.211 to 28.215.

 

     (4) The secretary of state may purge a record of an ORV

 

certificate of title and any record pertaining to it 7 years after

 

the title was issued or the record was made or received.

 

     (5) The secretary of state shall not provide an entire

 

computerized central or other file of records maintained under this

 

part to a nongovernmental person or entity unless the purchaser

 

pays the prescribed fee or price for each individual record

 

contained within the computerized file.

 

     (6) A certified copy of an order, record, or paper maintained

 

under this part is admissible in evidence in the same manner as the

 

original and is prima facie proof of the facts stated in the

 

original.

 

     Sec. 82156. (1) Records The secretary of state shall make

 

available to the public records maintained under this part, other

 

than those declared to be confidential by law or that are

 

restricted by law from disclosure to the public, shall be available

 

to the public under procedures prescribed in this part and in the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (2) The secretary of state may provide a commercial lookup

 

service of snowmobile operation, title, and registration records

 

maintained under this part. For each individual record looked up,

 

the secretary of state shall charge a fee specified annually by the

 

legislature, or if none, a market-based price established by the

 

secretary of state. The secretary of state shall process a

 

commercial lookup request only if the request is in a form or

 

format prescribed by the secretary of state. Fees The secretary of


state shall credit fees collected under this subsection on and

 

after October 1, 2005 shall be credited to the transportation

 

administration collection fund created in section 810b of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.810b, through October

 

1, 2015.2019.

 

     (3) To provide an individual, historical snowmobiling record,

 

the secretary of state shall create and maintain a computerized

 

central file that includes the information contained on application

 

forms received under this part and the name of each person who is

 

convicted of an offense, who fails to comply with an order or

 

judgment issued, or against whom an order is entered under this

 

part or former 1968 PA 74. The computerized central file shall be

 

interfaced with the law enforcement information network as provided

 

in the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to

 

28.215.

 

     (4) The secretary of state shall not provide an entire

 

computerized central or other file of records maintained under this

 

part to a nongovernmental person or entity unless the purchaser

 

pays the prescribed fee or price for each individual record

 

contained within the computerized file.

 

     (5) A certified copy of an order, record, or paper maintained

 

in this record is admissible in evidence in like manner as the

 

original and is prima facie proof of the facts stated in the

 

original.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2015.