SB-1176, As Passed Senate, November 29, 2018

SUBSTITUTE FOR

SENATE BILL NO. 1176

     A bill to prohibit public agencies from requiring certain

nonprofit entities to disclose personal information of their

members, supporters, volunteers, and donors in certain

circumstances; to limit the release of that personal information if

it is obtained by a public agency; and to provide remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"personal privacy protection act".

     Sec. 2. As used in this act:

     (a) "Personal information" means any list, record, register,

registry, roll, roster, or other compilation of data of any kind

that directly or indirectly identifies a person as a member,

supporter, or volunteer of, or donor of financial or nonfinancial

support to, any entity organized under section 501(c) of the

internal revenue code.

     (b) "Public agency" means any state or local governmental

unit, however designated, including, but not limited to, this

state; any department, agency, office, commission, board, division,

or other entity of this state; any political subdivision of this

state, including, but not limited to, a county, city, township,

village, school district, community college district, or any other

local governmental unit, agency, authority, council, board, or

commission; or any state or local court, tribunal, or other

judicial or quasi-judicial body.

     Sec. 3. (1) Notwithstanding any law to the contrary, and

subject to subsection (3), a public agency shall not do any of the

following:

     (a) Require any entity organized under section 501(c) of the

internal revenue code to provide the public agency with personal

information.

     (b) If in the possession of personal information, a public

agency shall not release, publicize, or otherwise disclose that

personal information without the express written permission of

every identified member, supporter, volunteer, or donor and the

section 501(c) entity that received their membership, support,

volunteer time, or donations.

     (c) Request or require a current or prospective contractor

with the public agency to provide the public agency with a list of

entities organized under section 501(c) of the internal revenue

code to which it has provided financial or nonfinancial support.

     (2) Personal information is exempt from disclosure under the

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

     (3) This act does not preclude either of the following:

     (a) Any lawful warrant for personal information issued by a

court of competent jurisdiction.

     (b) A lawful request for discovery of personal information in

litigation if both of the following conditions are met:

     (i) The requestor demonstrates a compelling need for the

personal information by clear and convincing evidence.

     (ii) The requestor obtains a protective order barring

disclosure of personal information to any person not directly

involved in the litigation. As used in this subparagraph, "person"

means an individual, partnership, corporation, association,

governmental entity, or other legal entity.

     Sec. 4. (1) A person alleging a violation of this act may

bring a civil action for appropriate injunctive relief, damages, or

both. Damages awarded under this section may include 1 of the

following, as appropriate:

     (a) A sum of money not less than $2,500.00 to compensate for

injury or loss caused by each violation of this act.

     (b) For an intentional violation of this act, a sum of money

not to exceed 3 times the sum described in subdivision (a).

     (2) A court, in rendering a judgment in an action brought

under this act, may award all or a portion of the costs of

litigation, including reasonable attorney fees and witness fees, to

the complainant in the action if the court determines that the

award is appropriate.

     Sec. 5. A person who knowingly violates this act is guilty of

a misdemeanor punishable by imprisonment for not more than 90 days

or a fine of not more than $1,000.00, or both.

     Sec. 6. The requirements of this act shall not affect any

provisions of the Michigan campaign finance act, 1976 PA 388, MCL

169.201 to 169.282, or 1978 PA 472, MCL 4.411 to 4.431.