2003 Senate Bill 795 / 2004 Public Act 454

Identity theft crime package

Introduced in the Senate

Oct. 23, 2003

Introduced by Sen. Nancy Cassis (R-15)

To prohibit a person from disclosing to a third party or publicly displaying all or any part of the social security number of an employee, student, or other individual, unless he or she consented to the disclosure in writing or the disclosure was authorized by law. The bill is part of a legislative package comprised of Senate Bills 220, 657, 792, 793, 795, 797, 798, 803 and House Bills 6168 to 6177.

Referred to the Committee on Judiciary

Dec. 2, 2003

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Dec. 9, 2003

Substitute offered

To replace the previous version of the bill with one which also prohibits businesses or universities from using a social security number as a person's ID or account number, prohibits requiring an individual to use or transmit his or her social security over an unsecure or unencrypted internet site or computer system, and prohibits including a social security number in a mailed document except where required by law or for certain financial transactions in which it is required. The substitute allows exceptions for legitimate business uses.

The substitute passed by voice vote

Dec. 10, 2003

Amendment offered by Sen. Nancy Cassis (R-15)

To incorporate technical wording changes which clarify but do not affect the substance of the bill as previously described.

The amendment passed by voice vote

Passed in the Senate 38 to 0 (details)

To prohibit disclosing to a third party or publicly displaying all or any part of the social security number of an employee, student, or other individual, unless he or she consented to the disclosure in writing or the disclosure was authorized by law. The bill also prohibits businesses or universities from using a social security number as a person's ID or account number, prohibits requiring an individual to use or transmit his or her social security over an unsecure or unencrypted internet site or computer system, and prohibits including a social security number in a mailed document except where required by law or for certain financial transactions in which it is required.

Received in the House

Dec. 10, 2003

Referred to the Committee on Criminal Justice

Sept. 15, 2004

Reported without amendment

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

Sept. 29, 2004

Substitute offered

To replace the previous version of the bill with detail changes resulting from committee testimony and deliberation. This version was subsequently superceded by another substitute.

The substitute failed by voice vote

Substitute offered by Rep. William Van Regenmorter (R-74)

To replace the previous version of the bill with one that revises details and includes additional exceptions required for legitimate exceptions required for legitimate commercial, administrative or investigative purposes.

The substitute passed by voice vote

Amendment offered by Rep. William Van Regenmorter (R-74)

To remove a provision which establishes the maximum amount a person can sue a violator for.

The amendment passed by voice vote

Amendment offered by Rep. William Van Regenmorter (R-74)

To clarify an exception to the proposed prohibition on a public body mailing a document containing a person's social security number.

The amendment passed by voice vote

Amendment offered by Rep. William Van Regenmorter (R-74)

To define child support in the bill, which applies to an exemption to its provisions for a person who is lawfully seeking to investigate, collect, or enforce a child support order, and add spousal support to that exemption.

The amendment passed by voice vote

Passed in the House 105 to 0 (details)

To prohibit disclosing to a third party or publicly displaying all or any part of the social security number of an employee, student, or other individual, unless he or she consented to the disclosure in writing or the disclosure was authorized by law. The bill also prohibits businesses or universities from using a social security number as a person's ID or account number, prohibits requiring an individual to use or transmit his or her social security over an unsecure or unencrypted internet site or computer system, and prohibits including a social security number in a mailed document except where required by law or for certain financial transactions in which it is required. It includes exceptions required for legitimate commercial, administrative or investigative purposes.

Received in the Senate

Sept. 30, 2004

Nov. 10, 2004

Amendment offered by Sen. Nancy Cassis (R-15)

To clarify or make more explicit various terms and provisions in the bill, authorize the awarding of attorney fees to a plaintiff suing a violator of the proposed law in certain cases, exempt an employer who has taken reasonable precautions from civil liability for the actions of an employee who violates a person's privacy under the provisions of the bill, and make other technical changes.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To adopt a Senate version of the bill that revises details but does not change the substance of the House-passed version.

Received in the House

Nov. 10, 2004

Dec. 2, 2004

Amendment offered by Rep. William Van Regenmorter (R-74)

To clarify the provision added by the Senate authorizing an award of attorney fees to a plaintiff suing a violator of the proposed law in certain cases, the procedure for claiming actual damages, and the civil liability exemption for an employer who has taken reasonable precautions.

The amendment passed by voice vote

Passed in the House 98 to 0 (details)

To concur with the Senate-passed version of the bill, with an amendment.

Received in the Senate

Dec. 7, 2004

Passed in the Senate 34 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 22, 2004