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HOUSE BILL NO. 6187
A bill to amend 2004 PA 452, entitled
"Identity theft protection act,"
by amending section 3 (MCL 445.63), as amended by 2010 PA 318.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act: 1
(a) "Agency" means a department, board, commission, office, 2
agency, authority, or other unit of state government of this state. 3
The term Agency includes an institution of higher education of this 4
state. The term Agency does not include a circuit, probate, 5
July 03, 2026, Introduced by Rep. Tisdel and referred to Committee on Finance.
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district, or municipal court. 1
(b) "Breach of the security of a database" or "security 2
breach" means the unauthorized access and acquisition of data that 3
compromises the security or confidentiality of personal information 4
maintained by a person or agency as part of a database of personal 5
information regarding multiple individuals. These terms do Breach 6
of the security of a database or security breach does not include 7
unauthorized access to data by an employee or other individual if 8
the access meets all of the following: 9
(i) The employee or other individual acted in good faith in 10
accessing the data. 11
(ii) The access was related to the activities of the agency or 12
person. 13
(iii) The employee or other individual did not misuse any 14
personal information or disclose any personal information to an 15
unauthorized person. 16
(c) "Child or spousal support" means support for a child or 17
spouse, paid or provided pursuant to in accordance with state or 18
federal law under a court order or judgment. Support Child or 19
spousal support includes, but is not limited to, any of the 20
following: 21
(i) Expenses for day-to-day care. 22
(ii) Medical, dental, or other health care. 23
(iii) Child care expenses. 24
(iv) Educational expenses. 25
(v) Expenses in connection with pregnancy or confinement under 26
the paternity act, 1956 PA 205, MCL 722.711 to 722.730. 27
(vi) Repayment of genetic testing expenses , under the 28
paternity act, 1956 PA 205, MCL 722.711 to 722.730. 29
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(vii) A surcharge as provided by under section 3a of the 1
support and parenting time enforcement act, 1982 PA 295, MCL 2
552.603a. 3
(d) "Credit card" means that term as defined in section 157m 4
of the Michigan penal code, 1931 PA 328, MCL 750.157m. 5
(e) "Data" means computerized personal information. 6
(f) "Depository institution" means a state or nationally 7
chartered bank or a state or federally chartered savings and loan 8
association, savings bank, or credit union. 9
(g) "Encrypted" means transformation of data through the use 10
of an algorithmic process into a form in which there is a low 11
probability of assigning meaning without use of a confidential 12
process or key, or securing information by another method that 13
renders the data elements unreadable or unusable. 14
(h) "False pretenses" includes, but is not limited to, a 15
false, misleading, or fraudulent representation, writing, 16
communication, statement, or message, communicated by any means to 17
another person, that the maker of the representation, writing, 18
communication, statement, or message knows or should have known is 19
false or fraudulent. The false pretense False pretenses may be a 20
representation regarding a past or existing fact or circumstance or 21
a representation regarding the intention to perform a future event 22
or to have a future event performed. 23
(i) "Financial institution" means a any of the following: 24
(i) A depository institution. , an 25
(ii) An affiliate of a depository institution. , a 26
(iii) A licensee under the any of the following: 27
(A) The consumer financial services act, 1988 PA 161, MCL 28
487.2051 to 487.2072. , 29
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(B) 1984 PA 379, MCL 493.101 to 493.114. , the 1
(C) The motor vehicle sales finance act, 1950 (Ex Sess) PA 27, 2
MCL 492.101 to 492.141. , the 3
(D) For 6 months after the effective date of the residential 4
mortgage licensing and supervision act, the secondary mortgage loan 5
act, 1981 PA 125, MCL 493.51 to 493.81. , the 6
(E) For 6 months after the effective date of the residential 7
mortgage licensing and supervision act, the mortgage brokers, 8
lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 9
445.1684. , or the 10
(F) Beginning on the effective date of the residential 11
mortgage licensing and supervision act, the residential mortgage 12
licensing and supervision act. 13
(G) The regulatory loan act, 1939 PA 21, MCL 493.1 to 493.24. 14
, a 15
(iv) A seller under the either of the following: 16
(A) The home improvement finance act, 1965 PA 332, MCL 17
445.1101 to 445.1431. , or the 18
(B) The retail installment sales act, 1966 PA 224, MCL 445.851 19
to 445.873. , or a 20
(v) A person subject to subtitle A of title V of the Gramm-21
Leach-Bliley act, 15 USC 6801 to 6809. 22
(j) "Financial transaction device" means that term as defined 23
in section 157m of the Michigan penal code, 1931 PA 328, MCL 24
750.157m. 25
(k) "Identity theft" means engaging in an act or conduct 26
prohibited in under section 5(1). 27
(l) "Interactive computer service" means an information service 28
or system that enables computer access by multiple users to a 29
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computer server, including, but not limited to, a service or system 1
that provides access to the internet or to software services 2
available on a server. 3
(m) "Law enforcement agency" means that term as defined in 4
section 2804 of the public health code, 1978 PA 368, MCL 333.2804. 5
(n) "Local registrar" means that term as defined in section 6
2804 of the public health code, 1978 PA 368, MCL 333.2804. 7
(o) "Medical records or information" includes, but is not 8
limited to, medical and mental health histories, reports, 9
summaries, diagnoses and prognoses, treatment and medication 10
information, notes, entries, and x-rays X-rays and other imaging 11
records. 12
(p) "Person" means an individual, partnership, corporation, 13
limited liability company, association, or other legal entity. 14
(q) "Personal identifying information" means a name, number, 15
or other information that is used for the purpose of identifying a 16
specific person or providing access to a person's financial 17
accounts, including, but not limited to, a person's name, address, 18
telephone number, driver license or state personal identification 19
card number, social security Social Security number, place of 20
employment, employee identification number, employer or taxpayer 21
identification number, government passport number, health insurance 22
identification number, mother's maiden name, demand deposit account 23
number, savings account number, financial transaction device 24
account number or the person's account password, any other account 25
password in combination with sufficient information to identify and 26
access the account, automated or electronic signature, biometrics, 27
stock or other security certificate or account number, credit card 28
number, vital record, or medical records or information. 29
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(r) "Personal information" means the first name or first 1
initial and last name linked to 1 or more of the following data 2
elements of a resident of this state: 3
(i) Social security Security number. 4
(ii) Driver license number or state personal identification 5
card number. 6
(iii) Demand deposit or other financial account number, or 7
credit card or debit card number, in combination with any required 8
security code, access code, or password that would permit access to 9
any of the resident's financial accounts. 10
(s) "Public utility" means that term as defined in section 1 11
of 1972 PA 299, MCL 460.111. 12
(t) "Redact" means to alter or truncate data so that no more 13
than 4 sequential digits of a driver license number, state personal 14
identification card number, or account number, or no more than 5 15
sequential digits of a social security number, are accessible as 16
part of personal information. 17
(t) (u) "State registrar" means that term as defined in 18
section 2805 of the public health code, 1978 PA 368, MCL 333.2805. 19
(u) (v) "Trade or commerce" means that term as defined in 20
section 2 of the Michigan consumer protection act, 1971 1976 PA 21
331, MCL 445.902. 22
(v) (w) "Vital record" means that term as defined in section 23
2805 of the public health code, 1978 PA 368, MCL 333.2805. 24
(w) (x) "Webpage" means a location that has a uniform resource 25
locator or URL with respect to the world wide web World Wide Web or 26
another location that can be accessed on the internet. 27
Enacting section 1. This amendatory act does not take effect 28
unless House Bill No. 6177 (request no. H05171'25) of the 103rd 29
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Final Page
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Legislature is enacted into law. 1