2015 Senate Bill 490 / 2016 Public Act 92

Revise library and video rental confidentiality

Introduced in the Senate

Sept. 10, 2015

Introduced by Sen. Tonya Schuitmaker (R-26)

To revise a law that restricts disclosing information about videos, books or recordings borrowed or rented by an individual without notifying the individual. The bill would allow the notification to be a written notice included with the material at the time it is rented or borrowed.

Referred to the Committee on Commerce

Dec. 10, 2015

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 15, 2015

Passed in the Senate 38 to 0 (details)

To revise a law that restricts disclosing information about videos, books or recordings borrowed or rented by an individual without notifying the individual. The bill would allow the notification to be a written notice included with the material at the time it is rented or borrowed, and remove sanctions from unknowing or "incidental" release. It would also delete a provision allowing damages of up to $5,000 violation, instead limiting customer awards to the amount of any actual damages incurred.

Received in the House

Dec. 16, 2015

Referred to the Committee on Commerce and Trade

Feb. 23, 2016

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

March 3, 2016

Amendment offered by Rep. Jim Townsend (D-26)

To allow damages of up to $1,000 violation, instead of limiting customer awards to the amount of any actual damages incurred.

The amendment failed by voice vote

Amendment offered by Rep. Jeremy Moss (D-35)

To require a higher level of disclosure and specific consent required from customers for release of information about rentals or borrowings.

The amendment failed by voice vote

March 24, 2016

Substitute offered by Rep. Joseph Graves (R-51)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Passed in the House 59 to 49 (details)

To revise a law that restricts disclosing information about videos, books or recordings borrowed or rented by an individual without notifying the individual. The bill would allow the notification to be a written notice included with the material at the time it is rented or borrowed, and remove sanctions from unknowing or "incidental" release. It would also delete a provision allowing damages of up to $5,000 violation, instead limiting customer awards to the amount of any actual damages incurred.

In the Senate

April 12, 2016

Amendment offered by Sen. Mike Kowall (R-15)

To strip out a provision allowing disclosures to a third party that are "incidental" to the ordinary course of business of the discloser.

The amendment failed 9 to 27 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To authorize lawsuits and damages up to $5,000 for unauthorized disclosures.

The amendment failed 11 to 25 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To make the required written confidentiality notices more specific, and more conspicuous.

The amendment failed 10 to 26 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To replace key provisions of the bill with a less ambiguous ban on releasing non-public information without informed consent.

The amendment failed 10 to 26 (details)

Passed in the Senate 28 to 8 (details)

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

April 13, 2016

Received

Signed by Gov. Rick Snyder

May 2, 2016