February 11, 2003, Introduced by Rep. Hart and referred to the Committee on Criminal Justice.
A bill to amend 1974 PA 163, entitled
"L.E.I.N. policy council act of 1974",
by amending section 4 (MCL 28.214), as amended by 2000 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) The council shall do all of the following:
2 (a) Establish policy and promulgate rules regarding the
3 operational procedures to be followed by agencies using the law
4 enforcement information network. The policy and rules shall do
5 all of the following:
6 (i) Ensure access to locator information obtained through the
7 law enforcement information network by state and federal agencies
8 and the friend of the court for enforcement of child support
9 programs as provided under state and federal law.
10 (ii) Ensure access to information of an individual being
11 investigated by a state or county employee who is engaged in the
1 enforcement of the child protection laws or rules of this state.
2 (iii) Authorize a fire chief of an organized fire department
3 or his or her designee to request and receive information
4 obtained through the law enforcement information network by a law
5 enforcement agency for the following purposes:
6 (A) A preemployment criminal convictions history.
7 (B) A preemployment driving record.
8 (C) Vehicle registration information for vehicles involved in
9 a fire or hazardous materials incident.
10 (iv) Authorize a public or private school superintendent,
11 principal, or assistant
principal, or security director or
12 other security personnel to receive vehicle registration
13 information, of a vehicle within 1,000 feet of school property,
14 obtained through the law enforcement information network by a law
15 enforcement agency.
16 (b) Review applications for network terminals and approve or
17 disapprove the applications and the sites for terminal
18 installations. If an application is disapproved, the applicant
19 shall be notified in writing of the reasons for disapproval.
20 (c) Establish minimum standards for terminal sites and
21 installation.
22 (2) A person shall not disclose information from the law
23 enforcement information network to a private entity for any
24 purpose, including, but not limited to, the enforcement of child
25 support programs.
26 (3) A person shall not disclose information from the law
27 enforcement information network in a manner that is not
1 authorized by law or rule.
2 (4) A person who violates subsection (2) or (3) is:
3 (a) For a first offense, guilty of a misdemeanor punishable
4 by imprisonment for not more than 90 days or a fine of not more
5 than $500.00, or both.
6 (b) For a second or subsequent offense, guilty of a felony
7 punishable by imprisonment for not more than 4 years or a fine of
8 not more than $2,000.00, or both.
9 Enacting section 1. This amendatory act does not take
10 effect unless Senate Bill No. _____ or House Bill No. 4184
11 (request no. 00845'03 a) of the 92nd Legislature is enacted into
12 law.