Act No. 458

Public Acts of 1998

Approved by the Governor

December 31, 1998

Filed with the Secretary of State

January 4, 1999

EFFECTIVE DATE: January 4, 1999

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Rep. Gire

ENROLLED HOUSE BILL No. 5987

AN ACT to amend 1974 PA 163, entitled "An act to provide for the creation of a law enforcement information network policy council; to provide for the establishment of policy and promulgation of rules governing the use of the law enforcement information network; and to provide for the appointment and compensation of council members," by amending section 4 (MCL 28.214), as amended by 1998 PA 82.

The People of the State of Michigan enact:

Sec. 4. (1) The council shall do all of the following:

(a) Establish policy and promulgate rules regarding the operational procedures to be followed by agencies using the law enforcement information network. The policy and rules shall ensure all of the following:

(i) Access to locator information contained in the law enforcement information network by state and federal agencies and the friend of the court for enforcement of child support programs as provided under state and federal law.

(ii) Access to information of an individual being investigated by a state or county employee who is engaged in the enforcement of the child protection laws or rules of this state.

(b) Review applications for network terminals and approve or disapprove the applications and the sites for terminal installations. If an application is disapproved, the applicant shall be notified in writing of the reasons for disapproval.

(c) Establish minimum standards for terminal sites and installation.

(2) A person shall not disclose information from the law enforcement information network to a private entity for any purpose, including, but not limited to, the enforcement of child support programs.

(3) A person shall not disclose information from the law enforcement information network in a manner that is not authorized by law or rule. A violation of this subsection is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. A second or subsequent violation of this subsection is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.