SB-0648, As Passed Senate, December 6, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 648

     A bill to amend 1974 PA 163, entitled

"L.E.I.N. policy council act of 1974,"

by amending sections 4 and 5 (MCL 28.214 and 28.215), section 4 as

amended by 2000 PA 320; and to repeal acts and parts of acts.

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  governing

access, use, and disclosure of information in criminal justice

information systems, including the law enforcement information

network, the automated fingerprint information system, and other

information systems related to criminal justice or law enforcement.

The policy and rules shall do all of the following:

     (i) Ensure access to information obtained by a federal, state,

or local governmental agency to administer criminal justice or

enforce any law.

(ii)  (i) Ensure access to  locator information  obtained

through  provided by the law enforcement information network  by

state and federal agencies and the friend of the court for  or the

automated fingerprint identification system by a governmental

agency engaged in the enforcement of child support  programs as

provided under state and federal law  laws, child protection laws,

or vulnerable adult protection laws.

     (ii) Ensure 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.

     (iii) Authorize a fire chief of an organized fire department or

his or her designee to request and receive information obtained

through the law enforcement information network by a law

enforcement agency for the following purposes:

     (A) A preemployment criminal convictions history.

     (B) A preemployment driving record.

     (C) Vehicle registration information for vehicles involved in

a fire or hazardous materials incident.

     (iv) Authorize a public or private school superintendent,

principal, or assistant principal to receive vehicle registration

information, of a vehicle within 1,000 feet of school property,

obtained through the law enforcement information network by a law

Senate Bill No. 648 (H-1) as amended November 2, 2005

enforcement agency.

[(v) Authorize the attorney general, the court, or a

prosecuting attorney to disclose to a defendant, or an attorney of

record representing that defendant, information pertaining to that

defendant.

(v)] Establish fees for access, use, or dissemination of

information from criminal justice information systems.

     (b) Review applications for  network terminals  C.J.I.S.

access 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  equipment

and software and its installation.

     (d) Advise the governor on issues concerning the criminal

justice information systems.

     (2) A person having direct access to nonpublic information in

the information systems governed by this act shall submit a set of

fingerprints for comparison with state and federal criminal history

records to be approved for access pursuant to the C.J.I.S. security

policy. A report of the comparison shall be provided to that

person's employer.

(3)  (2) A person shall not access, use, or disclose

nonpublic 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  governed under this act

for personal use or gain.

(4)  (3) A person shall not disclose information  from the

law enforcement information network  governed under this act in a

manner that is not authorized by law or rule.

(5)  (4) A person who intentionally violates subsection  (2)

or (3) or (4) is guilty of a crime as follows:

     (a) For a first offense, the person is guilty of a misdemeanor

punishable by imprisonment for not more than  90  93 days or a fine

of not more than $500.00, or both.

     (b) For a second or subsequent offense, the person is guilty

of a felony punishable by imprisonment for not more than 4 years or

a fine of not more than $2,000.00, or both.

     Sec. 5. The council may  remove terminals  do any of the

following:

     (a) Authorize access to public record information to enhance

public safety or criminal justice, as permitted by law.

     (b) Suspend or deny the use of, and access to, information or

remove access from an agency if the agency  or entity controlling

the terminal fails to comply with the established  violates

policies or promulgated rules of the council.

     (c) Suspend or deny direct access to information to an

individual who violates this act, policies, or promulgated rules of

the council.

     Enacting section 1. The following acts and parts of acts are

repealed:

     (a) Section 6 of the L.E.I.N. policy council act of 1974, 1974

PA 163, MCL 28.216.

     (b) The A.F.I.S. policy council act, 1988 PA 307, MCL 28.151

to 28.158.

     Enacting section 2. This amendatory act takes effect February

1, 2006.

     Enacting section 3. This amendatory act does not take effect

unless House Bill No. 5275 of the 93rd Legislature is enacted into

law.