HB-5275, As Passed Senate, December 6, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5275

     A bill to amend 1974 PA 163, entitled

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

by amending the title and sections 1, 2, and 3 (MCL 28.211, 28.212,

and 28.213) and by adding sections 1a and 3a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to provide for the creation of a  law enforcement

information network  criminal justice information systems policy

council; to provide for the establishment of policy and

promulgation of rules governing  the use of the law enforcement

information network  access, use, and disclosure of information in

criminal justice information systems;  and to provide for the

appointment and compensation  reimbursement of expenses of council

members; and to provide for penalties.

     Sec. 1. This act shall be known and may be cited as the

"L.E.I.N.  "C.J.I.S. policy council act".  of 1974".

     Sec. 1a. As used in this act:

     (a) "Council" means the criminal justice information policy

council created in section 2.

     (b) "Nonpublic information" means information to which access,

use, or dissemination is restricted by a law or rule of this state

or the United States.

     Sec. 2. (1)  There is created the law enforcement information

network  The criminal justice information policy council  ,

hereafter referred to as the council, comprised  is created in the

department of state police. The council is composed of the

following members:

     (a) The attorney general  , or his  designated representative

or her designee.

     (b) The secretary of state  , or his  designated

representative  or her designee.

     (c) The director of the department of corrections  , or his

designated representative  or her designee.

     (d) The  commissioner  chief of the Detroit police department

, or his  designated representative  or her designee.

     (e) The director of the department of state police or his or

her designee.

(f)  (e) Three representatives of the department of state

police  , to be appointed by the director of the department of

state police.

(g)  (f) Three representatives of the Michigan association of

chiefs of police  , to be appointed  annually by that

association.

(h)  (g) Three  Four representatives of the Michigan sheriffs'

association  , to be appointed  annually by that association.

(i)  (h) Three representatives of the prosecuting attorneys

association of Michigan  to be appointed  annually by that

association.

     (j) A representative of the Michigan district judges

association appointed by that association.

     (k) A representative of the Michigan judges association

appointed by that association.

     (l) The state court administrator or his or her designee.

     (m) An individual appointed by and serving at the pleasure of

the governor who is employed in or engaged in the private security

business.

     (n) An individual appointed by and serving at the pleasure of

the governor who represents human services concerns in this state.

     (o) The director of the department of information technology

or his or her designee.

     (2) The appointed members of the council shall serve 2-year

terms and may be reappointed.

     Sec. 3. (1) The council,  shall, at its first meeting, shall

elect from its membership a  chairman  chairperson, who shall serve

for 1 year.  Elections thereafter  An election for chairperson

shall be held annually. A  chairman may  chairperson, if reelected,

may succeed himself or herself. The council shall meet quarterly  ,  

during the months of January, April, July, and October  , and at

other times the chairman deems necessary  or more frequently at the

call of the chairperson.

     (2) Council members shall serve without compensation, but

shall be  are entitled to actual expenses incurred during

attendance at a regular or special council meeting and in traveling

to and from a meeting.

     (3) A majority of council members constitute a quorum for

conducting the business of the council

     Sec. 3a. (1) The council shall exercise its prescribed powers,

duties, functions, and responsibilities independently of the

director of the department of state police. The budgeting,

procurement, and related management functions of the council shall

be performed under the direction and supervision of the director of

the department of state police.

     (2) The executive secretary of the council shall be appointed

by the director of the department of state police subject to the

approval of the council.

     Enacting section 1. This amendatory act takes effect February

1, 2006.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 648 of the 93rd Legislature is enacted into

law.