HOUSE BILL No. 5285

 

October 12, 2005, Introduced by Rep. Jones and referred to the Committee on Judiciary.

 

     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:

 

     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 do all

 

of the following:

 

     (i) Ensure access to locator information obtained through 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) 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

 

enforcement agency.

 

     (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.

 

     (4) A person shall not access, use, or disclose public

 

information governed under this act for personal use or gain.

 

     (5)  (4)  A person who 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 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.