HOUSE BILL No. 4850


     September 23, 1999, Introduced by Reps. Mortimer, DeRossett, Garcia, Shackleton,
Bradstreet, Birkholz, Julian and Jelinek and referred to the Committee on Employment
Relations, Training and Safety.


        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 1998 PA 459.

               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

 7    the law enforcement information network by state and federal

 8    agencies and the friend of the court for enforcement of child

 9    support programs as provided under state and federal law.






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 1         (ii) Ensure access to information of an individual being

 2    investigated by a state or county employee who is engaged in the

 3    enforcement of the child protection laws or rules of this state.

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

 5    or his or her designee to request and receive information

 6    obtained through the law enforcement information network by a law

 7    enforcement agency for the following purposes:

 8         (A) A preemployment criminal convictions history.

 9         (B) A preemployment driving record.

10         (C) Vehicle registration information for vehicles involved

11    in a fire or hazardous materials incident.

12         (D) HAZARDOUS MATERIALS INFORMATION FOR THE SAFETY OF THE

13    PUBLIC AND FIRE DEPARTMENT PERSONNEL.

14         (b) Review applications for network terminals and approve or

15    disapprove the applications and the sites for terminal

16    installations.  If an application is disapproved, the applicant

17    shall be notified in writing of the reasons for disapproval.

18         (c) Establish minimum standards for terminal sites and

19    installation.

20         (2) A person shall not disclose information from the law

21    enforcement information network to a private entity for any pur-

22    pose, including, but not limited to, the enforcement of child

23    support programs.

24         (3) A person shall not disclose information from the law

25    enforcement information network in a manner that is not autho-

26    rized by law or rule.





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 1         (4) A person who violates subsection (2) or (3) is:

 2         (a) For a first offense, guilty of a misdemeanor punishable

 3    by imprisonment for not more than 90 days or a fine of not more

 4    than $500.00, or both.

 5         (b) For a second or subsequent offense, guilty of a felony

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

 7    not more than $2,000.00, or both.










































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