Natural resources; fishing; reporting of ice fishing rescue

warnings and civil infraction determinations on LEIN system;

provide for.

NATURAL RESOURCES: Fishing; LAW ENFORCEMENT: Law enforcement

information network (LEIN)

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:

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) ENSURE ACCESS TO INFORMATION ON WARNINGS AND DETERMI-

5 NATIONS OF RESPONSIBILITY FOR STATE CIVIL INFRACTIONS UNDER SEC-

6 TION 46510 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

7 ACT, 1994 PA 451, MCL 324.46510. THE COUNCIL SHALL SUBMIT PRO-

8 POSED RULES UNDER THIS SUBPARAGRAPH FOR PUBLIC HEARING PURSUANT

9 TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL

10 24.201 TO 24.328, WITHIN 6 MONTHS AFTER THE EFFECTIVE DATE OF THE

11 AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH.

12 (iv) (iii) Authorize a fire chief of an organized fire

13 department or his or her designee to request and receive informa-

14 tion obtained through the law enforcement information network by

15 a law enforcement agency for the following purposes:

16 (A) A preemployment criminal convictions history.

17 (B) A preemployment driving record.

18 (C) Vehicle registration information for vehicles involved

19 in a fire or hazardous materials incident.

20 (v) (iv) Authorize a public or private school superinten-

21 dent, principal, or assistant principal to receive vehicle regis-

22 tration information, of a vehicle within 1,000 feet of school

23 property, obtained through the law enforcement information net-

24 work by a law enforcement agency.

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

26 disapprove the applications and the sites for terminal

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1 installations. If an application is disapproved, the applicant

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

3 (c) Establish minimum standards for terminal sites and

4 installation.

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

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

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

8 support programs.

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

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

11 rized by law or rule.

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

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

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

15 than $500.00, or both.

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

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

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

19 Enacting section 1. This amendatory act does not take

20 effect unless Senate Bill No. _____ or House Bill No. _____

21 (request no. 01568'01) of the 91st Legislature is enacted into

22 law.

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