HOUSE BILL No. 5137 September 30, 1997, Introduced by Reps. Jellema, Kukuk, Goschka and DeVuyst and referred to the Committee on Judiciary. A bill to provide for access to the law enforcement informa- tion network by certain fire service agencies under certain cir- cumstances; and to provide for certain civil remedies. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (a) "Administration of criminal justice" means the per- 3 formance of 1 or more of the following activities: 4 (i) Detection, apprehension, detention, pretrial release, 5 posttrial release, prosecution, adjudication, correctional super- 6 vision, or rehabilitation of accused persons or criminal 7 offenders. 8 (ii) Identification of criminal offenders. 9 (iii) Collection, storage, and dissemination of criminal 10 history record information. 03354'97 JJG 2 1 (b) "Fire chief of an organized fire department" means the 2 chief operating officer of an organized fire department. 3 (c) "Law enforcement agency" means either of the following: 4 (i) The police agency of a city, village, or township. 5 (ii) The sheriff's department of a county. 6 (d) "Local unit of government" means a city, village, town- 7 ship, or county. 8 (e) "Organized fire department" means an organization or 9 department that provides fire suppression and other fire related 10 services within a city, village, or township and is a fire 11 department of a city, village, or township, or a fire service 12 designated by a city, village, or township pursuant to a 13 contract. Organized fire department includes a department of 14 county employees who are responsible for fire suppression and 15 other fire related services for an airport operated by the county 16 or an agency of the county. 17 (f) "Person" means an individual, partnership, corporation, 18 association, governmental entity, or other legal entity. 19 Sec. 3. The fire chief of an organized fire department or 20 his or her designee may receive information only through a law 21 enforcement agency from the law enforcement information network 22 as provided in the L.E.I.N. policy council act, 1974 PA 163, MCL 23 28.211 to 28.216, for both of the following: 24 (a) A pre-employment and periodic criminal convictions his- 25 tory, limited to the number of misdemeanors and the number of 26 felonies. 03354'97 3 1 (b) A pre-employment and periodic driving record. 2 Sec. 5. (1) Subject to subsection (2), if a fire chief or 3 his or her designee requests a law enforcement agency to obtain 4 records or information under section 3, the law enforcement 5 agency may access the law enforcement information network to 6 obtain the requested information. 7 (2) Subsection (1) does not authorize a law enforcement 8 agency that is not otherwise authorized by law to access the law 9 enforcement information network to obtain records or information 10 under section 3. 11 Sec. 7. (1) Except as otherwise provided in subsection (2), 12 a record or other information obtained by a law enforcement 13 agency for a fire chief or his or her designee under section 3 14 concerning an individual is confidential and is exempt from dis- 15 closure under the freedom of information act, 1976 PA 442, MCL 16 15.231 to 15.246. 17 (2) The law enforcement agency may disclose the record or 18 other information as follows: 19 (a) To another law enforcement agency for the administration 20 of criminal justice. 21 (b) To a fire chief or his or her designee for the purpose 22 for which the record or other information was obtained. 23 (3) A person receiving a record or other information made 24 confidential by this section shall disclose the record or other 25 information to others only to the extent consistent with the 26 authorized purpose for which the record or other information was 27 obtained. 03354'97 4 1 Sec. 9. (1) Except as provided in section 7(2) and (3), a 2 person who discloses a record or other information made confiden- 3 tial by section 7(1) is liable for a civil fine of not more than 4 $10,000.00. 5 (2) The attorney general or a county prosecutor may commence 6 a civil action seeking the civil fine prescribed in subsection 7 (1) for a violation of section 7. 8 (3) A default in the payment of a civil fine provided for by 9 this section may be remedied by any means authorized to enforce a 10 judgment under the revised judicature act of 1961, 1961 PA 236, 11 MCL 600.101 to 600.948. 03354'97 Final page. JJG