Act No. 320

Public Acts of 2000

Approved by the Governor

October 25, 2000

Filed with the Secretary of State

October 25, 2000

EFFECTIVE DATE: October 25, 2000

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senators Stille and Gast

ENROLLED SENATE BILL No. 945

AN ACT to amend 1974 PA 163, entitled "An act to provide for the creation of a law enforcement information network policy council; to provide for the establishment of policy and promulgation of rules governing the use of the law enforcement information network; and to provide for the appointment and compensation of council members," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.

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 who violates subsection (2) or (3) is:

(a) For a first offense, 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, 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.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.