LANSING, MI -- Michigan Rep. Phil Phelps doesn't know whether officials at state agencies manipulated data to mask lead levels in Flint water, but he does know that there's no law stopping somebody from doing so.
"As far as we were able to determine, not directly," said the Democrat from Flushing. "There's no laws on the books that say you can't manipulate data."
When the legislature comes back on Jan. 13 he plans to introduce a bill that would make intentionally manipulating or falsifying information in state reports a five-year felony and fine of up to $5,000.
Phelps said he wasn't saying for sure that anybody did something wrong in relation to the Flint water crisis, but if somebody did in the future it would be a crime under this bill. His understanding is that every other law on the books right now a prosecutor would have to "stretch" to apply to such an instance.
"I'm not a judge, I'm not a prosecutor. I just want to make sure that this is another tool that we have in the future," Phelps said.
The bill language is vague, Phelps said, and he's discussing it with other legislators. It could apply to every level of government employee, not just state employees.
Phelps has had this bill in the works for months but was prompted to action by a recent response from the Auditor General that indicated employees of the Department of Environmental Quality's Office of Drinking Water and Municipal Assistance would only be subject to penalties under state employee rules if they did misrepresent data.
The Auditor General did note that "... we have no specific reason to believe that DEQ willfully misrepresented the information to the EPA."
The bill could act as a deterrent for state employees who are asked to falsify information in the future, Phelps said.
"I'm not targeting low-level staff or high-level staff with this. I would be worried that in the future a department director might request that an employee make a report look good or make a report come out to be an acceptable report under the guidelines," Phelps said.
Phelps plans to formally introduce the bill next week. It would need companion legislation establishing sentencing guidelines, Phelps noted.
Emily Lawler is a Capitol reporter for MLive. You can reach her at elawler@mlive.com, subscribe to her on Facebook or follow her on Twitter: @emilyjanelawler.