HB-4668, As Passed House, September 23, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4668

     A bill to amend 1935 PA 120, entitled

"An act to prescribe a method for the fingerprinting of residents

of the state, and to provide for the recording and filing thereof

by the central records division of the department of state police,"

by amending section 3 (MCL 28.273), as amended by 2004 PA 359.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) The department of state police may charge a fee,

not to exceed $15.00, or, until October 1, 2007, not to exceed

$30.00, until October 1, 2010, for taking and processing the

fingerprints and completing a criminal record check of a resident

of this state when the impression of the fingerprints are requested

for employment-related or licensing-related purposes. A fee shall

not be collected under this section subsection if a fee for taking

and processing fingerprints is provided for collected under any

House Bill No. 4668 (H-2) as amended September 23, 2007

other law. The fee shall not exceed the actual cost of taking and

processing the impression of the fingerprints and completing a

criminal record check on that person. The fee shall be collected

and forwarded to the state police by the licensing body or the

employer.

     (2) The department of state police shall submit a written

report to the secretary of the senate and the clerk of the house of

representatives by October 1 of each year stating whether the fee

increase provided under the amendatory act that added this

subsection charged under subsection (1) is sufficient to support

the actual costs of fingerprinting and what the actual costs of

fingerprinting are.

     (3) [Until October 1, 2010,] The department of state police may

charge a fee of $10.00

for processing and completing a name-based criminal record check. A

fee shall not be charged under this subsection if a fee for

processing the name-based criminal record check is charged under

any other law. However, a fee under this subsection shall not be

charged in the case of a government agency or nonprofit charitable

agency performing employment or volunteer employment name-based

background checks through the internet criminal history access tool

(ICHAT).