HB-5543, As Passed House, February 28, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5543

     A bill to authorize local units of government to fingerprint

certain individuals for the purpose of receiving criminal history

record information from the department of state police and the

federal bureau of investigation; to prescribe the powers and duties

of certain state departments and officers; and to provide for the

collection of fees.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) Notwithstanding any other provision of law to the

contrary, a local unit of government may by ordinance require the

fingerprinting of door-to-door solicitors, taxicab drivers or other

drivers for hire, or street vendors or other transient merchants

for the purpose of obtaining criminal history record information on

those individuals. Fingerprints obtained pursuant to this act may

be submitted by the local unit of government to the department of

House Bill No. 5543 (H-3) as amended February 28, 2008

state police for a state criminal history record check and to the

federal bureau of investigation for a national criminal history

record check.

     (2) The department of state police shall serve as the sole

source for receiving fingerprint submissions from local units of

government and for receiving the responses to those fingerprint

submissions from the federal bureau of investigation. The criminal

history record information obtained by the department of state

police shall be disseminated to the local unit of government.

     (3) A local unit of government may charge an individual the

appropriate fees for the state and national criminal history record

check. The appropriate fees for a state and national criminal

history record check shall be transmitted by the local unit of

government to the department of state police.

     [(4) A local unit of government that fingerprints applicants or licensees under this act shall develop a written fingerprint policy and shall provide those applicants or licensees with a written synopsis of the fingerprinting policy that describes how fingerprints are taken, how fingerprints are controlled while in the possession of the local unit of government, who the fingerprints are sent to, and how the fingerprints are used.

    (5) The fingerprint impression of an applicant or licensee obtained under this act shall not be permanently retained by the local unit of government after the completion of the criminal history record check unless the applicant or licensee requests in writing to the local unit of government that he or she would like the fingerprint impression kept on file for future use.

     (6) Any biometric data kept on file by the local unit of government is exempt from disclosure under section 13(1)(d) of the freedom of information act, 1976 PA 422, MCL 15.243.

(7)] As used in this act:

     (a) "Criminal history record information" means that term as

defined in section 1a of 1925 PA 289, MCL 28.241a.

     (b) "Local unit of government" means a county, city, village,

township, or charter township.

     Enacting section 1. This act takes effect January 1, 2009.