SB-1035, As Passed House, September 23, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1035

     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 2007 PA 76.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

not to exceed $30.00, until October 1, 2010 2012, 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 subsection if a fee for

taking and processing fingerprints is collected under any 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

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 2012, the department of state police

may charge a fee of $10.00 for processing and completing a name-

based criminal record check. A However, 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 or if

the requester is a government agency or nonprofit charitable agency

performing employment or volunteer employment name-based background

checks through the internet criminal history access tool (ICHAT).

     Enacting section 1. This amendatory act takes effect October

1, 2010.