HB-5793, As Passed House, September 27, 2012HB-5793, As Passed Senate, September 27, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5793

(As amended September 25, 2012)

     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 2010 PA 178.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) The Until October 1, <<2015>>, the department of state

police may charge a fee, not to exceed $30.00, until October 1,

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

House Bill No. 5793 as amended September 25, 2012

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, 2012, <<2015>>, the department of state

police may charge a fee of $10.00 for processing and completing a

name-based criminal record check. 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 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).