HB-5391, As Passed House, September 12, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5391

     A bill to authorize transit service providers 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. As used in this act:

     (a) "Bus" means a motor bus as defined in section 3 of the

motor bus transportation act, 1982 PA 432, MCL 474.103.

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

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

     (c) "Employee" means an individual applying for employment as

a bus driver with a transit service provider.

     (d) "Transit service provider" means a public transportation

authority formed under any of the following:

     (i) 1963 PA 55, MCL 124.351 to 124.359.

     (ii) The metropolitan transportation authorities act of 1967,

1967 PA 204, MCL 124.401 to 124.426.

     (iii) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7,

MCL 124.501 to 124.512.

     (iv) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.

     (v) 1951 PA 35, MCL 124.1 to 124.13.

     (vi) The public transportation authority act, 1986 PA 196, MCL

124.451 to 124.479.

     (vii) The nonprofit corporation act, 1982 PA 162, MCL 450.2101

to 450.3192.

     (viii) The revenue bond act of 1933, 1933 PA 94, MCL 141.101 to

141.140.

     (ix) The home rule city act, 1909 PA 279, MCL 117.1 to 117.38.

     (x) The charter township act, 1947 PA 359, MCL 42.1 to 42.34.

     (e) "Vulnerable population" means children, the elderly, or

individuals with disabilities.

     Sec. 2. (1) Notwithstanding any other provision of law to the

contrary, a transit service provider may require the fingerprinting

of an employee who comes into contact with a vulnerable population

for the purpose of obtaining criminal history record information.

Fingerprints obtained pursuant to this section may be submitted to

the department of state police for a state criminal history record

check or to the federal bureau of investigation for a national

criminal history record check.

     (2) A fingerprint-based criminal history check under this act

shall be conducted in a manner prescribed by the department of

state police. The department of state police shall conduct the

fingerprint-based criminal history check and provide a report of

the results to the requesting transit service provider. The report

shall indicate whether the employee has been convicted of a

violation or attempted violation of any of the following:

     (a) Criminal sexual conduct, assault with intent to commit

criminal sexual conduct, or an attempt to commit criminal sexual

conduct, in any degree under sections 520b to 520g of the Michigan

penal code, 1931 PA 328, MCL 750.520b to 750.520g.

     (b) A felony involving a criminal assault or battery on an

individual.

     (c) A crime involving felonious assault on a child, child

abuse in the first degree, cruelty, torture, or indecent exposure

involving a child.

     (d) A felony involving the manufacture, distribution, or

dispensing of a controlled substance or possession with intent to

manufacture, distribute, or dispense a controlled substance.

     (e) A felony conviction involving fraud as an element of the

crime.

     (f) A violation of section 625(1), (3), or (8) of the Michigan

vehicle code, 1949 PA 300, MCL 257.625.

     (g) A violation of section 145n of the Michigan penal code,

1931 PA 328, MCL 750.145n.

     (3) The department of state police may charge a fee for the

fingerprint-based criminal history check. A fee for a fingerprint-

based criminal history check charged under this subsection shall

not exceed the actual and reasonable cost of conducting the check.

     (4) A transit service provider that fingerprints employees

under this section shall develop a written fingerprint policy and

shall provide those employees with a written synopsis of the

fingerprinting policy that describes how fingerprints are taken, to

whom the fingerprints are sent, and how the fingerprints are used.

     (5) The department of state police shall store and maintain

all fingerprints submitted under this act in an automated

fingerprint identification system database that provides for an

automatic notification when a subsequent criminal arrest

fingerprint card submitted into the system matches a set of

fingerprints previously submitted in accordance with this act. Upon

a match, the department of state police shall immediately notify

the transit service provider that employs the employee.

     (6) Any criminal history data kept on file by the transit

service provider are exempt from disclosure under section 13(1)(d)

of the freedom of information act, 1976 PA 442, MCL 15.243.

     Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.