HB-5391, As Passed House, September 12, 2012
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
(viii) The revenue bond act of 1933, 1933 PA 94, MCL 141.101 to
(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
(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
(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.