SUBSTITUTE FOR

HB-5062, As Passed House, June 12, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5062

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 2012 PA 318.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. (1) Until October 1, 2015, the department ~~of state~~

~~police~~ may charge a fee, not to exceed $30.00, 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~~ department 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, 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 any of the following apply:

(a) A fee for processing the name-based criminal record check

is charged under any other law. ~~or if the~~

(b) 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).~~ICHAT.

protection shelter performing a name-based background check for

purposes of animal adoption checks through ICHAT.

(4) The department shall prepare an annual report of animal

abuse offenses reported to the department for inclusion in the

department's criminal history record information database. Each

report shall include the number of offenses reported to the

department during the year, broken down into categories considered

appropriate by the department. A copy of each report shall be

provided to all of the following before the expiration of 30 days

after the calendar year in which the report is due:

(a) The secretary of the senate.

(b) The clerk of the house of representatives.

development.

(5) As used in this section:

(a) "Animal abuse offense" means 1 or more of the following,

but does not include the lawful use of an animal to hunt or to

participate in field trials or the lawful killing or other use of

an animal in farming or a generally accepted animal husbandry or

farming practice involving livestock:

(i) A violation of section 49 of the Michigan penal code, 1931

PA 328, MCL 750.49.

(ii) A violation of section 50 of the Michigan penal code, 1931

PA 328, MCL 750.50.

(iii) A violation of section 50a of the Michigan penal code,

1931 PA 328, MCL 750.50a.

(iv) A violation of section 50b of the Michigan penal code,

1931 PA 328, MCL 750.50b.

(v) A violation of section 50c of the Michigan penal code,

1931 PA 328, MCL 750.50c.

(vi) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if the violation arose out of a crime

against nature with an animal.

(vii) A violation of a local ordinance substantially

House Bill No. 5062 (H-1) as amended June 11, 2014

corresponding to a violation described in subparagraphs (i) to (vi).

(viii) An attempt or conspiracy to commit an offense described

in subparagraphs (i) to (vii).

(b) "Department" means the department of state police.

maintained by the department.

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