SUMMARY OF BILL
REPORTED FROM COMMITTEE
The bill would amend the Michigan Commission on Law Enforcement Standards Act to do the following:
-- Require an individual who sought admission to a law enforcement training academy or recognition for prior basic law enforcement training for licensure under the Act to submit his or her fingerprints to the Michigan Department of State Police (MSP) for a criminal history record information check.
-- Allow the MSP to charge a fee for conducting the criminal history check.
-- Require the MSP to conduct a criminal history check on the individual described above through its records and through the FBI.
-- Require the MSP to store and retain all fingerprints submitted in an automated fingerprint system.
-- Require the MSP to forward all fingerprints submitted to it to the FBI for submission into the FBI's next generation identification system and integrated automatic fingerprint identification system.
-- Require the Michigan Commission on Law Enforcement Standards (MCOLES) to promulgate rules pertaining to the ability of an individual to be licensed and employed as a law enforcement officer without a restriction otherwise imposed by law.
The bill would have a minimal fiscal impact on State and local government. The bill would require preservice applicants to law enforcement training academies to submit their fingerprints to the Michigan Department of State Police for a criminal history check and would require the MSP to conduct a criminal records check through the FBI. The cost of each background check, which includes a search of State and Federal fingerprint databases, is $42 ($30 State fee, $12 Federal fee), and would be borne by the preservice applicants and paid to the MSP. Under current law, a law enforcement agency or vendor that takes fingerprint impressions from an individual for submission to the MSP may charge a nominal fee for doing so (often $15 or less, if anything). In addition, current law states that the fee for fingerprint processing may not exceed the actual and reasonable cost incurred by the MSP for doing so.
The bill also would require that the MSP report the results of the background checks to MCOLES, retain those records, and report to the Commission if notified by the FBI that a subsequent criminal history was generated from a set of prints, requirements that could be met with existing MSP resources.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.