January 13, 2011, Introduced by Rep. LeBlanc and referred to the Committee on Judiciary.
A bill to authorize local units of government 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. (1) Notwithstanding any other provision of law to the
contrary, a local unit of government may by ordinance require the
fingerprinting of door-to-door solicitors, taxicab drivers or other
drivers for hire, or street vendors or other transient merchants,
including merchants who market their goods from motorized vehicles,
for the purpose of obtaining criminal history record information on
those individuals. Fingerprints obtained pursuant to this act may
be submitted by the local unit of government to the department of
state police for a state criminal history record check and to the
federal bureau of investigation for a national criminal history
record check.
(2) The department of state police shall serve as the sole
source for receiving fingerprint submissions from local units of
government and for receiving the responses to those fingerprint
submissions from the federal bureau of investigation. The criminal
history record information obtained by the department of state
police shall be disseminated to the local unit of government.
(3) A local unit of government may charge an individual the
appropriate fees for the state and national criminal history record
check. The appropriate fees for a state and national criminal
history record check shall be submitted by the local unit of
government to the department of state police.
(4) A local unit of government that fingerprints applicants or
licensees under this act shall develop a written fingerprint policy
and shall provide those applicants or licensees with a written
synopsis of the fingerprinting policy that describes how
fingerprints are taken, how fingerprints are controlled while in
the possession of the local unit of government, who the
fingerprints are sent to, and how the fingerprints are used.
(5) The fingerprint impression of an applicant or licensee
obtained under this act shall not be permanently retained by the
local unit of government after the completion of the criminal
history record check unless the applicant or licensee requests in
writing to the local unit of government that he or she would like
the fingerprint impression kept on file for future use.
(6) Any biometric data kept on file by the local unit of
government is exempt from disclosure under section 13(1)(d) of the
freedom of information act, 1976 PA 442, MCL 15.243.
(7) As used in this act:
(a) "Criminal history record information" means that term as
defined in section 1a of 1925 PA 289, MCL 28.241a.
(b) "Local unit of government" means a county, city, village,
township, or charter township.
Enacting section 1. This act takes effect January 1, 2012.