SB-0220, As Passed Senate, January 28, 2016

SUBSTITUTE FOR

SENATE BILL NO. 220

     A bill to amend 1935 PA 120, entitled

"An act to prescribe a method for the fingerprinting of residents

of the state; to provide for the recording and filing of the

fingerprints by the central records division of the department of

state police; and to impose a fee,"

by amending section 3 (MCL 28.273), as amended by 2015 PA 71.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) Until October 1, 2019, 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) Until October 1, 2019, 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 fee for processing the name-based criminal

record check is charged under any other law or if the any of the

following apply:

     (a) 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.

     (b) The requestor is an animal control shelter or animal

protection shelter that is a nonprofit entity and that is

performing a name-based background check for purposes of animal

adoption checks through ICHAT. The department shall perform the

fee-waived background check solely for the person adopting the

animal.

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

in subparagraphs (i) to (vi).

     (b) "Animal adoption check" means a background check for

animal abuse offenses performed on the person who is applying to

adopt an animal.

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

     (d) "ICHAT" means the internet criminal history access tool

maintained by the department.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.