Bill Text: MI HB5391 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Transportation; other; fingerprinting of applicants or licensees in public transit system; allow. Creates new act.
Spectrum: Moderate Partisan Bill (Republican 12-2)
Status: (Passed) 2012-10-17 - Assigned Pa 341'12 [HB5391 Detail]
Download: Michigan-2011-HB5391-Introduced.html
HOUSE BILL No. 5391
February 9, 2012, Introduced by Reps. Huuki, Kowall, Somerville, Foster, Olson, Muxlow, Goike, Roy Schmidt, Liss, Glardon, Lori, Agema, Daley and Wayne Schmidt and referred to the Committee on Transportation.
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. Bus
includes a school bus as defined in section 7 of the pupil
transportation act, 1990 PA 187, MCL 257.1807.
(b) "Criminal history record information" means that term as
defined in section 1a of 1925 PA 289, MCL 28.241a.
(c) "Driver" means an individual applying for employment with
or employed by a transit service provider for the purpose of
operating a bus.
(d) "Transit service provider" means all of the following:
(i) A motor carrier of passengers as defined in section 3 of
the motor bus transportation act, 1982 PA 432, MCL 474.103.
(ii) A school or other entity that owns or operates a school
bus subject to the pupil transportation act, 1990 PA 187, MCL
257.1801 to 257.1877.
(iii) A public transportation authority formed under any of the
following:
(A) 1963 PA 55, MCL 124.351 to 124.359.
(B) The metropolitan transportation authorities act of 1967,
1967 PA 204, MCL 124.401 to 124.426.
(C) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7,
MCL 124.501 to 124.512.
(D) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
(E) 1951 PA 35, MCL 124.1 to 124.13.
(F) The public transportation authority act, 1986 PA 196, MCL
124.451 to 124.479.
(G) The nonprofit corporation act, 1982 PA 162, MCL 450.2101
to 450.3192.
(h) The revenue bond act of 1933, 1933 PA 94, MCL 141.101 to
141.140.
(i) The home rule city act, 1909 PA 279, MCL 117.1 to 117.38.
(j) The charter township act, 1947 PA 359, MCL 42.1 to 42.34.
Sec. 2. (1) Notwithstanding any other provision of law to the
contrary, a transit service provider may require the fingerprinting
of a driver for the purpose of obtaining criminal history record
information on that driver. Fingerprints obtained pursuant to this
section may be submitted by the transit service provider 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 transit service
providers 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 transit service provider.
(3) A transit service provider may charge a driver 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 transit service
provider to the department of state police.
(4) A transit service provider that fingerprints drivers under
this section shall develop a written fingerprint policy and shall
provide those drivers with a written synopsis of the fingerprinting
policy that describes how fingerprints are taken, how fingerprints
are controlled while in the possession of the transit service
provider, whom 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
transit service provider after the completion of the criminal
history record check unless the driver requests in writing to the
transit service provider that he or she would like the fingerprint
impression kept on file for future use.
(6) Any biometric 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.
