Bill Text: MI SB0220 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Law enforcement; reports; access by animal shelter to certain criminal history record information through ICHAT; allow without a fee for purposes of animal adoption. Amends sec. 3 of 1935 PA 120 (MCL 28.273).
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2016-01-28 - Referred To Committee On Judiciary [SB0220 Detail]
Download: Michigan-2015-SB0220-Engrossed.html
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.
