Sec. 21.
(1) When the board is authorized or required by law to consider some aspect of criminal history record check for the purpose of carrying out its statutory powers and responsibilities, the board shall require the person, even if the person is a prospective or existing employee, agent of the board, or contractor working for or on behalf of the board, to submit his or her fingerprints for review by the department of state police and the Federal Bureau of Investigation for the criminal history record check, in the form and manner required by the department of state police and the Federal Bureau of Investigation to obtain any information currently or subsequently contained in the files of the department of state police or the Federal Bureau of Investigation. The department of state police shall provide all criminal history record check requested by the board for any person, including, but not limited to, a prospective or existing employee, agent of the board, or contractor working for or on behalf of the board. The department of state police may charge the board a fee for a criminal history record check required under this section. The board is not authorized to share the criminal history record check with a private entity.
(2) The department of state police shall store and retain all fingerprints submitted under this act in an automated fingerprint identification system that provides for an automatic notification if new criminal arrest information matches fingerprints previously submitted under this act. Upon that notification, the department of state police shall immediately notify the board. The fingerprints retained under this act may be searched against future fingerprint submissions, and any relevant results will be shared with the board.
(3) When the department of state police is able to participate in the Federal Bureau of Investigation's automatic notification system, all fingerprints submitted to the Federal Bureau of Investigation may be stored and retained by the Federal Bureau of Investigation in its automatic notification system. The automatic notification system provides for automatic notification if new criminal arrest information matches fingerprints previously submitted to the Federal Bureau of Investigation under this act. If the department of state police receives a notification from the Federal Bureau of Investigation under this act, the department of state police shall immediately notify the board.
History: Add. 1997, Act 69, Imd. Eff. July 17, 1997 ;-- Am. 2019, Act 158, Imd. Eff. Dec. 20, 2019
Popular Name: Proposal E