2023 House Bill 4045 / Public Act 23

Law enforcement: background check; volunteer employee criminal history system; establish.

An act to create the volunteer employee criminal history system program; to impose a fee for conducting a national and state criminal history record information check; and to provide for the powers and duties of certain state and local governmental officers and entities.

House Fiscal Agency Analysis

House Bills 4045 and 4069 are substantively identical and would each create a new act, called the Volunteer Employee Criminal History System Act, to do all of the following: • Require the Department of State Police (MSP) to develop and administer the Volunteer Employee Criminal History System program. • Authorize certain businesses or organizations to request of MSP, and authorize MSP to conduct, a national and state criminal history record check of individuals applying for employment or to volunteer with the business or organization who have or may have access to a child, elderly individual, or individual with a disability for whom the business or organization provides care or care placement services. • Allow those businesses or organizations to require employees or volunteers to submit their fingerprints for a criminal history record check. • Allow those businesses or organizations to participate in a Rap Back program. • Allow MSP to charge a fee for conducting a criminal history record check. .

Introduced in the House

Jan. 26, 2023

Introduced by Rep. Kathy Schmaltz (R-46) and six co-sponsors

Co-sponsored by Reps. John Roth (R-104), Tom Kunse (R-100), Luke Meerman (R-89), James DeSana (R-29), Bill Schuette (R-95) and Mike Harris (R-52)

Referred to the Committee on Judiciary

March 15, 2023

Reported with substitute H-1

March 16, 2023

Substitute H-1 concurred in by voice vote

Passed in the House 96 to 7 (details)

Motion to give immediate effect by Rep. Kara Hope (D-74)

The motion prevailed by voice vote

Received in the Senate

March 21, 2023

Referred to the Committee of the Whole

March 23, 2023

Reported without amendment

April 19, 2023

Passed in the Senate 36 to 2 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

April 26, 2023