Michigan Laws 15.653 – Safeguards for protecting federal tax information; current and prospective employees; criminal history check; results exempt from disclosure; exceptions
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Terms Used In Michigan Laws 15.653
- Agency: means a department of this state or a local department or agency, including public departments or agencies in a county, city, village, or township that in the course of conducting its business has or maintains access to federal information databases. See Michigan Laws 15.652
- Contract: A legal written agreement that becomes binding when signed.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Each agency in this state that determines it must do so to comply with publication 1075 shall develop a written policy that ensures that its current and prospective employees who may have access to federal information databases in the course of his or her employment undergo the fingerprint-based criminal history check required by publication 1075.
(2) Except as otherwise provided in subsections (3), (4), and (5), the results of a criminal history check conducted under this act are confidential and are not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) The results of a fingerprint-based criminal history check may be provided to the Internal Revenue Service or other federal governmental entity as required by federal regulation or law.
(4) The results of a fingerprint-based criminal history check conducted under this act may only be provided to an agency and must not be shared with a vendor or contractor providing employees to an agency under a contract between a vendor or contractor and an agency. However, the results may be shared between a requesting agency and another agency in this state.
(5) In circumstances in which the civil service manages human resource functions for an agency under an executive order, the results of a fingerprint-based criminal history check may be shared between the agency and the civil service staff providing human resource services to the agency.