(1) Notwithstanding chapter 435, a municipality may require, by ordinance, state and
national criminal history screening for:
(a) Any position of municipal employment or appointment, whether paid, unpaid, or
contractual, which the governing body of the municipality finds is critical to security
or public safety;
(b) Any private contractor, employee of a private contractor, vendor, repair person,
or delivery person who is subject to licensing or regulation by the municipality;
(c) Any private contractor, employee of a private contractor, vendor, repair person,
for-hire chauffeur, or delivery person who has direct contact with individual members
of the public or access to any public facility or publicly operated facility in such
a manner or to such an extent that the governing body of the municipality finds that
preventing unsuitable persons from having such contact or access is critical to security
or public safety.
(2) The ordinance must require each person applying for, or continuing employment
or appointment in, any such position, applying for initial or continuing licensing
or regulation, or having such contact or access to be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state
criminal history record check and to the Federal Bureau of Investigation for a national
criminal history record check. The information obtained from the criminal history record checks conducted pursuant
to the ordinance may be used by the municipality to determine a person's eligibility
for such employment or appointment and to determine a person's eligibility for continued
employment or appointment. This section is not intended to preempt or prevent any other background screening,
including, but not limited to, criminal history background checks, that a municipality
may lawfully undertake.
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