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SB-0615, As Passed House, August 31, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 615

A bill to amend 1973 PA 116, entitled

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

(MCL 722.111 to 722.128) by adding sections 5f and 5g.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5f. (1) When a person applies for or to renew a

certificate of registration to operate a family day care home or a

license to operate a group day care home under section 5, the

department shall request the department of state police to perform

both of the following on that person:

(a) Conduct a criminal history check on the person.

(b) Conduct a criminal records check through the federal

bureau of investigation on the person.

(2) Each person applying for a certificate of registration to

operate a family day care home or a license to operate a group day

care home shall give written consent at the time of application for

the department of state police to conduct a criminal history check

and a criminal records check required under this section. The

department shall require the person to submit his or her

fingerprints to the department of state police for the criminal

history check and criminal records check described in subsection

(1).

(3) The department shall request a criminal history check and

criminal records check required under this section on a form and in

the manner prescribed by the department of state police.

(4) Within a reasonable time after receiving a complete

request by the department for a criminal history check on a person

under this section, the department of state police shall conduct

the criminal history check and provide a report of the results to

the department. The report shall contain any criminal history

record information on the person maintained by the department of

state police.

(5) Within a reasonable time after receiving a proper request

by the department for a criminal records check on a person under

this section, the department of state police shall initiate the

criminal records check. After receiving the results of the criminal

records check from the federal bureau of investigation, the

department of state police shall provide a report of the results to

the department.

(6) The department of state police may charge the department a

fee for a criminal history check or a criminal records check

required under this section that does not exceed the actual and

reasonable cost of conducting the check. The department may pass

along to the registrant, licensee, or applicant the actual cost or

fee charged by the department of state police for performing a

criminal history check or a criminal records check required under

this section.

(7) A person to whom a certificate of registration or license

has been issued under this act shall report to the department

within 3 business days after he or she has been arraigned for 1 or

more of the following crimes and within 3 business days after he or

she knows or should reasonably know that an employee or a person

over 18 years of age residing in the home has been arraigned for 1

or more of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to

commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 145a, 335a, or 359 of

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

MCL 750.81, 750.81a, and 750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(8) A person who violates subsection (7) is guilty of a crime

as follows:

(a) If the person violates subsection (7) and the crime

involved in the violation is a misdemeanor that is a listed offense

or is a felony, the person is guilty of a felony punishable by

imprisonment for not more than 2 years or a fine of not more than

$2,000.00, or both.

(b) If the person violates subsection (7) and the crime

involved in the violation is a misdemeanor that is not a listed

offense, the person is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$1,000.00, or both.

(9) The department shall delete from the registrant's or

licensee's records all information relating to an arraignment

required to be reported under this section if the department

receives documentation that the person arraigned for the crime is

subsequently not convicted of any crime after the completion of

judicial proceedings resulting from that arraignment.

(10) Not later than 30 days after the effective date of the

amendatory act that added this section, the department shall inform

all persons currently issued a certificate of registration or

license and all applicants for a certificate of registration or

license of the requirement to report certain arraignments as

required in this section and the penalty for not reporting those

arraignments.

(11) At the time the department issues a certificate of

registration to operate a family day care home or a license to

operate a group day care home under this act, the department shall

notify the registrant or licensee of the requirement to report

certain arraignments as required in this section and the penalty

for not reporting those arraignments.

(12) Not later than 1 year after the effective date of the

amendatory act that added this section, the department shall

conduct a criminal history check and criminal records check on all

persons currently issued a certificate of registration under this

act to operate a family day care home or a license under this act

to operate a group day care home.

Sec. 5g. (1) When a person applies for a certificate of

registration to operate a family day care home or a license to

operate a group day care home under section 5, the department shall

perform a criminal history check using the department of state

police's internet criminal history access tool (ICHAT) on all

persons over 18 years of age residing in the home in which the

family day care home or group day care home is operated. This

section does not apply to a person residing in the home for a

period of not more than 14 days.

(2) Not later than 1 year after the effective date of the

amendatory act that added this section, the department shall

perform an ICHAT check on all persons over 18 years of age residing

in the home in which a family day care home or group day care home

is currently operated.

(3) If a search of ICHAT reveals that a person over 18 years

of age residing in the home has been convicted of a listed offense,

the department shall not issue a certificate of registration or

license to the applicant, shall not renew a certificate of

registration to the registrant or license to the licensee applying

for renewal, or shall revoke a current registrant's certificate of

registration or current licensee's license.

Enacting section 1. This amendatory act takes effect January

1, 2006.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4936 of the 93rd Legislature is enacted into

law.