SB-0614, As Passed Senate, June 30, 2005

SUBSTITUTE FOR

SENATE BILL NO. 614

     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 5d and 5e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5d. (1) Before a child care center or day care center

makes an offer of employment to a person or allows a person to

regularly and continuously work under contract at the child care

center or day care center, the child care center or day care center

shall perform a background check on that person using the

department of state police's internet criminal history access tool

(ICHAT).

     (2) If a search of ICHAT reveals that the person described in

Senate Bill No. 614 as amended June 29, 2005

subsection (1) has been convicted of a listed offense, the child

care center or day care center shall not make an offer of

employment to that person or allow that person to regularly and

continuously work under contract at the child care center or day

care center.

     <<(3) NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, THE CHILD CARE CENTER OR DAY CARE CENTER SHALL CONDUCT A CRIMINAL HISTORY CHECK ON ALL CURRENT EMPLOYEES USING THE DEPARTMENT OF STATE POLICE'S ICHAT.>>

     Sec. 5e. (1) An employee of a child care center or day care

center shall report to that child care center or day care center

within 7 days after he or she has been charged with a crime listed

in section 1535a of the revised school code, 1976 PA 451, MCL

380.1535a.

     (2) If a person described in subsection (1) does not report to

the child care center or day care center as required in this

section, that person is guilty of either of the following:

     (a) If the crime with which the person is charged but did not

report is a felony, that 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.

     (b) If the crime with which the person is charged but did not

report is a misdemeanor, that 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.

     <<(3) A CHILD CARE CENTER OR DAY CARE CENTER SHALL DELETE FROM THE EMPLOYEE'S RECORDS ALL INFORMATION RELATING TO A CHARGE REQUIRED TO BE REPORTED UNDER SUBSECTION (1) IF IT RECEIVES DOCUMENTATION OF EITHER OF THE FOLLOWING:

     (A) THE PERSON HAS BEEN ACQUITTED OF A CHARGE HE OR SHE WAS REQUIRED TO REPORT UNDER SUBSECTION (1).

     (B) A CHARGE REPORTED UNDER SUBSECTION (1) HAS BEEN DISMISSED AGAINST THE PERSON UNDER SUBSECTION (1) TO REPORT THAT CHARGE.>>

     <<(4) NOT LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.  A CHILD CARE CENTER OR DAY CARE CENTER SHALL INFORM ALL CURRENT EMPLOYEES AND ALL PERSONS WHO WORK REGULARLY AND CONTINUOUSLY UNDER CONTRACT AT THE CHILD CARE CENTER OR DAY CARE CENTER OF THE REQUIREMENT TO REPORT CERTAIN CHARGES AS REQUIRED IN

Senate Bill No. 614 as amended June 29, 2005

THIS SECTION AND THE PENALTY FOR NOT REPORTING THOSE CHARGES.

     (5) AT THE TIME A CHILD CARE CENTER OR DAY CARE CENTER MAKES AN OFFER OF EMPLOYMENT TO A PERSON OR ALLOWS A PERSON TO REGULARLY AND CONTINUOUSLY WORK UNDER CONTRACT AT THE CHILD CARE CENTER OR DAY CARE CENTER, THE CHILD CARE CENTER OR DAY CARE CENTER SHALL NOTIFY THAT PERSON OF THE REQUIREMENT TO REPORT CERTAIN CHARGES AS REQUIRED IN THIS SECTION AND THE PENALTY FOR NOT REPORTING THOSE CHARGES.>>

     Enacting section 1.  This amendatory act does not take effect

unless Senate Bill No. 615 of the 93rd Legislature is enacted into

law.