June 16, 2005, Introduced by Senators HAMMERSTROM, BIRKHOLZ and GOSCHKA and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
(MCL 400.1 to 400.119b) 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
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.
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 punishable by not
more than $2,000.00.
(b) If the crime with which the person is charged but did not
report is any crime required to be reported by this section other
than 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 615
of the 93rd Legislature is enacted into law.