HB-5244, As Passed House, May 20, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5244

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

(MCL 400.1 to 400.119b) by adding section 74a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 74a. (1) Except as provided in subsection (13), when the

department enrolls an individual as an enrolled provider, the

department shall request the department of state police to perform

both of the following on that individual:

(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 individual enrolling as an enrolled provider shall

give written consent at the time of enrollment 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 individual 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 an

individual 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 individual 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 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 enrolled provider shall pay the 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 shall reimburse the enrolled

provider for the cost of the criminal history check and criminal

records check required under this section after he or she has

provided child care services as an enrolled provider for 6

consecutive months.

(7) An enrolled provider shall report to the department within

3 business days after he or she 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) An individual who violates subsection (7) is guilty of a

crime as follows:

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

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

or is a felony, the individual 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 individual violates subsection (7) and the crime

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

offense, the individual 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 enrolled provider's

records all information relating to an arraignment required to be

reported under this section if the department receives

documentation that the individual 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 12 months after the effective date of the

amendatory act that added this section, the department shall inform

all persons currently enrolled as enrolled providers and all

applicants for enrollment as enrolled providers 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 enrolls an individual as an

enrolled provider, the department shall notify the individual of

the requirement to report certain arraignments as required in this

section and the penalty for not reporting those arraignments.

(12) Not later 12 months 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

current enrolled providers.

(13) Beginning the effective date of the amendatory act that

added this section, if an individual being enrolled as an enrolled

provider has previously undergone a criminal history check and

criminal records check required under this section and has been

continuously enrolled as an enrolled provider after the criminal

history check and criminal records check have been performed, that

individual is not required to submit to another criminal history

check or criminal records check.

(14) The department of state police shall use the automated

fingerprint identification system database established under

section 5k of 1973 PA 116, MCL 722.115k, to provide for an

automatic notification at the time a subsequent criminal arrest

fingerprint card submitted into the system matches a set of

fingerprints previously submitted in accordance with this section.

Upon notification, the department of state police shall immediately

notify the department and the department shall immediately contact

the respective enrolled provider. Information in the database

established under this subsection is confidential, is not subject

to disclosure under the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246, and shall not be disclosed to any person

except for purposes of this act or for law enforcement purposes.

(15) As used in this section, "listed offense" means that term

as defined in section 2 of the sex offenders registration act, 1994

PA 295, MCL 28.722.