House of Representatives State of Utah




         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL

Figure

Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029         January 22, 2008

Mr. Speaker:

    The Workforce Services and Community and Economic Development Committee reports a favorable recommendation on H.B. 73, CHILD CARE PROVIDERS, by Representative K. Morgan, et al, with the following amendments:

1. Page 1, Lines 20 through 22

             20              .    child care providers who are not required by current law to undergo a check
             21      through the Department of Health, Bureau of

  Child Care       Licensing, and are not a license

             22      exempt child care center or program; and

2. Page 2, Lines 39 through 41

             39          .    allows

{   three designated   } individuals      {   within   }        designated by       the Department of Workforce Services        and approved by the Department of Human Services       to

             40      have access to the Division of Family and Child Services' Licensing Information
             41      System for the purpose of checking the background of child care providers.

3. Page 3, Lines 59 through 60

             59          (b) is not required to undergo a criminal background check with the Department of
             60      Health, Bureau of

  Child Care       Licensing;


4. Page 3, Lines 76 through 82

             76          (c) The Utah Division of Criminal Investigation and Technical Services shall

{   :

             77          (i) (A) process the information required under Subsection (2)(a); or
             78          (B) allow the department or its representative access to the division's data base to
             79      determine whether the individual has been convicted of a crime; and
             80          (ii) submit an individual's set of fingerprints required under Subsection (2)(a) to the
             81      U.S. Federal Bureau of Investigation for a national criminal history background check of the
             82      individual.  
}
  process and conduct background checks on all individuals as requested by the department, including submitting the fingerprints to the U.S. Federal Bureau of Investigation for a

national criminal history background check of the individual.


    (d) If the department waives the fingerprint requirement under Subsection (2)(b), the Utah Division of Criminal Investigation and Technical Services may allow the department or its representative access to the division's data base to determine whether the individual has been convicted of a crime.  


4. Page 3, Lines 83 through 84

             83          

{   (d)   }        (e)       The child care provider shall pay the cost of the history background check provided

             84      under Subsection (2)(c).

5. Page 4, Lines 90 through 91

             90          (c) The department

  or its representative       shall access juvenile court records to determine whether an

             91      individual described in Subsection (2) or (3)(a) has been adjudicated in juvenile court of

6. Page 4, Lines 114 through 116

             114          (b) In accordance with criteria established by rule, the executive director

  or the director's designee       may consider

             115      and exempt individual cases
{   involving misdemeanors   } , not otherwise exempt under Subsection

             116      (5)(a), from the restrictions of Subsection (4).

7. Page 8, Lines 243 through 244

             243          (iii)

{   two   } persons designated by      {   and within   } the Department of Health        and approved by the Department of Human Services       , only for the

             244      following purposes:

9. Page 9, Lines 249 through 250

             249          (iv)

{   three   } persons designated by      {   and within   } the Department of Workforce Services        and approved by the Department of Human Services       for

             250      the purpose of qualifying child care providers under Section 35A-3-310.5 ; and


10. Page 9, Lines 252 through 254

             252          (5) The

{   two   } persons designated by the Department of Health under Subsection

             253      (4)(c)(iii) and the
{   three   } persons designated by the Department of Workforce Services under

             254      Subsection (4)(c)(iv) shall adopt measures to:

11. Page 9, Lines 258 through 259

             258          (6) All persons designated by statute as having access to information contained in the
             259      Licensing Information System shall

  be approved by the Department of Human Services and       receive training from the department with respect to:


    Respectfully,

    Steven R. Mascaro
    Committee Chair

Voting: 5-0-3
3 HB0073.HC1.wpd 1/22/08 8:18 am ahunsaker/ALH JLW/ALH


Bill Number
Action Class
Action Code

*HB0073*
*H*
*HCRAMD*

HB0073
H
HCRAMD