H.B. 165
         BACKGROUND CHECKS FOR CHILD CARE WORKERS

House Floor Amendments

Amendment 2 March 8, 2013 2:31 PM



Representative Johnny Anderson proposes the following amendments:

1.    Page 1, Line 12
    a.House Committee Amendments
    b.3-7-2013 :    

             12          This bill:
  . requires a child care provider to submit an employee of the provider to the division for a criminal background check, if the employee has access to a qualifying child, even if the provider is exempt from licensure;

. states that failure to conduct a criminal background check as described above is a class A misdemeanor;  


2.    Page 1, Lines 14 through 14a
    a.House Committee Amendments
    b.3-7-2013 :    

             14      individual who has resided in Utah for five years
{   H. for individuals who apply for licensure

             14a      after July 1, 2013 .H   } ; and

3.    Page 1, Line 21
    House Committee Amendments
    3-7-2013 :    

             21      AMENDS:
  26-39-403, as renumbered and amendede by Laws of Utah 2008, Chapter 111      


4.    Page 1, Lines 24 through 25
    House Committee Amendments
    3-7-2013 :    

             24      Be it enacted by the Legislature of the state of Utah:
    
  Section 1. Section 26-39-403 is amended to read:      

     26-39-403 .   Exclusions from chapter -- Criminal background checks by an excluded person.
     (1) The provisions and requirements of this chapter do not apply to:
     (a) a facility or program owned or operated by an agency of the United States government;
     (b) group counseling provided by a mental health therapist, as defined in Section 58-60-102 , who is licensed to practice in this state;

     (c) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act;
     (d) care provided to qualifying children by or in the homes of parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts;
     (e) care provided to qualifying children, in the home of the provider, for less than four hours a day or on a sporadic basis, unless that child care directly affects or is related to a business licensed in this state;
     (f) care provided to qualifying children as part of a course of study at or a program administered by an educational institution that is regulated by the boards of education of this state, a private education institution that provides education in lieu of that provided by the public education system, or by a parochial education institution;
     (g) care provided to qualifying children by a public or private institution of higher education, if the care is provided in connection with a course of study or program, relating to the education or study of children, that is provided to students of the institution of higher education;
     (h) care provided to qualifying children at a public school by an organization other than the public school, if:
     (i) the care is provided under contract with the public school or on school property; or
     (ii) the public school accepts responsibility and oversight for the care provided by the organization;
     (i) care provided to qualifying children as part of a summer camp that operates on federal land pursuant to a federal permit;
     (j) care provided by an organization that:
     (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code;
     (ii) is provided pursuant to a written agreement with:
     (A) a municipality, as defined in Section 10-1-104 , that provides oversight for the program; or
     (B) a county that provides oversight for the program; and
     (iii) is provided to children who are over the age of four and under the age of 13; or
     (k) care provided at a residential support program that is licensed by the Department of Human Services.
     (2)
  (a)       A person who is excluded, under Subsection (1), from the provisions and requirements of this chapter, shall conduct a criminal background check on all of the person's employees who have access to a qualifying child to whom care is provided by the person        , as described in Section 26-39-403, unless the person is exempt under Subsection (1)(d).

    (b) Failure to conduct a criminal background check as described in Subsection (2)(a) is a class A misdemeanor  
.

             25          Section 1. Section 26-39-404 is amended to read:

5.    Page 2, Lines 41 through 42
    a.House Committee Amendments
    b.3-7-2013 :    

             41          
{   [(i) the individual has resided in Utah for the last five years;] H. (i) the individual has

             41a
     resided in Utah for the last five years and applied for a certificate or license before
             41b      July 1, 2013; .H   }
             42          [(ii)] H. [(i)]
{   (ii)   }        (i)       .H the individual has:


6.    Page 2, Line 46
    House Committee Amendments
    3-7-2013 :    

             46          [(iii)] H. [(ii)]
{   (iii)   }        (ii)       .H as of May 3, 1999, the individual had one of the relationships

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