SB 47-1_ Filed 03/13/2006, 21:46
Adopted 3/14/2006

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 47



Citations Affected: IC 10-13-3-36; IC 12-17.2-3.5-12.

Synopsis: Criminal background checks. Conference committee report for ESB 47. Exempts a tax-exempt church or religious organization from the fee for conducting a criminal background check on an prospective or current employee or a prospective or current volunteer who works in a nonprofit program or ministry (including a child care ministry). (This conference committee report removes provisions exempting a council of the Girl Scouts, a council of the Boy Scouts, a court appointed special advocate program, a guardian ad litem program, and a volunteer advocate for senior program from the fee for conducting a criminal background check on an employee or a volunteer.)

Effective: July 1, 2006.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 47 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 10-13-3-36; (06)CC004701.1. -->     SECTION 1. IC 10-13-3-36, AS AMENDED BY P.L.177-2005, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 36. (a) The department may not charge a fee for responding to a request for the release of a limited criminal history record if the request is made by a nonprofit organization:
        (1) that has been in existence for at least ten (10) years; and
        (2) that:
            (A) has a primary purpose of providing an individual relationship for a child with an adult volunteer if the request is made as part of a background investigation of a prospective adult volunteer for the organization;
            (B) is a home health agency licensed under IC 16-27-1;
            (C) is a community mental retardation and other developmental disabilities center (as defined in IC 12-7-2-39);
            (D) is a supervised group living facility licensed under IC 12-28-5;
            (E) is an area agency on aging designated under IC 12-10-1;
            (F) is a community action agency (as defined in IC 12-14-23-2);
            (G) is the owner or operator of a hospice program licensed under IC 16-25-3; or
            (H) is a community mental health center (as defined in

IC 12-7-2-38).
    (b) Except as provided in subsection (d), the department may not charge a fee for responding to a request for the release of a limited criminal history record made by the division of family and children or a county office of family and children if the request is made as part of a background investigation of an applicant for a license under IC 12-17.2 or IC 12-17.4.
    (c) The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made by a school corporation, special education cooperative, or nonpublic school (as defined in IC 20-18-2-12) as part of a background investigation of an a prospective or current employee or a prospective or current adult volunteer for the school corporation, special education cooperative, or nonpublic school.
    (d) As used in this subsection, "state agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of state government, including the executive and judicial branches of state government, the principal secretary of the senate, the principal clerk of the house of representatives, the executive director of the legislative services agency, a state elected official's office, or a body corporate and politic, but does not include a state educational institution (as defined in IC 20-12-0.5-1). The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made:
        (1) by a state agency; and
        (2) through the computer gateway that is administered by the office of technology established by IC 4-13.1-2-1.
    (e) The department may not charge a fee for responding to a request for the release of a limited criminal history record made by the health professions bureau Indiana professional licensing agency established by IC 25-1-5-3 if the request is:
        (1) made through the computer gateway that is administered by the office of technology; and
        (2) part of a background investigation of a practitioner or an individual who has applied for a license issued by a board (as defined in IC 25-1-9-1).
     (f) The department may not charge a church or religious society a fee for responding to a request for the release of a limited criminal history record if:
        (1) the church or religious society is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code;
        (2) the request is made as part of a background investigation of a prospective or current employee or a prospective or current adult volunteer; and
        (3) the employee or volunteer works in a nonprofit program or ministry of the church or religious society, including a child care ministry registered under IC 12-17.2-6.

SOURCE: IC 12-17.2-3.5-12; (06)CC004701.2. -->     SECTION 2. IC 12-17.2-3.5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) Except as provided in subsection (f), a provider shall, at no expense to the state,

maintain and make available to the division upon request a copy of a limited criminal history for:
        (1) the provider, if the provider is an individual;
        (2) if the provider operates a child care program in the provider's home, any individual who resides with the provider and who is:
            (A) at least eighteen (18) years of age; or
            (B) less than eighteen (18) years of age but has previously been waived from juvenile court to adult court; and
        (3) any individual who:
            (A) is employed; or
            (B) volunteers;
        as a caregiver at the facility where the provider operates a child care program.
A provider shall apply for a limited criminal history for an individual described in subdivision (3) before the individual is employed or allowed to volunteer as a caregiver.
    (b) In addition to the requirement under subsection (a), a provider shall report to the division any:
        (1) police investigations;
        (2) arrests; and
        (3) criminal convictions;
not listed on a limited criminal history obtained under subsection (a) regarding any of the persons listed in subsection (a).
    (c) A provider that meets the other eligibility requirements of this chapter is temporarily eligible to receive voucher payments until the provider receives the limited criminal history required under subsection (a) from the state police department if:
        (1) the provider:
            (A) has applied for the limited criminal history required under subsection (a); and
            (B) obtains a local criminal history for the individuals described in subsection (a) from each individual's local law enforcement agency before the individual is employed or allowed to volunteer as a caregiver; and
        (2) the local criminal history does not reveal that an individual has been convicted of a:
            (A) felony;
            (B) misdemeanor related to the health or safety of a child;
            (C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35; or
            (D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.
    (d) A provider is ineligible to receive a voucher payment if an individual for whom a limited criminal history is required under this section has been convicted of a:
        (1) felony;
        (2) misdemeanor related to the health or safety of a child;
        (3) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35; or
        (4) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35;


until the individual is dismissed from employment or volunteer service at the facility where the provider operates a child care program or no longer resides with the provider.
    (e) A provider shall maintain a written policy requiring an individual for whom a limited criminal history is required under this section to report any criminal convictions of the individual to the provider.
     (f) The state police department may not charge a church or religious society any fees or costs for responding to a request for a release of a limited criminal history record of a prospective or current employee or a prospective or current volunteer of a child care ministry registered under IC 12-17.2-6 if the conditions set forth in IC 10-13-3-36(f) are met.
    (Reference is to ESB 47 as reprinted February 24, 2006.)




Conference Committee Report

on

Engrossed Senate Bill 47



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igned by:

    ____________________________    ____________________________
    Senator HershmanRepresentative McClain
    Chairperson

    ____________________________    ____________________________
    Senator CraycraftRepresentative Kuzman

    Senate Conferees    House Conferees


CC004701/DI 107
2006