SB-0746, As Passed House, December 15, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 746

     A bill to amend 1973 PA 116, entitled

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

by amending section 15 (MCL 722.125), as amended by 1993 PA 218.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 15. (1) A Except as provided in subsection (2), a person,

child care organization, agency, or representative or officer of a

firm, corporation, association, or organization who violates this

act is guilty of a misdemeanor , punishable by the following:

     (a) A fine of not less than $100.00 or more than $1,000.00 for

a violation of section 3b, 3c, or 3d.

     (b) For a violation not described in either subdivision (a) or

subsection (2), a fine of not less than $100.00 or more than

$1,000.00, or imprisonment for not more than 90 days, or both.

     (2) If a person, family child care home, group child care

home, agency, or representative or officer of a firm, corporation,

association, or organization intentionally violates a licensing

rule for family and group child care homes promulgated under this

act and in effect on January 1, 2017, and that violation causes the

death of a child, the person, family child care home, group child

care home, agency, or representative or officer of a firm,

corporation, association, or organization is guilty of second

degree child abuse described in section 136b of the Michigan penal

code, 1931 PA 328, MCL 750.136b, and punishable as provided in that

section. In addition to any other penalty imposed, its license or

certificate of registration shall be permanently revoked.

(3) (2) If a person, child care organization, agency, or

representative or officer of a firm, corporation, association, or

organization is convicted under this act, the conviction is

sufficient ground for the revocation of its license or certificate

of registration, and the person, child care organization, agency,

or representative or officer of a firm, corporation, association,

or organization convicted shall not be granted a license or

certificate of registration, or be permitted to be connected,

directly or indirectly, with a licensee or a registrant for a

period of not less than 2 years after the conviction, except as

provided in subsection (2).

(4) (3) A person, child care organization, agency, or

representative or officer of a firm, corporation, association, or

organization who has a license or certificate of registration

revoked, application denied, or renewal refused, may be refused a

license or certificate of registration, or be prohibited from being

connected, directly or indirectly, with a licensee or a registrant

for a period of not less than 2 years after the revocation, denial,

or refusal to renew.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 747 of the 98th Legislature is enacted into

law.