H0158B0692A05574 BIL:CMD 01/19/16 #90 A05574
AMENDMENTS TO HOUSE BILL NO. 158
Sponsor: SENATOR SMUCKER
Printer's No. 692
Amend Bill, page 1, line 5, by inserting after "thereto," "
in preliminary provisions, further providing for criminal
history of employees and prospective employees and conviction
of certain offenses; and,
Amend Bill, page 1, lines 9 through 11, by striking out all
of said lines and inserting
Section 1. Section 111(b) and (c.1) of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
amended or added July 9, 2008 (P.L.846, No.61), are amended and
the section is amended by adding subsections to read:
Section 111. Criminal History of Employes and Prospective
Employes; Conviction of Certain Offenses.--
* * *
(b) Administrators of public and private schools,
intermediate units and area vocational-technical schools shall
require prospective employes to submit with their employment
application, pursuant to 18 Pa.C.S. Ch.91 (relating to criminal
history record information), a report of criminal history record
information from the Pennsylvania State Police or a statement
from the Pennsylvania State Police that the State Police central
repository contains no such information relating to that person.
Such report of criminal history record information shall be no
more than [one (1) year] five (5) years old. An applicant may
submit a copy of the required information with the application
for employment. Administrators shall maintain a copy of the
required information. Administrators shall require contractors
to produce a report of criminal history record information for
each prospective employe of such contractor prior to employment.
A copy of the report of criminal history record information from
the Pennsylvania State Police shall be made available to the
applicant in a manner prescribed by the Department of Education.
(c.1) Beginning April 1, 2007, administrators shall maintain
on file with the application for employment a copy of the
Federal criminal history record in a manner prescribed by the
Department of Education. At a minimum, the Department of
Education shall prescribe a method for applicants to submit a
set of fingerprints to be transmitted to the Federal Bureau of
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Investigation for Federal criminal history record information
pursuant to the applicable Federal law. The Federal criminal
history record information report shall be no more than [one (1)
year] five (5) years old. Administrators shall maintain a copy
of the required information and shall require each applicant to
secure a Federal criminal history record information report that
may not be more than [one (1) year] five (5) years old at the
time of employment. A copy of the Federal criminal history
record information report shall be made available to the
applicant in a manner prescribed by the Department of Education.
* * *
(c.3) In accordance with 23 Pa.C.S. § 6344.4 (relating to
recertification), administrators shall require the persons
subject to this section to obtain the reports described in
subsections (b) and (c.1) and under 23 Pa.C.S. § 6344(b)(2)
(relating to employees having contact with children; adoptive
and foster parents) on a renewed basis every sixty (60) months.
Any person subject to this section who has previously not been
required to obtain the reports required by subsections (b) and
(c.1) and under 23 Pa.C.S. § 6344(b)(2) on account of service
prior to April 1, 2007, shall be required to obtain such reports
no later than December 31, 2015. The administrator shall review
the reports and determine if the reports disclose information
that may require further action. The administrator shall
maintain a copy of the required reports.
(c.4) To the extent permitted by 23 Pa.C.S. § 6344.3(f)
(relating to continued employment or participation in program,
activity or service), an administrator may accept the reports
identified in 23 Pa.C.S. § 6344(b)(1) and (3) obtained for
employment requirements pursuant to 23 Pa.C.S. § 6344 in
satisfaction of the requirements of subsections (b) and (c.1),
provided the reports are not more than sixty (60) months old and
the applicant provides the administrator with the report
described in subsection (j)(1) indicating that the individual
has not been disqualified from employment pursuant to subsection
(e) or (f.1). The applicant shall also provide an attestation
that the applicant has not been disqualified for employment
under 23 Pa.C.S. § 6344(c)(1). The administrator shall review
the reports and determine if the reports disclose information
that may require further action and shall maintain a copy of the
required reports.
* * *
Section 2. The act is amended by adding a section to read:
Amend Bill, page 4, by inserting between lines 17 and 18
Section 3. The amendment or addition of section 111(b),
(c.1), (c.3) and (c.4) of the act shall be retroactive to
December 31, 2015.
Amend Bill, page 4, line 18, by striking out "2" and
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inserting
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Amend Bill, page 4, line 18, by striking out "in 60 days."
and inserting
as follows:
(1) The addition of section 1505 of the act shall take
effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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See A05574 in
the context
of HB0158