H0764B1634A03458 MSP:JMT 01/21/22 #90 A03458
AMENDMENTS TO HOUSE BILL NO. 764
Sponsor: SENATOR BAKER
Printer's No. 1634
Amend Bill, page 1, lines 7 through 9, by striking out all of
said lines and inserting
Section 1. Section 6344(m) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
Amend Bill, page 1, lines 13 through 18; pages 2 and 3, lines
1 through 30; page 4, lines 1 through 23; by striking out all of
said lines on said pages and inserting
(m) Provisional employees for limited periods.--The
following shall apply to provisional employees:
(1) Employers, administrators, supervisors or other
persons responsible for employment decisions, except for a
child-care institution, a prospective adoptive parent or a
prospective foster parent may [not] employ [applicants] an
applicant on a provisional basis[, except that the department
is authorized to grant a waiver of this provision upon
request from a child day-care center, group day-care home or
family child-care home. If a child day-care center, group
day-care home or family child-care home is granted a waiver,
an applicant may be employed on a provisional basis] for a
single period not to exceed 45 days, if all of the following
conditions are met:
[(1)] (i) The applicant has applied for the
information required under subsection (b) and the
applicant provides a copy of the appropriate completed
request forms to the employer, administrator, supervisor
or other person responsible for employment decisions.
[(2)] (ii) The employer, administrator, supervisor
or other person responsible for employment decisions has
no knowledge of information pertaining to the applicant
which would disqualify him from employment pursuant to
subsection (c).
[(3)] (iii) The applicant swears or affirms in
writing that he is not disqualified from employment
pursuant to subsection (c) or has not been convicted of
an offense similar in nature to those crimes listed in
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subsection (c) under the laws or former laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth
of Puerto Rico or a foreign nation, or under a former law
of this Commonwealth.
[(3.1) A child day-care center, group day-care home or
family child-care home received the result of the report of
the criminal history record information under subsection (b)
(1) or (3).
(4)] (iv) If the information obtained pursuant to
subsection (b) reveals that the applicant is disqualified
from employment pursuant to subsection (c), the applicant
shall be immediately dismissed by the employer,
administrator, supervisor or other person responsible for
employment decisions.
[(5)] (v) The employer, administrator, supervisor or
other person responsible for employment decisions
requires that the applicant not be permitted to work
alone with children and that the applicant work in the
immediate vicinity of a permanent employee.
(vi) The applicant received the results of the
information required under subsection (b)(2) and either
subsection (b)(1) or (b)(3) and submitted the results to
the employer, administrator, supervisor or other person
responsible for employment decisions.
(2) For the purposes of this subsection, the term
"child-care institution" shall mean a child-care institution
as defined in 42 U.S.C. ยง 672(c)(2)(A) (relating to foster
care maintenance payments program) on the effective date of
this paragraph.
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