PRINTER'S NO. 946
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
846
Session of
2019
INTRODUCED BY MURT, NEILSON, KINSEY, CIRESI AND HILL-EVANS,
MARCH 14, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 14, 2019
AN ACT
Amending the act of October 24, 2012 (P.L.1209, No.151),
entitled "An act regulating child labor; conferring powers
and duties on the Department of Labor and Industry and the
Department of Education; imposing penalties; and making a
repeal," further providing for employment of minors in a
performance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(l) of the act of October 24, 2012
(P.L.1209, No.151), known as the Child Labor Act, is amended and
the section is amended by adding a subsection to read:
Section 5. Employment of minors in a performance.
* * *
(k.1) Background checks for individuals working with minors
in a performance.--
(1) Prior to the commencement of employment or volunteer
service in a performance in which a minor is employed, an
individual who is 18 years of age or older shall be required
to submit the following information to an employer,
administrator, supervisor or other person responsible for
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employment decisions or involved in the selection of
volunteers:
(i) Under 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 individual. The criminal
history record information shall be limited to that which
is disseminated under 18 Pa.C.S. § 9121(b)(2) (relating
to general regulations).
(ii) A certification from the department as to
whether the individual is named in the Statewide database
as the alleged perpetrator in a pending child abuse
investigation or as the perpetrator of a founded report
or an indicated report.
(iii) A report of Federal criminal history record
information. The individual shall submit a full set of
fingerprints to the Pennsylvania State Police for the
purpose of a record check, and the Pennsylvania State
Police or its authorized agent shall submit the
fingerprints to the Federal Bureau of Investigation for
the purpose of verifying the identity of the individual
and obtaining a current record of any criminal arrests
and convictions.
(2) The employer, administrator, supervisor or other
person responsible for employment decisions or involved in
the selection of volunteers shall maintain a copy of the
required information and require the individual to produce
the original documents under paragraph (1) prior to the
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commencement of employment or service.
(3) An employer, administrator, supervisor or other
person responsible for employment decisions or involved in
the selection of volunteers that intentionally fails to
require an individual to submit the required documentation
prior to the individual commencing employment or service
commits a misdemeanor of the third degree.
(4) The following shall apply:
(i) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire
or select an individual if the department has verified
that the individual is named in the Statewide database as
the perpetrator of a founded report committed within the
five-year period immediately preceding verification
pursuant to this subsection.
(ii) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire
or select an individual if the individual's criminal
history record information indicates that the individual
has been convicted of one or more of the following
offenses under 18 Pa.C.S. (relating to crimes and
offenses) or an equivalent crime under Federal law or the
law of another state:
(A) An offense under Chapter 25 (relating to
criminal homicide).
(B) An offense under section 2702 (relating to
aggravated assault).
(C) An offense under section 2709.1 (relating to
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stalking).
(D) An offense under section 2901 (relating to
kidnapping).
(E) An offense under section 2902 (relating to
unlawful restraint).
(F) An offense under section 3121 (relating to
rape).
(G) An offense under section 3122.1 (relating to
statutory sexual assault).
(H) An offense under section 3123 (relating to
involuntary deviate sexual intercourse).
(I) An offense under section 3124.1 (relating to
sexual assault).
(J) An offense under section 3125 (relating to
aggravated indecent assault).
(K) An offense under section 3126 (relating to
indecent assault).
(L) An offense under section 3127 (relating to
indecent exposure).
(M) An offense under section 4302 (relating to
incest).
(N) An offense under section 4303 (relating to
concealing death of child).
(O) An offense under section 4304 (relating to
endangering welfare of children).
(P) An offense under section 4305 (relating to
dealing in infant children).
(Q) A felony offense under section 5902(b)
(relating to prostitution and related offenses).
(R) An offense under section 5903(c) or (d)
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(relating to obscene and other sexual materials and
performances).
(S) An offense under section 6301 (relating to
corruption of minors).
(T) An offense under section 6312 (relating to
sexual abuse of children).
(U) The attempt, solicitation or conspiracy to
commit any of the offenses set forth under this
subparagraph.
(iii) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire
or select an individual if the individual's criminal
history record information indicates that the individual
has been convicted of a felony offense under the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, committed
within the five-year period immediately preceding
verification under this subsection.
(5) If the information obtained under paragraph (1)
reveals that the individual is disqualified from employment
or volunteering under paragraph (4), the individual shall be
immediately dismissed.
(6) The department shall promulgate the regulations
necessary to carry out this subsection. These regulations
shall specify:
(i) Criteria for unsuitability for employment or
service working directly with a minor in a performance in
relation to criminal history record information which may
include criminal history record information in addition
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to that set forth in this subsection. The criteria shall
be reasonably related to the prevention of child abuse.
(ii) Sanctions for employers, administrators,
supervisors or other persons responsible for employment
decisions or involved in the selection of volunteers that
willfully hire or select individuals in violation of this
subsection or in violation of the regulations promulgated
under this subsection.
(7) The department may charge a fee not to exceed $8 in
order to conduct the certification as required in paragraph
(1)(ii).
(8) Payment of the fee authorized under paragraph (7)
may be made by an individual or organization by check, money
order, credit card or debit card.
(9) The department shall comply with certification
requests no later than 14 days from the receipt of the
request.
(10) Notwithstanding paragraph (1), employers,
administrators, supervisors or other persons responsible for
employment decisions or involved in the selection of
volunteers may employ or select individuals on a provisional
basis for a single period not to exceed 90 days, if all of
the following conditions are met:
(i) The individual has applied for the information
required under paragraph (1) and the individual provides
a copy of the appropriate completed request forms to the
employer, administrator, supervisor or other person
responsible for employment decisions or involved in the
selection of volunteers.
(ii) The employer, administrator, supervisor or
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other person responsible for employment decisions or
involved in the selection of volunteers has no knowledge
of information pertaining to the individual which would
disqualify the individual from employment under paragraph
(4).
(iii) The individual swears or affirms in writing
that the individual is not disqualified from employment
or volunteering under paragraph (4) or has not been
convicted of an offense similar in nature to those crimes
listed in paragraph (4) 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.
(iv) If the information obtained under paragraph (1)
reveals that the individual is disqualified from
employment or volunteering under paragraph (4), the
individual shall be immediately dismissed by the
employer, administrator, supervisor or other person
responsible for employment decisions or involved in the
selection of volunteers.
(v) The employer, administrator, supervisor or other
person responsible for employment decisions or involved
in the selection of volunteers requires that the
individual not be permitted to work alone with children
and that the individual work in the immediate vicinity of
a permanent employee.
(11) The information provided and compiled under this
subsection, including, but not limited to, the names,
addresses and telephone numbers of individuals, shall be
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confidential and shall not be subject to the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. This
information shall not be released except as permitted by the
department through regulation.
(12) An employer, administrator, supervisor or other
person responsible for employment decisions or involved in
the selection of volunteers may not hire or select an
individual if the individual is 18 years of age or older and
meets either of the following:
(i) is named in the Statewide database as the
perpetrator of a founded report committed within the
five-year period immediately preceding verification under
this subsection; or
(ii) has been found guilty of an offense listed in
paragraph (4).
(l) Applicability.--This section, except for subsection
(k.1), does not apply to a minor who:
(1) is a high school graduate; or
(2) is exempt from compulsory school attendance
requirements under section 1330(1) of the Public School Code
of 1949.
Section 2. This act shall take effect immediately.
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