Michigan 2023-2024 Regular Session

Michigan House Bill HB4045

Introduced
1/26/23  
Refer
1/26/23  
Report Pass
3/15/23  
Engrossed
3/16/23  
Refer
3/21/23  
Report Pass
3/23/23  
Enrolled
4/19/23  
Chaptered
4/26/23  

Caption

Law enforcement: background check; volunteer employee criminal history system; establish. Creates new act.

Impact

The implementation of HB 4045 is expected to significantly affect existing state laws regarding background checks in the care sector. By providing a structured process for organizations to access crucial criminal history information, the act aims to reduce risks associated with hiring or utilizing individuals who may pose a danger to those receiving care. This legislative change is seen as a means to bolster public trust in organizations that serve vulnerable groups by ensuring careful oversight and scrutiny of their staffing practices.

Summary

House Bill 4045 establishes the Volunteer Employee Criminal History System Program in Michigan, aimed at enhancing the criminal background check process for employees and volunteers in organizations that provide care services. This program is set to impose a fee for conducting national and state criminal history checks, ensuring that entities offering care to vulnerable populations, such as children, the elderly, and disabled individuals, can adequately vet those they employ or engage as volunteers. The act stipulates the development of application and compliance processes necessary for managing the program, emphasizing the importance of thorough and continuous background screenings.

Sentiment

Discussions surrounding the bill indicate a predominantly supportive sentiment, especially from advocates who focus on the safety and well-being of at-risk populations. Supporters argue that allowing organizations to conduct comprehensive background checks will help prevent potential abuses and neglect, thereby enhancing the overall quality of care. However, there are also concerns raised by privacy advocates regarding the implications of habitual background checks on individuals, especially regarding the potential for data misuse or overly invasive policies.

Contention

Notably, a key area of contention revolves around balancing the need for safety with the rights of individuals undergoing background checks. While the program is designed to protect vulnerable populations, there are apprehensions about the extent of monitoring and the criteria used to evaluate an individual's fitness for care roles. Critics worry that the measures could lead to unnecessary barriers for individuals with past minor offenses seeking to work or volunteer in caring positions, potentially harming their employment prospects despite their qualifications.

Companion Bills

No companion bills found.

Similar Bills

MI HB4069

Law enforcement: background check; volunteer employee criminal history system; establish. Creates new act.

CA SB531

Pupil safety: local educational agency contractors: background checks.

CA SB213

Placement of children: criminal records check.

CA SB354

Public social services.

CA AB1930

Foster care.

ND SB2051

Fingerprint criminal history record checks for certified family foster home for children providers and psychiatric residential treatment facility for children, identifying who the department of health and human services may require criminal history record checks from, and criminal history record checks for volunteers and students for field placement at child-placing agencies and children's advocacy centers.