Bill Text: MI HB4408 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Recreation; campgrounds; tents used for child camps; prohibit rules requiring smoke detectors. Amends sec. 2 of 1973 PA 116 (MCL 722.112).

Spectrum: Slight Partisan Bill (Republican 13-6)

Status: (Introduced - Dead) 2013-03-13 - Printed Bill Filed 03/13/2013 [HB4408 Detail]

Download: Michigan-2013-HB4408-Introduced.html

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HOUSE BILL No. 4408

 

March 12, 2013, Introduced by Reps. Potvin, Bumstead, Schmidt, Rendon, Goike, LaFontaine, Crawford, McBroom, Robinson, Geiss, LaVoy, Santana, Cavanagh, Howrylak, Durhal, Outman, Yonker, Foster and Genetski and referred to the Committee on Regulatory Reform.

 

     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 2 (MCL 722.112), as amended by 2006 PA 206.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The department of human services, referred to in

 

this act as the "department", is responsible for the development of

 

shall promulgate rules for the care and protection of children in

 

child care organizations, covered by this act and for the

 

promulgation of these rules pursuant to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (2) The department shall establish an ad hoc committee for

 

each type of child care organization as defined in this act when it

 

is formulating before developing or amending rules under this act.

 

The committee shall consist of not less than 12 members, and shall

 

include representatives of the following groups and agencies:

 

     (a) Department of community health.

 

     (b) Department of labor and economic growth licensing and

 

regulatory affairs, bureau of fire services, and state fire safety

 

board.

 

     (c) Department of education.

 

     (d) Representatives of organizations affected by this act.

 

     (e) Parents of children affected by this act.

 

     (3) A majority of the members appointed to the committee

 

established by under subsection (2) shall be representatives of

 

organizations affected by this act and or parents of children

 

affected by this act. The committee shall serve during the period

 

of the formulation development of rules, shall have responsibility

 

for making make recommendations on the content of rules, and shall

 

recommend to the department revisions in proposed rules at any time

 

before their promulgation.

 

     (4) The rules promulgated under this act shall be restricted

 

to the following:

 

     (a) The operation and conduct of child care organizations and

 

the responsibility of the child care organizations assume for child

 

care.

 

     (b) The character, suitability, training, and qualifications

 

of applicants and other persons directly responsible for the care

 

and welfare of children served.

 

     (c) The general financial ability and competence of applicants

 

to provide necessary care for children and to maintain prescribed

 

standards.

 

     (d) The number of individuals or staff required to insure

 

ensure adequate supervision and care of the children received.

 

     (e) The appropriateness, safety, cleanliness, and general

 

adequacy of the premises, including maintenance of adequate fire

 

prevention and health standards to provide for the physical

 

comfort, care, and well-being of the children received. However: ,

 

the

 

     (i) The rules with respect to fire prevention and fire safety

 

shall not apply to a child care center established and operated by

 

an intermediate school board, the board of a local school district,

 

or by the board or governing body of a state approved nonpublic

 

school, if the child care center is located in a school building

 

that is approved by the bureau of fire services created in section

 

1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or other

 

similar authority as provided in section 3 of 1937 PA 306, MCL

 

388.853, for school purposes and is in compliance with the new and

 

existing school, college, and university fire safety rules, R

 

29.1901 to R 29.1934 of the Michigan administrative code, as

 

determined by the bureau of fire services or a fire inspector

 

certified pursuant to section 2b of the fire prevention code, 1941

 

PA 207, MCL 29.2b.

 

     (ii) Tepees and tents, including platform tents, at a

 

children's camp shall not be required to be equipped with smoke or

 

fire detectors.

 

     (f) Provisions for food, clothing, educational opportunities,

 

programs, equipment, and individual supplies to assure ensure the

 

healthy physical, emotional, and mental development of children

 

served.

 

     (g) Provisions to safeguard the legal rights of children

 

served.

 

     (h) Maintenance of records pertaining to admission, progress,

 

health, and discharge of children.

 

     (i) Filing of reports with the department.

 

     (j) Discipline of children.

 

     (k) Transportation safety.

 

     (5) Rules once promulgated are subject to major review shall

 

be reviewed thoroughly by an ad hoc committee not less than once

 

every 5 years and shall be reviewed biennially by the department

 

biennially. The ad hoc committee shall be established by the

 

department, shall consist of not less than 12 members, and shall

 

include representatives of the groups and agencies indicated in

 

subsection (2). The ad hoc committee shall hold at least 2 public

 

hearings regarding the review of rules and shall report its

 

recommendations regarding rules to the appropriate committees of

 

the legislature.