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HB 5023

Relating to the financial administration of the Oregon State Board of Nursing; and declaring an emergency.

2025 Regular Session

HB 5023 tightens child-care license disqualifications, adding prostitution- and sex-offense felonies to permanent/ time-bar rules, affecting applicants, staff, and households.

Chapter 401, (2025 Laws): Effective date July 1, 2025.
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Bill Summary · HB 5023

Summary — HB 5023 (2025)

Sponsor: Rep. Matt Koleszar
Subject: Amendment to child-care licensing law (1973 PA 116) — modifies criminal-history disqualification criteria, including provisions referencing prostitution offenses.
Status (as of reproduction 09/18/2025): House introduced, read first time, referred to Committee on Judiciary.

Purpose

HB 5023 amends section 5r of the Child Care Organizations Licensing Act (1973 PA 116; MCL 722.115r) to revise and expand the circumstances under which an individual is ineligible to hold a child care license, be an adult household member in a home-based child care setting, or serve as child care staff. The bill explicitly adds certain prostitution- and commercial-sex–related felonies among disqualifying offenses and clarifies other disqualifying offenses and time bars.

Key provisions

  • Refusal or false statements: An applicant is ineligible if they refuse consent to required criminal-history or central-registry checks (sec. 5q) or knowingly make material false statements or omissions in connection with those checks.
  • Database/registry discipline: An individual with a confirmed disciplinary history in state database checks (per sec. 5n(1)(a) and sec. 11(5)–(6)) may be considered ineligible.
  • Absolute disqualifications (no time limit): Individuals are ineligible if they are on a state or national sex-offender registry or have been convicted of certain felonies (or equivalents), including:
    • Murder/homicide; child abuse/neglect; crimes against minors (including child pornography); spousal abuse/domestic violence; rape/sexual assault; kidnapping; arson; assault/battery; human trafficking/involuntary servitude.
  • Other listed felonies subject to a 10‑year disqualification unless 10 years have elapsed before application: felonies involving serious bodily harm; use of firearm/dangerous weapon; cruelty/torture; major fraud/theft/larceny/embezzlement/home invasion/related offenses; vehicular OUI causing serious injury or death; computer/internet-enabled crimes; cruelty to animals; aggravated stalking/indecent exposure/pandering/transporting for prostitution/commercial sexual activity/keeping a house of ill fame; habitual-offender felonies.
  • Felony drug convictions: Disqualification for 7 years from conviction.
  • Certain misdemeanors: Disqualification for 5 years from conviction for a listed set of misdemeanors (drug possession/use near minors, computer-related crimes, certain frauds, stalking/assault/domestic-violence/weapons offenses, aiding and abetting, arson, etc.).

Who is affected

  • Applicants for child care licenses (centers, group child care homes, family child care homes)
  • Adult household members of family/group child care homes
  • Child care staff and prospective employees
  • Child care providers and licensing/enforcement agencies (administrative burden for background screening and determinations)

Procedural/timing details

  • Enacting section 1: This amendatory act takes effect 90 days after enactment into law.
  • Enacting section 2: The act does not take effect unless House Bill No. 5016 of the 103rd Legislature is enacted into law (tie-bar to HB 5016).
  • Current legislative status: Introduced and read in the House (9/18/2025), referred to Committee on Judiciary.

Notes / implications

  • The bill more explicitly lists prostitution- and commercial-sex–related felonies (pandering, transporting for prostitution, commercial sexual activity, keeping/operating a house of ill fame) among crimes that can disqualify a person from child-care roles.
  • It preserves a combination of permanent disqualifications (certain severe offenses) and graduated time bars (10, 7, and 5 years) for other convictions, which could affect rehiring and eligibility timelines for individuals with criminal histories.

Compiled from official sources — confirm details with the bill’s official record.

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