HB 645-FN - AS INTRODUCED
2015 SESSION
05/01
HOUSE BILL 645-FN
AN ACT relative to the licensure and regulation of child day care agencies.
SPONSORS: Rep. Piper, Graf 10; Rep. Ladd, Graf 4; Rep. Ebel, Merr 5; Rep. Irwin, Sull 9; Rep. Gile, Merr 27; Rep. Cordelli, Carr 4; Sen. Pierce, Dist 5; Sen. Stiles, Dist 24; Sen. Carson, Dist 14
COMMITTEE: Executive Departments and Administration
This bill requires any person required to be licensed as a child day care agency under RSA 170-E to comply with the chapter’s prohibition against child endangerment and the insurance disclosure requirement. The bill also establishes an enhanced criminal penalty for any person operating a child day care agency if a permanent debilitating injury or death occurs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0556
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to the licensure and regulation of child day care agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Title. This act shall be known as “Willa’s law.”
2 Child Day Care Agencies; License Required; Prohibition Against Child Endangerment. Amend RSA 170-E:4, II to read as follows:
II. No child care provider, whether licensed as a child day care agency, required to be licensed as a child day care agency under paragraph I, or exempted from licensing pursuant to RSA 170-E:3, I, shall care for a child in a manner which endangers the health, safety or welfare of the child. For purposes of this paragraph, endangerment shall mean the negligent violation of a duty of care or protection owed to such child or negligently inducing such child to engage in conduct which endangers his or her health or safety. Licensees in violation of this paragraph shall be subject to the provisions of RSA 170-E:12. Persons exempted from licensing who are in violation of this paragraph shall be enjoined by a court of competent jurisdiction in accordance with the provisions of RSA 170-E:22 from caring for such child and may be enjoined, as the court may determine, from caring for other children. Persons operating a child day care agency without a license in violation of paragraph I who engage in negligent conduct that endangers the health, safety, or welfare of the children in their care shall be subject to the criminal penalties in RSA 170-E:21 and may be enjoined from caring for children in accordance with the provisions of RSA 170-E:22.
3 Child Day Care Agencies; Insurance Disclosures. Amend RSA 170-E:6-b to read as follows:
170-E:6-b Insurance Disclosures. Every [licensed child day care agency] person required to be licensed as a child day care agency under RSA 170-E:4 and every child day care provider required to be registered under RSA 170-E:6-a shall either maintain liability insurance or provide a disclosure to parents that the facility is uninsured.
4 New Paragraph; Penalty. Amend RSA 170-E:21 by inserting after paragraph II the following new paragraph:
II-a. Any person who operates a licensed or unlicensed child day care agency in violation of RSA 170-E:4, and, as a direct result of that persons’ negligent operation, a child suffers permanent impairment to brain function, permanent paralysis, or other permanent debilitating injury, or death, shall be guilty of a class B felony.
5 Penalty; Operating Without A License. Amend RSA 170-E:21, I to read as follows:
I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I.
6 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0556
01/26/15
HB 645-FN - FISCAL NOTE
AN ACT relative to the licensure and regulation of child day care agencies.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Departments of Health and Human Services and Corrections, Judicial Branch, Judicial Council, and New Hampshire Association of Counties, who were contacted on 01/14/15. When completed, the fiscal note will be forwarded to the House Clerk's Office.