Bill Details - SB246 (2019)

SB 246-FN - AS AMENDED BY THE HOUSE

 

03/07/2019   0613s

03/21/2019   0997s

8May2019... 1746h

2019 SESSION

19-0977

05/03

 

SENATE BILL 246-FN

 

AN ACT relative to licensing of child daycare, residential care, and child-placing agencies.

 

SPONSORS: Sen. Gray, Dist 6; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill revises the state registry and criminal records check requirements for employees and others associated with residential child care agencies and child day care providers.  The bill also establishes the child care licensing fund in the department of health and human services.

 

The bill is a request of the department of health and human services.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2019   0613s

03/21/2019   0997s

8May2019... 1746h 19-0977

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to licensing of child daycare, residential care, and child-placing agencies.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Child Day Care Licensing; State Registry and Criminal Records Check; Revocation of Registration and Withholding of State Funds.  Amend RSA 170-E:7 to read as follows:

170-E:7  State Registry and Criminal Records Check; Revocation of Registration and Withholding of State Funds.  

I.  Child day care agencies and providers who are required to be licensed or registered according to the provisions of this chapter shall [, prior to the date an individual is responsible for the care of, or has regular contact with children, and upon adding new household members or other individuals who will have regular contact with children,] submit to the department[,] the names, birth names, aliases, birth dates, and resident addresses during the preceding 5 years of [such individuals] all owners, board members, household members, and center directors prior to the issuance of a permit or license, and [other information] subsequent to licensure, for all individuals as required by the department [as prescribed by] in rules adopted [by the commissioner] under RSA 541-A and in accordance with federal standards implementing the Child Care and Development Fund Program.

I-a.  The persons described in paragraph I shall complete a Federal Bureau of Investigation fingerprint check using the biometric identification system through a qualified law enforcement agency or an authorized employee of the department of safety and submit directly to the department [of safety] a criminal history [records release form] record information authorization form and any additional required forms, as provided by the New Hampshire division of state police, which [authorizes] authorize the release of the person's criminal records, if any, to the department.  [The person shall complete a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System through a qualified law enforcement agency or an authorized employee of the department of safety.  The department of safety shall complete the criminal history records check and forward such record, if any, to the department.] In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

II.(a)  For every name submitted on an application, in the registration process, and for each individual for whom information is required to be submitted pursuant to paragraph I, the department shall search for such persons against the New Hampshire sex offender and abuse and neglect registries, the National Sex Offender Registry, and the sex offender [and abuse and neglect] registries of each state where the individual resided in the past 5 years[, and the National Sex Offender Registry].  The department shall submit all forms and any payment required and provided by the individual to request from each state a check of the criminal history repository and abuse and neglect registry offices where the individual resided in the past 5 years.

(b)  The department [of safety] shall submit the criminal history record information authorization form to the New Hampshire division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation, including the National Sex Offender Registry file in the National Crime Information Center records.  Upon completion of the background investigation, the division of state police shall release copies of the criminal conviction records to the department.  The department shall maintain the confidentiality of all criminal history records information received [pursuant to this paragraph].  

(c)  The costs of criminal history record and abuse and neglect registry checks shall be borne by the child day care agency or provider; provided, that the child day care agency or provider may require an applicant to pay the actual costs of the criminal history check and abuse and neglect registry checks of the employee.

(d)  Any individual who refuses to consent to the criminal background check or knowingly makes a materially false statement in connection with such criminal background checks shall be ineligible for employment.

II-a.  An individual shall not be required to submit a request under paragraph I-a if:

(a)  In the previous 5 years, the individual submitted a state criminal records release form and fingerprints and completed a criminal records check under this section;

(b)  The individual is currently employed by a child care provider within the state, or has been separated from employment from a child care provider within the state for a period of not more than 180 consecutive days; and

(c)  The department made a determination that when the individual completed the criminal records check within the previous 5 years as described in this section, the individual was eligible for employment as provided in paragraphs III and IV.

III.  The department shall make a determination regarding the individual's eligibility for employment no later than 45 days from submission of all required information as described in paragraphs I and I-a.  If any individual whose name has been submitted for a check under this section is registered or required to be registered on a state sex offender registry or repository, or the National Sex Offender Registry, or has been convicted of a felony consisting of murder, child abuse or neglect, an offense involving child sexual abuse images, trafficking, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug-related offense committed during the previous 5 years, or any other violent or sexually-related misdemeanor against a child, including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, the department shall:

(a)  If the individual is the applicant or owner, revoke or deny the license or permit, or withhold state funds if the child day care provider is not required to be licensed.

(b)  [If the individual is a board member, household member, or child day care personnel, or any other individual having regular contact with the enrolled children] For any other individual, inform the child day care agency or registered provider that the individual is ineligible for employment and give the agency or registered provider an opportunity to take immediate corrective action to remove the individual from the agency, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall ensure that the individual will not be on the premises of the child day care program and shall have no contact with children enrolled in the child day care program.

(c)  Suspend, deny, or revoke the license or permit, and withhold state funding, if the child day care program refuses to take corrective action as indicated in subparagraph (b), or subsequently fails to comply with the corrective action plan approved by the department.

(d)  Upon a finding of criminal activity as described in this paragraph, withhold state funding to registered child day care providers that are exempt from the licensing requirements of RSA 170-E:4 if the provider refuses to take corrective action as indicated in subparagraph (b), or fails to comply with the corrective action plan approved by the department.

IV.  If any individual whose name has been submitted for this check has been convicted of a felony offense deemed directly or indirectly harmful to children in child day care, crimes against minors or adults, except crimes as provided in paragraph III, or is the subject of a founded complaint of child abuse or neglect, the department may deny, revoke, or suspend a license, permit, or registration pending the development and implementation of a corrective action plan approved by the department.  In addition, the department may, upon a finding of criminal activity or a founded complaint of child abuse or neglect as described in this paragraph, withhold state funding to registered child day care providers that are exempt from the licensing requirements of RSA 170-E:4 pending the development and implementation of a corrective action plan approved by the department.  The department shall conduct an investigation in accordance with rules adopted under this subdivision to determine whether the individual poses a present threat to the safety of children.  The investigation shall include an opportunity for the individual to present evidence on his or her behalf to show that the individual does not pose a threat to the safety of children.

IV-a.  After the department has made a determination that an individual required to complete a criminal record check under paragraph I does not pose a present threat to the safety of children, the department may issue a child care employment eligibility card, which shall be valid for 5 years provided that no disqualifying convictions are subsequently submitted, and the individual remains eligible as described in subparagraph II-a(b).  [The state may require additional background checks to be completed based upon conviction information submitted.] The department may require additional background checks to be completed based upon reliable information that the individual received one or more additional convictions subsequent to the previous criminal record check submission.  If the department receives confirmation from a law enforcement agency that an individual has been charged with a crime as described in paragraph III or IV, the department shall suspend the individual's child care employment eligibility card and inform the child day care agency or registered provider that the individual is ineligible for employment and give the agency or registered provider an opportunity to take immediate corrective action to remove the individual from the agency, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall ensure that the individual shall not be on the premises of the child day care program and shall have no contact with children enrolled in the child day care program while charges are pending.

IV-b.  Child day care providers who are required to be licensed or registered according to the provisions of this chapter shall, for every individual submitted for a check under paragraph I who is not required to complete the criminal background check pursuant to paragraph II-a, have on file a signed statement from the individual stating since the day the individual's background check was completed, that he or she:

(a)  Has not been convicted of any crimes; and

(b)  Has not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.

IV-c.  Child day care agencies or providers, whether registered or licensed, and individuals as described in paragraph I, shall complete the background check process described in this section no later than 5 years from the previous background check submission.

IV-d.  The fee for a child care employment eligibility card issued under paragraph IV-a shall be $50 and the card shall be valid for 5 years from the date of issuance, or a prorated amount of $10 per year from the most recently completed criminal background check.  A replacement card may be requested for a $15 fee.

V.  The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the confidentiality of information collected under this section and to the release, if any, of such information.

2  State Registry and Criminal Records Check for Child Care Institutions and Child Care Agencies.  Amend RSA 170-E:29-a to read as follows:

170-E:29-a  State Registry and Criminal Records Check for Child Care Institutions and Child Care Agencies.  

I.  Child care institutions and child care agencies, with the exception of foster family homes, that are required to be licensed according to the provisions of this chapter shall submit to the department the names, birth names, aliases, birth dates, and resident addresses during the previous 5 years of all owners, board members, household members, and program directors prior to the issuance of a permit or license and prior to making a final offer of employment, [to a person who will be responsible for the care of, or who will have regular contact with children, and upon adding a new household member, or other persons who will have regular contact with children, submit to the department, the names, birth names, birth dates, and addresses during the preceding 5 years of such persons and other information] for all individuals as required by the department [as prescribed by] in rules adopted [by the commissioner] under RSA 541-A and as required by federal standards implementing the Families First Prevention Services Act.

I-a.  The persons described in paragraph I shall complete a Federal Bureau of Investigation fingerprint check using the biometric identification system through a qualified law enforcement agency or an authorized employee of the department of safety and submit directly to the department [of safety] a criminal history record information authorization form and any other required forms, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any, to the department.  [The persons shall complete a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System through a qualified law enforcement agency or an authorized employee of the department of safety.  The department of safety shall complete the criminal history records check and forward such record, if any, to the department.] In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

II.(a)  For every name submitted on an application and for each person for whom information is required to be submitted pursuant to paragraph I, the department shall search for such persons against the New Hampshire sex offender and abuse and neglect registries, the sex offender and abuse and neglect registries of each state where the individual resided in the past 5 years, and the National Sex Offender Registry.  The department shall submit all forms and any required payments from the individual to request from each state a check of the abuse and neglect registry records where the individual resided in the past 5 years.

(b)  The department [of safety] shall submit the criminal history records release form to the New Hampshire division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation, including the National Sex Offender Registry file in the National Crime Information Center records.  Upon completion of the background investigation, the division of state police shall release copies of the criminal conviction records to the department.  The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph.

(c)  The costs of criminal history record and abuse and neglect registry checks shall be borne by the licensee; provided, that the licensee may require an applicant to pay the actual costs of the criminal history check and abuse and neglect registry checks of the employee.

(d)  Any individual who refuses to consent to the criminal background check or knowingly makes a materially false statement in connection with such criminal background checks shall be ineligible for employment.

III.  Notwithstanding paragraph I, a licensee may make a final offer of employment and allow a person to begin working in the program while the results of the state and national criminal background check is pending provided that, prior to beginning employment, the applicant completes a statement stating that he or she:

(a)  Does not have any felony conviction in this or any other state.

(b)  Has not been convicted of a sexual assault, assault including simple assault, any other violent crime, abuse, neglect, or any other crime that shows that they may pose a threat to well-being of children, such as a violent crime or a sexually-related crime against an adult.

(c)  Has not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation of children.

IV.  The results of the criminal background check shall be valid for 5 years.  Prior to the expiration of that 5-year period, [a person responsible for the care of, or who has regular contact with children in child care institutions or child care agencies, or household members, or other persons who will have regular contact with children,] the individuals described in paragraph I shall undergo a background check pursuant to this section.

IV-a.  If a person who is or has been employed or volunteered at a child care institution or child care agency is offered employment or volunteers at another child care institution or child care agency or a child day care agency, the person shall not be required to undergo the criminal records check described in paragraph I-a if the previous criminal records check was completed within the last 5 years as provided in paragraph IV, and the person was determined by the department to be eligible for employment.  Before entering employment or volunteering with the new agency, the person shall complete a statement as set forth in paragraph III.

V.  The department shall make a determination regarding the individual's eligibility for employment no later than 45 days from submission of all required information as described in paragraphs I and I-a.  If any person whose name has been submitted for a check under this section is registered or required to be registered on a state sex offender registry or repository, or the National Sex Offender Registry, or has been convicted of a felony consisting of murder, child abuse or neglect, an offense involving child sexual abuse images, trafficking, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug-related offense committed during the previous 5 years, or any other violent or sexually related misdemeanor or against a child, including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, the department shall:

(a)  If the person is the applicant or owner, revoke or deny the license.

(b)  If the person is a board member, household member, or child care institution or child care agency personnel, or any other person having regular contact with the enrolled children inform the child care institution or child care agency that the person is ineligible for employment and give the program an opportunity to take immediate corrective action to remove the person from the program, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall ensure that the person will not be on the premises of the child care institution or child care agency and shall have no contact with children enrolled in the child care institution or child care agency.

(c)  Suspend, deny, or revoke the license or permit if the child care institution or child care agency refuses to take corrective action as indicated in subparagraph (b), or subsequently fails to comply with the corrective action plan approved by the department.

VI.  If any person whose name has been submitted for this check has been convicted of a felony offense or violent crime deemed directly or indirectly harmful to children in child residential care, crimes against minors or adults, except crimes as provided in paragraph V, or is the subject of a founded complaint of child abuse or neglect, the department may deny, revoke, or suspend a license or permit pending the development and implementation of a corrective action plan approved by the department.  The department shall conduct an investigation in accordance with rules adopted under this subdivision to determine whether the person is ineligible for employment.  The investigation shall include an opportunity for the person to present evidence on his or her behalf to show that the person does not pose a threat to the safety of children.

VII.(a)  Once the department has made a determination that the individual required to complete a criminal record check under paragraph I-a is eligible for employment, the department shall issue a [child care] residential child care employment eligibility card, which shall be valid for 5 years provided that no disqualifying convictions are subsequently submitted, and the individual remains eligible as described in [RSA 170-E:7, II-a(b)] paragraph V.  The [state] department may require additional background checks to be completed based upon [conviction information submitted] reliable information that the individual received one or more additional convictions subsequent to the previous criminal record submission.  If the department receives confirmation from a law enforcement agency that an individual has been charged with a crime as described in paragraph III or V, the department shall suspend the individuals residential child care eligibility card and inform the agency that the individual is ineligible for employment and give the agency an opportunity to take immediate corrective action to remove the individual from the agency, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall ensure that the individual will not be on the premises of the program and shall have no contact with children enrolled in the program while charges are pending.

(b)  The fee for a residential child care employment eligibility card shall be $50, and the card shall be valid for 5 years from the date of issuance, or a prorated amount of $10 per year from the most recently completed criminal background check.  The fee for a replacement card shall be $15.  

VIII.  The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the confidentiality of information collected under this section and to the release, if any, of such information.

3  New Section; Child Day Care Licensing; State Registry and Criminal Records Check; Child Care Licensing Fund Established.  Amend RSA 170-E by inserting after section 7 the following new section:

170-E:7-a  Child Care Licensing Fund Established.  There is hereby established a nonlapsing fund to be known as the child care licensing fund, which shall be administered by the commissioner of the department of health and human services and which shall be kept distinct and separate from all other funds.  All fees for state registry and criminal records checks collected by the department pursuant to RSA 170-E:7 and RSA 170-E:29-a shall be deposited in the fund and all moneys in the fund shall be continually appropriated to the department of health and human services for the purpose of paying costs associated with administering the provisions of this chapter.

4  New Subparagraph; State Treasurer and State Accounts; Application of Receipts.  Amend RSA 6:12, I(b) by inserting after subparagraph (343) the following new subparagraph:

(344)  Moneys deposited into the child care licensing fund established in RSA 170-E:7-a.

5  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

19-0977

Amended 5/9/19

 

SB 246-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-1746h)

 

AN ACT relative to licensing of child daycare, residential care, and child-placing agencies.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Child Care Licensing Fund

 

METHODOLOGY:

This bill amends RSA 170-E by clarifying certain processes and language to align criminal background checks for child care programs with federal requirements of the Child Care and Development Fund Program.  Specifically, the bill requires background checks be submitted directly to the Department of Health and Human Services prior to being forwarded to the Department of Safety, grants the Department of Health and Human Services the authority to request additional records in certain instances, and allows the Department to suspend an individual's eligibility to work in a child care program if the individual is charged with a disqualifying crime while charges are pending.  The Department notes the above changes are necessary to comply with federal requirements and to avoid a 5 percent penalty of federal funds received through the Child Care Development Block Grant, through which the Department received approximately $10.3 million in FY 2018.  

 

The bill also allows for a prorated fee for an employment eligibility card and establishes the Child Care Licensing Fund to deposit the fees collected from state registry and criminal record checks pursuant to RSA 170-E:7 and RSA 170-E:29-a for administering the program.  The Department anticipates general funds will be offset, in part, by revenue collected from fees under the bill.

 

The Department anticipates registration card fee changes will minimally increase state revenue, stating only 5 replacement cards at a cost of $15 each were requested since January 2018 and prorated card fees have been requested, but have yet to be implemented.  It also states two additional full-time positions would be required to support the increase in workload attributed to the bill.  The following salary, benefit and other cost estimates were provided for two Program Assistant I positions at labor grade 12.  

 

2 FTE Program Assistant I

FY 2020

FY 2021

FY 2022

FY 2023

Salary

$61,000

$63,000

$66,000

$68,000

Benefits

$50,000

$53,000

$56,000

$58,000

Other

$12,000

$5,000

$5,000

$5,000

Total

$123,000

$121,000

$127,000

$131,000

 

The Department states there would be additional indeterminable expenditures for IT changes which are necessary to maintain databases and comply with federal audit requirements.

 

The Department of Safety does not anticipate any fiscal impact to expenditures and revenue as a result of the bill.

 

AGENCIES CONTACTED:

Department of Health and Human Services and Department of Safety

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Executive Departments and Administration; SJ 4
Feb. 20, 2019 Hearing: 02/20/2019, Room 101, LOB, 09:20 am; SC 11
March 7, 2019 Committee Report: Ought to Pass with Amendment # 2019-0613s, 03/07/2019; Vote 5-0; CC; SC 12
March 7, 2019 Committee Amendment # 2019-0613s, AA, VV; 03/07/2019; SJ 7
March 7, 2019 Ought to Pass with Amendment 2019-0613s, MA, VV; Refer to Finance Rule 4-5; 03/07/2019; SJ 7
March 21, 2019 Committee Report: Ought to Pass with Amendment # 2019-0997s, 03/21/2019; SC 14
March 21, 2019 Committee Amendment # 2019-0997s, AA, VV; 03/21/2019; SJ 9
March 21, 2019 Ought to Pass with Amendment 2019-0997s, MA, VV; OT3rdg; 03/21/2019; SJ 9
March 20, 2019 Introduced 03/20/2019 and referred to Children and Family Law HJ 11 P. 72
April 16, 2019 Public Hearing: 04/16/2019 10:00 am LOB 206
April 30, 2019 Executive Session: 04/30/2019 01:00 pm LOB 206
Committee Report: Ought to Pass with Amendment # 2019-1746h (Vote 15-1; RC)
May 8, 2019 Committee Report: Ought to Pass with Amendment # 2019-1746h for 05/08/2019 (Vote 15-1; RC) HC 23 P. 8
May 8, 2019 Amendment # 2019-1746h: AA VV 05/08/2019 HJ 15 P. 14
May 8, 2019 Ought to Pass with Amendment 2019-1746h: MA VV 05/08/2019 HJ 15 P. 14
May 8, 2019 Referred to Ways and Means 05/08/2019 HJ 15 P. 14
May 14, 2019 Full Committee Work Session: 05/14/2019 11:30 am LOB 202
May 28, 2019 Executive Session: 05/28/2019 10:00 am LOB 202
May 22, 2019 Full Committee Work Session: 05/22/2019 10:00 am LOB 202
May 28, 2019 Executive Session: 05/28/2019 10:00 am LOB 202
Committee Report: Ought to Pass (Vote 20-0; RC)
June 5, 2019 Committee Report: Ought to Pass for 06/05/2019 (Vote 20-0; RC) HC 27 P. 23
June 6, 2019 Ought to Pass: MA VV 06/06/2019
June 13, 2019 Without Objection, Sen. Carson Withdraws the recommendation to Concur, MA; 06/13/2019; SJ 20
June 13, 2019 Sen. Carson Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/13/2019; SJ 20
June 13, 2019 President Appoints: Senators Carson, Rosenwald, Chandley; 06/13/2019; SJ 20
June 13, 2019 House Accedes to Senate Request for CofC (Rep. Long): MA VV 06/13/2019
June 13, 2019 Speaker Appoints: Reps. Long, Berrien, Rice, French 06/13/2019
June 19, 2019 Committee of Conference Meeting: 06/19/2019, 10:10 am, Room 103, SH

Action Dates

Date Body Type
Feb. 20, 2019 Senate Hearing
March 7, 2019 Senate Floor Vote
March 21, 2019 Senate Floor Vote
April 16, 2019 House Hearing
April 30, 2019 House Exec Session
House Floor Vote
May 8, 2019 House Floor Vote
May 28, 2019 House Exec Session
May 28, 2019 House Exec Session
June 5, 2019 House Floor Vote

Bill Text Revisions

SB246 Revision: 5218 Date: Jan. 23, 2019, 4:53 p.m.
SB246 Revision: 5456 Date: March 8, 2019, 6:25 p.m.
SB246 Revision: 5639 Date: April 30, 2019, 10:38 a.m.
SB246 Revision: 5890 Date: May 15, 2019, 8:47 a.m.