SB 1239 Child day programs; exemptions from licensure, certification of preschool or nursery school program.
Emmett W. Hanger, Jr. | all patrons    ...    notes
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Summary as passed: (all summaries)

Child day programs; exemptions from licensure. Repeals requirements that child day centers operated by religious institutions must comply with in order to be exempt from licensure, including the requirements that such child day centers (i) be inspected by the local health department and fire marshal for basic health and safety requirements; (ii) abide by specified staff-to-child ratios; (iii) are staffed by persons who are at least 16 years of age and are supervised if less than 18 years of age; (iv) require staff members in supervisory positions to be certified by a physician to be free from any disability that would prevent them from caring for children; (v) provide certain disclosures to parents and the general public; and (vi) establish and implement procedures for hand washing, intake and dismissal, daily health screenings and exclusion of sick children, ensuring children are in compliance with immunization requirements, keeping the premises free of obvious injury hazards, and ensuring that all staff members are able to recognize signs of child abuse and neglect. The bill also removes certain programs from the list of child day programs exempt from licensure and clarifies that such programs are not considered child day programs and therefore are not subject to licensure. The bill also modifies the terms of certain child day programs that remain listed as exempt from licensure, including religious-exempt programs, and requires that such programs (a) file with the Commissioner of Social Services (the Commissioner) a statement indicating the intent to operate a child day program, identifying the Code provision relied upon for exemption from licensure, and certifying that the program has disclosed to all the parents the fact that it is exempt from licensure; (b) report all incidents involving serious injury to or death of children attending the program; (c) have a person trained and certified in first aid and cardiopulmonary resuscitation (CPR) present; (d) comply with background check requirements; (e) maintain daily attendance records; (f) have an emergency preparedness plan in place; (g) comply with all applicable laws governing transportation of children; (h) comply with certain safe sleep practices for infants; and (i) post in a visible location notice that the program is exempt from licensure. The bill adds to the list of child day programs exempt from licensure programs offered by local school divisions, operated for no more than four hours per day, staffed by local school division employees, and attended by school-age children who are enrolled in public school within such school division. The bill directs the Commissioner to establish a process to inspect child day programs exempt from licensure and a process to gather and track aggregate data regarding child injuries and deaths that occur at such child day programs. The bill has a delayed effective date of July 1, 2018, except for the provisions related to religious-exempt child day programs and certain directives to the Commissioner, which shall become effective July 1, 2017.

Full text:
01/10/17  Senate: Prefiled and ordered printed; offered 01/11/17 17101850D  pdf | impact statement
01/27/17  Senate: Committee substitute printed 17104579D-S1  pdf | impact statement
02/14/17  House: Committee substitute printed 17105464D-H1  pdf | impact statement
02/25/17  Senate: Conference substitute printed 17105839D-S2  pdf | impact statement
03/07/17  Senate: Bill text as passed Senate and House (SB1239ER)  pdf | impact statement
03/24/17  Senate: Governor's substitute printed 17105984D-S3  pdf

Amendments:
House amendments
House amendments engrossed
Conference amendments
Governor's recommendation
Governor's veto explanation

Status:
01/10/17  Senate: Prefiled and ordered printed; offered 01/11/17 17101850D
01/10/17  Senate: Referred to Committee on Rehabilitation and Social Services
01/27/17  Senate: Committee substitute printed 17104579D-S1
01/27/17  Senate: Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)
01/27/17  Senate: Rereferred to Finance
02/01/17  Senate: Reported from Finance (14-Y 2-N)
02/02/17  Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/17  Senate: Read second time
02/03/17  Senate: Reading of substitute waived
02/03/17  Senate: Committee substitute agreed to 17104579D-S1
02/03/17  Senate: Engrossed by Senate - committee substitute SB1239S1
02/06/17  Senate: Read third time and passed Senate (38-Y 2-N)
02/08/17  House: Placed on Calendar
02/08/17  House: Read first time
02/08/17  House: Referred to Committee on Health, Welfare and Institutions
02/10/17  House: Assigned HWI sub: Subcommittee #3
02/13/17  House: Subcommittee recommends reporting with amendment (5-Y 0-N)
02/13/17  House: Subcommittee recommends referring to Committee on Appropriations
02/14/17  House: Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
02/14/17  House: Committee substitute printed 17105464D-H1
02/14/17  House: Referred to Committee on Appropriations
02/14/17  House: Assigned App. sub: Health & Human Resources
02/15/17  House: Subcommittee recommends reporting with amendment (8-Y 0-N)
02/15/17  House: Reported from Appropriations with amendment (22-Y 0-N)
02/17/17  House: Read second time
02/20/17  House: Read third time
02/20/17  House: Committee on Health, Welfare and Institutions substitute agreed to 17105464D-H1
02/20/17  House: Committee on Appropriations amendment agreed to
02/20/17  House: Passed by for the day
02/21/17  House: Passed by for the day
02/22/17  House: Read third time
02/22/17  House: Engrossed by House - committee substitute with amendment SB1239H1
02/22/17  House: Passed House with substitute with amendment (66-Y 34-N)
02/22/17  House: VOTE: PASSAGE (66-Y 34-N)
02/23/17  Senate: House substitute with amendment rejected by Senate (0-Y 39-N)
02/23/17  House: House insisted on substitute with amendment
02/23/17  House: House requested conference committee
02/23/17  Senate: Senate acceded to request (39-Y 0-N)
02/23/17  Senate: Conferees appointed by Senate
02/23/17  Senate: Senators: Hanger, Wexton, Cosgrove
02/23/17  House: Conferees appointed by House
02/23/17  House: Delegates: Orrock, Garrett, James
02/25/17  Conference: Amended by conference committee
02/25/17  Senate: Conference substitute printed 17105839D-S2
02/25/17  Senate: Conference report agreed to by Senate (40-Y 0-N)
02/25/17  House: Passed by temporarily
02/25/17  House: Conference report agreed to by House (89-Y 7-N)
02/25/17  House: VOTE: ADOPTION (89-Y 7-N)
03/07/17  Senate: Enrolled
03/07/17  Senate: Bill text as passed Senate and House (SB1239ER)
03/07/17  House: Signed by Speaker
03/10/17  Senate: Signed by President
03/13/17  Senate: Enrolled Bill Communicated to Governor on 3/13/17
03/13/17  Governor: Governor's Action Deadline Midnight, March 27, 2017
03/24/17  Senate: Governor's recommendation received by Senate
03/24/17  Senate: Governor's substitute printed 17105984D-S3
04/05/17  Senate: Senate concurred in Governor's recommendation (29-Y 11-N)
04/05/17  Senate: Reconsideration of Governor's recommendation agreed to (40-Y 0-N)
04/05/17  Senate: Senate concurred in Governor's recommendation (26-Y 14-N)
04/05/17  House: Pending question ordered
04/05/17  House: House rejected Governor's recommendation (37-Y 61-N)
04/05/17  House: VOTE: REJECTED (37-Y 61-N)
04/05/17  Senate: Communicated to Governor
04/05/17  Governor: Governor's Action Deadline Midnight, May 5, 2017
05/04/17  Governor: Vetoed by Governor