Alabama 2023 Regular Session

Alabama House Bill HB63 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB63INTRODUCED
2	2	Page 0
3	3	7GAL2E-1
4	4	By Representative Gray
5	5	RFD: Children and Senior Advocacy
6	6	First Read: 07-Mar-23
7	7	PFD: 06-Mar-23
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12	12	5 7GAL2E-1 03/06/2023 GP (L)lg 2023-460
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14	14	SYNOPSIS:
15	15	Under existing law certain child-care facilities
16	16	that are operating as an integral part of a local
17	17	church ministry or a religious nonprofit school are
18	18	exempt from certain licensure requirements.
19	19	This bill would exempt certain child-care
20	20	facilities that provide cultural arts programs from
21	21	licensure requirements, provided the program is
22	22	strictly instructional and the facility does not
23	23	advertise itself as providing child care.
24	24	This bill would require exempt child-care
25	25	facilities to adhere to appropriate fire and health
26	26	codes, criminal history, background check requirements,
27	27	and insurance requirements, and to provide notice to
28	28	parents of their exempt status.
29	29	This bill would require parents to submit an
30	30	affidavit that they have been notified that the
31	31	facility is not licensed.
32	32	This bill would require the Department of Human
33	33	Resources to inspect any new child-care facility that
34	34	is exempt from licensure before the facility may
35	35	operate, and would allow the department to inspect any
36	36	other exempt child-care facility upon reasonable cause
37	37	that the facility is not in compliance with the law or
38	38	a child's safety is at risk.
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68	68	This bill would also allow the district attorney
69	69	to investigate, at his or her discretion, any
70	70	allegations against an exempt child-care facility.
71	71	A BILL
72	72	TO BE ENTITLED
73	73	AN ACT
74	74	Relating to child-care facilities; to add Section
75	75	38-7-3.1 to the Code of Alabama 1975; to exempt certain
76	76	child-care facilities that provide instructional cultural arts
77	77	programs from licensure requirements; to require exempt
78	78	child-care facilities to comply with fire and health codes and
79	79	certain other policies; to require exempt child-care
80	80	facilities to provide notice that the facility is not licensed
81	81	and to require parents to submit an affidavit confirming the
82	82	notice; to require the Department of Human Resources to
83	83	inspect certain exempt child-care facilities; and to allow the
84	84	district attorney to investigate certain allegations against
85	85	an exempt child-care facility.
86	86	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
87	87	Section 1. Section 38-7-3.1 is added to the Code of
88	88	Alabama 1975, to read as follows:
89	89	§38-7-3.1
90	90	(a)(1) Except as provided in subdivision (2), the
91	91	licensure requirements of this chapter do not apply to a
92	92	child-care facility that provides cultural arts classes
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122	122	including, but not limited to, art, dance, gymnastics, martial
123	123	arts, and music, provided that the child-care facility
124	124	complies with all of the following:
125	125	a. The programs offered by the facility are strictly
126	126	instructional and skill-based in a single talent, ability,
127	127	expertise, proficiency, or subject or in closely related
128	128	skills, proficiencies, or subjects relating to cultural arts.
129	129	b. The child-care facility does not provide services
130	130	that are not directly related to the single skill or subject
131	131	or the closely related skills or subjects, including, but not
132	132	limited to, homework assistance.
133	133	c. The child-care facility does not advertise or
134	134	otherwise represent itself as a licensed child-care facility,
135	135	or advertise that it offers child-care services.
136	136	d. The child-care facility does not prepare meals or
137	137	snacks. The child-care facility may provide ready-to-eat
138	138	snacks, such as prepackaged snacks.
139	139	(2) A child-care facility that receives state or
140	140	federal funds is not exempt from licensure under this section.
141	141	(b) A child-care facility exempt from licensure under
142	142	this section shall do all of the following to maintain its
143	143	license exempt status:
144	144	(1) Provide notice of operation on an annual basis to
145	145	the appropriate fire and health departments so that the
146	146	facility may be inspected in accordance with the state and
147	147	local fire and health requirements, provided the facility
148	148	shall be inspected at least annually by the appropriate fire
149	149	department and the appropriate health department.
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179	179	(2) Provide to the department on or before October 1,
180	180	2023, and annually thereafter, the following records and
181	181	certify that the records are being maintained by the facility:
182	182	a. Documentation indicating the child-care facility is
183	183	in compliance with fire inspections and health inspections.
184	184	b. Employee names and their criminal history
185	185	information pursuant to Section 38-13-3.
186	186	c. Proof of property, casualty, and liability
187	187	insurance, as prescribed by the department.
188	188	d. Documentation within 30 days of any updated fire
189	189	inspection report, health inspection report, new criminal
190	190	background check suitability letter, or receipt of updated
191	191	insurance information as required under this subdivision.
192	192	(3) Post in plain view in a public area a statement
193	193	that the program is not regulated or licensed by the
194	194	Department of Human Resources.
195	195	(4) Require a parent or guardian to sign an affidavit
196	196	stating that the parent or guardian has been notified by the
197	197	responsible individual of the exempt child-care facility that
198	198	the facility has filed notice to the department and is exempt
199	199	from licensure and regulation by the department. The exempt
200	200	child-care facility shall file the affidavits annually with
201	201	the department. The affidavit shall be substantially in the
202	202	same form as provided in Section 38-7-3.
203	203	(c)(1) On and after the effective date of this act, any
204	204	individual or entity intending to operate a new child-care
205	205	facility in the state shall notify the department at least 30
206	206	days prior to operating, and the department shall inspect the
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236	236	facility and ensure compliance with this section before the
237	237	facility may begin operating.
238	238	(2) The department shall inspect any child-care
239	239	facility that is exempt from licensure under this section at
240	240	any time if it has reasonable cause to believe the facility is
241	241	not in compliance with this section or the safety of a child
242	242	is at risk. If the department finds there exists a situation
243	243	that may put the safety of a child at risk, the department may
244	244	refer the facility to the fire or health department or local
245	245	district attorney for the proper remedy or action.
246	246	(d)(1) The district attorney of the county in which a
247	247	child-care facility that is exempt from licensure under this
248	248	section is located, upon presentment of charges, may
249	249	investigate any allegations against the facility under the
250	250	laws of the state.
251	251	(2) The department, upon request, shall provide any
252	252	documentation necessary to confirm any of the information
253	253	relevant to a determination of whether a child-care facility
254	254	is exempt under this section to the district attorney.
255	255	(e) Any child-care facility that is exempt from
256	256	licensure under this section, upon request by the department,
257	257	shall provide the department with any information listed in
258	258	subsection (b) within 15 days.
259	259	(f) Nothing in this section or in this chapter
260	260	prohibits an employee of the department from carrying out the
261	261	duties of the department as prescribed in this title.
262	262	Section 2. This act shall become effective on the first
263	263	day of the third month following its passage and approval by
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293	293	the Governor, or its otherwise becoming law.141