Louisiana 2010 Regular Session

Louisiana House Bill HB1469 Latest Draft

Bill / Engrossed Version

                            HLS 10RS-3416	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1469    (Substitute for House Bill No. 1445 by Representative Barrow)
BY REPRESENTATIVE BARROW
CHILD DAY CARE:  To require child care facility vehicles to have child safety alarms
AN ACT1
To enact R.S. 32:295.3.1, relative to motor vehicles; to provide relative to the transportation2
of children by child care facilities; to require child safety alarms to be in certain3
vehicles; to require the promulgation of rules and regulations; to provide for4
implementation; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S.  32:295.3.1 is hereby enacted to read as follows:7
ยง295.3.1.  Child safety alarms in child care vehicles required8
A. Prior to a child care vehicle being placed in service, the child care facility9
or contractor of a child care facility that is the owner or lessee of the child care10
vehicle shall have a child safety alarm installed in the child care vehicle.  A person11
who is required under this Section to have a child safety alarm installed in a child12
care vehicle shall ensure that the child safety alarm is properly maintained and is in13
good working order each time the child care vehicle is used for transporting children14
to or from a child care facility. The installation of the child safety alarm shall be15
completed by a person who is approved by the manufacturer of the child safety16
alarm.17
B. No person may knowingly transport a child, and no child care facility or18
contractor of a child care facility that is the owner or lessee of a child care vehicle19
may knowingly permit a child to be transported to or from a child care facility in a20 HLS 10RS-3416	ENGROSSED
HB NO. 1469
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are additions.
child care vehicle in which a child safety alarm has not been installed, is not properly1
maintained, or is not in good working order. Any person who violates the provisions2
of this Subsection may be fined not more than five hundred dollars.3
C. No person may remove, disconnect, tamper with, or otherwise circumvent4
the operation of a child safety alarm that is installed in a child care vehicle, except5
for the purpose of testing, repairing, or maintaining the child safety alarm or of6
replacing or disposing of a malfunctioning child safety alarm. No person may shut7
off a child safety alarm that is installed in a child care vehicle unless the person first8
inspects the vehicle to ensure that no child is left unattended in the vehicle.  Any9
person who violates the provisions of this Subsection may be fined not more than10
five hundred dollars.11
D. For the purposes of this Section, the following words and phrases shall12
mean:13
(1) "Child care facility" shall mean any place or facility operated by any14
institution, society, agency, corporation, person or persons, or any other group for15
the purpose of providing care, supervision, and guidance of seven or more children,16
not including those related to the caregiver, unaccompanied by parent or guardian,17
on a regular basis for at least twelve and one-half hours in a continuous seven-day18
week.19
(2) "Child care vehicle" shall mean a vehicle that has a seating capacity of20
six or more passengers in addition to the driver, that is owned or leased by a child21
care provider or a contractor of a child care provider, and that is used to transport22
children to and from the child care provider.23
(3) "Child safety alarm" shall mean an ignition-based alarm system that24
voice prompts the driver of a child care vehicle to inspect a child care vehicle for25
children before exiting the child care vehicle.26
E. The Department of Social Services shall promulgate rules and regulations,27
no later than June 30, 2011, to require the installation of child safety alarms in all28
child care vehicles prior to the renewal or issuance of a Class "A" or Class "B" child29 HLS 10RS-3416	ENGROSSED
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are additions.
care facility license.  Such rules and regulations shall include provisions requiring1
the installation of the child safety alarm to be completed by a person who is2
approved by the manufacturer of the child safety alarm.3
Section 2. The provisions of this Act shall be implemented upon the adoption of4
rules and regulations by the Department of Social Services.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Barrow	HB No. 1469
Abstract: Requires the installation of child safety alarms in child care vehicles operated by
child care facilities.
Proposed law requires the installation of child safety alarms in child care vehicles operated
by child care facilities.
Proposed law provides for definitions of "child care facility", "child care vehicle", and "child
safety alarm".
Proposed law provides for penalties.
Proposed law requires the Dept. of Social Services to promulgate rules and regulations for
implementation.
(Adds R.S. 32:295.3.1)