HLS 10RS-3416 ENGROSSED Page 1 of 3 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 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored 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 HB NO. 1469 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored 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)