Louisiana 2011 2011 Regular Session

Louisiana House Bill HB572 Engrossed / Bill

                    HLS 11RS-932	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 572
BY REPRESENTATIVE BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION:  Requires certain child care facilities to install child safety alarms in
any vehicle used to transport children
AN ACT1
To enact R.S. 32:295.3.1, relative to motor vehicles; to require certain day care centers to2
have a child safety alarm installed in vehicles it uses to transport children; to require3
that an owner or director of a day care center ensure proper maintenance and good4
working order of child safety alarms; to provide definitions; to require the5
Department of Children and Family Services to promulgate rules and procedures6
requiring the installation of child safety alarms in vehicles owned and operated by7
a day care center and used to transport children; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1.  R.S. 32:295.3.1 is hereby enacted to read as follows:10
ยง295.3.1. Child safety alarms in motor vehicles used to transport children; day care11
facilities; quality care rating system12
A. Day care centers as defined in R.S. 46:1403 that participate at certain13
levels in the Quality Start Child Care Rating System shall have a child safety alarm14
installed in any vehicle owned or operated by the day care center that is used to15
transport children to or from the day care center. The installation of the child safety16
alarm shall be completed by a person or business that is approved by the17
manufacturer of the child safety alarm.18
B. An owner or director of a day care center who is required pursuant to this19
Section to have a child safety alarm installed in a vehicle owned or operated by the20
day care center shall ensure that the child safety alarm is properly maintained and in21 HLS 11RS-932	ENGROSSED
HB NO. 572
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
good working order each time the vehicle is used for transporting children to or from1
a day care center.2
C.  For the purposes of this Section, the following definitions shall apply:3
(1) "Child safety alarm" shall mean an ignition-based alarm system that4
voice prompts the driver of certain vehicles owned or operated by a day care center5
to inspect the vehicle for children before exiting the vehicle.6
(2) "Vehicle" shall mean a vehicle owned or operated by the day care center,7
its owner, operator, or employees that is used to transport children to and from the8
day care center and that has a seating capacity of six or more passengers in addition9
to the driver.10
D. The Department of Children and Family Services shall promulgate rules11
and procedures, no later than May 31, 2012, applicable to the Quality Start Child12
Care Rating System to require the installation of child safety alarms in vehicles13
owned or operated by a day care center owner, operator, or employee that are used14
to transport children to or from day care centers before day care centers are allowed15
to participate at certain levels in the Quality Start Child Care Rating System.16
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. 572
Abstract: Requires certain child care facilities to install child safety alarms in any vehicle
used to transport children.
Proposed law requires those day care centers, as defined in R.S. 46:1403, that are
participating at certain levels in the Quality Start Child Care Rating System to have a child
safety alarm installed in any vehicle that is owned or operated by the day care center and
used in the transport of children to or from the day care center. Also requires the installation
of the child safety alarm be completed by a person or business that is approved by the
manufacturer of the child safety alarm.
Proposed law specifies that an owner or director of a day care center who is required to have
a child safety alarm installed in a vehicle owned or operated by the day care center must
ensure that the child safety alarm is properly maintained and in good working order each
time the vehicle is used for transporting children to or from a day care center.
Proposed law provides a definition of the following terms as follows:  HLS 11RS-932	ENGROSSED
HB NO. 572
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1)"Child safety alarm" shall mean an ignition-based alarm system that voice prompts
the driver of certain vehicles owned or operated by a day care center to inspect said
vehicle for children before exiting the vehicle.
(2)"Vehicle" shall mean a vehicle owned or operated by the day care center, its owner,
operator, or employees that is used to transport children to and from the day care
center and that has a seating capacity of six or more passengers in addition to the
driver.
Proposed law requires the Dept. of Children and Family Services to promulgate rules and
procedures to require the installation of child safety alarms in vehicles owned or operated
by a day care center owner, operator, or employee that are used to transport children to or
from day care centers before day care centers are allowed to participate at certain levels in
the Quality Start Child Care Rating System.
(Adds R.S. 32:295.3.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made technical changes.
2. Added a provision which requires certain day care centers that participate at
certain levels in the Quality Start Child Care Rating System to have a child safety
alarm installed in any vehicle owned or operated by the day care center that is
used to transport children to or from said day care center. 
3.  Added a provision that specifies that the installation of the child safety alarm
must be completed by a person or business that is approved by the manufacturer
of the child safety alarm.
4. Added a provision that specifies that an owner or director of a day care center
who is required to have a child safety alarm installed in a vehicle owned or
operated by the day care center must ensure that the child safety alarm is
properly maintained and in good working order each time the vehicle is used for
transporting children to or from a day care center.
5. Added a provision that defines "vehicle" as meaning any vehicle owned or
operated by the day care center, its owner, operator, or employees that is used to
transport children to and from the day care center and that has a seating capacity
of six or more passengers in addition to the driver.
6. Added a provision that defines "child safety alarm" as meaning an ignition-based
alarm system that voice prompts the driver of certain vehicles owned or operated
by a day care center to inspect the vehicle for children before exiting the vehicle.
7. Deleted a provision that required the Dept. of Children and Family Services to
promulgate rules in its assessment of the quality of care of child care facilities
to give consideration to those facilities that meet or exceed the requirements of
proposed law.
8. Added a provision that required the Dept. of Children and Family Services to
promulgate rules that require the installation of child safety alarms in vehicles
owned or operated by a day care center owner, operator, or employee that are
used to transport children to or from day care centers before day care centers are HLS 11RS-932	ENGROSSED
HB NO. 572
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
allowed to participate at certain levels in the Quality Start Child Care Rating
System.