HLS 16RS-770 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 197
BY REPRESENTATIVE PYLANT
CRIME: Creates crime of failure to properly operate a child day care center
1 AN ACT
2To enact R.S. 14:91.15, relative to offenses affecting health of minors; to create the crime
3 of unlawful operation of an unlicensed child day care center; to provide definitions;
4 to provide criminal penalties; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:91.15 is hereby enacted to read as follows:
7 ยง91.15. Unlawful operation of an unlicensed child day care center
8 A. Unlawful operation of an unlicensed child day care center is any of the
9 following:
10 (1) The intentional operation of a child day care center without a license as
11 provided for in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes
12 of 1950, comprised of R.S. 17:407.31 through 407.53.
13 (2) The continued operation of a child day care center after notification by
14 the Department of Education that the person operating the facility should seek a
15 license as provided for in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised
16 Statutes of 1950, comprised of R.S. 17:407.31 through 407.53.
17 (3) The continued operation of a child day care center after the Department
18 of Education has revoked a license to operate a child day care center as provided for
19 in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950,
20 comprised of R.S. 17:407.31 through 407.53.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-770 ENGROSSED
HB NO. 197
1 B. For the purposes of this Section, "child day care center" means any place
2 or facility operated by any institution, political subdivision, society, agency,
3 corporation, person or persons, or any other group for the purpose of providing care,
4 supervision, and guidance of seven or more children, not including those related to
5 the caregiver, unaccompanied by parent or legal custodian, on a regular basis for at
6 least twelve and one-half hours in a continuous seven-day week. If a child day care
7 center provides transportation or arranges for transportation to and from the center,
8 either directly or by contract with third parties, all hours during which a child is
9 being transported shall be included in calculating the hours of operation.
10 C. Whoever commits the crime of unlawful operation of an unlicensed child
11 day care center shall be fined not more than one thousand dollars, imprisoned for not
12 more than six months, or both.
13 D. Notwithstanding any other provision of law to the contrary, the
14 Department of Education shall be responsible for the investigation of violations of
15 the provisions of this Section. The Department of Education shall conduct any
16 necessary investigation, make a determination with respect to licensing status, and
17 collect any evidence necessary with respect to violations of the provisions of this
18 Section. All evidence and findings by the Department of Education shall be
19 submitted to a law enforcement agency for any arrest for a violation of the provisions
20 of this Section.
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)]
HB 197 Engrossed 2016 Regular Session Pylant
Abstract: Creates the crime of unlawful operation of a child day care center.
Proposed law provides that unlawful operation of an unlicensed child day care center is any
of the following:
(1)The intentional operation of a child day care center without a license.
(2)The continued operation of a child day care center after notification by the Dept. of
Education that the person operating the facility should seek a license.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-770 ENGROSSED
HB NO. 197
(3)The continued operation of a child day care center after the Dept. of Education has
revoked a license.
Proposed law provides a penalty of a fine of not more than $1,000, imprisonment for not
more than six months, or both.
Proposed law provides that the Dept. of Education shall conduct any necessary investigation,
make a determination with respect to licensing status, and collect any evidence necessary
with respect to violations of proposed law. Evidence and findings by the Dept. of Education
shall be submitted to a law enforcement agency for any arrest.
(Adds R.S. 14:91.15)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Adds that the Dept. of Education shall conduct any investigation and make
determinations regarding violations of proposed law for referral to a law
enforcement agency.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.