HLS 16RS-770 REENGROSSED
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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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 subject to the following penalties:
12 (1) For a first offense violation of this Section, the violator shall be fined not
13 more than one thousand dollars or imprisoned for not more than six months, or both,
14 (2) For a second offense violation of this Section, the violator shall be fined
15 not more than two thousand five hundred dollars or imprisoned for not more than six
16 months, or both. Furthermore, the violator shall be ineligible to apply for a license
17 to operate a child day care facility or operate a child day care facility for up to
18 twenty-four months.
19 (3) For a third offense violation of this Section, the violator shall be fined not
20 more than five thousand dollars or imprisoned for not more than twelve months, or
21 both. Furthermore, the violator shall be ineligible to apply for a license to operate
22 a child day care facility or operate a child day care facility for up to twenty-four
23 months.
24 D. In accordance with R.S. 17:407.31 et seq., the Department of Education
25 shall be responsible for the investigation of any unlicensed day care center to
26 determine if the center is required by law to have a license issued by the department
27 and to determine if the center is operating without a valid license issued by the
28 department. After conducting any necessary investigation, the department shall
29 make a determination with respect to licensing status, and collect any evidence
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1 necessary with respect to violations of the licensing laws. All evidence and findings
2 by the department shall be submitted to a law enforcement agency for any arrest for
3 a violation of the provisions 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 Reengrossed 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.
(3)The continued operation of a child day care center after the Dept. of Education has
revoked a license.
Proposed law provides for the following penalties:
(1)First offense - a fine of not more than $1,000, imprisonment for not more than six
months, or both.
(2)Second offense - A fine of not more than $2,500, imprisonment for not more than six
months, or both. Provides that the violator shall be ineligible to apply for a day care
license for up to 24 months.
(3)Third offense - A fine of not more than $5,000, imprisonment for not more than 12
months, or both. Provides that the violator shall be ineligible to apply for a day care
license for up to 24 months.
Proposed law provides that the Dept. of Education shall conduct any necessary investigation,
determine whether a license is required by present law, and determine if the center is
operating without a valid license. Requires the department to determine the 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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The House Floor Amendments to the engrossed bill:
1. Adds additional criminal penalties for a second or third offense.
2. Provides that persons convicted of a second or third offense are ineligible to
apply for a child day care facility license for up to 24 months.
3. Changes provisions regarding the investigation by the Dept. of Education of
violations of proposed law.
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