GREEN SHEET REDIGEST
HB 197 2016 Regular Session Pylant
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIME: Creates crime of failure to properly operate a child day care center
DIGEST
Proposed law provides that it is unlawful for any person or other entity to do either of the
following:
(1)Continue to operate a child day care center after notification by the Dept. of
Education that the person or other entity operating the facility should seek a license.
(2)Continue to operate a child day care center after the Dept. of Education has revoked
a license previously issued to that person or entity.
Proposed law provides for the following penalties:
(1)On a first offense, a fine of up to $1,000, imprisonment for up to six months, or both.
(2)On a second offense, a fine of up to $2,500, imprisonment for up to six months, or
both. Proposed law further provides that the violator will be ineligible to apply for
a day care license for up to 24 months.
(3)On a third or subsequent offense, a fine of up to $5,000, imprisonment for up to 12
months, or both. Proposed law further provides that the violator will be ineligible to
apply for a day care license for up to 48 months.
Proposed law provides that the Dept. of Education is to conduct any necessary investigation,
determine whether a license is required by present law, and determine if the center is
operating without a valid license. Proposed law further provides that the department is to
determine the licensing status and collect any evidence necessary with respect to violations
of proposed law. Proposed law further provides that evidence and findings by the department
are to 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.
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.
Page 1 of 2
Prepared by Alden A. Clement, Jr. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Delete intentional operation of a child care center without a license from
applicability of proposed law.
2. Change proposed law third offense period of ineligibility to apply for a license
from 24 months to 48 months.
3. Clarify that proposed law may be violated by "any person or other entity".
Page 2 of 2
Prepared by Alden A. Clement, Jr.