Brief⁽¹⁾

S.B. 128 amends one of the statutes applicable to the licensing or registration of child care facilities. Currently, K.S.A. 1998 Supp. 65-526 authorizes the Secretary of Health and Environment to assess a civil penalty against a child care facility licensee or registrant in an amount of up to $500. The amendments make it clear the civil penalty applies to each violation of the law or rules and regulations that significantly and adversely affects the health, safety, or sanitation of the children in the child care facility, and that every day the violation continues is to be deemed to be a separate violation.

Background

S.B. 128 was introduced by the Legislative Post Audit Committee following an audit of the licensing and regulation of child care facilities by the Legislative Division of Post Audit. Clarification of the statute was one of the audit recommendations. The amendments do not change present practices or increase the maximum amount of a civil fine authorized by law. They do make the statute more clear. During Committee hearings on S.B. 128, the Legislative Post Auditor appeared before the Committee to explain the background of the bill, noting it would implement one of the audit recommendations. Written support was expressed by the Chair of the Legislative Post Audit Committee. No one appeared in opposition to the bill.

The Division of the Budget indicates no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.