Bill Text For HB2197 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 8, 2019                              |
 2|                             AS AMENDED                                |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 2197                        By: Randleman of the House        |
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  |                                         Young of the Senate           |
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 8|       [ child care - requiring certain programs to conduct            |
  |       background checks for employees - effective date ]              |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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13|    SECTION 1.     AMENDATORY     10 O.S. 2011, Section 403, as last   |
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14|amended by Section 1, Chapter 190, O.S.L. 2018 (10 O.S. Supp. 2018,    |
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15|Section 403), is amended to read as follows:                           |
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16|    Section 403.  A.  The provisions of the Oklahoma Child Care        |
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17|Facilities Licensing Act shall not apply to:                           |
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18|    1.  Care provided in a child's own home or by relatives;           |
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19|    2.  Informal arrangements which parents make with friends or       |
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20|neighbors for the occasional care of their children;                   |
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21|    3.  Care provided by an attorney-in-fact authorized by Section     |
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22|700 of this title who exercises parental or legal authority on a       |
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23|continuous basis for not less than twenty-four (24) hours and          |
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 1|without compensation for the intended duration of the power of         |
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 2|attorney;                                                              |
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 3|    4.  Programs in which school-aged children three (3) years of      |
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 4|age and older are participating in home-schooling;                     |
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 5|    5.  Programs that serve children three (3) years of age and        |
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 6|older and that are operated during typical school hours by a public    |
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 7|school district;                                                       |
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 8|    6.  Programs that serve children three (3) years of age and        |
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 9|older and that are operated during typical school hours by a private   |
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10|school that offers elementary education in grades kindergarten         |
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11|through third grade;                                                   |
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12|    7.  Summer youth camps, summer programs or after-school programs   |
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13|for children who are at least four (4) years of age, that are          |
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14|accredited by a national standard-setting agency or church camp        |
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15|accreditation program, or are accredited by, chartered by or           |
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16|affiliated with a national non-profit nonprofit organization.          |
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17|However, programs described in this paragraph shall conduct a          |
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18|national criminal history records search pursuant to paragraph 10 of   |
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19|subsection A of Section 404.1 of this title for every employee of      |
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20|the program.  A records search for every employee shall be             |
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21|maintained by the program and subject to review by law enforcement.    |
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22|If an employee does not have a completed records search, the           |
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23|employee is not eligible to work for the program until a records       |
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24|search is completed;                                                   |
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 1|    8.  Programs in which children attend on a drop-in basis and       |
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 2|parents are on the premises and readily accessible;                    |
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 3|    9.  A program of specialized activity or instruction for           |
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 4|children that is not designed or intended for child care purposes      |
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 5|including, but not limited to, scouts, 4-H clubs and summer resident   |
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 6|youth camps, programs that limit children from enrolling in multiple   |
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 7|sessions because of the type of activity or ages accepted and          |
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 8|single-activity programs such as academics, athletics, gymnastics,     |
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 9|hobbies, art, music, dance and craft instruction;                      |
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10|    10.  Any child care facility that:                                 |
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11|         a.    provides care and supervision for fifteen (15) or       |
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12|              fewer hours per week,                                    |
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13|         b.    operates less than ten (10) weeks annually,             |
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14|         c.    operates in the summer for less than eight (8) hours    |
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15|              per day, or                                              |
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16|         d.    provides care and supervision for school-aged           |
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17|              children only in a center-based program for twenty-one   |
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18|              (21) or fewer hours a week and is located in a county    |
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19|              with a population of less than one hundred thousand      |
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20|              (100,000) according to the latest Federal Decennial      |
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21|              Census;                                                  |
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22|    11.  Facilities whose primary purpose is medical treatment;        |
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 1|    12.  Boarding schools that have education as their primary         |
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 2|purpose and that are recognized as accredited by the State Board of    |
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 3|Education.  To be exempt, such programs shall:                         |
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 4|         a.   have classroom facilities that are not used for          |
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 5|              residential living,                                      |
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 6|         b.   not have been granted nor have assumed legal custody     |
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 7|              of any child attending the facility, and                 |
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 8|         c.   adhere to standard educational holiday and seasonal      |
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 9|              recess periods to permit students reasonable             |
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10|              opportunities to return to their primary places of       |
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11|              residence with parents or legal guardians;               |
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12|    13.  Day treatment programs and maternity homes operated by a      |
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13|licensed hospital;                                                     |
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14|    14.  Juvenile facilities certified by the Office of Juvenile       |
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15|Affairs or certified by any other state agency authorized by law to    |
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16|license such facilities;                                               |
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17|    15.  A program where children are not enrolled by the parents      |
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18|and are free to come and go;                                           |
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19|    16.  A program in tribal land as defined at 25 U.S.C.A. 1903       |
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20|(10); and                                                              |
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21|    17.  A program on a military base or federal property.             |
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22|    B.  The provisions of the Oklahoma Child Care Facilities           |
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23|Licensing Act shall be equally incumbent upon all private and public   |
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24|child care facilities.                                                 |
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 1|    SECTION 2.  This act shall become effective November 1, 2019.      |
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 2|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |April 8, 2019 - DO PASS AS AMENDED                                     |
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