HB 1144-1_ Filed 01/28/2003, 10:07
Your Committee on Public Health , to which was referred House Bill 1144 , has
had the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 4-21.5-2-6; (03)AM114402.1. -->
, AS AMENDED BY P.L.1-2002,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. (a) This article does not apply to the
formulation, issuance, or administrative review (but does, except as
provided in subsection (b), apply to the judicial review and civil
enforcement) of any of the following:
(1) Determinations by the division of family and children, except
a determination under
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning
concerning recipients and applicants of Medicaid. However, this
article does apply to determinations by the office of Medicaid
policy and planning concerning providers.
(4) A final determination of the Indiana board of tax review.
do not apply to judicial
review of a final determination of the Indiana board of tax review.
SOURCE: IC 12-7-2-28.6; (03)AM114402.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 28.6. (a) "Child care
home", for purposes of IC 12-17.2, means a residential structure in
which at least six (6) children (not including
the children for whom
who are related to the provider) is a parent, stepparent, guardian,
custodian, or other relative) at any time receive child care from a
(1) while unattended by a parent, legal guardian, or custodian;
(2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24)
hours in each of ten (10) consecutive days per year, excluding
intervening Saturdays, Sundays, and holidays.
(b) The term includes:
(1) a class I child care home; and
(2) a class II child care home.
SOURCE: IC 12-17.2-2-1; (03)AM114402.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. The division shall
perform the following duties:
(1) Administer the licensing and monitoring of child care centers
or child care homes in accordance with this article.
(2) Ensure that a criminal history background check of the
applicant is completed before issuing a license.
(3) Ensure that a criminal history background check of a child
care ministry applicant for registration is completed before
registering the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocation of
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees and registration fees
collected under section 2 of this chapter in the child care fund.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A child's
date of birth may be proven by the child's original birth certificate
or other reliable proof of the child's date of birth, including a duly
attested transcript of a birth certificate.
SOURCE: IC 12-17.2-2-2; (03)AM114402.4. -->
, AS AMENDED BY P.L.215-2001,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. The division may do the following:
(1) Prescribe forms for reports, statements, notices, and other
documents required by this article or by the rules adopted under
(2) Increase public awareness of this article and the rules adopted
under this article by preparing and publishing manuals and guides
explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
(5) Seek the advice and recommendations of state agencies whose
information and knowledge would be of assistance in writing,
revising, or monitoring rules developed under this article. These
agencies, including the office of the attorney general, state
department of health, division of mental health and addiction,
bureau of criminal identification and investigation, and fire
prevention and building safety commission, shall upon request
supply necessary information to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application and renewal as follows:
(A) For a child care center license, a fee of two dollars ($2) per
licensed child capacity.
(B) For a child care center new inquiry application packet, a
fee not to exceed five dollars ($5).
(C) For a child care home license new inquiry application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Charge a processing fee not to exceed five dollars ($5) for
registration of a license exempt child care provider under
(9) Exercise any other regulatory and administrative powers
necessary to carry out the functions of the division.
SOURCE: IC 12-7-2-123.5; (03)AM114402.5. -->
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: "License exempt child care provider"
means a person who:
(1) is more than eighteen (18) years of age; and
(2) provides child care for at least one (1) child but less than
six (6) children who are not related to the person:
(A) while each child is unattended by a parent, legal
guardian, or custodian;
(B) for regular compensation; and
(C) for more than four (4) hours but less than twenty-four
(24) hours per day in each of ten (10) consecutive days per
year, excluding intervening Saturdays, Sundays, and
SOURCE: IC 12-17.2-7; (03)AM114402.6. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]:
Chapter 7. Registration of License Exempt Child Care
Sec. 1. A license exempt child care provider shall, on a form
approved by the division, register with the division not more than
thirty (30) days after the license exempt child care provider begins
to provide child care.
Sec. 2. If the division, after a hearing conducted under
, determines that a license exempt child care provider
has knowingly failed to register as required under this chapter, the
division shall assess against the license exempt child care provider
a civil penalty of one hundred dollars ($100).
Sec. 3. Penalties assessed under section 2 of this chapter shall be
deposited in the child care fund established by
Sec. 4. The division shall adopt rules under
implement this chapter.
SOURCE: ; (03)AM114402.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2003] Notwithstanding
, as added by this act, a person who, on June 30,
2003, met the definition of license exempt child care provider set
forth in IC 12-7-2-123.5, as added by this act, shall register with
the division not later than January 1, 2004.
(Reference is to HB 1144 as introduced.)
and when so amended that said bill do pass.
AM114402/DI 77 2003