House File 2301 - Introduced HOUSE FILE 2301 BY JONES A BILL FOR An Act relating to unlicensed and unregistered child care 1 facilities exceeding the maximum number of children 2 authorized to be in care. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5640YH (2) 88 as/rh

H.F. 2301 Section 1. Section 237A.4A, subsection 5, Code 2020, is 1 amended to read as follows: 2 5. A child care facility fund is created in the state 3 treasury under the authority of the department. The fund is 4 separate from the general fund of the state. Regulatory fees 5 collected under subsection 1 and administrative penalties 6 assessed pursuant to section 237A.9 shall be credited to 7 the fund. Moneys credited to the fund shall not revert to 8 any other fund and are not subject to transfer except as 9 specifically provided by law. Notwithstanding section 12C.7, 10 subsection 2 , interest or earnings on moneys deposited in 11 the fund shall be credited to the fund. Moneys in the fund 12 are annually appropriated to the department to be used for 13 staffing dedicated to monitoring and regulation of child 14 care facilities, contracting, related technology costs, 15 record checks, grants and fee waivers, and other expenses 16 for inspection and regulation of child care facilities. Any 17 full-time equivalent positions paid for out of the fund shall 18 be in addition to other such positions authorized for the 19 department. 20 Sec. 2. NEW SECTION . 237A.9 Administrative penalty. 21 1. The department shall establish by rule, in accordance 22 with chapter 17A, an administrative penalty to be assessed 23 against an unlicensed or unregistered child care facility not 24 to exceed five hundred dollars per child exceeding the maximum 25 number of children authorized to be in care at an unlicensed 26 or unregistered child care facility. If a child care facility 27 completes licensing or registration within ninety days of the 28 determination of a violation and is in compliance with the 29 limits on the maximum number of children authorized to be in 30 care at an unlicensed or unregistered child care facility, the 31 department shall not impose an administrative penalty. 32 2. Administrative penalties collected by the department 33 under this section shall be deposited in the child care 34 facility fund created pursuant to section 237A.4A, subsection 35 -1- LSB 5640YH (2) 88 as/rh 1/ 2

H.F. 2301 5. 1 Sec. 3. Section 237A.25, subsection 3, Code 2020, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . 0d. Reporting information for an individual 4 with concerns regarding an unlicensed or unregistered child 5 care facility exceeding the maximum number of children 6 allowed to be in care at the facility and information that the 7 department will investigate all complaints in a timely manner. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to unlicensed and unregistered child care 12 facilities exceeding the maximum number of children authorized 13 to be in care and establishing administrative penalties. 14 The bill provides that the department of human services 15 shall establish by rule an administrative penalty to be 16 assessed against an unlicensed or unregistered child care 17 facility not to exceed $500 per child exceeding the maximum 18 number of children authorized to be in care at the child care 19 facility. 20 The bill provides that if a child care facility completes 21 licensing or registration within 90 days of the determination 22 of a violation and is in compliance with the limits on the 23 maximum number of children authorized to be in care at the 24 facility, the department shall not impose an administrative 25 penalty. 26 The bill provides that administrative penalties collected by 27 the department shall be deposited in the child care facility 28 fund created pursuant to Code section 237A.4A. 29 The bill requires that the department shall include on its 30 internet page or site reporting information for an individual 31 with concerns regarding an unlicensed or unregistered child 32 care facility exceeding the maximum number of children 33 allowed to be in care at the facility and information that the 34 department will investigate all complaints in a timely manner. 35 -2- LSB 5640YH (2) 88 as/rh 2/ 2