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House Journal: Page 1101: Monday, April 1, 2002

REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 466

To the President of the Senate and the Speaker of the House of Representatives:

We, the undersigned members of the conference committee appointed to resolve the
differences between the Senate and House of Representatives on Senate File 466, a bill
for an Act relating to child care and protection public policy provisions involving
children, respectfully make the following report:

1. That the House recedes from its amendment, S-3443.

2. That Senate File 466, as passed by the Senate, is amended as follows:

1. Page 1, line 11, by striking the word "made," and inserting the following:
"made".

2. Page 1, by striking lines 15 through 31 and inserting the following:

"b. A child care provider that has been found in an administrative or judicial
proceeding to have obtained, or has agreed to entry of a civil judgment or judgment by
confession that includes a conclusion of law that the child care provider has obtained,
by fraudulent means, public funding for provision of child care in an amount equal to or
in excess of the minimum amount for a fraudulent practice in the second degree under
section 714.10, subsection 1, shall be subject to sanction in accordance with this
subsection. Such child care provider shall be subject to a period during which receipt of
public funding for provision of child care is conditioned upon no further violations and
to one or more of the following sanctions as determined by the department and imposed
in an administrative proceeding:

(1) Ineligibility to receive public funding for provision of child care.

(2) Suspension from receipt of public funding for provision of child care.

(3) Special review of the child care provider's claims for providing publicly funded
child care.

c. The following factors shall be considered in determining the sanction or
sanctions to be imposed under paragraph "b", subparagraphs (1) through (3):

(1) Seriousness of the violation.

(2) Extent of the violation.

(3) History of prior violations.

(4) Prior imposition of sanctions.

(5) Prior provision of provider education.

(6) Provider willingness to obey program rules.

(7) Whether a lesser sanction will be sufficient to remedy the problem.


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