Bill Text: IA HF2080 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act to require owners or operators of certain child care facilities and child care homes to provide evidence of financial responsibility, providing a penalty, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Subcommittee, Forristall, Dawson, and Fry. H.J. 144. [HF2080 Detail]
Download: Iowa-2013-HF2080-Introduced.html
House
File
2080
-
Introduced
HOUSE
FILE
2080
BY
DAWSON
A
BILL
FOR
An
Act
to
require
owners
or
operators
of
certain
child
care
1
facilities
and
child
care
homes
to
provide
evidence
of
2
financial
responsibility,
providing
a
penalty,
and
including
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
237A.9
Evidence
of
financial
1
responsibility.
2
1.
A
person
shall
not
establish
or
operate
a
child
care
3
facility
or
child
care
home
unless
the
person
furnishes
4
evidence
acceptable
to
the
department
of
the
person’s
ability
5
to
respond
in
damages
for
liability
on
account
of
accidents
or
6
wrongdoings
occurring
subsequent
to
the
effective
date
of
the
7
evidence
of
financial
responsibility
in
the
amount
of
at
least
8
five
hundred
thousand
dollars
because
of
bodily
injury
to
or
9
the
death
of
one
person
in
any
one
accident
or
incident
arising
10
out
of
the
ownership
or
operation
of
a
child
care
facility
or
11
child
care
home.
12
2.
The
evidence
of
financial
responsibility
shall
13
consist
of
a
surety
bond,
a
liability
insurance
policy,
or
an
14
irrevocable
letter
of
credit
issued
by
a
financial
institution.
15
The
evidence
of
financial
responsibility
shall
be
maintained
16
at
not
less
than
the
required
amount
at
all
times
during
the
17
period
of
ownership
or
operation
of
the
child
care
facility
or
18
child
care
home.
The
department
may
accept
a
certification
19
of
the
evidence
of
financial
responsibility.
The
evidence
20
of
financial
responsibility
shall
pay
the
amount
that
the
21
beneficiary
is
legally
obligated
to
pay
as
damages
caused
by
22
the
operations
of
the
person’s
child
care
facility
or
child
23
care
home.
A
liability
insurance
policy
shall
be
subject
to
24
the
insurer’s
policy
provisions
filed
with
and
approved
by
the
25
commissioner
of
insurance.
26
3.
The
department
shall
be
notified
ten
days
prior
to
any
27
reduction
in
the
surety
bond
or
liability
insurance
made
at
the
28
request
of
the
person
or
of
cancellation
of
the
surety
bond
by
29
the
surety
or
of
cancellation
of
the
liability
insurance
by
the
30
insurer.
The
department
shall
be
notified
ninety
days
prior
31
to
any
reduction
of
the
amount
of
the
irrevocable
letter
of
32
credit
at
the
request
of
the
person
or
of
the
cancellation
of
33
the
irrevocable
letter
of
credit
by
the
financial
institution.
34
The
total
and
aggregate
liability
of
the
surety,
insurer,
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or
financial
institution
for
all
claims
shall
be
limited
to
1
the
face
of
the
surety
bond,
liability
insurance
policy,
or
2
irrevocable
letter
of
credit.
However,
the
surety,
insurer,
3
or
issuer
remains
liable
for
damages
arising
from
accidents
or
4
other
wrongdoings
that
occurred
during
the
effective
period
of
5
the
evidence
of
financial
responsibility.
6
4.
A
license
or
certificate
of
registration
shall
not
be
7
issued
to
a
child
care
facility
under
this
chapter
unless
the
8
applicant
furnishes
evidence
acceptable
to
the
department
of
9
compliance
with
this
section.
10
5.
A
person
shall
not
establish
or
operate
a
child
care
11
home
unless
the
applicant
furnishes
evidence
acceptable
to
the
12
department
of
compliance
with
this
section.
13
6.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
14
to
administer
the
provisions
of
this
section.
15
Sec.
2.
Section
237A.19,
Code
2014,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
4.
A
person
who
establishes
or
operates
a
18
child
care
facility
or
child
care
home
in
violation
of
section
19
237A.9
commits
a
simple
misdemeanor.
Each
day
of
continuing
20
violation
after
conviction,
or
notice
from
the
department
by
21
certified
mail
of
the
violation,
is
a
separate
offense.
A
22
single
charge
alleging
continuing
violation
may
be
made
in
lieu
23
of
filing
charges
for
each
day
of
violation.
24
Sec.
3.
APPLICABILITY.
This
Act
applies
to
initial
25
applications
and
applications
for
renewal
of
licenses
or
26
certificates
of
registration
of
child
care
facilities
filed
on
27
or
after
January
1,
2015,
and
to
child
care
homes
established
28
or
in
operation
on
or
after
January
1,
2015.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
requires
that
a
person
shall
not
establish
or
33
operate
a
child
care
facility
or
child
care
home
unless
the
34
person
furnishes
evidence
to
the
department
of
human
services
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of
the
person’s
ability
to
respond
in
damages
for
accidents
or
1
wrongdoings
that
arise
out
of
the
ownership
or
operation
of
the
2
child
care
facility
or
child
care
home.
3
The
evidence
of
financial
responsibility
must
consist
of
a
4
surety
bond,
a
liability
insurance
policy,
or
an
irrevocable
5
letter
of
credit
issued
by
a
financial
institution
in
the
6
amount
of
at
least
$500,000
for
damages
because
of
bodily
7
injury
to
or
the
death
of
one
person
in
any
one
accident
or
8
incident
arising
out
of
the
ownership
or
operation
of
a
child
9
care
facility
or
child
care
home.
10
The
bill
requires
notice
to
the
department
of
human
services
11
if
a
surety
bond,
liability
insurance,
or
irrevocable
letter
12
of
credit
is
reduced
or
canceled.
The
department
is
required
13
to
adopt
rules
to
administer
the
provisions
of
the
bill.
A
14
violation
of
the
provisions
of
the
bill
is
punishable
as
a
15
simple
misdemeanor
and
can
result
in
suspension
or
revocation
16
of
the
license
or
certificate
of
registration
of
a
child
care
17
facility.
A
simple
misdemeanor
is
punishable
by
confinement
18
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
19
than
$625
or
by
both.
20
Under
Code
chapter
237A,
a
child
care
facility
includes
21
a
child
care
center,
which
is
a
facility
that
provides
child
22
care
or
preschool
services
for
seven
or
more
children
and
23
cannot
be
established
or
operated
without
obtaining
a
license,
24
and
includes
a
child
development
home,
which
is
a
person
or
25
program
that
provides
child
care
for
six
or
more
children
26
and
cannot
be
established
or
operated
without
obtaining
a
27
certificate
of
registration.
A
child
care
home
is
a
person
or
28
program
providing
child
care
to
five
or
fewer
children
that
is
29
not
required,
but
has
the
option,
to
obtain
a
certificate
of
30
registration.
31
The
bill
is
applicable
to
initial
applications
and
32
applications
for
renewal
of
licenses
or
certificates
of
33
registration
of
child
care
facilities
filed
on
or
after
January
34
1,
2015,
and
to
child
care
homes
established
or
in
operation
on
35
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