UPDATED
SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2228
As Amended by House Committee on Children
and Seniors

Brief*
HB 2228, as amended, would amend laws regarding the
operation of a child care facility to require written notice to
individuals found to be operating a child care facility without a
license; establish civil fines that may be assessed for
operating without a license; limit the amount of the civil fines
for continuing violations of law or rules and regulations that
affect significantly and adversely the health, safety, or
sanitation of children in a child care facility; and provide for
appeal rights for individuals aggrieved by an order of the
Secretary of Health and Environment (Secretary) with regard
to the civil fines imposed.

Fines for Continuing Violations Affecting Health, Safety,
or Sanitation
With regard to violations of law or rule and regulation
relating to the health, safety, or sanitation of children in a child
care facility, the bill would limit the civil fine that may be
assessed for a continuing violation. The bill would provide
that for every day of a continuing violation, which is deemed a
separate violation subject to a civil fine, the civil fine that may
be assessed would not exceed $100.


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Notification and Fines for Operating without a License
The bill would require the Secretary to provide written
notice to individuals found to be operating a child care facility
without a license that a license is required under state law.
Upon finding a child care facility continues to operate
without a license after being provided with written notice of
such violation and after proper notice and an opportunity to
be heard according with the Kansas Administrative Procedure
Act, the bill would authorize the Secretary to assess a civil
fine. The bill would provide the civil fine for a violation would
not exceed $500, except in the case of a continuing violation,
every day such previously notified violation continues would
be deemed a separate violation that would be subject to a
civil fine not to exceed $100.

Exceptions from Child Care Licensure Requirements
The provisions of the bill that would require written
notice to persons operating without a license and allow for the
assessment of civil fines for continuing to operate without a
license would not apply to persons providing child care for:
● Children provided care in the home in which they
reside;
● Children who are all relatives of the person; or
● Up to 2 children unrelated to the person for not
more than 20 hours a week, with the 20 hours
calculated by combining the hours each child is
provided care during the week by such person.


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Appeal Rights
The bill would allow a person aggrieved by an order of
the Secretary imposing a fine for the operation of a child care
facility without a license to appeal the order to the district
court, as provided by the Kansas Judicial Review Act.

Background
The bill was introduced by the House Committee on
Children and Seniors at the request of the Kansas
Department of Health and Environment (KDHE). In the House
Committee hearing, representatives of Child Care Aware and
KDHE testified in support of the bill. The KDHE
representative stated child care facilities operating without a
license are not inspected or monitored by KDHE, resulting in
no assurance to parents that foundational health and safety
standards are met. The proponents generally stated the bill
would increase protections for children in out-of-home care,
and the assessment of civil fines would serve as a deterrent
to illegal care and potentially increase the number of licensed
and inspected child care facilities. No other testimony was
provided.
The House Committee amended the bill by setting a
maximum civil fine for a continuing violation of provisions or
rules and regulations pertaining to the health safety or
sanitation of children in a child care facility, reducing the
maximum civil fine for operating a child care facility without a
license and for a continuing violation, and identifying the
circumstances that are not to be considered as providing
child care and to which the civil fines specified in the bill
would not apply.
The House Committee recommended the bill favorably
for passage, as amended, on February 26, 2019, but the bill
was withdrawn from the House Calendar and referred to the
House Committee on Appropriations on February 27, 2019.
The bill was then withdrawn from the House Committee on
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Appropriations and rereferred to the House Committee on
Children and Seniors on March 6, 2019. On March 18, 2019,
the House Committee on Children and Seniors voted to
recommend the bill favorably with the amendments previously
adopted by the House Committee.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, KDHE indicates
enactment of the bill would not have a fiscal effect on
expenditures, but would provide additional revenue. Based
upon cases in FY 2018, KDHE estimates there would be 70
substantiated illegal care cases. If the maximum fine of
$1,000 would be levied, the agency would receive $70,000 in
additional revenue.
The Office of Judicial Administration (OJA) indicates the
bill has the potential for increasing litigation in the courts
because of the new violation created by the bill. If litigation
increases, OJA indicates there would be a fiscal effect on the
operations of the court system. However, it is not possible to
predict the number of additional court cases that would arise
or how complex and time-consuming they would be.
Therefore, a precise fiscal effect cannot be determined. Any
fiscal effect associated with the bill is not reflected in The FY
2020 Governor’s Budget Report.


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Statutes affected:
As introduced: 65-526
As Amended by House Committee: 65-526