Child day programs; exemptions from licensure, removes certain programs from list. (SB539)

Introduced By

Sen. Emmett Hanger (R-Mount Solon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Child day programs; exemptions from licensure. Removes certain programs from the list of child day programs exempt from licensure and clarifies that such programs are not considered child day programs and therefore are not subject to licensure. The bill also modifies the terms of certain child day programs that remain listed as exempt from licensure and requires that such programs (i) file with the Commissioner of Social Services (the Commissioner), prior to beginning operation of a child day program and annually thereafter, a statement indicating the intent to operate a child day program, identifying the Code provision relied upon for exemption from licensure, and certifying that the child day program has disclosed to the parents of children in the program the fact that it is exempt from licensure; (ii) report to the Commissioner all incidents involving serious physical injury or death to children attending the child day program; (iii) have a person trained and certified in first aid and cardiopulmonary resuscitation (CPR) present at the child day program; (iv) maintain daily attendance records; (v) have an emergency preparedness plan in place; (vi) comply with all applicable laws and regulations governing transportation of children; (vii) comply with certain safe sleep practices for infants; and (viii) post in a visible location notice that the program is not licensed by the Department of Social Services and only certifies basic health and safety requirements. The bill exempts from licensure any program offered by a local school division, operated for no more than four hours per day, staffed by local school division employees, and attended by school-age children who are enrolled in public school within such school division. The bill also modifies staffing ratios for religious-exempt child day centers. The bill directs the Commissioner to (a) inspect child day programs that are exempt from licensure to determine compliance with the provisions of the bill only upon receipt of a complaint and (b) develop a process to gather and track aggregate data regarding child injuries and deaths that occur at such child day programs. The bill has a delayed effective date of July 1, 2019. Read the Bill »


Bill Has Passed


01/09/2018Prefiled and ordered printed; offered 01/10/18 18100827D
01/09/2018Referred to Committee on Rehabilitation and Social Services
01/19/2018Reported from Rehabilitation and Social Services with substitute (13-Y 0-N) (see vote tally)
01/19/2018Committee substitute printed 18105484D-S1
01/19/2018Rereferred to Finance
01/19/2018Impact statement from DPB (SB539)
01/22/2018Impact statement from DPB (SB539S1)
01/23/2018Reported from Finance (16-Y 0-N) (see vote tally)
01/24/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/25/2018Read second time
01/25/2018Reading of substitute waived
01/25/2018Committee substitute agreed to 18105484D-S1
01/25/2018Engrossed by Senate - committee substitute SB539S1
01/26/2018Read third time and passed Senate (39-Y 0-N) (see vote tally)
01/31/2018Placed on Calendar
01/31/2018Read first time
01/31/2018Referred to Committee on Health, Welfare and Institutions
02/20/2018Reported from Health, Welfare and Institutions with substitute (22-Y 0-N) (see vote tally)
02/20/2018Committee substitute printed 18107190D-H1
02/20/2018Referred to Committee on Appropriations
02/22/2018Assigned App. sub: Health & Human Resources
02/26/2018Impact statement from DPB (SB539H1)
02/27/2018Subcommittee recommends reporting with amendments (8-Y 0-N)
03/02/2018Reported from Appropriations with amendments (22-Y 0-N) (see vote tally)
03/06/2018Read second time
03/07/2018Read third time
03/07/2018Committee substitute from Health, Welfare and Institutions agreed to 18107190D-H1
03/07/2018Committee amendments from Appropriations agreed to
03/07/2018Engrossed by House - committee substitute with amendments SB539H1
03/07/2018Passed House with substitute with amendments BLOCK VOTE (98-Y 0-N)
03/07/2018VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
03/08/2018House substitute with amendments agreed to by Senate (40-Y 0-N) (see vote tally)
03/08/2018Title replaced 18107190D-H1
03/10/2018Bill text as passed Senate and House (SB539ER)
03/10/2018Signed by Speaker
03/12/2018Impact statement from DPB (SB539ER)
03/12/2018Signed by President
03/20/2018Enrolled Bill Communicated to Governor on March 20, 2018
03/20/2018G Governor's Action Deadline Midnight, April 9, 2018
04/09/2018G Approved by Governor-Chapter 810 (effective 7/1/19)
04/09/2018G Acts of Assembly Chapter text (CHAP0810)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.