SENATE BILL REPORT

ESHB 1968

As Reported by Senate Committee On:

Governmental Operations, April 1, 2013

Title: An act relating to licensing standards for before and after-school programs.

Brief Description: Changing licensing provisions for certain before and after-school programs in school buildings.

Sponsors: House Committee on Appropriations (originally sponsored by Representatives Kagi, Farrell, Pollet and Fey).

Brief History: Passed House: 3/07/13, 97-0.

Committee Activity: Governmental Operations: 3/28/13, 4/01/13 [DPA].

Majority Report: Do pass as amended.

Signed by Senators Roach, Chair; Benton, Vice Chair; Hasegawa, Ranking Member; Braun, Conway and Fraser.

Staff: Karen Epps (786-7424)

Background: The Department of Early Learning (DEL) is required to designate categories of child care facilities to be licensed based on the ages and characteristics of the children served, variations in the purposes and services offered by the facilities, and variations in the size or structure of the agencies to be licensed. DEL must develop minimum requirements for the licensure of each category of child care facility, and has the duty to issue, revoke, or deny licenses to child care agencies. DEL currently licenses three types of child care facilities which may serve children who are up to 12 years of age: family home child care providers, child care centers, and school age centers.

The Washington State Patrol has authority for: (1) patrolling Washington state highways; (2) providing security for the Governor; (3) the Washington State Crime Lab; (4) the Investigative Services Bureau; and (4) the state Fire Marshall.

The state Fire Marshall is responsible for providing fire and life safety inspections in licensed care occupancies including nursing homes, boarding homes, group homes, hospitals, and childcare centers. The state Fire Marshall also may conduct construction plan review on new school construction and when local jurisdictions request assistance. They license the fireworks and the fire sprinkler industries, and certify fire sprinkler industry workers and cigarette manufacturers; train Washington State’s fire service, in the field and at the Washington State Fire Training Academy; and coordinate fire service resources during large fires and disasters through the state’s Fire Resource Mobilization Plan.

Summary of Bill (Recommended Amendments): The state Fire Marshall must adopt licensing standards that:

• allow children who attend classes in a school building during school hours to remain in the same building to participate in before-school or after-school programs; and

• allow children who attend other schools and are transported to attend before-school or after-school programs to participate in those programs in the school building.

EFFECT OF CHANGES MADE BY GOVERNMENTAL OPERATIONS COMMITTEE (Recommended Amendments): Allows children who attend one school and are transported to another school to participate in before-school and after-school programs at that school.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Engrossed Substitute House Bill: PRO: This bill comes from the YMCA, which operates after-school programs. In some older schools that children currently attend, the Fire Marshall did not certify the space as acceptable for after-school programs because of fire codes for after-school programs. Children are at the school all day and then at 2:30 p.m. the children can no longer stay at the school for an after-school program because of the Fire Marshall's rules. This bill directs the Fire Marshall to develop licensing standards that allow children who are attending such schools to remain there for an after-school program. A suggested amendment would allow children to also be brought from other schools to attend those after-school programs.

Persons Testifying: PRO: Representative Kagi, prime sponsor; David Foster, YMCA.