HOUSE BILL REPORT
HB 1959
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Early Learning & Children's Services
Title: An act relating to correcting provisions for the department of early learning.
Brief Description: Correcting provisions for the department of early learning.
Sponsors: Representatives Kagi, Haler, Pettigrew, Walsh, Kenney and Wood; by request of Department of Early Learning.
Brief History:
Early Learning & Children's Services: 2/13/07, 2/16/07 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON EARLY LEARNING & CHILDREN'S SERVICES
Majority Report: Do pass. Signed by 7 members: Representatives Kagi, Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Appleton, Hinkle, Pettigrew and Roberts.
Staff: Chris Alejano (786-7115).
Background:
The Department of Early Learning (DEL) was established in 2006 as an executive branch
agency whose primary duties are to implement early learning policy and to coordinate,
consolidate, and integrate child care and early learning programs to promote an efficient use
of funds. One-hundred-sixty-five full-time equivalent employees (FTE) transferred from the
Department of Social and Health Services (DSHS), 13.5 FTEs from the Department for
Community, Trade, and Economic Development (DCTED), and six new FTEs were pulled
together to create the new DEL. When this merge occurred, some of the authorities that were
granted under the originating agencies were not transferred over to the new Department of
Early Learning statute.
Summary of Bill:
Charging License Fees
The DEL is authorized to charge license fees to agencies requesting a license. The DEL will
regulate these fees and base them on the cost to the department for the license or licenses
requested.
Notification Authority Related to License Denial, Revocation, Suspension, or Modification
The DEL is authorized to give written notification of a license denial, revocation, suspension,
or modification and an adjudicative proceeding.
The action will take effect 28 days after notification has been received or longer if
specifically indicated by the DEL. Action can happen sooner than 28 days if specifically
indicated by the DEL and if it is necessary to protect the public health, safety, or welfare.
License applicants or licensees given notice of the denial, revocation, suspension, or
modification of a license are allowed an adjudicative proceeding and must request it in
writing within 28 days of receiving notification. If the appeal is received before its effective
date, action will not be taken until the final order has been determined. This does not apply
for license applicants or licensees that have been given less than 28 days notice. In these
instances, action can be taken on the stated effective date in the notification.
Notification Authority Related to Monetary Penalties
The DEL is authorized to give written notification of a civil monetary penalty and an
adjudicative proceeding when an agency has failed or refused to comply with licensing
requirements.
The fine is due 28 days after receiving notification or later if specifically indicated by the
DEL.
License applicants or licensees given notice of a civil monetary penalty are allowed an
adjudicative proceeding and must request it in writing within 28 days of receiving
notification. If the appeal is received before its effective date, action will not be taken until
the final order has been determined.
Background Checks
The DEL is authorized to make written requests for background check transcripts from the
state patrol.
Definitions
The DEL is included in the definition of state agency in the Release of Records for Research
statute which provides access to or provides copies of an individually identifiable personal
record for research purposes.
Recodified Sections
Powers and duties related to health protection of the Secretary of Health and duties related to
child care services of the DEL are recodified in the Department of Early Learning statute.
Repealed Section
The Licensed Day Care Centers—Notice of Pesticide Use section in the Department of Early
Learning statute is repealed.
Safe Passenger Loading Areas at Family Day Care Provider Facilities
The responsibility to certify a safe passenger loading area at a family day care provider
facility is transferred from the Office of Child Care Policy to the DEL.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In Support) This is a "technical fix" or "housekeeping" bill which transfers authorities
originally granted to the Department of Social and Health Services to the Department of
Early Learning.
(Opposed) None.
Persons Testifying: Representative Kagi, prime sponsor; Jone Bosworth, Department of Early Learning.