Assembly Bill No. 392

Assembly Bill No. 392-Committee on Health and Human Services

April 21, 1997
____________

Referred to Committee on Health and Human Services

SUMMARY--Revises provisions governing imposition of administrative sanctions against child care facilities. (BDR 38-1476)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public safety; providing for the imposition of additional administrative sanctions against child care facilities for certain violations of statutes and regulations; revising the procedure for the imposition of administrative sanctions against child care facilities; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If a child care facility violates any statute of this state or regulation of the board, the bureau may, in accordance with the regulations adopted pursuant to section 3 of this act:
(a) Prohibit the facility from enrolling any child in the facility until the bureau determines that the facility has corrected the violation;
(b) Limit the number of children enrolled in the facility to the number of children enrolled when the violation occurred, until the bureau determines that the facility has corrected the violation; and
(c) Impose an administrative penalty of not more than $1,000 per day for each violation.
2. If a child care facility fails to pay any administrative penalty imposed pursuant to subsection 1, the bureau may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorney's fees and other costs incurred to collect the administrative penalty.
3. The bureau may require any child care facility that violates any statute of this state or regulation of the board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and deposited with the state treasurer for credit to the children's trust account created pursuant to NRS 432.131.
Sec. 3. The board shall adopt regulations establishing the criteria for imposition of each sanction prescribed by section 2 of this act. The regulations must:
1. Prescribe the circumstances and manner in which each sanction applies;
2. Minimize the time between the identification of a violation and the imposition of a sanction;
3. Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and
4. Provide for less severe sanctions for lesser violations of applicable statutes or regulations.
Sec. 4. 1. Except as otherwise provided in subsection 2:
(a) If the bureau proposes to deny, suspend or revoke a license for a child care facility or impose any sanction prescribed by section 2 of this act, the bureau shall provide reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the proposed action.
(b) The aggrieved person may file with the chief a request for a hearing of the matter within 10 calendar days after receipt of the notice required by paragraph (a).
(c) The chief shall hold such a hearing within 30 calendar days after receipt of the request for a hearing pursuant to paragraph (b).
(d) Notice of the hearing must be given to the aggrieved person no less than 5 days before the date set for the hearing.
2. Subsection 1 does not apply to a proposed action of the bureau if the bureau determines that the action must be taken immediately to protect the public health or safety.
Sec. 5. NRS 432A.200 is hereby amended to read as follows:
432A.200 1. When the bureau denies, suspends or revokes a license for a child care facility [,] or imposes any sanction prescribed by section 2 of this act, the bureau shall [afford] provide reasonable notice to all parties by certified mail . [, which] The notice must contain the legal authority, jurisdiction and reasons for the action taken.
2. The aggrieved person may file notice of appeal with the chief within 10 calendar days after receipt of notice of action of the bureau.
3. Within 20 calendar days after the receipt of the notice of appeal, the chief shall hold a hearing.
4. Notice of the hearing must be given no less than 5 days before the date set for the hearing.
Sec. 6. NRS 432A.220 is hereby amended to read as follows:
432A.220 Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and sections 2, 3 and 4 of this act, is guilty of a misdemeanor.
Sec. 7. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6, the smoking of tobacco in any form is prohibited [if done] in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
2. The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
8. As used in this section:
(a) "Child care facility" means an establishment licensed [pursuant to chapter 432A of NRS to provide care for 13 or more children.] by:
(1) A city or county pursuant to NRS 432A.131; or
(2) The bureau of services for child care of the division of child and family services of the department of human resources pursuant to NRS 432A.141 or 432A.160.
(b) "Licensed gaming establishment" has the meaning ascribed to it in NRS 463.0169.
(c) "Public building" means any building or office space owned or occupied by:
(1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.
(2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the state and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) "School bus" has the meaning ascribed to it in NRS 483.160.
Sec. 8. The board for child care and administrative officers of the division of child and family services of the department of human resources shall use their best efforts to ensure that the regulations required by section 3 of this act are adopted and become effective no later than January 1, 1998.
Sec. 9. This act becomes effective on July 1, 1997.