An Act To Change the Child Care Facility Licensing Laws
Maine Legislature, Session 122, LD 0359
Committee Amendment CA_A_H346 (House)
Amends: 22 MRSA §7802, 22 MRSA §8301-A, 22 MRSA §8303-A, 22 MRSA §8402

COMMITTEE AMENDMENT "4,, to H.P. 272, L.D. 359, 
Act To Change the Child Care Facility Licensing Laws" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 22 MRSA §7802, sub-§2, 1JB, as amended by PL 1999, c. 
599, §l, is further amended to read: 
B. 
The terms of full licenses or approvals are as follows. 
(1) 
Except as provided in subparagraphs (2) r--{-3-}--aBEi 
~4+ to (6), the term of all full licenses and approvals 
issued pursuant to this chapter is for one year or the 
rema~n~ng period 
of 
a 
conditional 
or 
provisional 
license that has been issued for less than one year. 
(2) 
The 
term of 
a 
residential child care facility 
license is for 2 years. 
(3) 
The term of a drug treatment center license may be 
for either one or 2 years. 
(4) 
The term of a family foster horne or specialized 
foster horne license is for 2 years. 
Page l-LR1275(2) 
COMMITTEE AMENDMENT 
~~,~-~. 
COMMITTEE AMENDMENT .. 4 .. to H.P. 272, L.n. 359 
(5) 
The term of a child care facility license issued 
under section 8301-A, subsection 2 is for 2 years. 
(6) 
The term of a home day care certificate issued 
under section 8301-A, subsection 3 is for 2 years. 
Sec. 2. 22 MRSA §8301-A, sub-§2, as amended by PL 2001, c. 
645, §6, is further amended to read: 
2. 
Child care facility licensure. 
The owner or operator of 
a child care facility shall pay the licensing fee required under 
section 8303-A. 
A child care facility must be licensed under 
this chapter and must 
comply with the rules adopted by the 
commissioner 
under 
section 
8302-A 
and 
the 
fire 
safety 
requirements of section 8304-A. 
The department shall make at 
least 
one 
unannounced 
inspection of 
a 
child 
care 
facility 
licensed under this chapter during the term of the license. 
The 
inspection must take place between 6 and 18 months after the 
issuance of the license. 
Except as otherwise provided, a nursery 
school must meet the requirements of this chapter and chapter 
1675. 
Sec. 3. 22 MRSA §8301-A, sub-§3, as enacted by PL 1997, c. 
494, §8 and affected by §15, is amended to read: 
3. 
Home day care provider certification. 
A home day care 
provider shall pay the certification fee required under section 
8303-A. 
A home day care provider must be certified under this 
chapter 
and 
shall 
comply 
with 
the 
rules 
adopted 
by 
the 
commissioner 
under 
section 
8302~A 
and 
the 
fire 
safety 
requirements of section 8304-A. 
The department shall make at 
least one unannounced inspection of a 
home day care provider 
certified under this chapter during the term of the certificate. 
The inspection must take place between 6 and 18 months after the 
issuance of the certificate. 
Sec. 4. 22 MRSA §8303-A, as amended by PL 1997, c. 494, §12 
and affected by §15, is further amended to read: 
§8303-A. 
Fee for licenses 
gy-~~~~~~-~'--~~~r-~Re The department shall adopt rules to 
establish 
reasonable 
fees 
for 
both 
initial 
licensure 
or 
certification and license or certification renewals for 
Qay-ea~e 
eeB~e~6T child care facilities, 
nursery schools and certified 
home day care providers. 
Rules adopted pursuant to this section 
are major substantive rules pursuant to Title 5, chapter 375, 
subchapter ~~-A 2-A. 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT .. /f .. to H.P. 272, L.D. 359 
Sec. 5. 22 MRSA §8402, sub-§3, 1fE, as amended by PL 2001, c. 
645, §10, is further amended to read: 
E. 
The nursery school meets, aBBtlally biennially, the fire 
safety requirements specified in section 8403, subsection 2. 
Sec. 6. 22 MRS A §8403, sub-§2, as amended by PL 1997, c . 72 8, 
§14, is further amended to read: 
2. 
Requirements. This written statement must be furnished 
aBBtlally biennially to the department and must indicate that the 
nursery school has complied with at least the requirements of the 
Life Safety Code of the National Fire Protection Association that 
are specified in: 
A. 
The family day care homes section, if the nursery school 
has at least 3 but no more than 6 children per session; 
B. 
The group day care homes section, if the nursery school 
has at least 7 but no more than 20 children per session; or 
C. 
The child day care centers section, if the nursery 
school has more than 20 children per session. 
Sec. 7. Biennial fees. 
By October 1, 2005, the Department of 
Health and Human Services shall assess biennial fees for full 
child care facility licenses, nursery school licenses and home 
day care certificates that must be twice the fees assessed for 
licenses 
and 
certificates 
that 
are 
issued 
annually. 
Notwithstanding the prov1s1ons of the Maine Revised Statutes, 
Title 22, section 8303-A, rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
SUMMARY 
This amendment extends 2-year certification to home day care 
providers, provides for unannounced inspections of certified home 
day care providers by the Department of Health and Human Services 
at least once during. the certification period, 
provides for 
biennial inspections 
by the State Fire Marshal's Office for 
nursery 
schools 
and 
certified 
home 
day 
care 
providers 
and 
provides for biennial full license and certificate fees. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Approved: 04119/05 ~ae 
LD359 
LR 1275(02) 
An Act To Change the Child Care Facility Licensing Laws 
Fiscal Note for Bill as Amended by Committee Amendment '.4' 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
2006-07 
($236,383) 
$236,383 
$236,383 
($236,383) 
Projections 
2007-08 
($245,838) 
$245,838 
Projections 
2008-09 
$245,838 
($245,838) 
Reflects the bill's requirement that child care facility licenses, nursery school licenses and home day care certificates be 
issued for a 2 year term. It is assumed General Fund undedicated revenue from these sources would double in the fIrst 
year of each two-year term, and be eliminated in the second year of the term. 
LR1275(2) - Fiscal Note - Page 1 of 1