Kansas House passes “Lexie’s Law”

By Earl Glynn on May 12, 2010

After passing the 1% increase in sales tax very early Tuesday, the Kansas House at 2:15 AM addressed HB 2356, otherwise known as Lexie’s Law.

The purpose of the bill was to improve inspections of child care facilities in Kansas after preventable deaths had occurred.

The current bill was a Senate Substitute for HB 2356 that had a hearing by the House Health and Human Services Committee only on April 28-29.

Late last week a conference committee was still working out differences between the House and Senate. The Senate passed those changes on Saturday.

The bill passed the House after about 20 minutes of discussion and is now headed to the governor for his signature.

Listen to the three proponents and one opponent to the bill below:

State Rep. Brenda Landwehr (R-Wichita), Proponent
Chair, Health and Human Services Committee

Conference Committee on Friday afternoon in the Speaker's Ofifice working out House/Senate differences in HB 2356 (Lexie's Law)

Audio clip: 6:46

Bill to be known as Lexie’s Law.
Eliminates the category of registered family day care homes.
Creates a transition process for all currently registered homes to become licensed.
Establishes requirements for competent supervision for children under 5 years old through KDHE rules and regulations process.
Bill establishes renewal criteria.
Bill defines transition process to inspect all currently registered homes.
License will be changed to show expiration date.
Bill requires establishment of online information dissemination system.
Bill requires fire extinguisher.
Bill requires establishment of rules and regulations to require sudden infant death syndrome (SIDS) training and safe sleep practices training.
Bill requires all individuals to have high school education or equivalent for new homes (not required for existing homes).
Establishes new fee fund to pay for licensing activities.
Fees will increase.
Bill becomes effective upon publication in statute books.
Apologized for no opportunity for debate about bill on house floor.

Health and Human Services Committee met on April 28, the beginning of the veto session, to discuss the Senate Substitute for HB 2356

State Rep. Geraldine Flaharty (D-Wichita), Proponent
Ranking Member, Health and Human Services Committee

Audio clip 1:33

State Rep. Cindy Neighbor, Proponent

Audio clip 2:57

Bill is critical for those with child care homes.
Those who were licensed learned new things with every inspection.
Bill will address some education components about child safety and sleep practices.
Bill requires railings with stairs.
Bill requires toxic or hazardous materials to be in a safe location.
Thanked Chairwoman Landwehr: “She went the extra mile.”
Bill is a compromise. Some who originally opposed bill no longer do.

Audio clip 9:17

“This is clunker bill 2010. Please look at this. Look at the provisions.”
“It says … we’re going to put a list so that every pervert or anybody that wants to look online and see where there might be a woman and six children …. living … We’re going to leave that to rules and regs to see whether KDHE is going to get it right or not.”
Otto talked about a 6-year battle with KDHE that may have affected matters: “Johnson County didn’t have the authority to suspend the woman’s license. This doesn’t allow it either.”
Otto worried about unintended consequences of bill. KDHE investigates someone registered. If not, it’s a law enforcement issue.
Otto didn’t think the bill would result in more being registered, or an increased frequency of inspections.
“Does this improve childcare?”
“Most registered homes don’t know this is on the radar screen.”
“Tough economy. We’re going to raise fees on people.”
“KDHE does not need to be given a blank check to do rules and regulations.”
“Let’s bring this back next year. Let’s really do it right’

Brenda Landwehr (closing and vote)

Audio clip 2:22 (edited for length)

Clarified details of online database in section 18 of the bill. Intent is to have searchable database without releasing private and confidential information about daycare providers.

HB 2356 passed with 66 voting “yes” and 56 voting “no.”

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