Fiscal Note & Local Impact Statement

125 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 Phone: (614) 466-3615

Internet Web Site: http://www.lsc.state.oh.us/

BILL:

Sub. H.B. 11

DATE:

November 12, 2003

STATUS:

As Passed by the House

SPONSOR:

Rep. Jerse

LOCAL IMPACT STATEMENT REQUIRED:

No ó

Minimal cost

 


CONTENTS:

Creates the offenses of misrepresentation by a child day-care provider, failure of a child day-care center to disclose the death or serious injury of a child, and failure of a type A or type B family day-care home to disclose the death or serious injury of a child

 

State Fiscal Highlights

 

STATE FUND

FY 2004

FY 2005

FUTURE YEARS

General Revenue Fund

†††† Revenues

Potential negligible

gain

Potential negligible

gain

Potential negligible annual gain

†††† Expenditures

Potential one-time increase, minimal at most

- 0 -

- 0 -

Victims of Crime/Reparations Fund (Fund 402)

†††† Revenues

Potential negligible

gain

Potential negligible

gain

Potential negligible annual gain

†††† Expenditures

- 0 -

- 0 -

- 0 -

Note:The state fiscal year is July 1 through June 30.For example, FY 2004 is July 1, 2003 Ė June 30, 2004.

 

        Department of Job and Family Services expenditures.The requirement that the Department of Job and Family Services adopt rules specifying a procedure for reporting injuries to children that occur at child day-care centers appears likely to create no more than a potential minimal one-time expenditure increase.

        State court cost revenues.Given the potential number of additional child day-care providers that might be convicted as a result of the bill appears to be very small, any annual gain in court cost revenues deposited to the credit of the stateís General Revenue Fund (GRF) and the Victims of Crime/Reparations Fund (Fund 402) would be negligible.


Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2004

FY 2005

FUTURE YEARS

Counties and Municipalities

†††† Revenues

Potential gain, at most minimal

Potential gain, at most minimal

Potential annual gain, at most minimal

†††† Expenditures

Potential increase, at most minimal

Potential increase, at most minimal

Potential annual increase, at most minimal

Note:For most local governments, the fiscal year is the calendar year.The school district fiscal year is July 1 through June 30.

 

        Local expenditures.Although annual county and municipal criminal justice expenditures related to investigating, prosecuting, adjudicating, defending (if indigent), and sanctioning certain day-care entities may rise, such an increase, should it occur, would be minimal at most, as the number of affected cases appears to be very small.

        Day-care pre-admittance disclosure and post-admittance notice requirements.It would not appear that the billís pre-admittance disclosure and post-admittance notice requirements will create a costly new burden for any day-care facilities or programs that are operated by local governments.In most cases, a day-care facility or program should find it fairly easy and inexpensive to assemble, update, and distribute certain information on its day-care operation and services, including the provision of timely notices of the death or serious injury of a child to certain persons.

        Local revenues.Counties and municipalities may collect additional court cost and fine revenues from day-care entities that violate the billís prohibitions.Given, however, that the number of new convictions resulting from the bill will likely be very small, any gain in local court cost and fine revenues collected annually would be no more than minimal.

 



 

Detailed Fiscal Analysis

 

The bill most notably creates the following three new offenses:

(1)   Misrepresentation by a child day-care provider, a misdemeanor of the first degree.

(2)   Failure of a type A or type B family day-care home to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.

(3)   Failure of a child day-care center to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.

 

Charging certain child day-care entities generally

 

Rather than creating new criminal cases, it would appear that the new offenses created by the bill relative to the actions of a child day-care provider, a type A or type B family day-care home, or a child day-care center will primarily permit a prosecuting attorney to stack more charges against an individual and possibly secure a more serious punishment than might otherwise have occurred under current law.

 

Misrepresentation by a child day-care provider

 

††††††††††† Under the bill, a child day-care provider who knowingly misrepresents to specified persons any factor or condition that relates to the provision of child day-care and that substantially affects the health or safety of any child or children in that providerís facility or receiving child day-care from that provider is guilty of misrepresentation by a child day-care provider, a misdemeanor of the first degree.

 

While it is possible that a child day-care provider could be charged solely with the offense of misrepresentation by a child day-care provider, it appears more likely that the new misrepresentation offense would be used in combination with existing law intended to protect children, including prohibitions against child endangering.Thus, it seems unlikely that the new misrepresentation offense will create many, if any, new cases for local criminal justice systems to handle.

 

Failure to disclose the death or serious injury of a child

 

Under the bill, a child day-care center licensee or a type A or type B family day-care home who knowingly fails to disclose the death or serious injury of a child or to provide notice of the death or serious injury of a child to specified persons and entities is guilty of failure to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.

 

It appears that, similar to the offense of misrepresentation, these two new offenses of failure to disclose or provide notice in relation to the death or serious injury of a child will not create many, if any, new criminal cases.It appears very likely that these two new offenses of failure to disclose would be used in conjunction with existing law, including prohibitions against child endangering.

Day-care requirements and immunity

 

††††††††††† The bill also:

 

        Requires type A and type B family day-care homes to make certain pre-admittance disclosures and to provide certain post-admittance notices to specified persons.

        Requires day-care center licensees to make certain pre-admittance disclosures to the person responsible for a child only if the person requests the information and requires post-admittance notice to specified persons if a currently enrolled child dies.

        Specifies the circumstances under which certain day-care entities are not subject to prosecution or are not subject to civil liability.

        Requires the Director of Job and Family Services to adopt rules specifying a procedure for reporting injuries to children that occur at child day-care centers.

 

Local fiscal effects

 

††††††††††† Expenditures

 

The new offenses created by the bill appear unlikely to generate significant fiscal burdens for county and municipal criminal justice systems.A few new misdemeanor cases may be created, but most likely these new offenses would provide a prosecuting attorney with additional charges that could be filed against certain child day-care entities whose actions already rise to the level of criminal conduct under current law.Thus, to the degree that the bill will affect annual county and municipal expenditures related to the adjudication, prosecution, defense (if indigent), and sanctioning of certain day-care entities, it would be to cause, at most, a minimal increase.

 

It would not appear that the billís pre-admittance disclosure and post-admittance notice requirements will create a costly new burden for any day-care facilities or programs that are operated by local governments.One would think that, in most cases, a day-care facility or program could fairly easily and inexpensively assemble, update, and distribute certain information on its day-care operation and services, including the provision of timely notices of the death or serious injury of a child to specified persons.

 

††††††††††† Revenues

 

If additional misdemeanor convictions are secured as a result of the bill, then counties and municipalities may gain court cost and fine revenues.As it appears that the number of additional convictions will be very small, any additional court cost and fine revenues that might be collected by counties and municipalities annually would be minimal at most.


State fiscal effects

 

Expenditures

 

The requirement that the Department of Job and Family Services adopt rules specifying a procedure for reporting injuries to children that occur at child day-care centers appears likely to create no more than a potential minimal one-time expenditure increase.

 

Revenues

 

In addition to any fines and local court costs charged, offenders must pay locally collected state court costs. State court costs for a misdemeanor conviction total $24, of which $9 is deposited to the credit of the Victims of Crime/Reparations Fund and $15 is deposited to the credit of the General Revenue Fund (GRF).Given that relatively few, if any, additional misdemeanor convictions appear likely to occur as a result of the bill, at most, a negligible amount of state court cost revenues may be collected annually and deposited to the credit of the GRF and the Victims of Crime/Reparations Fund.

 

 

 

LSC fiscal staff:Laura A. Potts, Budget Analyst

 

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