S T A T E O F N E W Y O R K
________________________________________________________________________
9201
I N A S S E M B L Y
February 3, 2016
___________
Introduced by M. of A. RICHARDSON -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to security depos-
its collected by child day care providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
390-j to read as follows:
S 390-J. REQUIRING CHILD DAY CARE PROVIDERS TO ESCROW CERTAIN SECURITY
DEPOSITS. 1. CHILD DAY CARE PROVIDERS, LICENSED OR REGISTERED PURSUANT
TO THIS TITLE, THAT COLLECT ADVANCE SECURITY DEPOSITS OF AN AMOUNT IN
EXCESS OF, BUT NOT EQUAL TO, THE FEE FOR TWO WEEKS OF CHILD CARE
SERVICES ARE REQUIRED TO DEPOSIT THE DIFFERENCE BETWEEN THE FEE FOR TWO
WEEKS OF SERVICES AND THE TOTAL AMOUNT OF THE REQUIRED SECURITY DEPOSIT
INTO AN ESCROW ACCOUNT WHICH SHALL NOT BE MINGLED WITH THE PERSONAL
MONIES OR BECOME AN ASSET OF THE DAY CARE PROVIDER.
2. THE CHILD DAY CARE PROVIDER MUST COMPLY WITH THE REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION AND, PRIOR TO TERMINATION OF SERVICES BY
THE CHILD'S PARENT OR GUARDIAN MUST:
(A) PROVIDE CHILD CARE SERVICES EQUAL TO THE AMOUNT OF TIME COVERED BY
THE TOTAL AMOUNT OF THE SECURITY DEPOSIT; OR
(B) RETURN THE EXCESS SECURITY DEPOSIT PLUS ACCRUED INTEREST; OR
(C) RETURN THE TOTAL AMOUNT OF THE SECURITY DEPOSIT PLUS ACCRUED
INTEREST ON THE EXCESS SECURITY DEPOSIT.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03033-01-5
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