HB63 Alabama 2023 Session

Summary

Primary Sponsor

Jeremy GrayRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to child-care facilities; to add Section 38-7-3.1 to the Code of Alabama 1975; to exempt certain child-care facilities that provide instructional cultural arts programs from licensure requirements; to require exempt child-care facilities to comply with fire and health codes and certain other policies; to require exempt child-care facilities to provide notice that the facility is not licensed and to require parents to submit an affidavit confirming the notice; to require the Department of Human Resources to inspect certain exempt child-care facilities; and to allow the district attorney to investigate certain allegations against an exempt child-care facility.

Summary

HB63 would allow some cultural arts instructional facilities to operate without a childcare license, but only if they meet safety requirements and oversight provisions.

What This Bill Does

The bill creates an exemption from licensure for certain child-care facilities that offer cultural arts programs if the program is strictly instructional and the facility does not present itself as providing child care. Exempt facilities must follow fire and health codes, criminal background checks, insurance requirements, and must notify parents of their exempt status, with parents signing an affidavit confirming they were notified. The Department of Human Resources must inspect new exempt facilities before they operate and may inspect others with reasonable cause; the District Attorney can investigate allegations against exempt facilities. Facilities must maintain records, post a public notice that they are not licensed, and annual affidavits must be filed; 30 days prior notice is required for new facilities, and DRH and DA have specific oversight and enforcement roles.

Who It Affects

• Exempt child-care facilities that provide instructional cultural arts programs (e.g., art, dance, gymnastics, martial arts, music) and meet the listed conditions
• Parents/guardians of children attending these exempt facilities, who must be notified of the exemption and sign an affidavit confirming receipt of notice

Key Provisions

• Adds Section 38-7-3.1 to exempt certain cultural arts instructional facilities from licensure if programs are strictly instructional, focus on a single skill or related skills, do not advertise as licensed child care, and do not provide unrelated services (e.g., homework help; meals are not provided, though ready-to-eat snacks may be allowed).
• State funds restriction: facilities that receive state or federal funds are not exempt from licensure under this section.
• Maintenance of exemption: facilities must annually notify fire and health departments, maintain records (employee criminal history, insurance, inspection reports), post a public statement that they are not regulated by the Department of Human Resources, and collect annual affidavits from parents confirming notice.
• New facility requirements: any new exempt facility must notify the Department of Human Resources at least 30 days before starting operation, and the department must inspect before operation.
• Ongoing oversight: the Department of Human Resources may inspect exempt facilities at any time if there is reasonable cause to believe noncompliance or risk to a child; if risks are found, the department may refer the facility to fire/health departments or the district attorney.
• Enforcement and investigation: the district attorney may investigate allegations against an exempt facility; the department must provide necessary documentation to the DA upon request; facilities must provide requested information within 15 days.
• Effective date: the act becomes law on the first day of the third month after it passes and is approved by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child care facilities; facilities offering certain cultural arts instruction exempt from certain licensing requirements