093_SB1031

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 1        AN ACT concerning child care.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Child Care Act  of  1969  is  amended  by
 5    changing Sections 5.5 and 18 as follows:

 6        (225 ILCS 10/5.5)
 7        Sec. 5.5. Smoking in day care facilities.
 8        (a)  The General Assembly finds and declares that:
 9             (1)  The   U.S.   government   has  determined  that
10        secondhand tobacco smoke is  a  major  threat  to  public
11        health for which there is no safe level of exposure.
12             (2)  The   U.S.   Environmental   Protection  Agency
13        recently classified secondhand tobacco smoke  a  Class  A
14        carcinogen,  ranking  it with substances such as asbestos
15        and benzene.
16             (3)  According   to   U.S.    government    figures,
17        secondhand  tobacco  smoke  is  linked to the lung-cancer
18        deaths of an estimated 3,000 nonsmokers per year.
19             (4)  Cigarette smoke is a special risk to  children,
20        causing   between   150,000   and   300,000   respiratory
21        infections each year in children under 18 months old, and
22        endangering between 200,000 and one million children with
23        asthma.
24             (5)  The health of the children of this State should
25        not  be  compromised  by  needless exposure to secondhand
26        tobacco smoke.
27        (b)  Beginning January 1, 1994, It is a violation of this
28    Act for any  person,  on  any  day  when  the  center  is  in
29    operation,  to smoke tobacco in any area of a day care center
30    in which children are allowed, regardless of whether  or  not
31    any  children  are  present  at  that  moment.   A person who
 
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 1    violates this subsection (b) is guilty of a business  offense
 2    punishable by a fine of $1,000.
 3        (c)  Beginning January 1, 1994, It is a violation of this
 4    Act for any person to smoke tobacco in any area of a day care
 5    home  or  group  day care home in which day care services are
 6    being provided to children, while those children are present.
 7    This subsection does not prohibit smoking in the home in  the
 8    presence  of  a  person's own children or of children to whom
 9    day care services are not then being provided. A  person  who
10    violates  this subsection (c) is guilty of a business offense
11    punishable by a fine of $1,000.
12        (d)  It is  a  violation  of  this  Act  for  any  person
13    responsible  for the operation of a day care center, day care
14    home, or group day care home to knowingly allow or  encourage
15    any violation of subsection (b) or (c) of this Section.
16    (Source: P.A. 88-95.)

17        (225 ILCS 10/18) (from Ch. 23, par. 2228)
18        Sec.  18.   (a)  Except as provided in Section 5.5, a Any
19    person, group of persons, association or corporation who
20        (1)  conducts, operates or acts as a child care  facility
21    without  a license or permit to do so in violation of Section
22    3 of this Act;
23        (2)  makes materially false statements in order to obtain
24    a license or permit;
25        (3)  fails to keep  the  records  and  make  the  reports
26    provided under this Act;
27        (4)  advertises  any service not authorized by license or
28    permit held;
29        (5)  publishes any advertisement  in  violation  of  this
30    Act;
31        (6)  receives within this State any child in violation of
32    Section 16 of this Act; or
33        (7)  violates  any  other  provision  of  this Act or any
 
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 1    reasonable rule or regulation adopted and  published  by  the
 2    Department for the enforcement of the provisions of this Act,
 3    is  guilty  of  a  Class  A  misdemeanor  and  in  case of an
 4    association or corporation, imprisonment may be imposed  upon
 5    its officers who knowingly participated in the violation.
 6        Any  child  care facility that continues to operate after
 7    its license is revoked under Section 8 of this Act  or  after
 8    its  license  expires and the Department refused to renew the
 9    license as provided in Section 8 of this Act is guilty  of  a
10    business  offense  and  shall be fined an amount in excess of
11    $500 but not exceeding $10,000, and each day of violation  is
12    a separate offense.
13        In  a  prosecution under this Act, a defendant who relies
14    upon the relationship of any child to himself has the  burden
15    of proof as to that relationship.
16        (b)  A  person who violates Section 5.5 of this Act shall
17    be punished as provided in that Section.
18    (Source: P.A. 83-1362.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.