Full Text of SB2321 99th General Assembly
SB2321sam004 99TH GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 5/9/2016
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| 1 | | AMENDMENT TO SENATE BILL 2321
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2321, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Child Care Act of 1969 is amended by | 6 | | changing Sections 2.09 and 3 as follows:
| 7 | | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
| 8 | | Sec. 2.09.
"Day care center" means any child care facility | 9 | | which regularly
provides day care for less than 24 hours per | 10 | | day for (1) more than 8 children
in a family home, or (2) more | 11 | | than 3 children in a facility other than a
family home, | 12 | | including senior citizen buildings. The term does not include
| 13 | | (a)
programs operated by (i) public or private elementary | 14 | | school systems or
secondary level school units or institutions | 15 | | of higher learning that
serve children who shall have attained | 16 | | the age of 3 years or (ii) private
entities on the grounds of |
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| 1 | | public or private elementary or
secondary schools and that | 2 | | serve children who have attained the age of 3
years, except | 3 | | that this exception applies only to the facility and not to the
| 4 | | private entities' personnel operating the program;
(b)
| 5 | | programs
or that portion of the program which serves children | 6 | | who shall have attained
the age of 3 years and which are | 7 | | recognized by the State Board of Education;
(c) educational | 8 | | program or programs serving children who shall have attained
| 9 | | the age of 3 years and which are operated by a school which is | 10 | | registered
with the State Board of Education and which is | 11 | | recognized or accredited
by a recognized national or multistate
| 12 | | educational organization or association which regularly | 13 | | recognizes or accredits
schools; (d) programs which | 14 | | exclusively serve or that portion of the
program which serves | 15 | | children with disabilities who shall have attained the age
of 3 | 16 | | years but are less than 21 years of age and which are | 17 | | registered and
approved as meeting standards of the State Board | 18 | | of Education and
applicable fire marshal standards; (e) | 19 | | facilities operated in connection
with a shopping center or | 20 | | service, religious services, or other similar
facility, where | 21 | | transient children are cared for temporarily while parents
or | 22 | | custodians of the children are occupied on the premises and | 23 | | readily
available; (f) any type of day care center that is
| 24 | | conducted on federal government premises; (g) special | 25 | | activities
programs, including athletics, crafts instruction | 26 | | and similar activities
conducted on an organized and periodic |
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| 1 | | basis by civic, charitable and
governmental organizations; (h) | 2 | | part day child care facilities, as
defined in Section 2.10 of | 3 | | this Act; or (i) programs or that portion of
the program which | 4 | | (1) serves children who shall have attained the age of
3 years, | 5 | | (2) is operated by churches or religious institutions as | 6 | | described
in Section 501 (c) (3) of the federal Internal | 7 | | Revenue Code, (3) receives
no governmental aid, (4) is operated | 8 | | as a component of a religious, nonprofit
elementary school, (5) | 9 | | operates primarily to provide religious education,
and (6) | 10 | | meets appropriate State or local health and fire safety | 11 | | standards ; or (j) programs or portions of programs that: (1) | 12 | | serve only school-age children and youth (defined as full-time | 13 | | kindergarten children, as defined in 89 Ill. Adm. Code 407.45, | 14 | | or older), (2) are organized to promote childhood learning, | 15 | | child and youth development, educational or recreational | 16 | | activities, or character-building, (3) operate primarily | 17 | | during out-of-school time or at times when school is not | 18 | | normally in session, (4) comply with the standards of the | 19 | | Illinois Department of Public Health (77 Ill. Adm. Code 750) or | 20 | | the local health department, the Illinois State Fire Marshal | 21 | | (41 Ill. Adm. Code 100), and the following additional health | 22 | | and safety requirements: procedures for employee and volunteer | 23 | | emergency preparedness and practice drills; procedures to | 24 | | ensure that first aid kits are maintained and ready to use; the | 25 | | placement of a minimum level of liability insurance as | 26 | | determined by the Department; procedures for the availability |
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| 1 | | of a working telephone that is onsite and accessible at all | 2 | | times; procedures to ensure that emergency phone numbers are | 3 | | posted onsite; and a restriction on handgun or weapon | 4 | | possession onsite, except if possessed by a peace officer, (5) | 5 | | perform and maintain authorization and results of criminal | 6 | | history checks through the Illinois State Police and FBI and | 7 | | checks of the Illinois Sex Offender Registry, the National Sex | 8 | | Offender Registry, and Child Abuse and Neglect Tracking System | 9 | | for employees and volunteers who work directly with children, | 10 | | (6) make hiring decisions in accordance with the prohibitions | 11 | | against barrier crimes as specified in Section 4.2 of this Act | 12 | | or in Section 21B-80 of the School Code, (7) provide parents | 13 | | with written disclosure that the operations of the program are | 14 | | not regulated by licensing requirements, and (8) obtain and | 15 | | maintain records showing the first and last name and date of | 16 | | birth of the child, name, address, and telephone number of each | 17 | | parent, emergency contact information, and written | 18 | | authorization for medical care. | 19 | | Programs or portions of programs requesting Child Care | 20 | | Assistance Program (CCAP) funding and otherwise meeting the | 21 | | requirements under (j) shall request exemption from the | 22 | | Department and be determined exempt prior to receiving funding | 23 | | and must annually meet the eligibility requirements and be | 24 | | appropriate for payment under the CCAP. | 25 | | Programs or portions of programs under (j) that do not | 26 | | receive State or federal funds must comply with staff |
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| 1 | | qualification and training standards established by rule by the | 2 | | Department of Human Services. The Department of Human Services | 3 | | shall set such standards after review of Afterschool for | 4 | | Children and Teens Now (ACT Now) evidence-based quality | 5 | | standards developed for school-age out-of-school time | 6 | | programs, feedback from the school-age out-of-school time | 7 | | program professionals, and review of out-of-school time | 8 | | professional development frameworks and quality tools. | 9 | | Out-of-school time programs for school-age youth that | 10 | | receive State or federal funds must comply with only those | 11 | | staff qualifications and training standards set for the program | 12 | | by the State or federal entity issuing the funds .
| 13 | | For purposes of (a), (b), (c), (d) and (i) of this Section,
| 14 | | "children who shall have attained the age of 3 years" shall | 15 | | mean children
who are 3 years of age, but less than 4 years of | 16 | | age, at the time of
enrollment in the program.
| 17 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 18 | | (225 ILCS 10/3) (from Ch. 23, par. 2213)
| 19 | | Sec. 3.
(a) No person, group of persons or corporation may | 20 | | operate or
conduct any facility for child care, as defined in | 21 | | this Act, without a
license or permit issued by the Department | 22 | | or without being approved by
the Department as meeting the | 23 | | standards established for such licensing,
with the exception of | 24 | | facilities for whom standards are established by the
Department | 25 | | of Corrections under Section 3-15-2 of the Unified Code of
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| 1 | | Corrections and with the exception of facilities defined in | 2 | | Section 2.10
of this Act, and with the exception of programs or | 3 | | facilities licensed by
the Department of Human Services under | 4 | | the Alcoholism
and Other Drug Abuse and Dependency Act.
| 5 | | (b) No part day child care facility as described in Section | 6 | | 2.10 may operate
without written notification to the Department | 7 | | or without complying with
Section 7.1. Notification shall | 8 | | include a notarized statement by the facility
that the facility | 9 | | complies with state or local health standards and state
fire | 10 | | safety standards, and shall be filed with the department every | 11 | | 2 years.
| 12 | | (c) The Director of the Department shall establish policies | 13 | | and coordinate
activities relating to child care licensing, | 14 | | licensing of day care homes
and day care centers.
| 15 | | (d) Any facility or agency which is exempt from licensing | 16 | | may apply for
licensing if licensing is required for some | 17 | | government benefit. | 18 | | (e) A provider of day care described in items (a) through | 19 | | (j) of Section 2.09 of this Act is exempt from licensure. The | 20 | | Department shall provide written verification of exemption and | 21 | | description of compliance with standards for the health, | 22 | | safety, and development of the children who receive the | 23 | | services upon submission by the provider of, in addition to any | 24 | | other documentation required by the Department, a notarized | 25 | | statement that the facility complies with: (1) the standards of | 26 | | the Department of Public Health or local health department, (2) |
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| 1 | | the fire safety standards of the State Fire Marshal, and (3) if | 2 | | operated in a public school building, the health and safety | 3 | | standards of the State Board of Education.
| 4 | | (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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