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90_SB1512
225 ILCS 10/3 from Ch. 23, par. 2213
Amends the Child Care Act of 1969. Provides that to
encourage the establishment of employer sponsored child care
facilities, the Department of Children and Family Services
shall grant waivers of licensing regulations to small
businesses if the business agrees to alternative rules and
maintains the children's health and safety. Effective
immediately.
LRB9011248PTsb
LRB9011248PTsb
1 AN ACT to amend the Child Care Act of 1969 by changing
2 Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Child Care Act of 1969 is amended by
6 changing Section 3 as follows:
7 (225 ILCS 10/3) (from Ch. 23, par. 2213)
8 Sec. 3. License or permit requirement.
9 (a) No person, group of persons or corporation may
10 operate or conduct any facility for child care, as defined in
11 this Act, without a license or permit issued by the
12 Department or without being approved by the Department as
13 meeting the standards established for such licensing, with
14 the exception of (i) facilities for whom standards are
15 established by the Department of Corrections under Section
16 3-15-2 of the Unified Code of Corrections, (ii) and with the
17 exception of facilities defined in Section 2.10 of this Act,
18 (iii) and with the exception of programs or facilities
19 licensed by the Department of Human Services under the
20 Alcoholism and Other Drug Abuse and Dependency Act, and (iv)
21 facilities exempted under subsection (e) by the Department.
22 (b) No part day child care facility as described in
23 Section 2.10 may operate without written notification to the
24 Department or without complying with Section 7.1.
25 Notification shall include a notarized statement by the
26 facility that the facility complies with state or local
27 health standards and state fire safety standards, and shall
28 be filed with the department every 2 years.
29 (c) The Director of the Department shall establish
30 policies and coordinate activities relating to child care
31 licensing, licensing of day care homes and day care centers.
-2- LRB9011248PTsb
1 (d) Any facility or agency which is exempt from
2 licensing may apply for licensing if licensing is required
3 for some government benefit.
4 (e) To encourage and facilitate the establishment of
5 employer sponsored child care facilities, the Department, by
6 rule, shall grant reasonable waivers of those regulations
7 presenting difficulties to small businesses' applications for
8 a license or permit, provided that the health and safety of
9 the children is maintained and that the small business has
10 agreed to alternative methods, approved by rule, of meeting
11 the purpose of any waived regulation.
12 For the purpose of this subsection, "small business" has
13 the meaning provided in Section 1-75 of the Illinois
14 Administrative Procedure Act.
15 (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.