Illinois General Assembly - Full Text of SB2321
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Full Text of SB2321  99th General Assembly


Sen. Dave Syverson

Filed: 4/1/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2321 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Child Care Act of 1969 is amended by
5changing Sections 2.09 and 3 as follows:
6    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
7    Sec. 2.09. "Day care center" means any child care facility
8which regularly provides day care for less than 24 hours per
9day for (1) more than 8 children in a family home, or (2) more
10than 3 children in a facility other than a family home,
11including senior citizen buildings. The term does not include
12(a) programs operated by (i) public or private elementary
13school systems or secondary level school units or institutions
14of higher learning that serve children who shall have attained
15the age of 3 years or (ii) private entities on the grounds of
16public or private elementary or secondary schools and that



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1serve children who have attained the age of 3 years, except
2that this exception applies only to the facility and not to the
3private entities' personnel operating the program; (b)
4programs or that portion of the program which serves children
5who shall have attained the age of 3 years and which are
6recognized by the State Board of Education; (c) educational
7program or programs serving children who shall have attained
8the age of 3 years and which are operated by a school which is
9registered with the State Board of Education and which is
10recognized or accredited by a recognized national or multistate
11educational organization or association which regularly
12recognizes or accredits schools; (d) programs which
13exclusively serve or that portion of the program which serves
14children with disabilities who shall have attained the age of 3
15years but are less than 21 years of age and which are
16registered and approved as meeting standards of the State Board
17of Education and applicable fire marshal standards; (e)
18facilities operated in connection with a shopping center or
19service, religious services, or other similar facility, where
20transient children are cared for temporarily while parents or
21custodians of the children are occupied on the premises and
22readily available; (f) any type of day care center that is
23conducted on federal government premises; (g) special
24activities programs, including athletics, crafts instruction
25and similar activities conducted on an organized and periodic
26basis by civic, charitable and governmental organizations; (h)



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1part day child care facilities, as defined in Section 2.10 of
2this Act; or (i) programs or that portion of the program which
3(1) serves children who shall have attained the age of 3 years,
4(2) is operated by churches or religious institutions as
5described in Section 501 (c) (3) of the federal Internal
6Revenue Code, (3) receives no governmental aid, (4) is operated
7as a component of a religious, nonprofit elementary school, (5)
8operates primarily to provide religious education, and (6)
9meets appropriate State or local health and fire safety
10standards; or (j) programs or portions of programs that: (1)
11serve only school-age children and youth (defined as full-time
12kindergarten children, as defined in 89 Ill. Adm. Code 407.45,
13or older), (2) are operated by an entity organized to promote
14childhood learning, child and youth development, educational
15or recreational activities, or character-building, (3) operate
16primarily during out-of-school time or at times when school is
17not normally in session, (4) meet any appropriate State or
18local health and fire safety standards, (5) perform criminal
19background checks and sexual abuse and child abuse checks on
20all employees and volunteers who work with children, (6) have
21standards of care adopted by the governing body of the entity
22that, at a minimum, include staff ratios and staff training and
23have mechanisms for assessing and enforcing the program's
24compliance with the standards, (7) provide parents with written
25disclosure that the operations of the program are not regulated
26by licensing requirements, and (8) obtain records showing the



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1first and last name and date of birth of the child, name,
2address, and telephone number of each parent, emergency contact
3information, and written authorization for medical care.
4    Programs or portions of programs under the exemption in (j)
5that request funding from the Child Care Assistance Program
6(CCAP) must annually meet the eligibility requirements and be
7appropriate for payment under the CCAP.
8    For purposes of (a), (b), (c), (d) and (i) of this Section,
9"children who shall have attained the age of 3 years" shall
10mean children who are 3 years of age, but less than 4 years of
11age, at the time of enrollment in the program.
12(Source: P.A. 99-143, eff. 7-27-15.)
13    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
14    Sec. 3. (a) No person, group of persons or corporation may
15operate or conduct any facility for child care, as defined in
16this Act, without a license or permit issued by the Department
17or without being approved by the Department as meeting the
18standards established for such licensing, with the exception of
19facilities for whom standards are established by the Department
20of Corrections under Section 3-15-2 of the Unified Code of
21Corrections and with the exception of facilities defined in
22Section 2.10 of this Act, and with the exception of programs or
23facilities licensed by the Department of Human Services under
24the Alcoholism and Other Drug Abuse and Dependency Act.
25    (b) No part day child care facility as described in Section



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12.10 may operate without written notification to the Department
2or without complying with Section 7.1. Notification shall
3include a notarized statement by the facility that the facility
4complies with state or local health standards and state fire
5safety standards, and shall be filed with the department every
62 years.
7    (c) The Director of the Department shall establish policies
8and coordinate activities relating to child care licensing,
9licensing of day care homes and day care centers.
10    (d) Any facility or agency which is exempt from licensing
11may apply for licensing if licensing is required for some
12government benefit.
13    (e) A provider of day care described in items (a) through
14(j) of Section 2.09 of this Act is exempt from licensure, and
15the Department shall provide written verification of exemption
16and description of compliance with standards for the health,
17safety, and development of the children who receive the
18services upon submission by the provider of, in addition to any
19other documentation required by the Department, a notarized
20statement that the facility complies with: (1) the standards of
21the Department of Public Health or local health department, (2)
22the fire safety standards of the State Fire Marshal, and (3) if
23operated in a public school building, the health and safety
24standards of the State Board of Education.
25(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".