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


Sen. Dave Syverson

Filed: 5/9/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2321, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Child Care Act of 1969 is amended by
6changing 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
9which regularly provides day care for less than 24 hours per
10day for (1) more than 8 children in a family home, or (2) more
11than 3 children in a facility other than a family home,
12including senior citizen buildings. The term does not include
13(a) programs operated by (i) public or private elementary
14school systems or secondary level school units or institutions
15of higher learning that serve children who shall have attained
16the age of 3 years or (ii) private entities on the grounds of



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



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1basis by civic, charitable and governmental organizations; (h)
2part day child care facilities, as defined in Section 2.10 of
3this 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
6described in Section 501 (c) (3) of the federal Internal
7Revenue Code, (3) receives no governmental aid, (4) is operated
8as a component of a religious, nonprofit elementary school, (5)
9operates primarily to provide religious education, and (6)
10meets appropriate State or local health and fire safety
11standards; or (j) programs or portions of programs that: (1)
12serve only school-age children and youth (defined as full-time
13kindergarten children, as defined in 89 Ill. Adm. Code 407.45,
14or older), (2) are organized to promote childhood learning,
15child and youth development, educational or recreational
16activities, or character-building, (3) operate primarily
17during out-of-school time or at times when school is not
18normally in session, (4) comply with the standards of the
19Illinois Department of Public Health (77 Ill. Adm. Code 750) or
20the local health department, the Illinois State Fire Marshal
21(41 Ill. Adm. Code 100), and the following additional health
22and safety requirements: procedures for employee and volunteer
23emergency preparedness and practice drills; procedures to
24ensure that first aid kits are maintained and ready to use; the
25placement of a minimum level of liability insurance as
26determined by the Department; procedures for the availability



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1of a working telephone that is onsite and accessible at all
2times; procedures to ensure that emergency phone numbers are
3posted onsite; and a restriction on handgun or weapon
4possession onsite, except if possessed by a peace officer, (5)
5perform and maintain authorization and results of criminal
6history checks through the Illinois State Police and FBI and
7checks of the Illinois Sex Offender Registry, the National Sex
8Offender Registry, and Child Abuse and Neglect Tracking System
9for employees and volunteers who work directly with children,
10(6) make hiring decisions in accordance with the prohibitions
11against barrier crimes as specified in Section 4.2 of this Act
12or in Section 21B-80 of the School Code, (7) provide parents
13with written disclosure that the operations of the program are
14not regulated by licensing requirements, and (8) obtain and
15maintain records showing the first and last name and date of
16birth of the child, name, address, and telephone number of each
17parent, emergency contact information, and written
18authorization for medical care.
19    Programs or portions of programs requesting Child Care
20Assistance Program (CCAP) funding and otherwise meeting the
21requirements under (j) shall request exemption from the
22Department and be determined exempt prior to receiving funding
23and must annually meet the eligibility requirements and be
24appropriate for payment under the CCAP.
25    Programs or portions of programs under (j) that do not
26receive State or federal funds must comply with staff



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1qualification and training standards established by rule by the
2Department of Human Services. The Department of Human Services
3shall set such standards after review of Afterschool for
4Children and Teens Now (ACT Now) evidence-based quality
5standards developed for school-age out-of-school time
6programs, feedback from the school-age out-of-school time
7program professionals, and review of out-of-school time
8professional development frameworks and quality tools.
9    Out-of-school time programs for school-age youth that
10receive State or federal funds must comply with only those
11staff qualifications and training standards set for the program
12by 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
15mean children who are 3 years of age, but less than 4 years of
16age, 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
20operate or conduct any facility for child care, as defined in
21this Act, without a license or permit issued by the Department
22or without being approved by the Department as meeting the
23standards established for such licensing, with the exception of
24facilities for whom standards are established by the Department
25of Corrections under Section 3-15-2 of the Unified Code of



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1Corrections and with the exception of facilities defined in
2Section 2.10 of this Act, and with the exception of programs or
3facilities licensed by the Department of Human Services under
4the Alcoholism and Other Drug Abuse and Dependency Act.
5    (b) No part day child care facility as described in Section
62.10 may operate without written notification to the Department
7or without complying with Section 7.1. Notification shall
8include a notarized statement by the facility that the facility
9complies with state or local health standards and state fire
10safety standards, and shall be filed with the department every
112 years.
12    (c) The Director of the Department shall establish policies
13and coordinate activities relating to child care licensing,
14licensing of day care homes and day care centers.
15    (d) Any facility or agency which is exempt from licensing
16may apply for licensing if licensing is required for some
17government 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
20Department shall provide written verification of exemption and
21description of compliance with standards for the health,
22safety, and development of the children who receive the
23services upon submission by the provider of, in addition to any
24other documentation required by the Department, a notarized
25statement that the facility complies with: (1) the standards of
26the Department of Public Health or local health department, (2)



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1the fire safety standards of the State Fire Marshal, and (3) if
2operated in a public school building, the health and safety
3standards 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
6becoming law.".