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92nd General Assembly

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Public Act 92-0659

HB3662 Enrolled                                LRB9210792ACcd

    AN ACT concerning child care.

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

    Section   5.   The  Child  Care Act of 1969 is amended by
changing Section 2.09 as follows:

    (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
    Sec. 2.09.   "Day  care  center"  means  any  child  care
facility  which  regularly provides day care for less than 24
hours per day for (1) more than 8 children in a family  home,
or (2) more than 3 children in a facility other than a family
home,  including  senior citizen buildings. The term does not
include (a)  programs  operated  by  (i)  public  or  private
elementary  school systems or secondary level school units or
institutions of higher learning that which serve children who
shall have attained the  age  of  3  years  or  (ii)  private
entities  on  the  grounds of public or private elementary or
secondary schools and that serve children who  have  attained
the  age  of 3 years, except that this exception applies only
to the facility and not to the  private  entities'  personnel
operating  the  program;  (b) programs or that portion of the
program which serves children who shall have attained the age
of 3 years and which are recognized by  the  State  Board  of
Education;   (c)  educational  program  or  programs  serving
children who shall have attained the age of 3 years and which
are operated by a school which is registered with  the  State
Board of Education and which is recognized or accredited by a
recognized national or multistate educational organization or
association  which regularly recognizes or accredits schools;
(d) programs which exclusively serve or that portion  of  the
program  which  serves  handicapped  children  who shall have
attained the age of 3 years but are less than 21 years of age
and which are registered and approved as meeting standards of
the State Board of  Education  and  applicable  fire  marshal
standards;  (e)  facilities  operated  in  connection  with a
shopping center or  service,  religious  services,  or  other
similar  facility,  where  transient  children  are cared for
temporarily while parents or custodians of the  children  are
occupied  on the premises and readily available; (f) any type
of day care center that is conducted  on  federal  government
premises;   (g)   special   activities   programs,  including
athletics,  crafts   instruction   and   similar   activities
conducted  on  an  organized  and  periodic  basis  by civic,
charitable and governmental organizations; (h) part day child
care facilities, as defined in Section 2.10 of this  Act;  or
(i)  programs or that portion of the program which (1) serves
children who shall have attained the age of 3 years,  (2)  is
operated  by  churches or religious institutions as described
in Section 501 (c) (3) of the federal Internal Revenue  Code,
(3)  receives  no  governmental  aid,  (4)  is  operated as a
component of a religious, nonprofit  elementary  school,  (5)
operates  primarily  to  provide religious education, and (6)
meets appropriate State  or  local  health  and  fire  safety
standards.
    For  purposes  of  (a),  (b),  (c),  (d)  and (i) of this
Section, "children who shall  have  attained  the  age  of  3
years"  shall  mean children who are 3 years of age, but less
than 4 years of  age,  at  the  time  of  enrollment  in  the
program.
(Source: P.A. 88-302.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 07, 2002.
    Approved July 16, 2002.
    Effective July 16, 2002.

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