Sen. Dave Syverson
Filed: 5/4/2016
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1 | AMENDMENT TO SENATE BILL 2321
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2 | AMENDMENT NO. ______. Amend Senate Bill 2321, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Child Care Act of 1969 is amended by | ||||||
6 | changing Sections 2.09 and 3 as follows:
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7 | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
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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
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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
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4 | private entities' personnel operating the program;
(b)
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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
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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
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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
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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 and Child Abuse | ||||||
8 | and Neglect Tracking System for employees and volunteers who | ||||||
9 | work directly with children, (6) make hiring decisions in | ||||||
10 | accordance with the prohibitions against barrier crimes as | ||||||
11 | specified in Section 4.2 of this Act or in Section 21B-80 of | ||||||
12 | the School Code, (7) provide parents with written disclosure | ||||||
13 | that the operations of the program are not regulated by | ||||||
14 | licensing requirements, and (8) obtain and maintain records | ||||||
15 | showing the first and last name and date of birth of the child, | ||||||
16 | name, address, and telephone number of each parent, emergency | ||||||
17 | contact information, and written authorization for medical | ||||||
18 | care. | ||||||
19 | Programs or portions of programs requesting Child Care | ||||||
20 | Assistance Program (CCAP) funding and otherwise exempt under | ||||||
21 | (j) shall request exemption from the Department and be | ||||||
22 | determined exempt prior to receiving funding and must annually | ||||||
23 | meet the eligibility requirements and be appropriate for | ||||||
24 | payment under the CCAP. Programs or portions of programs under | ||||||
25 | the exemption in (j) must also comply with staff qualification | ||||||
26 | and training standards established by rule by the Department of |
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1 | Human Services. Such standards set by the Department of Human | ||||||
2 | Services shall be developed after review of ACT Now | ||||||
3 | evidence-based quality standards developed for school-aged | ||||||
4 | out-of-school time programs, feedback from the school-aged | ||||||
5 | out-of-school time program professionals, and review of | ||||||
6 | afterschool professional development frameworks and quality | ||||||
7 | tools. State and federally funded out-of-school time programs | ||||||
8 | for school-aged youth must comply only with staff | ||||||
9 | qualifications and training standards set for the program by | ||||||
10 | the State or federal entity .
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11 | For purposes of (a), (b), (c), (d) and (i) of this Section,
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12 | "children who shall have attained the age of 3 years" shall | ||||||
13 | mean children
who are 3 years of age, but less than 4 years of | ||||||
14 | age, at the time of
enrollment in the program.
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15 | (Source: P.A. 99-143, eff. 7-27-15.)
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16 | (225 ILCS 10/3) (from Ch. 23, par. 2213)
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17 | Sec. 3.
(a) No person, group of persons or corporation may | ||||||
18 | operate or
conduct any facility for child care, as defined in | ||||||
19 | this Act, without a
license or permit issued by the Department | ||||||
20 | or without being approved by
the Department as meeting the | ||||||
21 | standards established for such licensing,
with the exception of | ||||||
22 | facilities for whom standards are established by the
Department | ||||||
23 | of Corrections under Section 3-15-2 of the Unified Code of
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24 | Corrections and with the exception of facilities defined in | ||||||
25 | Section 2.10
of this Act, and with the exception of programs or |
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1 | facilities licensed by
the Department of Human Services under | ||||||
2 | the Alcoholism
and Other Drug Abuse and Dependency Act.
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3 | (b) No part day child care facility as described in Section | ||||||
4 | 2.10 may operate
without written notification to the Department | ||||||
5 | or without complying with
Section 7.1. Notification shall | ||||||
6 | include a notarized statement by the facility
that the facility | ||||||
7 | complies with state or local health standards and state
fire | ||||||
8 | safety standards, and shall be filed with the department every | ||||||
9 | 2 years.
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10 | (c) The Director of the Department shall establish policies | ||||||
11 | and coordinate
activities relating to child care licensing, | ||||||
12 | licensing of day care homes
and day care centers.
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13 | (d) Any facility or agency which is exempt from licensing | ||||||
14 | may apply for
licensing if licensing is required for some | ||||||
15 | government benefit. | ||||||
16 | (e) A provider of day care described in items (a) through | ||||||
17 | (j) of Section 2.09 of this Act is exempt from licensure, and | ||||||
18 | the Department shall provide written verification of exemption | ||||||
19 | and description of compliance with standards for the health, | ||||||
20 | safety, and development of the children who receive the | ||||||
21 | services upon submission by the provider of, in addition to any | ||||||
22 | other documentation required by the Department, a notarized | ||||||
23 | statement that the facility complies with: (1) the standards of | ||||||
24 | the Department of Public Health or local health department, (2) | ||||||
25 | the fire safety standards of the State Fire Marshal, and (3) if | ||||||
26 | operated in a public school building, the health and safety |
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1 | standards of the State Board of Education.
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2 | (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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