Rep. Anna Moeller

Filed: 3/2/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2277

2    AMENDMENT NO. ______. Amend House Bill 2277 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.09 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.
12    The term does not include:
13        (a) programs operated by (i) public or private
14    elementary school systems or secondary level school units
15    or institutions of higher learning that serve children who
16    shall have attained the age of 3 years or (ii) private

 

 

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

 

 

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1        (f) any type of day care center that is conducted on
2    federal government premises;
3        (g) special activities programs, including athletics,
4    recreation, crafts instruction, and similar activities
5    conducted on an organized and periodic basis by civic,
6    charitable and governmental organizations, including, but
7    not limited to, programs offered by park districts
8    organized under the Park District Code to children who
9    shall have attained the age of 3 years old if the program
10    meets no more than 3.5 continuous hours at a time or less
11    and no more than 25 hours during any week, and the park
12    district conducts background investigations on employees
13    of the program pursuant to Section 8-23 of the Park
14    District Code;
15        (h) part day child care facilities, as defined in
16    Section 2.10 of this Act;
17        (i) programs or that portion of the program which:
18            (1) serves children who shall have attained the
19        age of 3 years;
20            (2) is operated by churches or religious
21        institutions as described in Section 501(c)(3) of the
22        federal Internal Revenue Code;
23            (3) receives no governmental aid;
24            (4) is operated as a component of a religious,
25        nonprofit elementary school;
26            (5) operates primarily to provide religious

 

 

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1        education; and
2            (6) meets appropriate State or local health and
3        fire safety standards; or
4        (j) programs or portions of programs that:
5            (1) serve only school-age children and youth
6        (defined as full-time kindergarten children, as
7        defined in 89 Ill. Adm. Code 407.45, or older);
8            (2) are organized to promote childhood learning,
9        child and youth development, educational or
10        recreational activities, or character-building;
11            (3) operate primarily during out-of-school time or
12        at times when school is not normally in session;
13            (4) comply with the standards of the Illinois
14        Department of Public Health (77 Ill. Adm. Code 750) or
15        the local health department, the Illinois State Fire
16        Marshal (41 Ill. Adm. Code 100), and the following
17        additional health and safety requirements: procedures
18        for employee and volunteer emergency preparedness and
19        practice drills; procedures to ensure that first aid
20        kits are maintained and ready to use; the placement of
21        a minimum level of liability insurance as determined
22        by the Department; procedures for the availability of
23        a working telephone that is onsite and accessible at
24        all times; procedures to ensure that emergency phone
25        numbers are posted onsite; and a restriction on
26        handgun or weapon possession onsite, except if

 

 

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

 

 

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1not receive State or federal funds must comply with staff
2qualification and training standards established by rule by
3the Department of Human Services. The Department of Human
4Services shall set such standards after review of Afterschool
5for Children and Teens Now (ACT Now) evidence-based quality
6standards developed for school-age out-of-school time
7programs, feedback from the school-age out-of-school time
8program professionals, and review of out-of-school time
9professional development frameworks and quality tools.
10    Out-of-school time programs for school-age youth that
11receive State or federal funds must comply with only those
12staff qualifications and training standards set for the
13program by the State or federal entity issuing the funds.
14    For purposes of items (a), (b), (c), (d), and (i) of this
15Section, "children who shall have attained the age of 3 years"
16shall mean children who are 3 years of age, but less than 4
17years of age, at the time of enrollment in the program.
18(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
19100-201, eff. 8-18-17.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".