HB5175 103RD GENERAL ASSEMBLY

LRB103 37861 RTM 67992 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5175

Introduced 2/9/2024, by Rep. Jackie Haas

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.55 new
225 ILCS 10/2.02	from Ch. 23, par. 2212.02
225 ILCS 10/3.7 new

Amends the Child Care Act of 1969. Provides that the transfer of responsibility for licensure of day care centers, day care homes, and group day care from the Department of Children and Family Services to the Department of Human Services shall begin on the effective date of the amendatory Act. Provides that the Department of Human Services may adopt any rules and execute any intergovernmental agreements necessary to assume responsibility for the transfer. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.55 as follows:

(5 ILCS 100/5-45.55 new)

Sec. 5-45.55. Emergency rulemaking; Department of Human Services. To provide for the expeditious and timely implementation of this amendatory Act of the 103rd General Assembly, emergency rules implementing this amendatory Act of the 103rd General Assembly may be adopted in accordance with Section 5-45 by the Department of Human Services. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 103rd General Assembly.

Section 10. The Child Care Act of 1969 is amended by changing Section 2.02 and by adding Section 3.7 as follows:

(225 ILCS 10/2.02) (from Ch. 23, par. 2212.02)

Sec. 2.02. "Department" means:

the Illinois Department of Children and Family Services, except that, after the transfer of licensing functions has been completed, "Department" means the Department of Human Services in those provisions of this Act concerning the licensure of day care centers, day care homes, and group day care homes.

(Source: P.A. 76-63.)

(225 ILCS 10/3.7 new)

Sec. 3.7. Transfer of day care center and part day child care facility licensing functions.

(a) Responsibility for the licensing of day care centers, day care homes, and group day care homes under this Act is transferred from the Department of Children and Family Services to the Department of Human Services on the effective date of this amendatory Act of the 103rd General Assembly.

(b) The Department of Human Services may adopt any rules and emergency rules and execute any intergovernmental agreements necessary to assume responsibility for the licensure of day care centers, day care homes, and group day care homes under this Act.