Illinois General Assembly - Full Text of SB3207
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB3207  103rd General Assembly



SB3207 EnrolledLRB103 39313 SPS 69467 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.09 and by adding Section 5.12 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, except as provided for in Section 5.12, for (1) more than
108 children in a family home, or (2) more than 3 children in a
11facility other than a family home, including senior citizen
13    The term does not include:
14        (a) programs operated by (i) public or private
15    elementary school systems or secondary level school units
16    or institutions of higher learning that serve children who
17    shall have attained the age of 3 years or (ii) private
18    entities on the grounds of public or private elementary or
19    secondary schools and that serve children who have
20    attained the age of 3 years, except that this exception
21    applies only to the facility and not to the private
22    entities' personnel operating the program;
23        (b) programs or that portion of the program which



SB3207 Enrolled- 2 -LRB103 39313 SPS 69467 b

1    serves children who shall have attained the age of 3 years
2    and which are recognized by the State Board of Education;
3        (c) educational program or programs serving children
4    who shall have attained the age of 3 years and which are
5    operated by a school which is registered with the State
6    Board of Education and which is recognized or accredited
7    by a recognized national or multistate educational
8    organization or association which regularly recognizes or
9    accredits schools;
10        (d) programs which exclusively serve or that portion
11    of the program which serves children with disabilities who
12    shall have attained the age of 3 years but are less than 21
13    years of age and which are registered and approved as
14    meeting standards of the State Board of Education and
15    applicable fire marshal standards;
16        (e) facilities operated in connection with a shopping
17    center or service, religious services, or other similar
18    facility, where transient children are cared for
19    temporarily while parents or custodians of the children
20    are occupied on the premises and readily available;
21        (f) any type of day care center that is conducted on
22    federal government premises;
23        (g) special activities programs, including athletics,
24    recreation, crafts instruction, and similar activities
25    conducted on an organized and periodic basis by civic,
26    charitable and governmental organizations, including, but



SB3207 Enrolled- 3 -LRB103 39313 SPS 69467 b

1    not limited to, programs offered by park districts
2    organized under the Park District Code to children who
3    shall have attained the age of 3 years old if the program
4    meets no more than 3.5 continuous hours at a time or less
5    and no more than 25 hours during any week, and the park
6    district conducts background investigations on employees
7    of the program pursuant to Section 8-23 of the Park
8    District Code;
9        (h) part day child care facilities, as defined in
10    Section 2.10 of this Act;
11        (i) programs or that portion of the program which:
12            (1) serves children who shall have attained the
13        age of 3 years;
14            (2) is operated by churches or religious
15        institutions as described in Section 501(c)(3) of the
16        federal Internal Revenue Code;
17            (3) receives no governmental aid;
18            (4) is operated as a component of a religious,
19        nonprofit elementary school;
20            (5) operates primarily to provide religious
21        education; and
22            (6) meets appropriate State or local health and
23        fire safety standards; or
24        (j) programs or portions of programs that:
25            (1) serve only school-age children and youth
26        (defined as full-time kindergarten children, as



SB3207 Enrolled- 4 -LRB103 39313 SPS 69467 b

1        defined in 89 Ill. Adm. Code 407.45, or older);
2            (2) are organized to promote childhood learning,
3        child and youth development, educational or
4        recreational activities, or character-building;
5            (3) operate primarily during out-of-school time or
6        at times when school is not normally in session;
7            (4) comply with the standards of the Illinois
8        Department of Public Health (77 Ill. Adm. Code 750) or
9        the local health department, the Illinois State Fire
10        Marshal (41 Ill. Adm. Code 100), and the following
11        additional health and safety requirements: procedures
12        for employee and volunteer emergency preparedness and
13        practice drills; procedures to ensure that first aid
14        kits are maintained and ready to use; the placement of
15        a minimum level of liability insurance as determined
16        by the Department; procedures for the availability of
17        a working telephone that is onsite and accessible at
18        all times; procedures to ensure that emergency phone
19        numbers are posted onsite; and a restriction on
20        handgun or weapon possession onsite, except if
21        possessed by a peace officer;
22            (5) perform and maintain authorization and results
23        of criminal history checks through the Illinois State
24        Police and FBI and checks of the Illinois Sex Offender
25        Registry, the National Sex Offender Registry, and
26        Child Abuse and Neglect Tracking System for employees



SB3207 Enrolled- 5 -LRB103 39313 SPS 69467 b

1        and volunteers who work directly with children;
2            (6) make hiring decisions in accordance with the
3        prohibitions against barrier crimes as specified in
4        Section 4.2 of this Act or in Section 21B-80 of the
5        School Code;
6            (7) provide parents with written disclosure that
7        the operations of the program are not regulated by
8        licensing requirements; and
9            (8) obtain and maintain records showing the first
10        and last name and date of birth of the child, name,
11        address, and telephone number of each parent,
12        emergency contact information, and written
13        authorization for medical care.
14    Programs or portions of programs requesting Child Care
15Assistance Program (CCAP) funding and otherwise meeting the
16requirements under item (j) shall request exemption from the
17Department and be determined exempt prior to receiving funding
18and must annually meet the eligibility requirements and be
19appropriate for payment under the CCAP.
20    Programs or portions of programs under item (j) that do
21not receive State or federal funds must comply with staff
22qualification and training standards established by rule by
23the Department of Human Services. The Department of Human
24Services shall set such standards after review of Afterschool
25for Children and Teens Now (ACT Now) evidence-based quality
26standards developed for school-age out-of-school time



SB3207 Enrolled- 6 -LRB103 39313 SPS 69467 b

1programs, feedback from the school-age out-of-school time
2program professionals, and review of out-of-school time
3professional development frameworks and quality tools.
4    Out-of-school time programs for school-age youth that
5receive State or federal funds must comply with only those
6staff qualifications and training standards set for the
7program by the State or federal entity issuing the funds.
8    For purposes of items (a), (b), (c), (d), and (i) of this
9Section, "children who shall have attained the age of 3 years"
10shall mean children who are 3 years of age, but less than 4
11years of age, at the time of enrollment in the program.
12(Source: P.A. 103-153, eff. 6-30-23.)
13    (225 ILCS 10/5.12 new)
14    Sec. 5.12. Day care centers operating hours. A day care
15center may operate for 24 hours or longer and may provide care
16for a child for a period of up to 12 hours if the parent or
17guardian of the child is employed in a position that requires
18regularly scheduled shifts and a 10-hour period elapses
19between day care visits. The Department shall adopt rules
20necessary to implement and administer this Section.