Full Text of SB3253 100th General Assembly
SB3253 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3253 Introduced 2/15/2018, by Sen. Jim Oberweis SYNOPSIS AS INTRODUCED: |
| 225 ILCS 10/5 | from Ch. 23, par. 2215 | 225 ILCS 10/5.1 | from Ch. 23, par. 2215.1 | 225 ILCS 10/5.8 | |
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Amends the Child Care Act of 1969. Provides that licenses issued for day care centers, day care homes, and group day care homes shall be valid for 5 years (rather than 3 years) from the date issued. Provides that the person operating a motor vehicle for a day care center, group home, or child care institution shall currently hold a valid driver's license that has not been revoked or suspended for one or more traffic violations during the 5 years (rather than 3 years) immediately prior to the date of application. Provides that a day care center, day care home, or group day care home shall have the facility tested for radon at least once every 5 years (rather than 3 years). Provided that a day care center, day care home, or group day care home shall provide the Department of Children and Family Services with proof that the facility has been tested for radon within the last 5 years (rather than 3 years) as part of the initial application or renewal of the license.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Sections 5, 5.1, and 5.8 as follows:
| 6 | | (225 ILCS 10/5) (from Ch. 23, par. 2215)
| 7 | | Sec. 5.
(a) In respect to child care institutions, | 8 | | maternity
centers, child welfare agencies, day care centers, | 9 | | day care agencies
and group homes, the Department, upon | 10 | | receiving application filed in
proper order, shall examine the | 11 | | facilities and persons responsible for
care of children | 12 | | therein.
| 13 | | (b) In respect to foster family and day care homes, | 14 | | applications
may be filed on behalf of such homes by a licensed | 15 | | child welfare agency,
by a State agency authorized to place | 16 | | children in foster care or by
out-of-State agencies approved by | 17 | | the Department to place children in
this State. In respect to | 18 | | day care homes, applications may be filed on
behalf of such | 19 | | homes by a licensed day care agency or licensed child welfare
| 20 | | agency. In applying for license in behalf of a home in which
| 21 | | children are placed by and remain under supervision of the | 22 | | applicant
agency, such agency shall certify that the home and | 23 | | persons responsible
for care of unrelated children therein, or |
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| 1 | | the home and relatives, as defined in Section 2.17 of this Act, | 2 | | responsible
for the care of related children therein, were | 3 | | found to be in reasonable
compliance with standards prescribed | 4 | | by the Department for the type of
care indicated.
| 5 | | (c) The Department shall not allow any person to examine | 6 | | facilities
under a provision of this Act who has not passed an | 7 | | examination
demonstrating that such person is familiar with | 8 | | this Act and with the
appropriate standards and regulations of | 9 | | the Department.
| 10 | | (d) With the exception of day care centers, day care homes, | 11 | | and group day
care homes, licenses shall be issued in such form | 12 | | and manner as prescribed
by the Department and are valid for 4 | 13 | | years from the date issued,
unless
revoked by the Department or | 14 | | voluntarily surrendered by the licensee.
Licenses issued for | 15 | | day care centers, day care homes, and group day care
homes
| 16 | | shall be valid for 5 3 years from the date issued, unless | 17 | | revoked by the
Department or voluntarily surrendered by the | 18 | | licensee. When
a licensee has made timely and sufficient | 19 | | application for the renewal of
a license or a new license with | 20 | | reference to any activity of a continuing
nature, the existing | 21 | | license shall continue in full force and effect for
up to 30 | 22 | | days until the final agency decision on the application has | 23 | | been
made. The Department may further extend the period in | 24 | | which such decision
must be made in individual cases for up to | 25 | | 30 days, but such extensions
shall be only upon good cause | 26 | | shown.
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| 1 | | (e) The Department may issue one 6-month permit to a newly
| 2 | | established facility for child care to allow that facility | 3 | | reasonable
time to become eligible for a full license. If the | 4 | | facility for child care
is a foster family home, or day care | 5 | | home the Department may issue one
2-month permit only.
| 6 | | (f) The Department may issue an emergency permit to a child | 7 | | care
facility taking in children as a result of the temporary | 8 | | closure for
more than 2 weeks of a licensed child care facility | 9 | | due to a
natural disaster. An emergency permit under this | 10 | | subsection shall be
issued to a facility only if the persons | 11 | | providing child care services at
the facility were employees of | 12 | | the temporarily closed day care center at the
time it was | 13 | | closed. No investigation of an employee of a child care | 14 | | facility
receiving an emergency permit under this subsection | 15 | | shall be required if that
employee has previously been | 16 | | investigated at another child care facility. No
emergency | 17 | | permit issued under this subsection shall be valid for more | 18 | | than 90
days after the date of issuance.
| 19 | | (g) During the hours of operation of any licensed child | 20 | | care
facility, authorized representatives of the Department | 21 | | may without
notice visit the facility for the purpose of | 22 | | determining its continuing
compliance with this Act or | 23 | | regulations adopted pursuant thereto.
| 24 | | (h) Day care centers, day care homes, and group day care | 25 | | homes shall be
monitored at least annually by a licensing | 26 | | representative from the Department
or the agency that |
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| 1 | | recommended licensure.
| 2 | | (Source: P.A. 98-804, eff. 1-1-15 .)
| 3 | | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
| 4 | | Sec. 5.1. (a) The Department shall ensure that no day care | 5 | | center, group
home or child care institution as defined in this | 6 | | Act shall on a regular
basis transport a child or children with | 7 | | any motor vehicle unless such
vehicle is operated by a person | 8 | | who complies with the following requirements:
| 9 | | 1. is 21 years of age or older;
| 10 | | 2. currently holds a valid driver's license, which has | 11 | | not been revoked
or suspended for one or more traffic | 12 | | violations during the 5 3 years
immediately prior to the | 13 | | date of application;
| 14 | | 3. demonstrates physical fitness to operate vehicles | 15 | | by submitting the
results of a medical examination | 16 | | conducted by a licensed physician;
| 17 | | 4. has not been convicted of more than 2 offenses | 18 | | against traffic
regulations governing the movement of | 19 | | vehicles within a twelve month period;
| 20 | | 5. has not been convicted of reckless driving or | 21 | | driving under the
influence or manslaughter or reckless | 22 | | homicide resulting from the
operation of a motor vehicle | 23 | | within the past 3 years;
| 24 | | 6. has signed and submitted a written statement | 25 | | certifying that he has
not, through the unlawful operation |
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| 1 | | of a motor vehicle, caused an accident
which resulted in | 2 | | the death of any person within the 5 years immediately
| 3 | | prior to the date of application.
| 4 | | However, such day care centers, group homes and child care | 5 | | institutions
may provide for transportation of a child or | 6 | | children for special outings,
functions or purposes that are | 7 | | not scheduled on a regular basis without
verification that | 8 | | drivers for such purposes meet the requirements of this
| 9 | | Section.
| 10 | | (a-5) As a means of ensuring compliance with the | 11 | | requirements set forth in subsection (a), the Department shall | 12 | | implement appropriate measures to verify that every individual | 13 | | who is employed at a group home or child care institution meets | 14 | | those requirements. | 15 | | For every individual employed at a group home or child care | 16 | | institution who regularly transports children in the course of | 17 | | performing his or her duties, the Department must make the | 18 | | verification every 2 years. Upon the Department's request, the | 19 | | Secretary of State shall provide the Department with the | 20 | | information necessary to enable the Department to make the | 21 | | verifications required under subsection (a). | 22 | | In the case of an individual employed at a group home or | 23 | | child care institution who becomes subject to subsection (a) | 24 | | for the first time after the effective date of this amendatory | 25 | | Act of the 94th General Assembly, the Department must make that | 26 | | verification with the Secretary of State before the individual |
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| 1 | | operates a motor vehicle to transport a child or children under | 2 | | the circumstances described in subsection (a). | 3 | | In the case of an individual employed at a group home or | 4 | | child care institution who is subject to subsection (a) on the | 5 | | effective date of this amendatory Act of the 94th General | 6 | | Assembly, the Department must make that verification with the | 7 | | Secretary of State within 30 days after that effective date. | 8 | | If the Department discovers that an individual fails to | 9 | | meet the requirements set forth in subsection (a), the | 10 | | Department shall promptly notify the appropriate group home or | 11 | | child care institution.
| 12 | | (b) Any individual who holds a valid Illinois school bus | 13 | | driver permit
issued by the Secretary of State
pursuant to The | 14 | | Illinois
Vehicle Code, and who is currently employed by a | 15 | | school district or parochial
school, or by a contractor with a | 16 | | school district or parochial school, to
drive a school bus | 17 | | transporting children to and from school,
shall be deemed in | 18 | | compliance with the requirements of subsection (a).
| 19 | | (c) The Department may, pursuant to Section 8 of this Act, | 20 | | revoke the
license of any day care center, group home or child | 21 | | care institution that
fails to meet the requirements of this | 22 | | Section.
| 23 | | (d) A group home or child care institution that
fails to | 24 | | meet the requirements of this Section is guilty of a petty | 25 | | offense and is subject to a fine of not more than $1,000. Each | 26 | | day that a group home or child care institution fails to meet |
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| 1 | | the requirements of this Section is a separate offense.
| 2 | | (Source: P.A. 94-943, eff. 1-1-07.)
| 3 | | (225 ILCS 10/5.8) | 4 | | Sec. 5.8. Radon testing of licensed day care centers, | 5 | | licensed day care homes, and licensed group day care homes. | 6 | | (a) Licensed Effective January 1, 2013, licensed day care | 7 | | centers, licensed day care homes, and licensed group day care | 8 | | homes shall have the facility tested for radon at least once | 9 | | every 5 3 years pursuant to rules established by the Illinois | 10 | | Emergency Management Agency. | 11 | | (b) As Effective January 1, 2014, as part of an initial | 12 | | application or application for renewal of a license for day | 13 | | care centers, day care homes, and group day care homes, the | 14 | | Department shall require proof the facility has been tested | 15 | | within the last 5 3 years for radon pursuant to rules | 16 | | established by the Illinois Emergency Management Agency. | 17 | | (c) The report of the most current radon measurement shall | 18 | | be posted in the facility next to the license issued by the | 19 | | Department. Copies of the report shall be provided to parents | 20 | | or guardians upon request. | 21 | | (d) Included with the report referenced in subsection (c) | 22 | | shall be the following statement: | 23 | | "Every parent or guardian is notified that this | 24 | | facility has performed radon measurements to ensure the | 25 | | health and safety of the occupants. The Illinois Emergency |
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| 1 | | Management Agency (IEMA) recommends that all residential | 2 | | homes be tested and that corrective actions be taken at | 3 | | levels equal to or greater than 4.0 pCi/L. Radon is a Class | 4 | | A human carcinogen, the leading cause of lung cancer in | 5 | | non-smokers, and the second leading cause of lung cancer | 6 | | overall. For additional information about this facility | 7 | | contact the licensee and for additional information | 8 | | regarding radon contact the IEMA Radon Program at | 9 | | 800-325-1245 or on the Internet at | 10 | | www.radon.illinois.gov.".
| 11 | | (Source: P.A. 97-981, eff. 1-1-13.)
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