Illinois 2023-2024 Regular Session

Illinois House Bill HB2277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0153
2	1		HB2277 EnrolledLRB103 05264 AMQ 50282 b HB2277 Enrolled LRB103 05264 AMQ 50282 b
3	2		HB2277 Enrolled LRB103 05264 AMQ 50282 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Child Care Act of 1969 is amended by
8		-	changing Section 2.09 as follows:
9		-	(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
10		-	Sec. 2.09. "Day care center" means any child care facility
11		-	which regularly provides day care for less than 24 hours per
12		-	day for (1) more than 8 children in a family home, or (2) more
13		-	than 3 children in a facility other than a family home,
14		-	including senior citizen buildings.
15		-	The term does not include:
16		-	(a) programs operated by (i) public or private
17		-	elementary school systems or secondary level school units
18		-	or institutions of higher learning that serve children who
19		-	shall have attained the age of 3 years or (ii) private
20		-	entities on the grounds of public or private elementary or
21		-	secondary schools and that serve children who have
22		-	attained the age of 3 years, except that this exception
23		-	applies only to the facility and not to the private
24		-	entities' personnel operating the program;
25		-	(b) programs or that portion of the program which
26		-	serves children who shall have attained the age of 3 years
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Child Care Act of 1969 is amended by
	7	+	5 changing Section 2.09 as follows:
	8	+	6 (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
	9	+	7 Sec. 2.09. "Day care center" means any child care facility
	10	+	8 which regularly provides day care for less than 24 hours per
	11	+	9 day for (1) more than 8 children in a family home, or (2) more
	12	+	10 than 3 children in a facility other than a family home,
	13	+	11 including senior citizen buildings.
	14	+	12 The term does not include:
	15	+	13 (a) programs operated by (i) public or private
	16	+	14 elementary school systems or secondary level school units
	17	+	15 or institutions of higher learning that serve children who
	18	+	16 shall have attained the age of 3 years or (ii) private
	19	+	17 entities on the grounds of public or private elementary or
	20	+	18 secondary schools and that serve children who have
	21	+	19 attained the age of 3 years, except that this exception
	22	+	20 applies only to the facility and not to the private
	23	+	21 entities' personnel operating the program;
	24	+	22 (b) programs or that portion of the program which
	25	+	23 serves children who shall have attained the age of 3 years
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33		-	and which are recognized by the State Board of Education;
34		-	(c) educational program or programs serving children
35		-	who shall have attained the age of 3 years and which are
36		-	operated by a school which is registered with the State
37		-	Board of Education and which is recognized or accredited
38		-	by a recognized national or multistate educational
39		-	organization or association which regularly recognizes or
40		-	accredits schools;
41		-	(d) programs which exclusively serve or that portion
42		-	of the program which serves children with disabilities who
43		-	shall have attained the age of 3 years but are less than 21
44		-	years of age and which are registered and approved as
45		-	meeting standards of the State Board of Education and
46		-	applicable fire marshal standards;
47		-	(e) facilities operated in connection with a shopping
48		-	center or service, religious services, or other similar
49		-	facility, where transient children are cared for
50		-	temporarily while parents or custodians of the children
51		-	are occupied on the premises and readily available;
52		-	(f) any type of day care center that is conducted on
53		-	federal government premises;
54		-	(g) special activities programs, including athletics,
55		-	recreation, crafts instruction, and similar activities
56		-	conducted on an organized and periodic basis by civic,
57		-	charitable and governmental organizations, including, but
58		-	not limited to, programs offered by park districts
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	34	+	1 and which are recognized by the State Board of Education;
	35	+	2 (c) educational program or programs serving children
	36	+	3 who shall have attained the age of 3 years and which are
	37	+	4 operated by a school which is registered with the State
	38	+	5 Board of Education and which is recognized or accredited
	39	+	6 by a recognized national or multistate educational
	40	+	7 organization or association which regularly recognizes or
	41	+	8 accredits schools;
	42	+	9 (d) programs which exclusively serve or that portion
	43	+	10 of the program which serves children with disabilities who
	44	+	11 shall have attained the age of 3 years but are less than 21
	45	+	12 years of age and which are registered and approved as
	46	+	13 meeting standards of the State Board of Education and
	47	+	14 applicable fire marshal standards;
	48	+	15 (e) facilities operated in connection with a shopping
	49	+	16 center or service, religious services, or other similar
	50	+	17 facility, where transient children are cared for
	51	+	18 temporarily while parents or custodians of the children
	52	+	19 are occupied on the premises and readily available;
	53	+	20 (f) any type of day care center that is conducted on
	54	+	21 federal government premises;
	55	+	22 (g) special activities programs, including athletics,
	56	+	23 recreation, crafts instruction, and similar activities
	57	+	24 conducted on an organized and periodic basis by civic,
	58	+	25 charitable and governmental organizations, including, but
	59	+	26 not limited to, programs offered by park districts
59	60
60	61
61		-	organized under the Park District Code to children who
62		-	shall have attained the age of 3 years old if the program
63		-	meets no more than 3.5 continuous hours at a time or less
64		-	and no more than 25 hours during any week, and the park
65		-	district conducts background investigations on employees
66		-	of the program pursuant to Section 8-23 of the Park
67		-	District Code;
68		-	(h) part day child care facilities, as defined in
69		-	Section 2.10 of this Act;
70		-	(i) programs or that portion of the program which:
71		-	(1) serves children who shall have attained the
72		-	age of 3 years;
73		-	(2) is operated by churches or religious
74		-	institutions as described in Section 501(c)(3) of the
75		-	federal Internal Revenue Code;
76		-	(3) receives no governmental aid;
77		-	(4) is operated as a component of a religious,
78		-	nonprofit elementary school;
79		-	(5) operates primarily to provide religious
80		-	education; and
81		-	(6) meets appropriate State or local health and
82		-	fire safety standards; or
83		-	(j) programs or portions of programs that:
84		-	(1) serve only school-age children and youth
85		-	(defined as full-time kindergarten children, as
86		-	defined in 89 Ill. Adm. Code 407.45, or older);
87	62
88	63
89		-	(2) are organized to promote childhood learning,
90		-	child and youth development, educational or
91		-	recreational activities, or character-building;
92		-	(3) operate primarily during out-of-school time or
93		-	at times when school is not normally in session;
94		-	(4) comply with the standards of the Illinois
95		-	Department of Public Health (77 Ill. Adm. Code 750) or
96		-	the local health department, the Illinois State Fire
97		-	Marshal (41 Ill. Adm. Code 100), and the following
98		-	additional health and safety requirements: procedures
99		-	for employee and volunteer emergency preparedness and
100		-	practice drills; procedures to ensure that first aid
101		-	kits are maintained and ready to use; the placement of
102		-	a minimum level of liability insurance as determined
103		-	by the Department; procedures for the availability of
104		-	a working telephone that is onsite and accessible at
105		-	all times; procedures to ensure that emergency phone
106		-	numbers are posted onsite; and a restriction on
107		-	handgun or weapon possession onsite, except if
108		-	possessed by a peace officer;
109		-	(5) perform and maintain authorization and results
110		-	of criminal history checks through the Illinois State
111		-	Police and FBI and checks of the Illinois Sex Offender
112		-	Registry, the National Sex Offender Registry, and
113		-	Child Abuse and Neglect Tracking System for employees
114		-	and volunteers who work directly with children;
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116	67
117		-	(6) make hiring decisions in accordance with the
118		-	prohibitions against barrier crimes as specified in
119		-	Section 4.2 of this Act or in Section 21B-80 of the
120		-	School Code;
121		-	(7) provide parents with written disclosure that
122		-	the operations of the program are not regulated by
123		-	licensing requirements; and
124		-	(8) obtain and maintain records showing the first
125		-	and last name and date of birth of the child, name,
126		-	address, and telephone number of each parent,
127		-	emergency contact information, and written
128		-	authorization for medical care.
129		-	Programs or portions of programs requesting Child Care
130		-	Assistance Program (CCAP) funding and otherwise meeting the
131		-	requirements under item (j) shall request exemption from the
132		-	Department and be determined exempt prior to receiving funding
133		-	and must annually meet the eligibility requirements and be
134		-	appropriate for payment under the CCAP.
135		-	Programs or portions of programs under item (j) that do
136		-	not receive State or federal funds must comply with staff
137		-	qualification and training standards established by rule by
138		-	the Department of Human Services. The Department of Human
139		-	Services shall set such standards after review of Afterschool
140		-	for Children and Teens Now (ACT Now) evidence-based quality
141		-	standards developed for school-age out-of-school time
142		-	programs, feedback from the school-age out-of-school time
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	69	+	HB2277 Enrolled - 3 - LRB103 05264 AMQ 50282 b
	70	+	1 organized under the Park District Code to children who
	71	+	2 shall have attained the age of 3 years old if the program
	72	+	3 meets no more than 3.5 continuous hours at a time or less
	73	+	4 and no more than 25 hours during any week, and the park
	74	+	5 district conducts background investigations on employees
	75	+	6 of the program pursuant to Section 8-23 of the Park
	76	+	7 District Code;
	77	+	8 (h) part day child care facilities, as defined in
	78	+	9 Section 2.10 of this Act;
	79	+	10 (i) programs or that portion of the program which:
	80	+	11 (1) serves children who shall have attained the
	81	+	12 age of 3 years;
	82	+	13 (2) is operated by churches or religious
	83	+	14 institutions as described in Section 501(c)(3) of the
	84	+	15 federal Internal Revenue Code;
	85	+	16 (3) receives no governmental aid;
	86	+	17 (4) is operated as a component of a religious,
	87	+	18 nonprofit elementary school;
	88	+	19 (5) operates primarily to provide religious
	89	+	20 education; and
	90	+	21 (6) meets appropriate State or local health and
	91	+	22 fire safety standards; or
	92	+	23 (j) programs or portions of programs that:
	93	+	24 (1) serve only school-age children and youth
	94	+	25 (defined as full-time kindergarten children, as
	95	+	26 defined in 89 Ill. Adm. Code 407.45, or older);
143	96
144	97
145		-	program professionals, and review of out-of-school time
146		-	professional development frameworks and quality tools.
147		-	Out-of-school time programs for school-age youth that
148		-	receive State or federal funds must comply with only those
149		-	staff qualifications and training standards set for the
150		-	program by the State or federal entity issuing the funds.
151		-	For purposes of items (a), (b), (c), (d), and (i) of this
152		-	Section, "children who shall have attained the age of 3 years"
153		-	shall mean children who are 3 years of age, but less than 4
154		-	years of age, at the time of enrollment in the program.
155		-	(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
156		-	100-201, eff. 8-18-17.)
157		-	Section 99. Effective date. This Act takes effect upon
158		-	becoming law.
	98	+
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	106	+	1 (2) are organized to promote childhood learning,
	107	+	2 child and youth development, educational or
	108	+	3 recreational activities, or character-building;
	109	+	4 (3) operate primarily during out-of-school time or
	110	+	5 at times when school is not normally in session;
	111	+	6 (4) comply with the standards of the Illinois
	112	+	7 Department of Public Health (77 Ill. Adm. Code 750) or
	113	+	8 the local health department, the Illinois State Fire
	114	+	9 Marshal (41 Ill. Adm. Code 100), and the following
	115	+	10 additional health and safety requirements: procedures
	116	+	11 for employee and volunteer emergency preparedness and
	117	+	12 practice drills; procedures to ensure that first aid
	118	+	13 kits are maintained and ready to use; the placement of
	119	+	14 a minimum level of liability insurance as determined
	120	+	15 by the Department; procedures for the availability of
	121	+	16 a working telephone that is onsite and accessible at
	122	+	17 all times; procedures to ensure that emergency phone
	123	+	18 numbers are posted onsite; and a restriction on
	124	+	19 handgun or weapon possession onsite, except if
	125	+	20 possessed by a peace officer;
	126	+	21 (5) perform and maintain authorization and results
	127	+	22 of criminal history checks through the Illinois State
	128	+	23 Police and FBI and checks of the Illinois Sex Offender
	129	+	24 Registry, the National Sex Offender Registry, and
	130	+	25 Child Abuse and Neglect Tracking System for employees
	131	+	26 and volunteers who work directly with children;
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB2277 Enrolled - 4 - LRB103 05264 AMQ 50282 b
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	142	+	1 (6) make hiring decisions in accordance with the
	143	+	2 prohibitions against barrier crimes as specified in
	144	+	3 Section 4.2 of this Act or in Section 21B-80 of the
	145	+	4 School Code;
	146	+	5 (7) provide parents with written disclosure that
	147	+	6 the operations of the program are not regulated by
	148	+	7 licensing requirements; and
	149	+	8 (8) obtain and maintain records showing the first
	150	+	9 and last name and date of birth of the child, name,
	151	+	10 address, and telephone number of each parent,
	152	+	11 emergency contact information, and written
	153	+	12 authorization for medical care.
	154	+	13 Programs or portions of programs requesting Child Care
	155	+	14 Assistance Program (CCAP) funding and otherwise meeting the
	156	+	15 requirements under item (j) shall request exemption from the
	157	+	16 Department and be determined exempt prior to receiving funding
	158	+	17 and must annually meet the eligibility requirements and be
	159	+	18 appropriate for payment under the CCAP.
	160	+	19 Programs or portions of programs under item (j) that do
	161	+	20 not receive State or federal funds must comply with staff
	162	+	21 qualification and training standards established by rule by
	163	+	22 the Department of Human Services. The Department of Human
	164	+	23 Services shall set such standards after review of Afterschool
	165	+	24 for Children and Teens Now (ACT Now) evidence-based quality
	166	+	25 standards developed for school-age out-of-school time
	167	+	26 programs, feedback from the school-age out-of-school time
	168	+
	169	+
	170	+
	171	+
	172	+
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	178	+	1 program professionals, and review of out-of-school time
	179	+	2 professional development frameworks and quality tools.
	180	+	3 Out-of-school time programs for school-age youth that
	181	+	4 receive State or federal funds must comply with only those
	182	+	5 staff qualifications and training standards set for the
	183	+	6 program by the State or federal entity issuing the funds.
	184	+	7 For purposes of items (a), (b), (c), (d), and (i) of this
	185	+	8 Section, "children who shall have attained the age of 3 years"
	186	+	9 shall mean children who are 3 years of age, but less than 4
	187	+	10 years of age, at the time of enrollment in the program.
	188	+	11 (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
	189	+	12 100-201, eff. 8-18-17.)
	190	+	13 Section 99. Effective date. This Act takes effect upon
	191	+	14 becoming law.
	192	+
	193	+
	194	+
	195	+
	196	+
	197	+	HB2277 Enrolled - 6 - LRB103 05264 AMQ 50282 b