Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1286 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1286 By: Stanley of the Senate
7	37
8	38		and
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10	40		Miller of the House
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15	45		An Act relating to child care; amending 10 O.S. 2021,
16	46		Section 403, which relates to e xemptions from the
17	47		Oklahoma Child Care Facilities Licensing Act ;
18	48		broadening certain exemption; and declaring an
19	49		emergency.
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25		-	SUBJECT: Child care
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	56		SECTION 1. AMENDATORY 10 O.S. 2021, Section 403, is
30	57		amended to read as follows:
31		-
32	58		Section 403. A. The provisions of the Oklahoma Child Care
33	59		Facilities Licensing Act shall not apply to:
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35	60		1. Care provided in a child 's own home or by relatives;
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37	61		2. Informal arrangements which pare nts make with friends or
38	62		neighbors for the occasional care of their children;
39		-
40	63		3. Care provided by an attorney-in-fact authorized by Section
41	64		700 of this title who exercises parental or legal authority on a
42	65		continuous basis for not less than twenty -four (24) hours and
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	67	+	SB1286 HFLR Page 2
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43	93		without compensation for the intended duration of the power of
44	94		attorney;
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46		-
47		-	ENR. S. B. NO. 1286 Page 2
48	95		4. Programs in which school-aged children three (3) years of
49	96		age and older are participating in home -schooling;
50		-
51	97		5. Programs that serve children three (3) years of age an d
52	98		older and that are operated during typical school hours by a public
53	99		school district;
54		-
55	100		6. Programs that serve children three (3) years of age and
56	101		older and that are operated during typical school hours by a private
57	102		school that offers elementary education in grades kindergarten
58	103		through third grade;
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60	104		7. Summer youth camps, summer programs or after-school programs
61	105		for children who are at least four (4) years of age, that are
62	106		accredited by a national standard -setting agency or church camp
63	107		accreditation program , or are accredited by, chartered by or
64	108		affiliated with a national non -profit organization;
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66	109		8. Programs in which children attend on a drop -in basis and
67	110		parents are on the premises and readily accessible;
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69	111		9. A program of specialized activity or instructio n for
70	112		children that is not designed or intended for child care purposes
71	113		including, but not limited to, scouts, 4-H clubs and summer resident
72	114		youth camps, programs that limit children from enrolling in mult iple
73	115		sessions because of the type of activity or ag es accepted and
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74	143		single-activity programs such as academics, athletics, gymnastics,
75	144		hobbies, art, music, dance and craft instruction;
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77	145		10. Any child care facility that:
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79	146		a. provides care and supervision for fifteen (15) or
80	147		fewer hours per week,
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82	148		b. operates less than ten (10) weeks annually,
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84	149		c. operates in the summer for less than eight (8) hou rs
85	150		per day, or
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87	151		d. provides care and supervision for school -aged children
88	152		only in a center-based program for twenty-one (21) or
89	153		fewer hours a week and is located in a cou nty with a
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91		-	ENR. S. B. NO. 1286 Page 3
92	154		population of less than one hundred thousand (100,000)
93	155		according to the late st Federal Decennial Census;
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95	156		11. Facilities whose primary purpose is medical treatment;
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97	157		12. Boarding schools that have education as their primary
98	158		purpose and that are recognized as accredited by the State Board of
99	159		Education. To be exempt, such programs shall:
100		-
101	160		a. have classroom facilities that are not used for
102	161		residential living,
103		-
104	162		b. not have been granted nor have assumed legal custody
105	163		of any child attending the facility , and
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107	164		c. adhere to standard educational holiday and seasonal
108	165		recess periods to permit s tudents reasonable
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109	193		opportunities to return to their primary places of
110	194		residence with parents or legal guardians;
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112	195		13. Day treatment programs and maternity homes operated by a
113	196		licensed hospital;
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115	197		14. Juvenile facilities certified by the Office of Juvenile
116	198		Affairs or certified by any other state agency authorized by law to
117	199		license such facilities;
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119	200		15. A program where children are not enrolled by the parents
120	201		and are free to come and go;
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122	202		16. A program in tribal land as defined at 25 U.S.C.A. 1903
123	203		(10); and
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125	204		17. A program on a military base or federal property , or a
126	205		facility licensed as a family child care pr ovider by a branch of the
127	206		United States Department of Defense or by the United States Coast
128	207		Guard.
129		-
130	208		B. The provisions of the Oklahoma Child Care Facilities
131	209		Licensing Act shall be equally incumbent upon all private and public
132	210		child care facilities.
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136	211		SECTION 2. It being immediately necessary for the pr eservation
137	212		of the public peace, health or safety, an emergency is hereby
138	213		declared to exist, by reason whereof this act shall take effect and
139	214		be in full force from and after its passage and approval.
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142		-	ENR. S. B. NO. 1286 Page 5
143		-	Passed the Senate the 17th day of February, 2022.
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146		-
147		-	Presiding Officer of the Senate
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149		-
150		-	Passed the House of Representa tives the 25th day of April, 2022.
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153		-
154		-	Presiding Officer of the House
155		-	of Representatives
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157		-	OFFICE OF THE GOVERNOR
158		-	Received by the Office of the Governor this _______ _____________
159		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
160		-	By: _______________________________ __
161		-	Approved by the Governor of the State of Oklahoma this _____ ____
162		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
163		-
164		-	_________________________________
165		-	Governor of the State of Oklahoma
166		-
167		-
168		-	OFFICE OF THE SECRETARY OF STATE
169		-	Received by the Office of the Secretary of State this _______ ___
170		-	day of __________________, 20 _______, at _______ o'clock _______ M.
171		-	By: _______________________________ __
	216	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	217	+	SERVICES, dated 04/05/2022 - DO PASS.