Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1239 Compare Versions

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29-SENATE FLOOR VERSION
30-February 8, 2024
28+STATE OF OKLAHOMA
3129
30+2nd Session of the 59th Legislature (2024)
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3332 COMMITTEE SUBSTITUTE
3433 FOR
35-SENATE BILL NO. 1239 By: Hamilton
34+SENATE BILL 1239 By: Hamilton
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40+COMMITTEE SUBSTITUTE
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4142 An Act relating to child care; amending 10 O.S. 2021,
4243 Section 403, as amended by Section 1, Chapter 99 ,
4344 O.S.L. 2022 (10 O.S. Supp. 2023, Section 403) , which
4445 relates to exemptions from the Oklahoma Child Care
4546 Facilities Licensing Act ; updating statutory
4647 reference; adding exemption; and providing an
4748 effective date.
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5352 BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
5453 SECTION 1. AMENDATORY 10 O.S. 2021, Section 403, as
5554 amended by Section 1, Chapter 99, O.S.L. 2022 (10 O.S. Supp. 2023,
5655 Section 403), is amended to read as follows:
5756 Section 403. A. The provisions of the Oklahoma Child Care
5857 Facilities Licensing Act shall not apply to:
5958 1. Care provided in a child ’s own home or by relatives;
6059 2. Informal arrangements which parents make with friends or
6160 neighbors for the occasional care of their children;
6261 3. Care provided by an attorney-in-fact authorized by Section
6362 700 of this title who exercises parental or legal authority on a
6463 continuous basis for not less than twenty -four (24) hours and
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9290 without compensation for the intended duration of the power of
9391 attorney;
9492 4. Programs in which school-aged children three (3) years of
9593 age and older are participating in home -schooling;
9694 5. Programs that serve children three (3) years of age and
9795 older and that are operated during typical school hours by a publi c
9896 school district;
9997 6. Programs that serve children three (3) years of age and
10098 older and that are operated during typical school hours by a private
10199 school that offers elementary education in grades kin dergarten
102100 through third grade;
103101 7. Summer youth camps, summer programs or after-school programs
104102 for children who are at least four (4) years of age, that are
105103 accredited by a natio nal standard-setting agency or church camp
106104 accreditation program, or are accr edited by, chartered by or
107105 affiliated with a national n on-profit organization;
108106 8. Programs in which children attend on a drop -in basis and
109107 parents are on the premises and readily accessible;
110108 9. A program of specialized activity or instruction for
111109 children that is not designed or intended for child care purposes
112110 including, but not limited to, scouts, 4-H clubs and summer resident
113111 youth camps, programs that limit children from enro lling in multiple
114112 sessions because of the type of activity or ages accepted a nd
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142139 single-activity programs such as academics, athletic s, gymnastics,
143140 hobbies, art, music, dance and craft instruction;
144141 10. Any child care facility that:
145142 a. provides care and supervision for fifteen (15) or
146143 fewer hours per week,
147144 b. operates less than ten (10) weeks annually,
148145 c. operates in the summer for less than eight (8) hours
149146 per day, or
150147 d. provides care and supervision for school -aged children
151148 only in a center-based program for twenty-one (21) or
152149 fewer hours a week and is located in a county with a
153150 population of less than one hundred thousand (100,000)
154151 according to the latest Federal Decennial Census;
155152 11. Facilities whose primary purpose is medical treatment;
156153 12. Boarding schools that have education as their primary
157154 purpose and that are recognized as accredited by the State Board of
158155 Education. To be exempt, such programs shall:
159156 a. have classroom facilities that are not used for
160157 residential living,
161158 b. not have been granted nor have assumed legal custody
162159 of any child attending the facility, and
163160 c. adhere to standard educational holiday and seasonal
164161 recess periods to permit students reasonable
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192188 opportunities to return to their primary places of
193189 residence with parents or legal guardians;
194190 13. Day treatment programs and maternity homes operated by a
195191 licensed hospital;
196192 14. Juvenile facilities certified b y the Office of Juvenile
197193 Affairs or certified by any other state agency authorized by law to
198194 license such facilities;
199195 15. A program where children are not enrolled by the parents
200196 and are free to come and go;
201197 16. A program in tribal land as defined at 2 5 U.S.C.A., Section
202198 1903 (10); and
203199 17. A program on a military base or federal property , or a
204200 facility licensed as a family child care pr ovider by a branch of the
205201 United States Department of Defense or by the United S tates Coast
206202 Guard; and
207203 18. A family child care home that operates for thirty (30) or
208204 fewer hours per week .
209205 B. The provisions of the Oklahoma Child Care Facilities
210206 Licensing Act shall be equally incumbent upon all private and public
211207 child care facilities.
212208 SECTION 2. This act shall become effect ive November 1, 2024.
213-COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICE S
214-February 8, 2024 - DO PASS AS AMENDED BY CS
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