Bill Text: IL SB3253 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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for a day care center, group home, or child care institution shall currently hold a valid driver's license that has not been revoked or suspended for one or more traffic violations during the 5 years (rather than 3 years) immediately prior to the date of application.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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3253 Detail]

Download: Illinois-2017-SB3253-Introduced.html

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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
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for a day care center, group home, or child care institution shall currently hold a valid driver's license that has not been revoked or suspended for one or more traffic violations during the 5 years (rather than 3 years) immediately prior to the date of application.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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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Care Act of 1969 is amended by
changing Sections 5, 5.1, and 5.8 as follows:
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) In respect to child care institutions,
maternity centers, child welfare agencies, day care centers,
day care agencies and group homes, the Department, upon
receiving application filed in proper order, shall examine the
facilities and persons responsible for care of children
therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved by
the Department to place children in this State. In respect to
day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or

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the home and relatives, as defined in Section 2.17 of this Act,
responsible for the care of related children therein, were
found to be in reasonable compliance with standards prescribed
by the Department for the type of care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of day care centers, day care homes,
and group day care homes, licenses shall be issued in such form
and manner as prescribed by the Department and are valid for 4
years from the date issued, unless revoked by the Department or
voluntarily surrendered by the licensee. Licenses issued for
day care centers, day care homes, and group day care homes
shall be valid for 5 3 years from the date issued, unless
revoked by the Department or voluntarily surrendered by the
licensee. When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, the existing
license shall continue in full force and effect for up to 30
days until the final agency decision on the application has
been made. The Department may further extend the period in
which such decision must be made in individual cases for up to
30 days, but such extensions shall be only upon good cause
shown.

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(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or day care
home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a child
care facility taking in children as a result of the temporary
closure for more than 2 weeks of a licensed child care facility
due to a natural disaster. An emergency permit under this
subsection shall be issued to a facility only if the persons
providing child care services at the facility were employees of
the temporarily closed day care center at the time it was
closed. No investigation of an employee of a child care
facility receiving an emergency permit under this subsection
shall be required if that employee has previously been
investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department or the agency that

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recommended licensure.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
Sec. 5.1. (a) The Department shall ensure that no day care
center, group home or child care institution as defined in this
Act shall on a regular basis transport a child or children with
any motor vehicle unless such vehicle is operated by a person
who complies with the following requirements:
1. is 21 years of age or older;
2. currently holds a valid driver's license, which has
not been revoked or suspended for one or more traffic
violations during the 5 3 years immediately prior to the
date of application;
3. demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination
conducted by a licensed physician;
4. has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a twelve month period;
5. has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
6. has signed and submitted a written statement
certifying that he has not, through the unlawful operation

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of a motor vehicle, caused an accident which resulted in
the death of any person within the 5 years immediately
prior to the date of application.
However, such day care centers, group homes and child care
institutions may provide for transportation of a child or
children for special outings, functions or purposes that are
not scheduled on a regular basis without verification that
drivers for such purposes meet the requirements of this
Section.
(a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
For every individual employed at a group home or child care
institution who regularly transports children in the course of
performing his or her duties, the Department must make the
verification every 2 years. Upon the Department's request, the
Secretary of State shall provide the Department with the
information necessary to enable the Department to make the
verifications required under subsection (a).
In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after the effective date of this amendatory
Act of the 94th General Assembly, the Department must make that
verification with the Secretary of State before the individual

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operates a motor vehicle to transport a child or children under
the circumstances described in subsection (a).
In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on the
effective date of this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to The
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any day care center, group home or child
care institution that fails to meet the requirements of this
Section.
(d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet

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the requirements of this Section is a separate offense.
(Source: P.A. 94-943, eff. 1-1-07.)
(225 ILCS 10/5.8)
Sec. 5.8. Radon testing of licensed day care centers,
licensed day care homes, and licensed group day care homes.
(a) Licensed Effective January 1, 2013, licensed day care
centers, licensed day care homes, and licensed group day care
homes shall have the facility tested for radon at least once
every 5 3 years pursuant to rules established by the Illinois
Emergency Management Agency.
(b) As Effective January 1, 2014, as part of an initial
application or application for renewal of a license for day
care centers, day care homes, and group day care homes, the
Department shall require proof the facility has been tested
within the last 5 3 years for radon pursuant to rules
established by the Illinois Emergency Management Agency.
(c) The report of the most current radon measurement shall
be posted in the facility next to the license issued by the
Department. Copies of the report shall be provided to parents
or guardians upon request.
(d) Included with the report referenced in subsection (c)
shall be the following statement:
"Every parent or guardian is notified that this
facility has performed radon measurements to ensure the
health and safety of the occupants. The Illinois Emergency

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Management Agency (IEMA) recommends that all residential
homes be tested and that corrective actions be taken at
levels equal to or greater than 4.0 pCi/L. Radon is a Class
A human carcinogen, the leading cause of lung cancer in
non-smokers, and the second leading cause of lung cancer
overall. For additional information about this facility
contact the licensee and for additional information
regarding radon contact the IEMA Radon Program at
800-325-1245 or on the Internet at
www.radon.illinois.gov.".
(Source: P.A. 97-981, eff. 1-1-13.)