S.B. 46

1

UTAH CHILD CARE LICENSING ACT
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends exemption provisions of the Utah Child Care Licensing Act.
11 Highlighted Provisions:
12 This bill:
13 . exempts from the provisions of the Utah Child Care Licensing Act a summer camp
14 provided by an organization that qualifies for tax exempt status under Section
15 501(c)(3) of the Internal Revenue Code; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-39-403, as renumbered and amended by Laws of Utah 2008, Chapter 111
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 26-39-403 is amended to read:
27 26-39-403. Exclusions from chapter -- Criminal background checks by an

28 excluded person.
29 (1) The provisions and requirements of this chapter do not apply to:
30 (a) a facility or program owned or operated by an agency of the United States
31 government;
32 (b) group counseling provided by a mental health therapist, as defined in Section
33 58-60-102 , who is licensed to practice in this state;
34 (c) a health care facility licensed pursuant to Title 26, Chapter 21, Health Care Facility
35 Licensing and Inspection Act;
36 (d) care provided to qualifying children by or in the homes of parents, legal guardians,
37 grandparents, brothers, sisters, uncles, or aunts;
38 (e) care provided to qualifying children, in the home of the provider, for less than four
39 hours a day or on a sporadic basis, unless that child care directly affects or is related to a
40 business licensed in this state;
41 (f) care provided to qualifying children as part of a course of study at or a program
42 administered by an educational institution that is regulated by the boards of education of this
43 state, a private education institution that provides education in lieu of that provided by the
44 public education system, or by a parochial education institution;
45 (g) care provided to qualifying children by a public or private institution of higher
46 education, if the care is provided in connection with a course of study or program, relating to
47 the education or study of children, that is provided to students of the institution of higher
48 education;
49 (h) care provided to qualifying children at a public school by an organization other than
50 the public school, if:
51 (i) the care is provided under contract with the public school or on school property; or
52 (ii) the public school accepts responsibility and oversight for the care provided by the
53 organization;
54 (i) care provided to qualifying children as part of a summer camp that operates on
55 federal land pursuant to a federal permit;
56 (j) care provided by an organization that:
57 (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
58 Code;

59 (ii) is provided pursuant to a written agreement with:
60 (A) a municipality, as defined in Section 10-1-104 , that provides oversight for the
61 program; or
62 (B) a county that provides oversight for the program; and
63 (iii) is provided to children who are over the age of four and under the age of 13; [or]
64 (k) care provided at a residential support program that is licensed by the Department of
65 Human Services[.]; or
66 (l) care provided as part of a summer camp that:
67 (i) is provided by an organization that qualifies for tax exempt status under Section
68 501(c)(3) of the Internal Revenue Code; and
69 (ii) is only provided between May 15 and September 15.
70 (2) A person who is excluded, under Subsection (1), from the provisions and
71 requirements of this chapter, shall conduct a criminal background check on all of the person's
72 employees who have access to a qualifying child to whom care is provided by the person.




Legislative Review Note
as of 1-11-10 11:23 AM

Office of Legislative Research and General Counsel