Exempts certain child day care facilities that serve only dependent children of military personnel and are located on certain federal property or certified by a branch of the U.S. Department of Defense or the U.S. Coast Guard from certain registration and licensing requirements for child care providers in this state.
STATE OF NEW YORK
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24
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to an exemption
from state licensing for military child day care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 14 of section 390 of the social services law is
2 renumbered subdivision 15 and a new subdivision 14 is added to read as
3 follows:
4 14. (a) The licensing and registration provisions of this section
5 shall not apply to a child day care home facility that:
6 (i) (A) serves only dependent children of military personnel; and
7 (B) is located on a military base or federal property; or
8 (ii) is certified as a child development program by a branch of the
9 United States Department of Defense or the United States Coast Guard.
10 (b) The United States Department of Defense or the United States Coast
11 Guard, or their agents, including an installation commander of a mili-
12 tary base on which a child day care facility is located, may assume
13 responsibility for approving or determining which children may be served
14 by child day care facilities that are exempted by this subdivision.
15 (c) This subdivision does not supersede:
16 (i) any right or power of the department of health or any local health
17 officer;
18 (ii) any right or power of the department of education;
19 (iii) any building code or zoning provision;
20 (iv) any right or power of the administration within the department or
21 any local social services office; or
22 (v) any right or power of the department to otherwise regulate resi-
23 dential child care facilities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00112-01-5
A. 24 2
1 (d) Notwithstanding any other provision of law, if a child care facil-
2 ity for school age children is operated before and after school hours in
3 a building which is in use as a public or private school, the school age
4 child care center:
5 (i) shall meet local fire, health, and zoning codes required of school
6 buildings; and
7 (ii) may not be required to meet any additional regulations relative
8 to the physical plant beyond those imposed by the county in which the
9 building is located or the local board of education with respect to such
10 building.
11 § 2. This act shall take effect immediately.
