Sec. 1. 22 MRSA §7801, sub-§1, ¶E, as amended by PL 1987, c. 389, §2, is further amended to read:

E. A day child care facility; or

Sec. 2. 22 MRSA §7801, sub-§1, ¶F, as amended by PL 1987, c. 389, §3, is repealed.

Sec. 3. 22 MRSA c. 1673 is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 1673

CHILD CARE FACILITIES

Sec. 4. 22 MRSA §8301-A, as amended by PL 1999, c. 363, §§4 and 5, is further amended to read:

§8301-A. Licensure of child care facilities; certification of

home day care providers

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Day care center" means:

(1) A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 13 or more children under 13 years of age;

(2) A facility that is not part of a person's own home where there are between 3 and 12 children being cared for; or

(3) Any location or locations that are operated as a single day care program or by a single person or persons when there are more than 12 children being cared for.

"Day care center" does not include a facility operated as a nursery school, a facility operated by a home day care provider or a summer camp established solely for recreational and educational purposes or a formal public or private school in the nature of a kindergarten or elementary