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Rep. Lisa M. Dugan
Filed: 2/21/2008
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09500HB4471ham002 |
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LRB095 18636 DRJ 46703 a |
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| AMENDMENT TO HOUSE BILL 4471
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| AMENDMENT NO. ______. Amend House Bill 4471 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Missing Children Records Act is amended by |
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| changing Section 5 as follows:
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| (325 ILCS 50/5) (from Ch. 23, par. 2285)
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| Sec. 5. Duties of school or other entity. |
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| (a) Upon notification by the Department of a
person's |
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| disappearance, a school, preschool educational program, child |
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| care facility, or day care home or group day care home in which |
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| the person is currently or was
previously enrolled shall flag |
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| the record of that person in such a manner
that whenever a copy |
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| of or information regarding the record is requested,
the school |
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| or other entity shall be alerted to the fact that the record is |
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| that of a
missing person. The school or other entity shall |
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LRB095 18636 DRJ 46703 a |
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| immediately report to the
Department any request concerning |
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| flagged records or knowledge
as to the whereabouts of any |
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| missing person. Upon notification by the
Department that the |
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| missing person has been recovered, the school or other entity
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| shall
remove the flag from the person's record.
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| (b) (1) For every child enrolled Upon enrollment of a child |
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| for the first time in a particular
elementary or secondary |
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| school, public or private preschool educational program, |
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| public or private child care facility licensed under the Child |
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| Care Act of 1969, or day care home or group day care home |
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| licensed under the Child Care Act of 1969, that school or other |
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| entity shall notify in writing the
person enrolling the child |
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| that within 30 days he must provide either (i) a copy of
a |
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| certified copy of the child's birth certificate or (ii) other |
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| reliable
proof, as determined by the Department, of the child's |
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| identity and age
and an affidavit explaining the inability to |
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| produce a copy of the birth
certificate. Other reliable proof |
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| of the child's identity and age shall
include a passport, visa |
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| or other governmental documentation of the child's
identity. |
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| Once a school or other entity has obtained a copy of a |
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| certified copy of a child's birth certificate as required under |
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| item (i) of this subdivision (b)(1), the school or other entity |
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| need not request or obtain another such copy with respect to |
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| that child for any other year in which the child is enrolled in |
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| that school or other entity.
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| (2) Upon the failure of a person enrolling a child
to
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LRB095 18636 DRJ 46703 a |
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| comply with subsection (b) (1), the school or other entity
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| shall immediately notify the
Department or local law |
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| enforcement agency of such failure, and shall
notify the person |
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| enrolling the child in writing that he has 10
additional days |
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| to comply.
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| (3) The school or other entity shall immediately report to |
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| the Department any affidavit
received pursuant to this |
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| subsection which appears inaccurate or suspicious
in form or |
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| content.
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| (c) Within 14 days after enrolling a transfer student, the |
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| elementary or
secondary school shall request directly from the |
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| student's previous school
a certified copy of his record. The |
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| requesting school shall exercise due
diligence in obtaining the |
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| copy of the record requested. Any elementary
or secondary |
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| school requested to forward a copy of a transferring student's
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| record to the new school shall comply within 10 days of receipt |
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| of the
request unless the record has been flagged pursuant to |
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| subsection (a), in
which case the copy shall not be forwarded |
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| and the requested school shall
notify the Department or local |
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| law enforcement authority of the request.
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| (d) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 95-439, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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