Rep. John A. Fritchey
Filed: 3/25/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 6951
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 6951 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-323 as follows: | ||||||
7 | (20 ILCS 2605/2605-323 new)
| ||||||
8 | Sec. 2605-323. Conviction information for Department of | ||||||
9 | Public Health. On the request of the Department of Public | ||||||
10 | Health, the Department of State Police shall conduct an inquiry | ||||||
11 | pursuant to Section 6.5 of the Youth Camp Act to ascertain | ||||||
12 | whether an employee of a youth camp or a person seeking | ||||||
13 | employment at a youth camp has been convicted of any offense | ||||||
14 | set forth in Section 6.5 of the Youth Camp Act. The Department | ||||||
15 | of State Police shall furnish the conviction information to the | ||||||
16 | Department of Public Health. | ||||||
17 | Section 10. The Youth Camp Act is amended by changing | ||||||
18 | Sections 3.01 and 6 and by adding Sections 3.01a, 3.01b, and | ||||||
19 | 6.5 as follows:
| ||||||
20 | (210 ILCS 100/3.01) (from Ch. 111 1/2, par. 549.3-01)
| ||||||
21 | Sec. 3.01. Youth camp.
"Youth camp
Camp " means any parcel | ||||||
22 | of land having the general characteristics
and features of a |
| |||||||
| |||||||
1 | camp as the term is generally understood, used wholly or
in | ||||||
2 | part for recreational or instructional purposes and | ||||||
3 | accommodating, for
profit or under philanthropic or charitable | ||||||
4 | auspices, 5 or more children
under 18 years of age, apart from | ||||||
5 | their parents, relatives or legal
guardians for a period of 3 | ||||||
6 | or more consecutive days or 5 days during the
calendar year or | ||||||
7 | more. This site may be equipped with temporary or
permanent | ||||||
8 | buildings and may be operated as a day camp or as a resident
| ||||||
9 | camp.
| ||||||
10 | (Source: P.A. 78-715.)
| ||||||
11 | (210 ILCS 100/3.01a new) | ||||||
12 | Sec. 3.01a. Day camp. "Day camp" means any business or | ||||||
13 | program operated wholly or in part for recreational or | ||||||
14 | instructional purposes and accommodating, for profit or under | ||||||
15 | philanthropic or charitable auspices, 5 or more children under | ||||||
16 | 18 years of age, apart from their parents, relatives, or legal | ||||||
17 | guardians, whether operated by an individual, a private | ||||||
18 | organization, or a unit of local government or other public | ||||||
19 | entity. The term includes any such program operated for any | ||||||
20 | part of a day or for a longer period. The term does not include | ||||||
21 | any of the following: classroom-based summer instructional | ||||||
22 | programs; or schools subject to the School Code. | ||||||
23 | (210 ILCS 100/3.01b new) | ||||||
24 | Sec. 3.01b. Resident camp. "Resident camp" means any parcel | ||||||
25 | of land having the general characteristics and features of a | ||||||
26 | camp as the term is generally understood, used wholly or in | ||||||
27 | part for recreational or instructional purposes, whether | ||||||
28 | operated by an individual, a private organization, or a unit of | ||||||
29 | local government or other public entity, and accommodating, for | ||||||
30 | profit or under philanthropic or charitable auspices, 5 or more | ||||||
31 | children under 18 years of age, apart from their parents, | ||||||
32 | relatives, or legal guardians, for a period of 3 or more |
| |||||||
| |||||||
1 | consecutive days or 5 or more days during the calendar year.
| ||||||
2 | (210 ILCS 100/6) (from Ch. 111 1/2, par. 549.6)
| ||||||
3 | Sec. 6. Resident camp; construction permit.
After | ||||||
4 | January 1, 2005
1974 , it shall be unlawful for any person to | ||||||
5 | construct
any resident
youth camp as herein defined unless he | ||||||
6 | holds a valid construction
permit issued by the Department. | ||||||
7 | Construction permits shall be issued to
the person identified | ||||||
8 | in the application for the specific construction
described | ||||||
9 | therein and shall be valid for one year from date of issue. All
| ||||||
10 | applications for a construction permit shall be made to the | ||||||
11 | Department on
forms furnished by the Department and shall | ||||||
12 | contain the following:
| ||||||
13 | (a) Name and address of applicant.
| ||||||
14 | (b) The name and address of all persons having an interest | ||||||
15 | in the
proposed resident
youth camp.
| ||||||
16 | (c) Location and legal description of the proposed resident
| ||||||
17 | youth camp.
| ||||||
18 | (d) Plans and specifications for the construction of the | ||||||
19 | proposed resident
youth
camp which shall include:
| ||||||
20 | (1) The area and the dimensions of the tract of land;
| ||||||
21 | (2) The location of roadways;
| ||||||
22 | (3) The location of service buildings, sanitary stations, | ||||||
23 | and any other
proposed structures or facilities;
| ||||||
24 | (4) The location of water and sewer lines and rise pipes;
| ||||||
25 | (5) Plans and specifications of food handling facilities, | ||||||
26 | water supply,
refuse and sewage disposal facilities;
| ||||||
27 | (6) Plans and specifications of all buildings constructed, | ||||||
28 | or to be
constructed within the resident
youth camp;
| ||||||
29 | (7) The location and details of all lighting and electrical | ||||||
30 | systems;
| ||||||
31 | (8) The location and description of all swimming and | ||||||
32 | bathing areas;
| ||||||
33 | (e) The calendar months of the year during which the |
| |||||||
| |||||||
1 | applicant will
operate the resident
youth camp.
| ||||||
2 | (f) A statement of the fire fighting facilities, public or | ||||||
3 | private,
which are available to the resident
youth camp.
| ||||||
4 | (g) Such other information as may be required by rules | ||||||
5 | adopted by the
Department hereunder.
| ||||||
6 | (Source: P.A. 78-715.)
| ||||||
7 | (210 ILCS 100/6.5 new)
| ||||||
8 | Sec. 6.5. Youth camp employees; criminal background | ||||||
9 | investigations. | ||||||
10 | (a) After January 1, 2005, every person who is 18 years of | ||||||
11 | age or older and who is an employee of a licensee or a person | ||||||
12 | seeking employment with a licensee must, as a condition of such | ||||||
13 | employment, authorize an investigation to determine whether | ||||||
14 | the employee or person seeking employment (i) has been | ||||||
15 | convicted, after attaining the age of 18 years, of any of
the | ||||||
16 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
17 | Section or
(ii) has been convicted, after attaining the age of | ||||||
18 | 18 years and within 7 years preceding the effective date of | ||||||
19 | this amendatory Act of the 93rd General Assembly or the date of | ||||||
20 | the application for employment with
the
licensee, whichever is | ||||||
21 | earlier, of any other felony under the laws of this State or of | ||||||
22 | any
offense committed or attempted in any other state or | ||||||
23 | against the laws of
the United States that, if committed or | ||||||
24 | attempted in this State, would
have been punishable as a felony | ||||||
25 | under the laws of this State.
Authorization for the | ||||||
26 | investigation shall be furnished to the licensee by the | ||||||
27 | employee or person seeking employment. Upon receipt of this | ||||||
28 | authorization, the licensee, as a condition of licensure under | ||||||
29 | this Act, shall submit the applicant's
name, sex, race, date of | ||||||
30 | birth, and social security number to the Department of Public | ||||||
31 | Health, which shall then submit that information to the | ||||||
32 | Department
of State Police on forms prescribed by the | ||||||
33 | Department of State Police. The Department of
Public Health |
| |||||||
| |||||||
1 | shall promptly notify the licensee that the
Department has | ||||||
2 | requested the investigation. | ||||||
3 | The Department of State
Police shall conduct a search of | ||||||
4 | the Illinois criminal history records
database to ascertain | ||||||
5 | whether the employee or person seeking employment has been | ||||||
6 | convicted, after attaining the age of 18 years, of committing | ||||||
7 | or attempting to
commit any of the enumerated
criminal or drug | ||||||
8 | offenses in subsection (c) or has been convicted of
committing | ||||||
9 | or attempting to commit, after attaining the age of 18 years | ||||||
10 | and within 7
years
preceding the effective date of this | ||||||
11 | amendatory Act of the 93rd General Assembly or the date of the | ||||||
12 | application for employment with the
licensee, whichever is | ||||||
13 | earlier, any other felony under the laws of this State or of | ||||||
14 | any
offense committed or attempted in any other state or | ||||||
15 | against the laws of
the United States that, if committed or | ||||||
16 | attempted in this State, would
have been punishable as a felony | ||||||
17 | under the laws of this State.
The
Department of State Police | ||||||
18 | shall charge
the Department of Public Health a fee for
| ||||||
19 | conducting the investigation, and that fee shall be deposited | ||||||
20 | into the State
Police Services Fund. The fee shall not exceed | ||||||
21 | the cost of the inquiry. The Department of Public Health shall | ||||||
22 | request reimbursement of the amount of the fee from the | ||||||
23 | licensee.
| ||||||
24 | (b) If the search of the Illinois criminal history records | ||||||
25 | database
indicates that the employee or person seeking | ||||||
26 | employment has been convicted, after attaining the age of 18 | ||||||
27 | years, of committing or attempting to
commit any of the | ||||||
28 | enumerated criminal or drug offenses in subsection (c) or
has | ||||||
29 | been convicted of committing or attempting to commit, after | ||||||
30 | attaining the age of 18 years and within 7 years
preceding the
| ||||||
31 | effective date of this amendatory Act of the 93rd General | ||||||
32 | Assembly or the date of the application for employment with the | ||||||
33 | licensee, whichever is earlier, any other felony under the
laws | ||||||
34 | of this State,
the Department of State Police and the Federal |
| |||||||
| |||||||
1 | Bureau of Investigation shall furnish,
pursuant to a | ||||||
2 | fingerprint-based background check,
records of convictions, | ||||||
3 | until expunged, to the Department of Public Health. Any | ||||||
4 | information
concerning the record of convictions obtained by | ||||||
5 | the Department of Public Health shall be confidential and may
| ||||||
6 | be transmitted only to the licensee. A copy
of the record of | ||||||
7 | convictions obtained from the Department of State Police
shall | ||||||
8 | be provided to the employee or person seeking employment. Any | ||||||
9 | person who releases any
confidential information concerning | ||||||
10 | any criminal convictions of an employee of a licensee or a | ||||||
11 | person seeking employment with a licensee is guilty of a Class | ||||||
12 | A misdemeanor, unless
the release of such information is | ||||||
13 | authorized by this Section.
| ||||||
14 | (c) A licensee may not knowingly employ a person who has | ||||||
15 | been
convicted for committing attempted first degree murder or | ||||||
16 | for committing or
attempting to commit first degree murder or a | ||||||
17 | Class X felony or any one or
more of the
following offenses: | ||||||
18 | (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| ||||||
19 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | ||||||
20 | 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | ||||||
21 | Criminal Code of 1961; (ii)
those defined in the Cannabis | ||||||
22 | Control Act except those defined in Sections
4(a), 4(b) and | ||||||
23 | 5(a) of that Act; (iii) those defined in the Illinois
| ||||||
24 | Controlled Substances Act; and (iv) any
offense committed or | ||||||
25 | attempted in
any other state or against the laws of the United | ||||||
26 | States that, if
committed or attempted in this State, would | ||||||
27 | have been punishable as one or
more of the foregoing offenses.
| ||||||
28 | Further, a licensee may not knowingly employ a person who has | ||||||
29 | been found
to be the perpetrator of sexual or physical abuse of | ||||||
30 | any minor under 18 years
of age pursuant to proceedings under | ||||||
31 | Article II of the Juvenile Court Act of
1987. | ||||||
32 | (d) A licensee may not knowingly employ a person for whom a | ||||||
33 | criminal
background investigation has not been initiated under | ||||||
34 | this Section. |
| |||||||
| |||||||
1 | Section 90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.28 as
follows:
| ||||||
3 | (30 ILCS 805/8.28 new)
| ||||||
4 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this
Act, no reimbursement by the State is required for the | ||||||
6 | implementation of
any mandate created by this amendatory Act of | ||||||
7 | the 93rd General Assembly.
| ||||||
8 | Section 99. Effective date. This Act takes effect January | ||||||
9 | 1, 2005.".
|