SB0289 94TH GENERAL ASSEMBLY

LRB094 06079 DRJ 36140 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0289

Introduced 2/3/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

210 ILCS 110/2	from Ch. 111 1/2, par. 185.2
210 ILCS 110/5	from Ch. 111 1/2, par. 185.5
210 ILCS 110/6	from Ch. 111 1/2, par. 185.6
210 ILCS 110/9	from Ch. 111 1/2, par. 185.9
210 ILCS 110/9.1	from Ch. 111 1/2, par. 185.9-1
210 ILCS 110/13A	from Ch. 111 1/2, par. 185.13A
230 ILCS 5/32	from Ch. 8, par. 37-32

Amends the Illinois Migrant Labor Camp Law. Includes living quarters for backstretch employees or backstretch workers at Illinois horse race tracks within the definition of "migrant labor camp", so that such facilities are subject to licensure and inspection by the Department of Public Health. Requires those camps to meet minimum housing guidelines specified by OSHA. Prescribes features of housing for backstretch worker families with children, and limits the concurrent exercise of home rule powers with respect to the regulation of such housing. Authorizes the Department of Public Health to designate a federal, State, or municipal or other local agency or entity to conduct inspections related to protecting the health, safety, and welfare of laborers, backstretch employees, or backstretch workers. Authorizes the Department or the Department's designated agent to conduct an inspection of a migrant labor camp providing living quarters for backstretch employees or backstretch workers at any time during the horse racing season. Adds representatives of the Department's designated agents to the membership of the advisory committee. Makes other changes. Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the Illinois Race Track Improvement Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to housing.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Migrant Labor Camp Law is amended by changing Sections 2, 5, 6, 9, 9.1, and 13A as follows:

(210 ILCS 110/2) (from Ch. 111 1/2, par. 185.2)

Sec. 2. When used in this Act:

"Migrant labor camp" means one or more buildings, structures, tents, trailers or vehicles or any combination thereof together with the land appertaining thereto established, operated or maintained as living quarters for (i) ten or more migrant workers or 4 or more families containing migrant workers who are engaged in agricultural activities or (ii) backstretch employees or backstretch workers at Illinois horse race tracks.

"Migrant Worker" means any person who moves seasonally from one place to another, within or without the State, for the purpose of employment in agricultural activities.

"Agricultural Activities" means and includes planting, raising or harvesting of any agricultural or horticultural commodities, including the related handling, packing and processing upon the farm where produced or at the point of first processing.

"Backstretch employee" or "backstretch worker" means (i) a person working for a trainer of thoroughbred horses or standardbred horses stabled at a race track authorized to conduct horse racing under the Illinois Horse Racing Act of 1975 or (ii) a seasonal worker in the horse racing industry in Illinois. The term includes the person's family members who live with the person.

"Department" means the Department of Public Health of the State of Illinois.

"Director" means the Director of the Department of Public Health.

"Designated agent" means any federal, State, or municipal or other local agency or entity authorized by the Department to conduct fire, health, housing, safety, sanitation, or other inspections related to protecting the health, safety, and welfare of laborers, backstretch employees, or backstretch workers.

"Person" means any person, partnership, firm, association or corporation.

(Source: Laws 1965, p. 2356.)

(210 ILCS 110/5) (from Ch. 111 1/2, par. 185.5)

Sec. 5. (a) In order to qualify for a license under the provisions of this Act, a migrant labor camp shall meet the requirements of this Act and the rules promulgated by the Department pursuant thereto.

(b) A migrant labor camp providing living quarters for backstretch employees or backstretch workers must meet the minimum housing guidelines specified in 29 CFR 1910.142 (standards for temporary labor camps, published by the U.S. Department of Labor, Occupational Safety and Health Administration).

Before the Department may issue a license for a migrant labor camp on a backstretch, the Illinois Racing Board must certify in a written report to the Department that the proposed new construction reflected in the working drawings and specifications complies with federal housing quality standards listed in this Section, local codes and ordinances, and zoning requirements. The new units must be constructed of masonry, brick, or concrete materials and may not be temporary trailers, temporary shelters, or mobile homes. To the maximum extent practicable, projects for families with children must consist of low-density housing (for example, non-elevator structures, scattered sites, or other types of low-density developments appropriate in the community) and must include the following features:

(1) Physical structures must (i) be designed, constructed, and equipped so as to improve or harmonize with the neighborhoods they occupy, (ii) meet contemporary standards of modest comfort and livability, (iii) promote security, and (iv) be attractive and marketable to the people they are intended to serve. Building design and construction must strive to encourage in residents a proprietary sense.

(2) Each unit must contain at least 4 square feet of closet space for each resident, with an unobstructed height of at least 5 feet. If there is less closet space, then space equal to the amount of the deficiency must be subtracted from the area of the habitable room space when determining the amount of floor space in the unit.

(3) A sprinkler system that protects all major spaces, hard wired smoke detectors, and such other fire and safety improvements as State or local law may require must be installed in each building. The term "major spaces" means hallways, large common areas, and other areas specified in local fire, building, or safety codes.

(4) The project must comply with a national building code, such as the Uniform Building Code, the Council of American Building Officials Code, or the Building Officials Conference of America Code.

A home rule unit may regulate housing for backstretch employees or backstretch workers, but that regulation must be no less restrictive than the regulation by the State of housing for backstretch employees or backstretch workers under this subsection. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 86-595.)

(210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)

Sec. 6. Upon receipt of an application for a license, the Department or the Department's designated agent shall inspect the camp site and the facilities described in the application approximately 30 days prior to the date on which the occupancy and use of such camp is to commence. If the Department or the Department's designated agent finds that the Migrant Labor Camp described in the application meets and complies with the provisions of this Act and the rules and regulations of the Department in relation thereto, the Director shall, not less than 15 days prior to the date on which the occupancy and use of such camp is to commence, issue a license to the applicant for the operation of the camp.

If the application is denied, the Department shall notify the applicant in writing of such denial not less than 15 days prior to the date on which the occupancy and use of such camp is to commence, setting forth the reasons therefor. If the conditions constituting the basis for such denial are remediable, the applicant may correct such conditions and notify the Department in writing indicating therein the manner in which such conditions have been remedied. Notifications of corrections shall be processed in the same manner as the original application.

(Source: Laws 1965, p. 2356.)

(210 ILCS 110/9) (from Ch. 111 1/2, par. 185.9)

Sec. 9. Representatives of the Department, including a designated agent of the Department, duly authorized by the Director shall have the right to enter upon the premises of any migrant labor camp at all reasonable hours for the purpose of inspecting such camp and the facilities thereof, and determining whether or not such camp is maintained and operated in accordance with the provisions of this Act and the rules and regulations of the Department relating thereto.

(Source: Laws 1965, p. 2356.)

(210 ILCS 110/9.1) (from Ch. 111 1/2, par. 185.9-1)

Sec. 9.1. (a) Representatives of the Department, including a designated agent of the Department, duly authorized by the Director shall inspect each migrant labor camp at least one time before the laborers, backstretch employees, or backstretch workers arrive and at least one time while the camp is being used, for the purpose of determining whether or not the camp is being maintained and operated in accordance with this Act and the rules and regulations of the Department relating thereto. In addition, the Department or the Department's designated agent may at any time during the horse racing season conduct such an inspection of a migrant labor camp providing living quarters for backstretch employees or backstretch workers. The Director of the Department of Public Health may grant temporary variances for existing housing that does not meet federal standards and allow not more than 2 years in order to comply with such standards.

(b) With respect to living quarters for backstretch employees, the Illinois Racing Board shall prepare a backstretch worker housing plan to be submitted to the Department by June 15, 2006. If the Board fails to submit a housing plan to the Department by June 15, 2006, the Department shall deny a license for the migrant labor camp.

Construction of new backstretch housing must be completed by April 15, 2008. If the Board fails to construct new backstretch housing by April 15, 2008, the Department shall deny a license for the migrant labor camp.

(Source: P.A. 77-1526.)

(210 ILCS 110/13A) (from Ch. 111 1/2, par. 185.13A)

Sec. 13A. The Director of the Department shall appoint an advisory committee of not less than five members consisting of one or more representatives of vegetable growers, fruit growers, canning crops, the Department's designated agents, and of the general public, who are familiar with migrant labor camps. The Director and the Department shall advise with such committee concerning the administration of this Act, the rules and regulations of the Department relating thereto, the needs of migrant workers and their families and related problems. The committee shall meet as frequently as the Director deems necessary. Meetings also may be held upon the concurrence of at least 3 members of the committee and 10 days prior written notice to each member of the committee.

(Source: P.A. 86-595.)

Section 10. The Illinois Horse Racing Act of 1975 is amended by changing Section 32 as follows:

(230 ILCS 5/32) (from Ch. 8, par. 37-32)

Sec. 32. Illinois Race Track Improvement Fund. Within 30 days after the effective date of this Act, the Illinois Racing Board shall cause all moneys previously deposited in the Illinois Race Track Improvement Fund to be remitted to the racetrack from which the licensee derives its license in accordance to the amounts generated by each licensee.

(Source: P.A. 91-40, eff. 1-1-00.)

Section 99. Effective date. This Act takes effect upon becoming law.