HB3572 94TH GENERAL ASSEMBLY

LRB094 06392 DRJ 36477 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3572

Introduced 2/24/2005, by Rep. John A. Fritchey

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-323 new
210 ILCS 100/3.01	from Ch. 111 1/2, par. 549.3-01
210 ILCS 100/3.01a new
210 ILCS 100/3.01b new
210 ILCS 100/6	from Ch. 111 1/2, par. 549.6
210 ILCS 100/6.5 new
30 ILCS 805/8.29 new

Amends the Department of State Police Law of the Civil Administrative Code of Illinois, the Youth Camp Act, and the State Mandates Act. In the Youth Camp Act, adds definitions of "resident camp" and "day camp" and provides that requirements relating to construction permits apply only to resident camps. Provides that youth camp employees age 18 or over must authorize a criminal history records check as a condition of employment and that youth camps must ensure that such checks are conducted with respect to their employees as a condition of licensure. Authorizes the Department of State Police to conduct such checks upon the request of the Department of Public Health. Provides that the unauthorized release of confidential information concerning a criminal conviction of an applicant for employment of a youth camp is a Class A misdemeanor. Provides that a youth camp may not knowingly employ as a counselor a person for whom a criminal history records check has not been initiated. Provides that the Department of Public Health shall charge a licensee a fee for the cost of conducting criminal history records checks, and makes those costs exempt from State reimbursement under the State Mandates Act. Effective January 1, 2006.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning children.

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

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-323 as follows:

(20 ILCS 2605/2605-323 new)

Sec. 2605-323. Conviction information for Department of Public Health. On the request of the Department of Public Health, the Department of State Police shall conduct an inquiry pursuant to Section 6.5 of the Youth Camp Act to ascertain whether an employee of a youth camp or a person seeking employment at a youth camp has been convicted of any offense set forth in Section 6.5 of the Youth Camp Act. The Department of State Police shall furnish the conviction information to the Department of Public Health.

Section 10. The Youth Camp Act is amended by changing Sections 3.01 and 6 and by adding Sections 3.01a, 3.01b, and 6.5 as follows:

(210 ILCS 100/3.01) (from Ch. 111 1/2, par. 549.3-01)

Sec. 3.01. Youth camp. "Youth camp Camp" means any parcel of land having the general characteristics and features of a camp as the term is generally understood, used wholly or in part for recreational or instructional purposes and accommodating, for profit or under philanthropic or charitable auspices, 5 or more children under 18 years of age, apart from their parents, relatives or legal guardians for a period of 3 or more consecutive days or 5 days during the calendar year or more. This site may be equipped with temporary or permanent buildings and may be operated as a day camp or as a resident camp.

(Source: P.A. 78-715.)

(210 ILCS 100/3.01a new)

Sec. 3.01a. Day camp. "Day camp" means any business or program operated wholly or in part for recreational or instructional purposes and accommodating, for profit or under philanthropic or charitable auspices, 5 or more children under 18 years of age, apart from their parents, relatives, or legal guardians, whether operated by an individual, a private organization, or a unit of local government or other public entity. The term includes any such program operated for any part of a day or for a longer period. The term does not include any of the following: classroom-based summer instructional programs; or schools subject to the School Code.

(210 ILCS 100/3.01b new)

Sec. 3.01b. Resident camp. "Resident camp" means any parcel of land having the general characteristics and features of a camp as the term is generally understood, used wholly or in part for recreational or instructional purposes, whether operated by an individual, a private organization, or a unit of local government or other public entity, and accommodating, for profit or under philanthropic or charitable auspices, 5 or more children under 18 years of age, apart from their parents, relatives, or legal guardians, for a period of 3 or more consecutive days or 5 or more days during the calendar year.

(210 ILCS 100/6) (from Ch. 111 1/2, par. 549.6)

Sec. 6. Resident camp; construction permit. After January 1, 2006 1974, it shall be unlawful for any person to construct any resident youth camp as herein defined unless he holds a valid construction permit issued by the Department. Construction permits shall be issued to the person identified in the application for the specific construction described therein and shall be valid for one year from date of issue. All applications for a construction permit shall be made to the Department on forms furnished by the Department and shall contain the following:

(a) Name and address of applicant.

(b) The name and address of all persons having an interest in the proposed resident youth camp.

(c) Location and legal description of the proposed resident youth camp.

(d) Plans and specifications for the construction of the proposed resident youth camp which shall include:

(1) The area and the dimensions of the tract of land;

(2) The location of roadways;

(3) The location of service buildings, sanitary stations, and any other proposed structures or facilities;

(4) The location of water and sewer lines and rise pipes;

(5) Plans and specifications of food handling facilities, water supply, refuse and sewage disposal facilities;

(6) Plans and specifications of all buildings constructed, or to be constructed within the resident youth camp;

(7) The location and details of all lighting and electrical systems;

(8) The location and description of all swimming and bathing areas;

(e) The calendar months of the year during which the applicant will operate the resident youth camp.

(f) A statement of the fire fighting facilities, public or private, which are available to the resident youth camp.

(g) Such other information as may be required by rules adopted by the Department hereunder.

(Source: P.A. 78-715.)

(210 ILCS 100/6.5 new)

Sec. 6.5. Youth camp employees; criminal history records checks.

(a) After January 1, 2006, every person who is 18 years of age or older and who is an employee of a licensee or a person seeking employment with a licensee must, as a condition of such employment, authorize a fingerprint-based criminal history records check to determine whether the employee or person seeking employment (i) has been convicted, after attaining the age of 18 years, of any of the enumerated criminal or drug offenses in subsection (c) of this Section or (ii) has been convicted, after attaining the age of 18 years and within 7 years preceding the effective date of this amendatory Act of the 94th General Assembly or the date of the application for employment with the licensee, whichever is earlier, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the criminal history records check shall be furnished to the licensee by the employee or person seeking employment. Upon receipt of this authorization, the licensee, as a condition of licensure under this Act, shall submit the applicant's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers as prescribed by the Department of State Police to the Department of Public Health, which shall then submit that information to the Department of State Police in the form and manner prescribed by the Department of State Police. The Department of Public Health shall charge the licensee a fee for conducting the criminal history records check, and the fee shall not exceed the cost of processing the inquiry. Fees collected under this subsection shall be deposited into the State Police Services Fund. The licensee may not charge the employee or the person seeking employment a fee for the criminal history records check. The Department of Public Health shall promptly notify the licensee that the Department has requested the criminal history records check.

The Department of State Police and the Federal Bureau of Investigation shall furnish to the Department of Public Health, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to ascertain whether an employee of a licensee or a person seeking employment with a licensee has been convicted, after attaining the age of 18 years, of committing or attempting to commit any of the enumerated criminal or drug offenses in subsection (c) or has been convicted of committing or attempting to commit, after attaining the age of 18 years and within 7 years preceding the effective date of this amendatory Act of the 94th General Assembly or the date of the application for employment with the licensee, whichever is earlier, any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State.

(b) Any information concerning the record of convictions obtained by the Department of Public Health shall be confidential and may be transmitted only to the licensee. A copy of the record of convictions obtained from the Department of State Police shall be provided to the employee or person seeking employment. Any person who releases any confidential information concerning any criminal convictions of an employee of a licensee or a person seeking employment with a licensee is guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section.

(c) A licensee may not knowingly employ a person who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, a licensee may not knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.

(d) A licensee may not knowingly employ a person for whom a criminal history records check has not been initiated under this Section.

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect January 1, 2006.