Full Text of SB0289 94th General Assembly
SB0289 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0289
Introduced 2/3/2005, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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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 |
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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.
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FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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SB0289 |
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LRB094 06079 DRJ 36140 b |
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| AN ACT in relation to housing.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Migrant Labor Camp Law is amended | 5 |
| by changing
Sections 2, 5, 6, 9, 9.1, and 13A as follows:
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| (210 ILCS 110/2) (from Ch. 111 1/2, par. 185.2)
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| Sec. 2. When used in this Act:
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| "Migrant labor camp" means one or more buildings, | 9 |
| structures, tents,
trailers or vehicles or any combination | 10 |
| thereof together with the land
appertaining thereto | 11 |
| established, operated or maintained as living quarters
for (i)
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| ten or more migrant workers or 4 or more families containing
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| migrant
workers who are engaged in agricultural activities
or | 14 |
| (ii) backstretch employees or backstretch workers at Illinois | 15 |
| horse race
tracks .
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| "Migrant Worker" means any person who moves seasonally from | 17 |
| one place to
another, within or without the State, for the | 18 |
| purpose of employment in
agricultural activities.
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| "Agricultural Activities" means and includes planting, | 20 |
| raising or
harvesting of any agricultural or horticultural | 21 |
| commodities, including the
related handling, packing and | 22 |
| processing upon the farm where produced or at
the point of | 23 |
| first processing.
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| "Backstretch employee" or "backstretch worker" means (i) a | 25 |
| person working
for
a
trainer of thoroughbred horses or | 26 |
| standardbred horses stabled at a race track
authorized to
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| conduct horse racing under the
Illinois Horse Racing Act of | 28 |
| 1975 or (ii) a seasonal
worker in the horse racing industry in | 29 |
| Illinois. The term includes the person's
family
members who | 30 |
| live with the person.
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| "Department" means the Department of Public Health of the | 32 |
| State of
Illinois.
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| "Director" means the Director of the Department of Public | 2 |
| Health.
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| "Designated agent" means any federal, State, or municipal | 4 |
| or other local
agency
or entity authorized by the Department to | 5 |
| conduct fire,
health, housing, safety, sanitation,
or other | 6 |
| inspections related to protecting the health, safety, and | 7 |
| welfare of
laborers,
backstretch employees, or backstretch | 8 |
| workers.
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| "Person" means any person, partnership, firm, association | 10 |
| or
corporation.
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| (Source: Laws 1965, p. 2356.)
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| (210 ILCS 110/5) (from Ch. 111 1/2, par. 185.5)
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| Sec. 5. (a) In order to qualify for a license under the | 14 |
| provisions of this Act, a
migrant labor camp shall meet the | 15 |
| requirements of this Act and the rules
promulgated by the | 16 |
| Department pursuant thereto.
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| (b) A migrant labor camp providing living quarters for | 18 |
| backstretch employees or
backstretch
workers must meet the | 19 |
| minimum housing guidelines specified in 29 CFR 1910.142
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| (standards for temporary labor camps, published by the U.S. | 21 |
| Department of
Labor,
Occupational Safety and Health | 22 |
| Administration). | 23 |
| Before the Department may issue a license for a migrant | 24 |
| labor camp on a backstretch, the Illinois Racing Board must | 25 |
| certify in a written report to the Department that the proposed | 26 |
| new construction reflected in the working drawings and | 27 |
| specifications complies with federal housing quality standards | 28 |
| listed in this Section, local codes and ordinances, and zoning | 29 |
| requirements. The new units must be constructed of masonry, | 30 |
| brick, or concrete materials and may not be temporary trailers, | 31 |
| temporary shelters, or mobile homes. To the maximum extent | 32 |
| practicable, projects for families with children must consist | 33 |
| of low-density housing (for example, non-elevator structures, | 34 |
| scattered sites, or other types of low-density developments | 35 |
| appropriate in the community) and must include the following |
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| features:
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| (1) Physical structures must (i) be designed, | 3 |
| constructed, and equipped so as to improve or harmonize | 4 |
| with the neighborhoods they occupy, (ii) meet contemporary | 5 |
| standards of modest comfort and livability, (iii) promote | 6 |
| security, and (iv) be attractive and marketable to the | 7 |
| people they are intended to serve. Building design and | 8 |
| construction must strive to encourage in residents a | 9 |
| proprietary sense. | 10 |
| (2) Each unit must contain at least 4 square feet of | 11 |
| closet space for each resident, with an unobstructed height | 12 |
| of at least 5 feet. If there is less closet space, then | 13 |
| space equal to the amount of the deficiency must be | 14 |
| subtracted from the area of the habitable room space when | 15 |
| determining the amount of floor space in the unit. | 16 |
| (3) A sprinkler system that protects all major spaces, | 17 |
| hard wired smoke detectors, and such other fire and safety | 18 |
| improvements as State or local law may require must be | 19 |
| installed in each building. The term "major spaces" means | 20 |
| hallways, large common areas, and other areas specified in | 21 |
| local fire, building, or safety codes. | 22 |
| (4) The project must comply with a national building | 23 |
| code, such as the Uniform Building Code, the Council of | 24 |
| American Building Officials Code, or the Building | 25 |
| Officials Conference of America Code.
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| A home rule unit may regulate housing for backstretch | 27 |
| employees or backstretch workers, but that regulation must be | 28 |
| no less restrictive than the regulation by the State of housing | 29 |
| for backstretch employees or backstretch workers under this | 30 |
| subsection. This subsection is a limitation under subsection | 31 |
| (i) of Section 6 of Article VII of the Illinois Constitution on | 32 |
| the concurrent exercise by home rule units of powers and | 33 |
| functions exercised by the State.
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| (Source: P.A. 86-595.)
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| (210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
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| Sec. 6. Upon receipt of an application for a license, the | 2 |
| Department or the
Department's designated agent shall
inspect | 3 |
| the camp site and the facilities described in the application
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| approximately 30 days prior to the date on which the occupancy | 5 |
| and use of
such camp is to commence. If the Department or the | 6 |
| Department's designated
agent finds that the Migrant Labor
Camp | 7 |
| described in the application meets and complies with the | 8 |
| provisions of
this Act and the rules and regulations of the | 9 |
| Department in relation
thereto, the Director shall, not less | 10 |
| than 15 days prior to the date on
which the occupancy and use | 11 |
| of such camp is to commence, issue a license to
the applicant | 12 |
| for the operation of the camp.
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| If the application is denied, the Department shall notify | 14 |
| the applicant
in writing of such denial not less than 15 days | 15 |
| prior to the date on which
the occupancy and use of such camp | 16 |
| is to commence, setting forth the
reasons therefor. If the | 17 |
| conditions constituting the basis for such denial
are | 18 |
| remediable, the applicant may correct such conditions and | 19 |
| notify the
Department in writing indicating therein the manner | 20 |
| in which such
conditions have been remedied. Notifications of | 21 |
| corrections shall be
processed in the same manner as the | 22 |
| original application.
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| (Source: Laws 1965, p. 2356.)
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| (210 ILCS 110/9) (from Ch. 111 1/2, par. 185.9)
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| Sec. 9. Representatives of the Department , including a | 26 |
| designated agent of
the Department, duly authorized by the | 27 |
| Director
shall have the right to enter upon the premises of any | 28 |
| migrant labor camp
at all reasonable hours for the purpose of | 29 |
| inspecting such camp and the
facilities thereof, and | 30 |
| determining whether or not such camp is maintained
and operated | 31 |
| in accordance with the provisions of this Act and the rules
and | 32 |
| regulations of the Department relating thereto.
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| (Source: Laws 1965, p. 2356.)
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| (210 ILCS 110/9.1) (from Ch. 111 1/2, par. 185.9-1)
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| Sec. 9.1. (a)
Representatives of the Department, including | 2 |
| a designated agent of the
Department, duly authorized by the | 3 |
| Director shall
inspect each migrant labor camp at least one | 4 |
| time before the laborers ,
backstretch employees, or | 5 |
| backstretch workers
arrive and at least one time while the camp | 6 |
| is being used, for the purpose
of determining whether or not | 7 |
| the camp is being maintained and operated in
accordance with | 8 |
| this Act and the rules and regulations of the Department
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| relating thereto.
In addition, the Department or the | 10 |
| Department's designated agent may at any
time during
the horse | 11 |
| racing season conduct such an inspection of a migrant labor | 12 |
| camp
providing
living
quarters for backstretch employees or | 13 |
| backstretch workers.
The Director of the Department of Public | 14 |
| Health may grant
temporary variances for existing housing that | 15 |
| does not meet federal
standards and allow not more than 2 years | 16 |
| in order to comply with such
standards. | 17 |
| (b) With respect to living quarters for backstretch | 18 |
| employees, the Illinois Racing Board shall prepare a | 19 |
| backstretch worker housing plan to be submitted to the | 20 |
| Department by June 15, 2006. If the Board fails to submit a | 21 |
| housing plan to the Department by June 15, 2006, the Department | 22 |
| shall deny a license for the migrant labor camp. | 23 |
| Construction of new backstretch housing must be completed | 24 |
| by April 15, 2008. If the Board fails to construct new | 25 |
| backstretch housing by April 15, 2008, the Department shall | 26 |
| deny a license for the migrant labor camp.
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| (Source: P.A. 77-1526.)
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| (210 ILCS 110/13A) (from Ch. 111 1/2, par. 185.13A)
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| Sec. 13A. The Director of the Department shall appoint an | 30 |
| advisory
committee of not less than five members consisting of | 31 |
| one or more
representatives of vegetable growers, fruit | 32 |
| growers, canning crops , the
Department's designated agents,
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| and of
the general public, who are familiar with migrant labor | 34 |
| camps. The Director
and the Department shall advise with such | 35 |
| committee concerning the
administration of this Act, the rules |
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| and regulations of the Department
relating thereto, the needs | 2 |
| of migrant workers and their families and
related problems. The | 3 |
| committee shall meet as frequently as the Director
deems | 4 |
| necessary. Meetings also may be held upon the concurrence of at
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| least 3 members of the committee and 10 days prior written | 6 |
| notice to each
member of the committee.
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| (Source: P.A. 86-595.)
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| Section 10. The Illinois Horse Racing Act of 1975 is | 9 |
| amended by changing Section 32 as follows:
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| (230 ILCS 5/32) (from Ch. 8, par. 37-32)
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| Sec. 32. Illinois Race Track Improvement Fund. Within 30 | 12 |
| days after the effective date of this Act, the Illinois Racing
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| Board shall cause all
moneys
previously deposited in the | 14 |
| Illinois Race Track Improvement Fund to be remitted
to the
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| racetrack from which the licensee derives its license
in | 16 |
| accordance to the amounts generated by each licensee.
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| (Source: P.A. 91-40, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law. |
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