Full Text of HB6951 93rd General Assembly
HB6951ham001 93RD GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 3/25/2004
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LRB093 21197 DRJ 48715 a |
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| AMENDMENT TO HOUSE BILL 6951
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| AMENDMENT NO. ______. Amend House Bill 6951 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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)
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| 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:
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| (210 ILCS 100/3.01) (from Ch. 111 1/2, par. 549.3-01)
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| Sec. 3.01. Youth camp.
"Youth camp
Camp " means any parcel | 22 |
| of land having the general characteristics
and features of a |
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| 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
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| camp.
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| (Source: P.A. 78-715.)
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| (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 |
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| consecutive days or 5 or more days during the calendar year.
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| (210 ILCS 100/6) (from Ch. 111 1/2, par. 549.6)
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| 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
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| applications for a construction permit shall be made to the | 11 |
| Department on
forms furnished by the Department and shall | 12 |
| contain the following:
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| (a) Name and address of applicant.
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| (b) The name and address of all persons having an interest | 15 |
| in the
proposed resident
youth camp.
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| (c) Location and legal description of the proposed resident
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| youth camp.
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| (d) Plans and specifications for the construction of the | 19 |
| proposed resident
youth
camp which shall include:
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| (1) The area and the dimensions of the tract of land;
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| (2) The location of roadways;
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| (3) The location of service buildings, sanitary stations, | 23 |
| and any other
proposed structures or facilities;
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| (4) The location of water and sewer lines and rise pipes;
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| (5) Plans and specifications of food handling facilities, | 26 |
| water supply,
refuse and sewage disposal facilities;
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| (6) Plans and specifications of all buildings constructed, | 28 |
| or to be
constructed within the resident
youth camp;
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| (7) The location and details of all lighting and electrical | 30 |
| systems;
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| (8) The location and description of all swimming and | 32 |
| bathing areas;
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| (e) The calendar months of the year during which the |
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| applicant will
operate the resident
youth camp.
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| (f) A statement of the fire fighting facilities, public or | 3 |
| private,
which are available to the resident
youth camp.
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| (g) Such other information as may be required by rules | 5 |
| adopted by the
Department hereunder.
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| (Source: P.A. 78-715.)
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| (210 ILCS 100/6.5 new)
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| 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 |
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| 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
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| 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.
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| (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
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| 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 |
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| 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
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| 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.
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| (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,
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| 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
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| 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.
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| 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. |
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| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| 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.
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| Section 99. Effective date. This Act takes effect January | 9 |
| 1, 2005.".
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