Full Text of HB4471 95th General Assembly
HB4471eng 95TH GENERAL ASSEMBLY
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HB4471 Engrossed |
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LRB095 18636 DRJ 44722 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Missing Children Records Act is amended by | 5 |
| changing Section 5 as follows:
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| (325 ILCS 50/5) (from Ch. 23, par. 2285)
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| Sec. 5. Duties of school or other entity. | 8 |
| (a) Upon notification by the Department of a
person's | 9 |
| disappearance, a school, preschool educational program, child | 10 |
| care facility, or day care home or group day care home in which | 11 |
| the person is currently or was
previously enrolled shall flag | 12 |
| the record of that person in such a manner
that whenever a copy | 13 |
| of or information regarding the record is requested,
the school | 14 |
| or other entity shall be alerted to the fact that the record is | 15 |
| that of a
missing person. The school or other entity shall | 16 |
| immediately report to the
Department any request concerning | 17 |
| flagged records or knowledge
as to the whereabouts of any | 18 |
| missing person. Upon notification by the
Department that the | 19 |
| missing person has been recovered, the school or other entity
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| shall
remove the flag from the person's record.
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| (b) (1) For every child enrolled Upon enrollment of a child | 22 |
| for the first time in a particular
elementary or secondary | 23 |
| school, public or private preschool educational program, |
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LRB095 18636 DRJ 44722 b |
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| public or private child care facility licensed under the Child | 2 |
| Care Act of 1969, or day care home or group day care home | 3 |
| licensed under the Child Care Act of 1969, that school or other | 4 |
| entity shall notify in writing the
person enrolling the child | 5 |
| that within 30 days he must provide either (i)
a certified copy | 6 |
| of the child's birth certificate or (ii) other reliable
proof, | 7 |
| as determined by the Department, of the child's identity and | 8 |
| age
and an affidavit explaining the inability to produce a copy | 9 |
| of the birth
certificate. Other reliable proof of the child's | 10 |
| identity and age shall
include a passport, visa or other | 11 |
| governmental documentation of the child's
identity. When the | 12 |
| person enrolling the child provides the school or other entity | 13 |
| with a certified copy of the child's birth certificate, the | 14 |
| school or other entity shall promptly make a copy of the | 15 |
| certified copy for its records and return the original | 16 |
| certified copy to the person enrolling the child. Once a school | 17 |
| or other entity has been provided with a certified copy of a | 18 |
| child's birth certificate as required under item (i) of this | 19 |
| subdivision (b)(1), the school or other entity need not request | 20 |
| another such certified copy with respect to that child for any | 21 |
| other year in which the child is enrolled in that school or | 22 |
| other entity.
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| (2) Upon the failure of a person enrolling a child
to
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| comply with subsection (b) (1), the school or other entity
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| shall immediately notify the
Department or local law | 26 |
| enforcement agency of such failure, and shall
notify the person |
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| enrolling the child in writing that he has 10
additional days | 2 |
| to comply.
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| (3) The school or other entity shall immediately report to | 4 |
| the Department any affidavit
received pursuant to this | 5 |
| subsection which appears inaccurate or suspicious
in form or | 6 |
| content.
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| (c) Within 14 days after enrolling a transfer student, the | 8 |
| elementary or
secondary school shall request directly from the | 9 |
| student's previous school
a certified copy of his record. The | 10 |
| requesting school shall exercise due
diligence in obtaining the | 11 |
| copy of the record requested. Any elementary
or secondary | 12 |
| school requested to forward a copy of a transferring student's
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| record to the new school shall comply within 10 days of receipt | 14 |
| of the
request unless the record has been flagged pursuant to | 15 |
| subsection (a), in
which case the copy shall not be forwarded | 16 |
| and the requested school shall
notify the Department or local | 17 |
| law enforcement authority of the request.
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| (d) Notwithstanding any other rulemaking authority that | 19 |
| may exist, neither the Governor nor any agency or agency head | 20 |
| under the jurisdiction of the Governor has any authority to | 21 |
| make or promulgate rules to implement or enforce the provisions | 22 |
| of this amendatory Act of the 95th General Assembly. If, | 23 |
| however, the Governor believes that rules are necessary to | 24 |
| implement or enforce the provisions of this amendatory Act of | 25 |
| the 95th General Assembly, the Governor may suggest rules to | 26 |
| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General | 2 |
| Assembly authorize such rulemaking by law, enact those | 3 |
| suggested rules into law, or take any other appropriate action | 4 |
| in the General Assembly's discretion. Nothing contained in this | 5 |
| amendatory Act of the 95th General Assembly shall be | 6 |
| interpreted to grant rulemaking authority under any other | 7 |
| Illinois statute where such authority is not otherwise | 8 |
| explicitly given. For the purposes of this amendatory Act of | 9 |
| the 95th General Assembly, "rules" is given the meaning | 10 |
| contained in Section 1-70 of the Illinois Administrative | 11 |
| Procedure Act, and "agency" and "agency head" are given the | 12 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 13 |
| Administrative Procedure Act to the extent that such | 14 |
| definitions apply to agencies or agency heads under the | 15 |
| jurisdiction of the Governor. | 16 |
| (Source: P.A. 95-439, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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