|
|
|
09300HB6951ham001 |
- 2 - |
LRB093 21197 DRJ 48715 a |
|
|
1 |
| 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
|
9 |
| camp.
|
10 |
| (Source: P.A. 78-715.)
|
11 |
| (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 |
|
|
|
09300HB6951ham001 |
- 3 - |
LRB093 21197 DRJ 48715 a |
|
|
1 |
| consecutive days or 5 or more days during the calendar year.
|
2 |
| (210 ILCS 100/6) (from Ch. 111 1/2, par. 549.6)
|
3 |
| 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
|
10 |
| applications for a construction permit shall be made to the |
11 |
| Department on
forms furnished by the Department and shall |
12 |
| contain the following:
|
13 |
| (a) Name and address of applicant.
|
14 |
| (b) The name and address of all persons having an interest |
15 |
| in the
proposed resident
youth camp.
|
16 |
| (c) Location and legal description of the proposed resident
|
17 |
| youth camp.
|
18 |
| (d) Plans and specifications for the construction of the |
19 |
| proposed resident
youth
camp which shall include:
|
20 |
| (1) The area and the dimensions of the tract of land;
|
21 |
| (2) The location of roadways;
|
22 |
| (3) The location of service buildings, sanitary stations, |
23 |
| and any other
proposed structures or facilities;
|
24 |
| (4) The location of water and sewer lines and rise pipes;
|
25 |
| (5) Plans and specifications of food handling facilities, |
26 |
| water supply,
refuse and sewage disposal facilities;
|
27 |
| (6) Plans and specifications of all buildings constructed, |
28 |
| or to be
constructed within the resident
youth camp;
|
29 |
| (7) The location and details of all lighting and electrical |
30 |
| systems;
|
31 |
| (8) The location and description of all swimming and |
32 |
| bathing areas;
|
33 |
| (e) The calendar months of the year during which the |
|
|
|
09300HB6951ham001 |
- 4 - |
LRB093 21197 DRJ 48715 a |
|
|
1 |
| applicant will
operate the resident
youth camp.
|
2 |
| (f) A statement of the fire fighting facilities, public or |
3 |
| private,
which are available to the resident
youth camp.
|
4 |
| (g) Such other information as may be required by rules |
5 |
| adopted by the
Department hereunder.
|
6 |
| (Source: P.A. 78-715.)
|
7 |
| (210 ILCS 100/6.5 new)
|
8 |
| 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 |
|
|
|
09300HB6951ham001 |
- 5 - |
LRB093 21197 DRJ 48715 a |
|
|
1 |
| 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
|
19 |
| 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.
|
24 |
| (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
|
31 |
| 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 |
|
|
|
09300HB6951ham001 |
- 6 - |
LRB093 21197 DRJ 48715 a |
|
|
1 |
| 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
|
6 |
| 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.
|
14 |
| (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,
|
19 |
| 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
|
24 |
| 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.
|
28 |
| 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. |