Bill Text: IL HB5704 | 2013-2014 | 98th General Assembly | Engrossed


Bill Title: Amends the Illinois Migrant Labor Camp Law. Provides that a license to operate a migrant labor camp shall expire on December 31 of the year in which the license was issued regardless of the date on which the application for a license was submitted. Requires the Department of Public Health to inspect the migrant labor camp site and the facilities described in an application for a license to operate a migrant labor camp at the Department's earliest opportunity. Provides that an application for a license or for a renewal of a license shall be filed at least 5 business days (instead of 60 days) prior to the date on which the migrant labor camp is to start operation. Provides that the camp shall be ready for inspection at least 3 business days (instead of 30 days) prior to the date on which the migrant labor camp is to start operation. Provides for penalties and fines based on the severity of a violation of the Act or the rules adopted under the Act. Provides procedures concerning the imposition of penalties. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5704 Detail]

Download: Illinois-2013-HB5704-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Migrant Labor Camp Law is amended
5by changing Sections 2, 3, 4, 6, 7, 8, 9, 9.1, 10, 11, 12, 14,
6and 16 and by adding Sections 20 and 25 as follows:
7 (210 ILCS 110/2) (from Ch. 111 1/2, par. 185.2)
8 Sec. 2. When used in this Act:
9 "Migrant Labor Camp" means one or more buildings,
10structures, tents, trailers or vehicles or any combination
11thereof together with the land appertaining thereto
12established, operated or maintained as living quarters for ten
13or more migrant workers or 4 or more families containing
14migrant workers who are engaged in agricultural activities.
15 "Migrant Worker" means any person who moves seasonally from
16one place to another, within or without the State, for the
17purpose of employment in agricultural activities.
18 "Agricultural Activities" means and includes planting,
19raising or harvesting of any agricultural or horticultural
20commodities, including the related handling, packing and
21processing upon the farm where produced or at the point of
22first processing.
23 "Department" means the Department of Public Health of the

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1State of Illinois.
2 "Director" means the Director of the Department of Public
3Health.
4 "Person" means any individual, group of individuals,
5association, trust, partnership, limited liability company,
6corporation, or person doing business under an assumed name, or
7any other entity person, partnership, firm, association or
8corporation.
9(Source: Laws 1965, p. 2356.)
10 (210 ILCS 110/3) (from Ch. 111 1/2, par. 185.3)
11 Sec. 3. No person shall operate or maintain a Migrant Labor
12Camp within the State of Illinois without first having obtained
13a license therefor from the Department. Licenses shall be
14issued upon application, upon a calendar year basis and renewed
15from year to year upon compliance with the requirements of this
16Act, and upon payment of the annual license fee.
17Notwithstanding the date that an application for a license was
18submitted, a license issued pursuant to this Act shall expire
19on December 31 of the year in which the license was issued.
20Establishments that provide housing for migrant workers for
21fewer than 10 migrant workers or fewer than 4 families
22containing migrant workers shall meet the minimum standards
23established by the Department but shall not be required to be
24licensed.
25(Source: P.A. 86-595.)

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1 (210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
2 Sec. 4. Applications for a license to operate or maintain a
3Migrant Labor Camp or for a renewal thereof shall be made upon
4paper or electronic forms to be furnished by the Department.
5Such application shall include:
6 (a) The name and address of the applicant or applicants. If
7the applicant is a partnership, the names and addresses of all
8the partners shall also be given. If the applicant is a
9corporation, the names and addresses of the principal officers
10of the corporation shall be given.
11 (b) The approximate legal description and the address of
12the tract of land upon which the applicant proposes to operate
13and maintain such Migrant Labor Camp.
14 (c) A general plan or sketch of the camp site showing the
15location of the buildings or facilities together with a
16description of the buildings, of the water supply, of the
17toilet, bathing and laundry facilities, and of the fire
18protection equipment.
19 (d) The date upon which the occupancy and use of the
20Migrant Labor Camp will commence.
21 The application for the original license or for any renewal
22thereof shall be accompanied by a fee of $100.
23 Application for the original license or for a renewal of
24the license shall be filed with the Department at least 5
25business 60 days prior to the date on which the occupancy and

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1use of such camp is to commence. Application for a renewal
2license shall be filed with the Department at least 60 days
3prior to the expiration date of the current license. The camp
4shall be ready for inspection at least 3 business 30 days prior
5to the date upon which the occupancy and use of such camp is to
6commence.
7(Source: P.A. 97-135, eff. 7-14-11.)
8 (210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
9 Sec. 6. Upon receipt of an application for a license, the
10Department shall inspect, at its earliest opportunity, the camp
11site and the facilities described in the application. If the
12Department finds that the Migrant Labor Camp described in the
13application meets and complies with the provisions of this Act
14and the rules and regulations of the Department in relation
15thereto, the Director shall issue a license to the applicant
16for the operation of the camp.
17 If the application is denied, the Department shall notify
18the applicant in writing of such denial setting forth the
19reasons therefor. If the conditions constituting the basis for
20such denial are remediable, the applicant may correct such
21conditions and notify the Department in writing indicating
22therein the manner in which such conditions have been remedied.
23Notifications of corrections shall be processed in the same
24manner as the original application.
25(Source: P.A. 97-135, eff. 7-14-11.)

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1 (210 ILCS 110/7) (from Ch. 111 1/2, par. 185.7)
2 Sec. 7. If the Department finds that the facilities of any
3Migrant Labor Camp for which a license is sought are not in
4compliance with the provisions of this Act and the rules and
5regulations of the Department relating thereto, but that such
6camp is habitable without undue prejudice to the migrant
7workers and their families, the Department may issue a
8conditional license setting forth the conditions on which the
9license is issued, the manner in which the camp fails to comply
10with the Act and such rules and regulations, and shall set
11forth the time, not to exceed three years, within which the
12applicant must make any changes or corrections necessary in
13order for such camp to fully comply with this Act and the rules
14and regulations of the Department relating thereto. No more
15than three consecutive annual conditional licenses may be
16issued with respect to any one camp.
17(Source: Laws 1961, p. 3904.)
18 (210 ILCS 110/8) (from Ch. 111 1/2, par. 185.8)
19 Sec. 8. Plans for the construction of a Migrant Labor Camp
20or for any major alteration or major expansion in any such camp
21or the facilities thereof shall be submitted to the Department
22for approval prior to the construction or the making of such
23major alteration or major expansion. The Department shall by
24rule define what constitutes a major alteration and a major

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1expansion. The plans shall contain the information necessary to
2show compliance with the Act. Such application for approval
3shall be made upon paper or electronic forms furnished by the
4Department and shall be accompanied by the plans and
5specifications of the work proposed to be done. The Department
6Within twenty days after the filing of such application, the
7Director shall notify the applicant whether such plans and
8specifications comply with the requirements of this Act and the
9rules and regulations of the Department relating thereto. No
10fee shall be required for such prior approval of plans and
11specifications.
12(Source: P.A. 86-595.)
13 (210 ILCS 110/9) (from Ch. 111 1/2, par. 185.9)
14 Sec. 9. Representatives of the Department duly authorized
15by the Director shall have the right to enter upon the premises
16of any Migrant Labor Camp at all reasonable hours for the
17purpose of inspecting such camp and the facilities thereof, and
18determining whether or not such camp is maintained and operated
19in accordance with the provisions of this Act and the rules and
20regulations of the Department relating thereto.
21(Source: Laws 1965, p. 2356.)
22 (210 ILCS 110/9.1) (from Ch. 111 1/2, par. 185.9-1)
23 Sec. 9.1. Representatives of the Department, duly
24authorized by the Director shall inspect each migrant labor

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1camp at least one time before the laborers arrive and at least
2one time while the camp is being used, for the purpose of
3determining whether or not the camp is being maintained and
4operated in accordance with this Act and the rules and
5regulations of the Department relating thereto. The Director of
6the Department of Public Health may grant temporary variances
7for existing housing that does not meet federal standards and
8allow not more than 2 years in order to comply with such
9standards.
10(Source: P.A. 77-1526.)
11 (210 ILCS 110/10) (from Ch. 111 1/2, par. 185.10)
12 Sec. 10. The Department may make and adopt such reasonable
13rules and regulations relating to Migrant Labor Camps as may be
14necessary to carry out and administer the provisions of this
15Act and to assure the safety of the migrant workers and their
16families. In preparation of such rules and regulations, the
17Department may consult with and request technical assistance
18from other State Agencies, and may consult and advise with
19other technically qualified persons, and with Migrant Labor
20Camp operators and others.
21 The promulgation of any rules shall conform to the
22requirements of "The Illinois Administrative Procedure Act",
23as now or hereafter amended. The Department shall prepare
24copies of all rules and regulations and shall make such copies
25available, in electronic form, to the public and shall not be

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1required to furnish copies in any other format to the public.
2(Source: P.A. 86-595.)
3 (210 ILCS 110/11) (from Ch. 111 1/2, par. 185.11)
4 Sec. 11. The Department may establish administrative
5penalties and sanctions by rule for violations of this Act or
6the rules adopted under this Act. Each day a violation of this
7Act or the rules adopted under this Act exists shall constitute
8a separate violation. The Department shall provide written
9notification of a violation. In case the holder of any license
10under the provisions of this Act fails to maintain and operate
11a Migrant Labor Camp in accordance with the provisions of this
12Act and the rules and regulations of the Department relating
13thereto, the Department may revoke or suspend the license for
14the operation and maintenance of such camp. The Department
15shall first serve upon the licensee a notice specifying the
16manner in which the licensee has failed to comply with
17provisions of this Act or such rules and regulations of the
18Department and shall fix a time not less than ten days, within
19which the objectionable condition or conditions must be removed
20or corrected. If the licensee fails to remove or correct such
21objectionable condition or conditions within the time fixed by
22the Department, the Department may revoke or suspend such
23license. However, if the objectionable condition or conditions
24are such as to endanger the health or well-being of the
25inhabitants of such camp, the Department may immediately

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1suspend such license.
2 The Department shall assess administrative fines against a
3person who provides housing for migrant workers for violations
4of this Act or the rules promulgated under this Act. The fines
5shall be established by the Department by rule. The Department
6shall provide written notification of violations and allow a
7minimum of 10 days for correction before imposing
8administrative fines.
9(Source: P.A. 88-535.)
10 (210 ILCS 110/12) (from Ch. 111 1/2, par. 185.12)
11 Sec. 12. The Director, after notice and opportunity for a
12hearing, may deny, suspend, or revoke a license and impose a
13penalty in any case in which the Director finds that the
14applicant, license holder, or any other person has failed to
15comply with the provisions of this Act or the rules adopted
16under this Act. A license shall be revoked only when there has
17been a substantial failure by the licensee to comply with this
18Act or the rules adopted under this Act. For purposes of this
19Section, a substantial failure to comply with this Act or the
20rules adopted under this Act includes, but is not limited to,
21the failure to pay any administrative penalties previously
22assessed by the Department against the licensee.
23 Notice shall be provided by certified mail or by personal
24service. The notice shall set forth the particular reasons for
25the proposed action and fix a date, not less than 14 days from

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1the date of the mailing or personal service, by which the
2applicant or license holder must request, in writing, a
3hearing. Failure to serve upon the Department a request for a
4hearing, in writing, by the date provided in the notice shall
5constitute a waiver of that person's right to a hearing.
6 The hearing shall be conducted by the Director or by an
7individual designated in writing by the Director as a Hearing
8Officer. The Director or Hearing Officer shall give written
9notice of the time and place of the hearing, by certified mail
10or personal service, to the applicant, license holder, or other
11person at least 10 days prior to the hearing. On the basis of
12the hearing or upon default of the applicant, license holder,
13or other person, the Director or Hearing Officer shall make a
14determination, in writing, that shall set forth his or her
15findings and conclusions. A copy of the determination shall be
16sent by certified mail or served personally upon the applicant,
17license holder, or other person. The decision of the Director
18or Hearing Officer shall be final on issues of fact and final
19in all respects unless judicial review is sought as provided in
20this Act.
21 The procedure governing hearings authorized by this
22Section shall be adopted by the Department by rule. A full and
23complete record shall be kept of all proceedings, including the
24notice of hearing, the complaint, all documents in the nature
25of pleadings, all written motions filed in the proceedings, and
26the report and orders of the Director or Hearing Officer.

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1 The Department at its expense shall provide a court
2reporter to take testimony. Technical error or the failure to
3observe the technical rules of evidence in the proceedings
4before the Director or Hearing Officer shall not be grounds for
5the reversal of any administrative decision unless it appears
6to the court that the error or failure materially affects the
7rights of any party and results in substantial injustice to the
8party.
9 The Department may cause the depositions of witnesses
10within the State to be taken in the manner prescribed by law
11for depositions in civil actions in courts of this State and
12may compel the attendance of witnesses and the production of
13books, papers, records, or memoranda.
14 The Department shall not be required to certify any record
15to the court, file any answer in court, or otherwise appear in
16any court in a judicial review proceeding, unless a receipt
17from the Department acknowledging payment of the costs of
18furnishing and certifying the record is filed in the court with
19the complaint. The cost of furnishing and certifying the record
20shall be paid by the party requesting a copy of the record.
21Failure on the part of the person requesting a copy of the
22record to pay the cost of furnishing and certifying the record
23shall be grounds for dismissal of the action.
24Any person whose application for a license is denied or whose
25license is suspended or revoked shall have the right to a
26hearing before the Department. Request for such hearing shall

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1be made in writing. The hearing shall be conducted by the
2Director or a duly qualified employee of the Department,
3designated in writing by the Director as a Hearing Officer, to
4conduct the hearing. The hearing shall be conducted at the
5office of the Department or at such place convenient for the
6applicant or licensee as may be designated by the Department.
7The Director or Hearing Officer may compel, by subpoena or
8subpoena duces tecum, the attendance and testimony of witnesses
9and the production of books and papers, and may administer
10oaths to witnesses. All testimony at any hearing shall be under
11oath. The Director or Hearing Officer shall cause a record of
12the proceedings at the hearing to be kept and shall provide any
13party to the hearing a transcript of the evidence presented
14upon payment of the cost thereof. The hearing may be continued
15from time to time at the discretion of the Director or the
16Hearing Officer. The applicant or licensee shall have the right
17to appear in person, to be represented by counsel, to offer
18evidence, to cross-examine the witnesses, and to present all
19relevant matter in support of his application for license or in
20opposition to revocation or suspension of any license.
21Depositions may be taken and used in the same manner as in
22civil cases. The Director or Hearing Officer shall render a
23decision within 30 days after the termination of the hearing,
24and a copy of the decision shall be sent by registered mail to
25the applicant or licensee.
26 Technical errors in the proceeding or failure to observe

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1the technical rules of evidence shall not constitute grounds
2for reversal of any decision unless it shall appear to the
3court that such error or failure materially affects the rights
4of any party and results in substantial injustice to any such
5party.
6(Source: Laws 1961, p. 3904.)
7 (210 ILCS 110/14) (from Ch. 111 1/2, par. 185.14)
8 Sec. 14. Any person who operates or maintains a Migrant
9Labor Camp without securing a license under this Act commits a
10Type B violation under Section 25 of this Act. or who operates
11or maintains any Migrant Labor Camp or living quarters subject
12to regulation under this Act in violation of the provisions of
13this Act or any rules or regulations of the Department relating
14thereto, shall be guilty of a Class A misdemeanor. Each day's
15violation constitutes a separate offense. The Attorney General
16or the The State's Attorney of the county in which the
17violation occurs shall bring such action in the name of the
18people of the State of Illinois, or may in addition to other
19remedies provided in this Act bring an action for an injunction
20to restrain such violations or to enjoin the operation of any
21such establishment. Notwithstanding any other provision of
22this Act, fines imposed by the court pursuant to the State's
23Attorney's action shall be deposited within the general fund of
24the county in which the action was brought.
25(Source: P.A. 86-595.)

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1 (210 ILCS 110/16) (from Ch. 111 1/2, par. 185.16)
2 Sec. 16. Any worker aggrieved by a violation of this Act or
3rules regulations promulgated thereunder may file suit in the
4Circuit Court having jurisdiction over the location of the
5labor camp. If the Court finds that the labor camp owner,
6operator, or licensee has willfully violated any provision of
7this Act or any rule regulation promulgated thereunder, the
8Court may in its discretion issue a restraining order or
9preliminary injunction, as well as, a permanent injunction,
10upon such terms and conditions as will do justice and enforce
11the purposes set forth above.
12(Source: P.A. 83-677.)
13 (210 ILCS 110/20 new)
14 Sec. 20. The Department may charge $0.25 per each 8.5" x
1511" page, whether paper or electronic, for copies of records
16held by the Department pursuant to this Act. For documents
17larger than 8.5" x 11", actual copying costs plus $0.25 per
18page shall apply.
19 (210 ILCS 110/25 new)
20 Sec. 25. (a) If the Department finds a violation of this
21Act or rules adopted under this Act at a migrant labor camp,
22the Department shall issue a written report or notice of the
23violation. In accordance with subsections (b) and (c) of this

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1Section, each violation shall be categorized as either Type A
2or Type B.
3 (b) Type A violation. Type A violations shall be
4established by rule. Penalties shall be assessed for Type A
5violations at a rate of $25 per day per violation with each day
6constituting a separate violation. The situation, condition,
7or practice constituting a Type A violation shall be abated or
8eliminated immediately, unless a fixed period of time as
9determined by the Department, that shall not exceed 3 days, and
10specified in the notice of violation or inspection report is
11required for correction.
12 (c) Type B violation. Type B violations include those
13violations that may lead to serious injury or death of
14employees or the general public. Upon finding a Type B
15violation at a migrant labor camp, the Department shall
16immediately take actions as necessary to protect the public
17health, including ordering the immediate closure of the
18facility, ordering the abatement of conditions deemed
19dangerous by the Department, or ordering the cessation of any
20practice deemed dangerous or improper by the Department. Type B
21violations shall be established by rule. Administrative
22penalties shall be assessed by the Department for Type B
23violations at a rate of $100 per violation, with each day
24constituting a separate violation. Any person who commits a
25Type B violation shall be guilty of a Class A misdemeanor for
26which the circuit court may impose a fine of $250 per

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1violation, with each day constituting a separate violation.
2 Section 99. Effective date. This Act takes effect upon
3becoming law.

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1 INDEX
2 Statutes amended in order of appearance