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| Public Act 098-1034 | ||||
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AN ACT concerning regulation.
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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 Illinois Migrant Labor Camp Law is amended | ||||
by changing Sections 2, 3, 4, 6, 7, 8, 9, 9.1, 10, 11, 12, 14, | ||||
and 16 and by adding Sections 20 and 25 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, | ||||
structures, tents,
trailers or vehicles or any combination | ||||
thereof together with the land
appertaining thereto | ||||
established, operated or maintained as living quarters
for ten | ||||
or more migrant workers or 4 or more families containing | ||||
migrant
workers who are engaged in agricultural activities.
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"Migrant Worker" means any person who moves seasonally from | ||||
one place to
another, within or without the State, for the | ||||
purpose of employment in
agricultural activities.
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"Agricultural Activities" means and includes planting, | ||||
raising or
harvesting of any agricultural or horticultural | ||||
commodities, including the
related handling, packing and | ||||
processing upon the farm where produced or at
the point of | ||||
first processing.
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"Department" means the Department of Public Health of the | ||||
State of
Illinois.
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"Director" means the Director of the Department of Public | ||
Health.
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"Person" means any individual, group of individuals, | ||
association, trust, partnership, limited liability company, | ||
corporation, or person doing business under an assumed name, or | ||
any other entity person, partnership, firm, association or
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corporation.
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(Source: Laws 1965, p. 2356.)
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(210 ILCS 110/3) (from Ch. 111 1/2, par. 185.3)
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Sec. 3.
No person shall operate or maintain a Migrant Labor | ||
Camp within the
State of Illinois without first having obtained | ||
a license therefor from the
Department. Licenses shall be | ||
issued upon application, upon a calendar year basis and renewed
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from year to year upon compliance with the requirements of this | ||
Act, and
upon payment of the annual license fee. | ||
Notwithstanding the date that an application for a license was | ||
submitted, a license issued pursuant to this Act shall expire | ||
on December 31 of the year in which the license was issued. | ||
Establishments that provide housing for
migrant workers for | ||
fewer than 10 migrant workers or fewer than 4 families
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containing migrant workers shall meet the minimum standards | ||
established by
the Department but shall not be required to be | ||
licensed.
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(Source: P.A. 86-595.)
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(210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
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Sec. 4.
Applications for a license to operate or maintain a | ||
Migrant Labor
Camp or for a renewal thereof shall be made upon | ||
paper or electronic forms to be furnished by
the Department. | ||
Such application shall include:
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(a) The name and address of the applicant or applicants. If | ||
the
applicant is a partnership, the names and addresses of all | ||
the partners
shall also be given. If the applicant is a | ||
corporation, the names and
addresses of the principal officers | ||
of the corporation shall be given.
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(b) The approximate legal description and the address of | ||
the tract of
land upon which the applicant proposes to operate | ||
and maintain such Migrant
Labor Camp.
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(c) A general plan or sketch of the camp site showing the | ||
location of
the buildings or facilities together with a | ||
description of the buildings,
of the water supply, of the | ||
toilet, bathing and laundry facilities, and of
the fire | ||
protection equipment.
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(d) The date upon which the occupancy and use of the | ||
Migrant Labor Camp
will commence.
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The application for the original license or for any renewal | ||
thereof
shall be accompanied by a fee of $100.
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Application for the original license or for a renewal of | ||
the license shall be
filed with the Department at least 10 | ||
business 60 days prior to the date on
which the occupancy and | ||
use of such camp is to commence. Application for a renewal | ||
license shall be filed with the Department at least 60 days | ||
prior to the expiration date of the current license. The camp | ||
shall be
ready for inspection at least 5 business 30 days prior | ||
to the date upon which the
occupancy and use of such camp is to | ||
commence.
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(Source: P.A. 97-135, eff. 7-14-11.)
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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 | ||
Department shall
inspect, at its earliest opportunity, the camp | ||
site and the facilities described in the application. If the | ||
Department finds that the Migrant Labor
Camp described in the | ||
application meets and complies with the provisions of
this Act | ||
and the rules and regulations of the Department in relation
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thereto, the Director shall issue a license to
the applicant | ||
for the operation of the camp.
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If the application is denied, the Department shall notify | ||
the applicant
in writing of such denial setting forth the
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reasons therefor. If the conditions constituting the basis for | ||
such denial
are remediable, the applicant may correct such | ||
conditions and notify the
Department in writing indicating | ||
therein the manner in which such
conditions have been remedied. | ||
Notifications of corrections shall be
processed in the same | ||
manner as the original application.
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(Source: P.A. 97-135, eff. 7-14-11.)
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(210 ILCS 110/7) (from Ch. 111 1/2, par. 185.7)
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Sec. 7.
If the Department finds that the facilities of any | ||
Migrant Labor
Camp for which a license is sought are not in | ||
compliance with the
provisions of this Act and the rules and | ||
regulations of the Department
relating thereto, but that such | ||
camp is habitable without undue prejudice
to the migrant | ||
workers and their families, the Department may issue a
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conditional license setting forth the conditions on which the | ||
license is
issued, the manner in which the camp fails to comply | ||
with the Act and such
rules and regulations, and shall set | ||
forth the time, not to exceed three
years, within which the | ||
applicant must make any changes or corrections
necessary in | ||
order for such camp to fully comply with this Act and the
rules | ||
and regulations of the Department relating thereto. No more | ||
than
three consecutive annual conditional licenses may be | ||
issued with respect to
any one camp.
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(Source: Laws 1961, p. 3904.)
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(210 ILCS 110/8) (from Ch. 111 1/2, par. 185.8)
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Sec. 8.
Plans for the construction of a Migrant Labor Camp | ||
or for any
major alteration or major expansion in any such camp | ||
or the facilities
thereof shall be submitted to the Department | ||
for approval prior to the
construction or the making of such | ||
major alteration or major expansion.
The Department shall by | ||
rule define what constitutes a major alteration and
a major | ||
expansion. The plans shall contain the information necessary to
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show compliance with the Act. Such application for approval | ||
shall be made
upon paper or electronic forms furnished by the | ||
Department and shall be accompanied by the
plans and | ||
specifications of the work proposed to be done. The Department | ||
Within twenty
days after the filing of such application, the | ||
Director shall notify the
applicant whether such plans and | ||
specifications comply with the
requirements of this Act and the | ||
rules and regulations of the Department
relating thereto. No | ||
fee shall be required for such prior approval of plans
and | ||
specifications.
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(Source: P.A. 86-595.)
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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 duly authorized | ||
by the Director
shall have the right to enter upon the premises | ||
of any Migrant Labor Camp
at all reasonable hours for the | ||
purpose of inspecting such camp and the
facilities thereof, and | ||
determining whether or not such camp is maintained
and operated | ||
in accordance with the provisions of this Act and the rules
and | ||
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.
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Representatives of the Department, duly authorized by the | ||
Director shall
inspect each migrant labor camp at least one | ||
time before the laborers
arrive and at least one time while the | ||
camp is being used, for the purpose
of determining whether or | ||
not the camp is being maintained and operated in
accordance | ||
with this Act and the rules and regulations of the Department
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relating thereto. The Director of the Department of Public | ||
Health may grant
temporary variances for existing housing that | ||
does not meet federal
standards and allow not more than 2 years | ||
in order to comply with such
standards.
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(Source: P.A. 77-1526.)
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(210 ILCS 110/10) (from Ch. 111 1/2, par. 185.10)
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Sec. 10.
The Department may make and adopt such reasonable | ||
rules and
regulations relating to Migrant Labor Camps as may be | ||
necessary to carry
out and administer the provisions of this | ||
Act and to assure the safety of
the migrant workers and their | ||
families. In preparation of such rules
and regulations, the | ||
Department may consult with and request technical
assistance | ||
from other State Agencies, and may consult and advise with | ||
other
technically qualified persons, and with Migrant Labor | ||
Camp operators and
others.
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The promulgation of any rules shall conform to the | ||
requirements of "The
Illinois Administrative Procedure Act", | ||
as now or hereafter amended.
The Department shall prepare | ||
copies of all rules and regulations and shall
make such copies | ||
available, in electronic form, to the public and shall not be | ||
required to furnish copies in any other format to the
public.
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(Source: P.A. 86-595.)
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(210 ILCS 110/11) (from Ch. 111 1/2, par. 185.11)
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Sec. 11.
The Department may establish administrative | ||
penalties and sanctions by rule for violations of this Act or | ||
the rules adopted under this Act. Each day a violation of this | ||
Act or the rules adopted under this Act exists shall constitute | ||
a separate violation. The Department shall provide written | ||
notification of a violation. In case the holder of any license | ||
under the provisions of this Act
fails to maintain and operate | ||
a Migrant Labor Camp in accordance with the
provisions of this | ||
Act and the rules and regulations of the Department
relating | ||
thereto, the Department may revoke or suspend the license for | ||
the
operation and maintenance of such camp. The Department | ||
shall first serve
upon the licensee a notice specifying the | ||
manner in which the licensee has
failed to comply with | ||
provisions of this Act or such rules and regulations
of the | ||
Department and shall fix a time not less than ten days, within | ||
which
the objectionable condition or conditions must be removed | ||
or corrected. If
the licensee fails to remove or correct such | ||
objectionable condition or
conditions within the time fixed by | ||
the Department, the Department may
revoke or suspend such | ||
license. However, if the objectionable condition or
conditions | ||
are such as to endanger the health or well-being of the
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inhabitants of such camp, the Department may immediately | ||
suspend such
license.
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The Department shall assess administrative fines against a | ||
person who
provides housing for migrant workers for violations | ||
of this Act or the rules
promulgated under this Act. The fines | ||
shall be established by the
Department by rule. The Department | ||
shall provide written notification of
violations and allow a | ||
minimum of 10 days for correction before imposing | ||
administrative
fines.
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(Source: P.A. 88-535.)
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(210 ILCS 110/12) (from Ch. 111 1/2, par. 185.12)
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Sec. 12.
The Director, after notice and opportunity for a | ||
hearing, may deny, suspend, or revoke a license and impose a | ||
penalty in any case in which the Director finds that the | ||
applicant, license holder, or any other person has failed to | ||
comply with the provisions of this Act or the rules adopted | ||
under this Act. A license shall be revoked only when there has | ||
been a substantial failure by the licensee to comply with this | ||
Act or the rules adopted under this Act. For purposes of this | ||
Section, a substantial failure to comply with this Act or the | ||
rules adopted under this Act includes, but is not limited to, | ||
the failure to pay any administrative penalties previously | ||
assessed by the Department against the licensee. | ||
Notice shall be provided by certified mail or by personal | ||
service. The notice shall set forth the particular reasons for | ||
the proposed action and fix a date, not less than 14 days from | ||
the date of the mailing or personal service, by which the | ||
applicant or license holder must request, in writing, a | ||
hearing. Failure to serve upon the Department a request for a | ||
hearing, in writing, by the date provided in the notice shall | ||
constitute a waiver of that person's right to a hearing. | ||
The hearing shall be conducted by the Director or by an | ||
individual designated in writing by the Director as a Hearing | ||
Officer. The Director or Hearing Officer shall give written | ||
notice of the time and place of the hearing, by certified mail | ||
or personal service, to the applicant, license holder, or other | ||
person at least 10 days prior to the hearing. On the basis of | ||
the hearing or upon default of the applicant, license holder, | ||
or other person, the Director or Hearing Officer shall make a | ||
determination, in writing, that shall set forth his or her | ||
findings and conclusions. A copy of the determination shall be | ||
sent by certified mail or served personally upon the applicant, | ||
license holder, or other person. The decision of the Director | ||
or Hearing Officer shall be final on issues of fact and final | ||
in all respects unless judicial review is sought as provided in | ||
this Act. | ||
The procedure governing hearings authorized by this | ||
Section shall be adopted by the Department by rule. A full and | ||
complete record shall be kept of all proceedings, including the | ||
notice of hearing, the complaint, all documents in the nature | ||
of pleadings, all written motions filed in the proceedings, and | ||
the report and orders of the Director or Hearing Officer. | ||
The Department, at its expense, shall provide a court | ||
reporter to take testimony. Technical error or the failure to | ||
observe the technical rules of evidence in the proceedings | ||
before the Director or Hearing Officer shall not be grounds for | ||
the reversal of any administrative decision unless it appears | ||
to the court that the error or failure materially affects the | ||
rights of any party and results in substantial injustice to the | ||
party. | ||
The Department may cause the depositions of witnesses | ||
within the State to be taken in the manner prescribed by law | ||
for depositions in civil actions in courts of this State and | ||
may compel the attendance of witnesses and the production of | ||
books, papers, records, or memoranda. | ||
The Department shall not be required to certify any record | ||
to the court, file any answer in court, or otherwise appear in | ||
any court in a judicial review proceeding, unless a receipt | ||
from the Department acknowledging payment of the costs of | ||
furnishing and certifying the record is filed in the court with | ||
the complaint. The cost of furnishing and certifying the record | ||
shall be paid by the party requesting a copy of the record. | ||
Failure on the part of the person requesting a copy of the | ||
record to pay the cost of furnishing and certifying the record | ||
shall be grounds for dismissal of the action. | ||
Any person whose application for a license is denied or whose
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license is suspended or revoked shall have the right to a | ||
hearing before
the Department. Request for such hearing shall | ||
be made in writing. The
hearing shall be conducted by the | ||
Director or a duly qualified employee of
the Department, | ||
designated in writing by the Director as a Hearing Officer,
to | ||
conduct the hearing. The hearing shall be conducted at the | ||
office of the
Department or at such place convenient for the | ||
applicant or licensee as may
be designated by the Department. | ||
The Director or Hearing Officer may
compel, by subpoena or | ||
subpoena duces tecum, the attendance and testimony
of witnesses | ||
and the production of books and papers, and may administer
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oaths to witnesses. All testimony at any hearing shall be under | ||
oath. The
Director or Hearing Officer shall cause a record of | ||
the proceedings at the
hearing to be kept and shall provide any | ||
party to the hearing a transcript
of the evidence presented | ||
upon payment of the cost thereof. The hearing may
be continued | ||
from time to time at the discretion of the Director or the
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Hearing Officer. The applicant or licensee shall have the right | ||
to appear
in person, to be represented by counsel, to offer | ||
evidence, to
cross-examine the witnesses, and to present all | ||
relevant matter in support
of his application for license or in | ||
opposition to revocation or suspension
of any license. | ||
Depositions may be taken and used in the same manner as in
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civil cases. The Director or Hearing Officer shall render a | ||
decision within
30 days after the termination of the hearing, | ||
and a copy of the decision
shall be sent by registered mail to | ||
the applicant or licensee.
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Technical errors in the proceeding or failure to observe | ||
the technical
rules of evidence shall not constitute grounds | ||
for reversal of any decision
unless it shall appear to the | ||
court that such error or failure materially
affects the rights | ||
of any party and results in substantial injustice to any
such | ||
party.
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(Source: Laws 1961, p. 3904.)
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(210 ILCS 110/14) (from Ch. 111 1/2, par. 185.14)
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Sec. 14.
Any person who operates or maintains a Migrant | ||
Labor Camp without
securing a license under this Act commits a | ||
Type B violation under Section 25 of this Act. or who operates | ||
or maintains any Migrant
Labor Camp or living quarters subject | ||
to regulation under this Act in
violation of the provisions of | ||
this Act or any rules or regulations of the
Department relating | ||
thereto, shall be guilty of a Class A misdemeanor. Each
day's | ||
violation constitutes a separate offense.
The Attorney General | ||
or the The
State's Attorney of the county in which the | ||
violation occurs
shall bring such action in the name of the | ||
people of the State of Illinois,
or may in addition to other | ||
remedies provided in this Act bring an action
for an injunction | ||
to restrain such violations or to enjoin the operation
of any | ||
such establishment. Notwithstanding any other provision of | ||
this Act, fines imposed by the court pursuant to the State's | ||
Attorney's action shall be deposited within the general fund of | ||
the county in which the action was brought.
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(Source: P.A. 86-595.)
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(210 ILCS 110/16) (from Ch. 111 1/2, par. 185.16)
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Sec. 16.
Any worker aggrieved by a violation of this Act or | ||
rules regulations
promulgated thereunder may file suit in the | ||
Circuit Court having jurisdiction
over the location of the | ||
labor camp. If the Court finds that the labor camp
owner, | ||
operator, or licensee has willfully violated any provision of | ||
this Act or any rule regulation
promulgated thereunder, the | ||
Court may in its discretion issue a restraining
order or | ||
preliminary injunction, as well as, a permanent injunction, | ||
upon
such terms and conditions as will do justice and enforce | ||
the purposes set forth above.
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(Source: P.A. 83-677.)
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(210 ILCS 110/20 new) | ||
Sec. 20. The Department may charge $0.25 per each 8.5" x | ||
11" page, whether paper or electronic, for copies of records | ||
held by the Department pursuant to this Act. For documents | ||
larger than 8.5" x 11", actual copying costs plus $0.25 per | ||
page shall apply. | ||
(210 ILCS 110/25 new) | ||
Sec. 25. (a) If the Department finds a violation of this | ||
Act or rules adopted under this Act at a migrant labor camp, | ||
the Department shall issue a written report or notice of the | ||
violation. In accordance with subsections (b) and (c) of this | ||
Section, each violation shall be categorized as either Type A | ||
or Type B. | ||
(b) Type A violation. Type A violations shall be | ||
established by rule. Penalties shall be assessed for Type A | ||
violations at a rate of $25 per day per violation with each day | ||
constituting a separate violation. The situation, condition, | ||
or practice constituting a Type A violation shall be abated or | ||
eliminated immediately, unless a fixed period of time as | ||
determined by the Department, that shall not exceed 3 days, and | ||
specified in the notice of violation or inspection report is | ||
required for correction. | ||
(c) Type B violation. Type B violations include those | ||
violations that may lead to serious injury or death of | ||
employees or the general public. Upon finding a Type B | ||
violation at a migrant labor camp, the Department shall | ||
immediately take actions as necessary to protect the public | ||
health, including ordering the immediate closure of the | ||
facility, ordering the abatement of conditions deemed | ||
dangerous by the Department, or ordering the cessation of any | ||
practice deemed dangerous or improper by the Department. Type B | ||
violations shall be established by rule. Administrative | ||
penalties shall be assessed by the Department for Type B | ||
violations at a rate of $100 per violation, with each day | ||
constituting a separate violation. Any person who commits a | ||
Type B violation shall be guilty of a Class A misdemeanor for | ||
which the circuit court may impose a fine of $250 per | ||
violation, with each day constituting a separate violation.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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