Full Text of SB2552 95th General Assembly
SB2552ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 5/21/2008
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| AMENDMENT TO SENATE BILL 2552
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| AMENDMENT NO. ______. Amend Senate Bill 2552 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 2. The Department of Public Health Powers and | 5 |
| Duties Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 2310-186 as follows: | 7 |
| (20 ILCS 2310/2310-186 new) | 8 |
| Sec. 2310-186. Criminal history record checks; task force. | 9 |
| The Department of Public Health in collaboration with the | 10 |
| Department of State Police shall create a task force to examine | 11 |
| the process used by State and local governmental agencies to | 12 |
| conduct criminal history record checks as a condition of | 13 |
| employment or approval to render provider services to such an | 14 |
| agency. | 15 |
| The task force shall be comprised of representatives from |
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| State and local agencies that require an applicant to undergo a | 2 |
| fingerprint-based criminal history record check pursuant to | 3 |
| State law or agencies that are contemplating such a | 4 |
| requirement. The task force shall include but need not be | 5 |
| limited to representatives from the Department of State Police, | 6 |
| the Department of Children and Family Services, the Department | 7 |
| of Central Management Services, the Department of Healthcare | 8 |
| and Family Services, the Department of Financial and | 9 |
| Professional Regulation, the Department of Public Health, the | 10 |
| Department of Human Services, the Office of the Secretary of | 11 |
| State, and the Illinois State Board of Education (whose | 12 |
| representative or representatives shall consult with the | 13 |
| Regional Offices of Education and representatives of 2 | 14 |
| statewide teachers unions, a statewide organization | 15 |
| representing school principals, a statewide school | 16 |
| administrators organization, and school bus companies). The | 17 |
| task force shall be chaired by 2 co-chairpersons, one appointed | 18 |
| by the Director of Public Health and the other appointed by the | 19 |
| Director of State Police. The task force members shall be | 20 |
| appointed within 30 days after the effective date of this | 21 |
| amendatory Act of the 95th General Assembly. The Department of | 22 |
| Public Health and the Department of State Police shall jointly | 23 |
| provide administrative and staff support to the task force as | 24 |
| needed. | 25 |
| The task force shall review and make recommendations to | 26 |
| create a more centralized and coordinated process for |
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| conducting criminal history record checks in order to reduce | 2 |
| duplication of effort and make better use of resources and more | 3 |
| efficient use of taxpayer dollars. | 4 |
| The task force shall provide a plan to revise the criminal | 5 |
| history record check process to the General Assembly by August | 6 |
| 1, 2009. The plan shall address the following issues: | 7 |
| (1) Identification of any areas of concern that have | 8 |
| been identified by stakeholders and task force members | 9 |
| regarding State-mandated criminal history record checks. | 10 |
| (2) Evaluation of the feasibility of using an | 11 |
| applicant's initial criminal history record information | 12 |
| results for subsequent employment or licensing screening | 13 |
| purposes while protecting the confidentiality of the | 14 |
| applicant. | 15 |
| (3) Evaluation of the feasibility of centralizing the | 16 |
| screening of criminal history record information inquiry | 17 |
| responses. | 18 |
| (4) Identification and evaluation of existing | 19 |
| technologies that could be utilized to eliminate the need | 20 |
| for a subsequent fingerprint inquiry each time an applicant | 21 |
| changes employment or seeks a license requiring a criminal | 22 |
| history record inquiry. | 23 |
| (5) Identification of any areas where State-mandated | 24 |
| criminal history record checks can be implemented in a more | 25 |
| efficient and cost-effective manner. | 26 |
| (6) Evaluation of what other states are doing to |
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| address similar concerns. | 2 |
| (7) Identification of programs serving vulnerable | 3 |
| populations that do not currently require criminal history | 4 |
| record information to determine whether those programs | 5 |
| should be included in a centralized screening of criminal | 6 |
| history record information. | 7 |
| (8) Preparation of a report for the General Assembly | 8 |
| proposing solutions that can be adopted to eliminate the | 9 |
| duplication of applicant fingerprint submissions and the | 10 |
| duplication of criminal records check response screening | 11 |
| efforts and to minimize the costs of conducting State and | 12 |
| FBI fingerprint-based inquiries in Illinois. | 13 |
| Notwithstanding any other rulemaking authority that may | 14 |
| exist, neither the Governor nor any agency or agency head under | 15 |
| the jurisdiction of the Governor has any authority to make or | 16 |
| promulgate rules to implement or enforce the provisions of this | 17 |
| amendatory Act of the 95th General Assembly. If, however, the | 18 |
| Governor believes that rules are necessary to implement or | 19 |
| enforce the provisions of this amendatory Act of the 95th | 20 |
| General Assembly, the Governor may suggest rules to the General | 21 |
| Assembly by filing them with the Clerk of the House and | 22 |
| Secretary of the Senate and by requesting that the General | 23 |
| Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this | 26 |
| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor.
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| Section 5. The Illinois Public Aid Code is amended by | 12 |
| changing Section 9A-11.5 as follows:
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| (305 ILCS 5/9A-11.5)
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| Sec. 9A-11.5. Investigate child care providers. | 15 |
| (a) Any child care provider receiving funds from the child | 16 |
| care assistance program
under this Code who is not required to | 17 |
| be licensed under the Child Care Act of
1969 shall, as a | 18 |
| condition of eligibility to participate in the child care
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| assistance program under this Code, authorize in writing on a | 20 |
| form prescribed
by the Department of Children and Family | 21 |
| Services, periodic investigations of the
Central Register, as | 22 |
| defined in the Abused and Neglected Child Reporting Act,
to | 23 |
| ascertain if the child care provider has been determined to be | 24 |
| a perpetrator
in an indicated report of child abuse or neglect. |
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| The Department of Children and Family Services shall conduct an | 2 |
| investigation
of the Central Register at the request of the | 3 |
| Department. The Department shall
request the Department of | 4 |
| Children and Family Services to conduct periodic
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| investigations of the Central Register. | 6 |
| (b) Any child care provider, other than a relative of the | 7 |
| child, receiving funds from the child care assistance program | 8 |
| under this Code who is not required to be licensed under the | 9 |
| Child Care Act of 1969 shall, as a condition of eligibility to | 10 |
| participate in the child care assistance program under this | 11 |
| Code, authorize in writing an investigation to determine if the | 12 |
| child care provider has ever been convicted of a crime with | 13 |
| respect to which the conviction has not been overturned and the | 14 |
| criminal records have not been sealed or expunged. Upon this | 15 |
| authorization, the Department shall request and receive | 16 |
| information and assistance from any federal or State | 17 |
| governmental agency as part of the authorized investigation. | 18 |
| The Department of State Police shall provide information | 19 |
| concerning any conviction that has not been overturned and with | 20 |
| respect to which the criminal records have not been sealed or | 21 |
| expunged, whether the conviction occurred before or on or after | 22 |
| the effective date of this amendatory Act of the 95th General | 23 |
| Assembly, of a child care provider upon the request of the | 24 |
| Department when the request is made in the form and manner | 25 |
| required by the Department of State Police.
Any information | 26 |
| concerning convictions that have not been overturned and with |
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| respect to which the criminal records have not been sealed or | 2 |
| expunged obtained by the Department is confidential and may not | 3 |
| be transmitted (i) outside the Department except as required in | 4 |
| this Section or (ii) to anyone within the Department except as | 5 |
| needed for the purposes of determining participation in the | 6 |
| child care assistance program. | 7 |
| (c) The Department shall
by rule determine when payment to | 8 |
| an unlicensed child care provider may be
withheld if there is | 9 |
| an indicated finding against the provider based on the results | 10 |
| of the Central Register search, or a disqualifying criminal | 11 |
| conviction that has not been overturned and with respect to | 12 |
| which the criminal records have not been sealed or expunged | 13 |
| based on the results of the criminal background information | 14 |
| obtained by the Department in the Central
Register .
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| (d) Notwithstanding any other rulemaking authority that | 16 |
| may exist, neither the Governor nor any agency or agency head | 17 |
| under the jurisdiction of the Governor has any authority to | 18 |
| make or promulgate rules to implement or enforce the provisions | 19 |
| of this amendatory Act of the 95th General Assembly. If, | 20 |
| however, the Governor believes that rules are necessary to | 21 |
| implement or enforce the provisions of this amendatory Act of | 22 |
| the 95th General Assembly, the Governor may suggest rules to | 23 |
| the General Assembly by filing them with the Clerk of the House | 24 |
| and Secretary of the Senate and by requesting that the General | 25 |
| Assembly authorize such rulemaking by law, enact those | 26 |
| suggested rules into law, or take any other appropriate action |
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LRB095 19700 DRJ 51256 a |
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| in the General Assembly's discretion. Nothing contained in this | 2 |
| amendatory Act of the 95th General Assembly shall be | 3 |
| interpreted to grant rulemaking authority under any other | 4 |
| Illinois statute where such authority is not otherwise | 5 |
| explicitly given. For the purposes of this amendatory Act of | 6 |
| the 95th General Assembly, "rules" is given the meaning | 7 |
| contained in Section 1-70 of the Illinois Administrative | 8 |
| Procedure Act, and "agency" and "agency head" are given the | 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 10 |
| Administrative Procedure Act to the extent that such | 11 |
| definitions apply to agencies or agency heads under the | 12 |
| jurisdiction of the Governor. | 13 |
| (Source: P.A. 92-825, eff. 8-21-02.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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