(210 ILCS 95/1) (from Ch. 111 1/2, par. 761)
Sec. 1.
This Act shall be known and may be cited as the "Campground Licensing and Recreational Area Act."
(Source: P.A. 84-650.)
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(210 ILCS 95/2) (from Ch. 111 1/2, par. 762)
Sec. 2.
As used in this Act, unless the context requires otherwise:
(a) "Recreational Area" is any area of land which is designed,
constructed, operated or maintained either free of charge or for revenue
purposes for recreational activities.
The term "Recreational Area" is not meant to include primitive areas
which evidence no major artificial change from the natural surrounding
woodlands, croplands, pasturelands, prairielands, wetlands, or water areas,
and where any recreational activities allowed are not for revenue purposes.
(b) "Recreational Activities" include, but are not limited to hunting,
fishing, boating, camping, picnicking, hiking, pleasure
driving, nature study, water skiing, festivals, public gatherings and
visiting historical, archaeological, scenic or scientific sites, or for any
purpose, including but not limited to educational, vocational and religious
activities and assemblies.
(c) "Director" means the Director of the Illinois Department of Public Health.
(d) "Department" means the Illinois Department of Public Health.
(e) "Person" means any individual, group of individuals, association,
trust, partnership, corporation, person doing business under an assumed
name, county, municipality, the State of Illinois, or any political
subdivision or department thereof, or any other entity.
(f) "License" means a certificate issued by the Department
allowing a person to operate and maintain a campground under the
provisions of this Act and regulations issued hereunder.
(g) "Permit" means a certificate issued by the Department
permitting the construction, alteration and extension of a campground
under the provisions of this Act and the regulations issued hereunder.
(h) "Sanitary Station" means a facility used for removing and disposing
of wastes from holding tanks.
(i) "Service Building" means a structure housing toilet, lavatory and
such other facilities as may be required by this Act and regulations issued
hereunder.
(j) "Recreational Vehicle" means a vehicular-type unit, primarily
designed as temporary living quarters for recreational, camping or travel
use, which either has its own motive power or is mounted on or drawn by
another vehicle. The basic entities are: travel trailer, camping trailer,
truck camper, motor home and park model home.
(k) "Dependent Recreational Vehicle" means one that is dependent upon a
service building for toilet and lavatory facilities.
(l) "Self-contained Recreational Vehicle" means one that can operate
independent of connections to sewer, water and electric systems. It
contains a water flush toilet, lavatory, and kitchen sink, all of which are
connected to water storage and sewage holding tanks, located within the
trailer.
(m) "Applicant" means any person making application for a license or
permit.
(n) "Owner" means the person in whose name legal title to the property
is recorded, unless the property is held in land trust in which case the
owner is the holder of beneficial title.
(o) "Licensee" means any individual having a license or permit under
this Act, or any member of a firm, partnership, or association to which the
license is issued under this Act and any corporation having a license under
this Act.
(p) "Campground" means a recreational area where 3 or more tents,
cabins, recreational vehicles or other permanent or non-permanent type
shelters are erected and maintained for camping or where space is provided
for camping, temporary parking of recreational vehicles or placing of
such tents, cabins, recreational vehicles or other permanent or
non-permanent type shelters of any kind for 10 or more persons for 6 or
more camping days during a calendar year. It shall include any structure,
tent, vehicle, enclosure, appurtenances or recreational equipment related to
or used or intended for use as a part of such campground and an area upon
which no more than 4 mobile homes are located for permanent habitation as
defined in the Mobile Home and Mobile Home Park Act.
(q) "Operator" means the person who has been designated by the owner as
responsible on his behalf for the operation and administration of the premises.
(r) "Camping Day" means any 24 hour period or portion thereof during
which the participants remain overnight at the site.
(s) "Camping" means the act of resting or establishing temporary shelter
using a tent, cabin, recreational vehicle or other permanent or
non-permanent type shelter erected or placed on an area of land.
(Source: P.A. 85-959.)
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(210 ILCS 95/3) (from Ch. 111 1/2, par. 763)
Sec. 3.
It is found that there exists, and may in the future exist,
within the State of Illinois recreational areas and campgrounds which
are sub-standard in important features of safety, cleanliness, or
sanitation. Such conditions adversely affect the public health, safety and
general welfare of persons. Therefore, the purpose of this Act is to
protect, promote, and preserve the public health, safety and general
welfare by providing for the establishment and enforcement of minimum standards
for safety, cleanliness and general sanitation for all recreational areas
and campgrounds now in existence or hereafter constructed or
developed and to provide for inspection of all such
facilities and the licensing of campgrounds.
(Source: P.A. 84-650.)
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(210 ILCS 95/4) (from Ch. 111 1/2, par. 764)
Sec. 4.
Any person who constructs, operates, maintains or owns a
recreational area shall comply with the requirements of this Act and the
rules and regulations promulgated hereunder by the Department, and all
recreational areas that are campgrounds shall be licensed in accordance with this Act.
After the effective date of this amendatory Act of 1985, it shall
be unlawful for any person to construct,
or make major alterations or extensions of any campground as herein
defined within the State of Illinois unless he holds a valid permit issued
by the Department, which shall be valid for 1 year from date of issue, in
the name of such person for the specific construction, or major alteration
or major extension proposed. The Department shall by rule
define and determine what constitutes major alterations or major extensions.
All applications for permits shall be on forms furnished by the Department
and must be made to the Department accompanied by a permit fee of $100,
except as provided in Section 32 of this Act, which shall not be refundable,
and shall contain the following:
(a) Name and address of applicant.
(b) Interest of the applicant in the campground.
(c) The name and address of all persons holding an interest or having
an interest in the campground.
(d) Location and legal description of the campground.
(e) Plans and specifications of the proposed campground showing:
1. The area and the dimensions of the tract of land;
2. The number, location, and size of all camp spaces;
3. The location and width of roadways and walkways;
4. The location of service buildings, sanitary stations, and any other
proposed structures or facilities;
5. The location of water and sewer lines and riser pipes;
6. Plans and specifications of water supply, refuse and sewage disposal facilities;
7. Plans and specifications of all buildings constructed, or to be constructed
within the campground;
8. The location and details of all lighting and electrical systems.
(f) The calendar months of the year during which the applicant will operate
the campground.
(g) A statement of the fire fighting facilities, public or private, which
are available to the campground.
(h) Such other information as may be required by rules adopted by the
Department hereunder.
The issuance of a permit does not relieve the applicant of securing
necessary municipal or county building permits or of complying with any
applicable municipal or county zoning or other ordinance.
(Source: P.A. 84-650.)
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(210 ILCS 95/5) (from Ch. 111 1/2, par. 765)
Sec. 5.
After the effective date of this amendatory Act of
1985, it shall be unlawful for any person to establish,
maintain, conduct or operate a campground within this State without
first obtaining a license therefor from the Department. Such license shall
expire on February 1 of each year. Application for original licenses shall
be in writing, signed by the applicant, on forms furnished by the
Department, accompanied by an affidavit of the applicant as to the truth of
the application and by the deposit of a license fee of $100, except as
provided in Section 32 of this Act, which shall not be refundable and which
shall be in addition to the permit fee, and shall contain: the name and
address of the applicant, or names and addresses of the partners if the
applicant is a partnership, or the names and addresses of the officers if
the applicant is a corporation or the name and addresses of all persons
having an interest therein if the applicant is a group of individuals,
association, or trust; the location and legal description of the
campground; the site plan of the campground if one is not on
file with the Department, showing all camping spaces, structures, roads,
walkways, sanitation stations, and other service facilities provided
however that nothing in this Act shall apply to farm ponds and areas
adjunct thereto which are adjunct to a farming operation and used only for
fishing and/or picnicking.
Licenses shall not be transferable or assignable.
(Source: P.A. 84-650.)
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(210 ILCS 95/6) (from Ch. 111 1/2, par. 766)
Sec. 6.
Applications for renewals of licenses shall be made in writing by
the holders of the licenses, on forms furnished by the Department upon request
and shall be accompanied by a license fee of $100, except as provided in
Section 32 of this Act, which shall not be refundable, and shall contain
any change in the information submitted since the original license was
issued or the latest renewal granted. License renewal applications
received by the Department after the expiration date of the existing license
shall be subject to a $50 late fee, except for applications submitted by
units of State and local government. If the Department is satisfied that
the existing or proposed campground is so located, constructed, and
equipped as to be in compliance with this Act and the rules and regulations
issued hereunder so as not to be a source of danger to the health of others
or to its occupants, the Department shall issue the license.
(Source: P.A. 85-1261.)
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(210 ILCS 95/7) (from Ch. 111 1/2, par. 767)
Sec. 7.
If the Department finds that the facilities of any campground 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 area is habitable without undue prejudice to the occupants and
the public, the Department may issue a conditional license
setting forth the conditions on which the license is issued, the manner in
which the area fails to comply with the Act and such rules and regulations,
and shall set forth the time, not to exceed one year, within which the
applicant must make any changes or corrections necessary in order for such
area to fully comply with the Act and the rules and regulations of the
Department relating thereto. The Department shall not issue 2
consecutive conditional licenses with respect to any one campground.
(Source: P.A. 84-650.)
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(210 ILCS 95/8) (from Ch. 111 1/2, par. 768)
Sec. 8.
The Department is hereby authorized and directed to make such
inspections as are necessary to determine satisfactory compliance with this
Act and regulations issued hereunder.
(Source: P.A. 77-1473.)
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(210 ILCS 95/9) (from Ch. 111 1/2, par. 769)
Sec. 9.
The Department shall have the power to enter at reasonable times upon a
private or public property for the purpose of inspecting and investigating
conditions relating to the enforcement of this Act and regulations issued
hereunder.
(Source: P.A. 77-1473.)
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(210 ILCS 95/10) (from Ch. 111 1/2, par. 770)
Sec. 10.
The licensee shall maintain a register containing a record of
all recreational vehicles and persons using the campground as may be
required by the Department. The Department and all other law enforcement
officers shall have the power to inspect the register.
(Source: P.A. 84-650.)
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(210 ILCS 95/11) (from Ch. 111 1/2, par. 771)
Sec. 11.
It shall be the duty of the owners, licensees and occupants of
recreational areas and campgrounds to give the Department free access
to such premises at all reasonable times for the purpose of inspection.
(Source: P.A. 84-650.)
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(210 ILCS 95/12) (from Ch. 111 1/2, par. 772)
Sec. 12.
It shall be the duty of every occupant of a recreational area
or campground to give the owner, operator or licensee thereof
or his agent or employees access to any part of such
area or its premises at reasonable times for the purpose of making such
inspections, repairs, or alterations as are necessary to effect compliance
with this Act and the rules and regulations issued hereunder, or in a
lawful order issued pursuant to the conditions of this Act.
(Source: P.A. 84-650.)
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(210 ILCS 95/13) (from Ch. 111 1/2, par. 773)
Sec. 13.
Whenever the Department determines that there are reasonable
grounds to believe that there has been a violation of any provision of this Act or the
rules and regulations issued hereunder, the Department shall give notice of
such alleged violation to the owner, operator, licensee or permit
holder as herein provided. Such notice shall:
(a) be in writing;
(b) include a statement of the reasons for the issuance of the notice;
(c) allow reasonable time as determined by the Department for the
performance of any act it requires;
(d) be served upon the owner, licensee or permit holder as the case may
require; provided, that such notice or order shall be deemed to have been
properly served upon such owner, licensee or permit holder when a copy
thereof has been sent by registered or certified mail to his last known
address as furnished to the Department; or, when he has been served with
such notice by any other method authorized by the Laws of this State;
(e) contain an outline of remedial action, which, if taken, will be
required to effect compliance with the provisions of this Act and the rules
and regulations issued hereunder.
(Source: P.A. 84-650.)
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(210 ILCS 95/14) (from Ch. 111 1/2, par. 774)
Sec. 14.
The Department shall in any proceeding to suspend, revoke or
refuse to issue a permit or license, first serve or cause to be served upon the
owner, applicant, permit holder or licensee a written notice specifying the way
or ways in which such owner, applicant, licensee or permit holder has failed to
comply with this Act, or any rules, regulations or standards promulgated by
the Department pertaining thereto. In the case of a revocation or
suspension, this notice shall require the owner, licensee or permit holder to
remove or abate such violation, insanitary or objectionable condition,
specified in such notice, within 5 days or within a longer period of time as
may be allowed by the Department. If the owner, applicant, licensee or permit
holder fails to comply with the terms and conditions of the notice, within
the time specified or such extended period of time, the Department may
revoke or suspend such permit or license.
(Source: P.A. 84-650.)
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(210 ILCS 95/15) (from Ch. 111 1/2, par. 775)
Sec. 15.
Any person refused a permit or license to construct, alter,
extend, develop, or operate a campground or whose permit or license is
suspended or revoked, has a right to a hearing before the Department. A
written notice of a request for such a hearing shall be served on the
Department within 10 days of service of notice of refusal of a permit or
license or suspension or revocation thereof by the Department. The
Department shall give written notice by certified or registered mail to the
owner, operator, licensee, permit holder or applicant, as the case may be,
of such denial, suspension or revocation. The hearing shall be conducted by
the Director, or a Hearing Officer designated in writing by the Director to
conduct the hearing.
(Source: P.A. 84-650.)
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(210 ILCS 95/16) (from Ch. 111 1/2, par. 776)
Sec. 16.
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 administer oaths to witnesses. The hearing shall be
conducted at such place as designated by the Department. The Director shall
give written notice of the time and place of hearing, by registered or
certified mail, to the owner, operator, licensee, permit holder or
applicant, as the case may be, at least 20 days before such hearing. The
Director or Hearing Officer shall permit the owner, operator, licensee,
permit holder or applicant to appear in person or to be represented by
counsel at the hearing at which time such party shall be afforded an
opportunity to present all relevant matter in support of his application
for permit or license or in resisting the revocation or suspension thereof.
(Source: P.A. 77-1473.)
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(210 ILCS 95/17) (from Ch. 111 1/2, par. 777)
Sec. 17.
In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the laws of this State. All testimony taken at a hearing
shall be reduced to writing, and all such testimony and other evidence
introduced at the hearing shall be a part of the record of the hearing.
(Source: P.A. 77-1473.)
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(210 ILCS 95/18) (from Ch. 111 1/2, par. 778)
Sec. 18.
The Director shall make findings of fact in such hearing, and the
Director shall render his decision within 30 days after the termination of
the hearing, unless additional time is required by him for a proper
disposition of the matter. When the hearing has been conducted by a Hearing
Officer, the Director shall review the record before rendering a decision.
It shall be the duty of the Director to forward a copy of his decision, by
registered or certified mail, to the owner, operator, licensee, permit
holder or applicant, as the case may be, within 5 days of rendition of such
decision. Technical errors in the proceeding before the Director or Hearing
Officer or their failure to observe the technical rules of evidence shall
not be grounds for the reversal of any administrative decision unless it
appears to the court that such error or failure materially affects the
rights of any party and results in substantial injustice to him.
(Source: P.A. 77-1473.)
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(210 ILCS 95/19) (from Ch. 111 1/2, par. 779)
Sec. 19.
All subpoenas issued by the Director or Hearing Officer may be
served as provided for in a civil action. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to such proceeding at whose request the
subpoena is issued. If such subpoena is issued at the request of the
Department, the witness fee shall be paid as an administrative expense.
In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the circuit court of the county where the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding as for contempt.
(Source: P.A. 83-334.)
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(210 ILCS 95/20) (from Ch. 111 1/2, par. 780)
Sec. 20.
The Department is not required to certify any record or file any answer
or otherwise appear in any proceeding for judicial review unless the party
filing the complaint deposits with the clerk of the court the sum of 95
cents per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action.
(Source: P.A. 77-1473.)
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(210 ILCS 95/21) (from Ch. 111 1/2, par. 781)
Sec. 21.
(a) The Department shall promulgate such rules
and regulations as may be necessary for the proper enforcement of this Act,
to protect the health and safety of the public using such recreational
areas and campgrounds and may, when necessary, utilize the services of any
other State agencies to assist in carrying out the purposes of this Act. These
regulations shall include, but are not limited to, standards relating to
water supply, sewage and solid waste disposal, food service sanitation,
design of buildings, rodent and insect control, water and swimming hazards,
first aid, communicable disease control, safety, cleanliness and
sanitation.
(b) The Department may designate
county and multiple-county health departments or municipal boards of health
to make inspections relating to compliance with this Act and the standards
prescribed by the Department. The reports and recommendations of any such
agency shall be in writing and shall state its findings with respect to
compliance or non-compliance with this Act and the regulations. The
Department or the designated agency shall make at least 1 annual inspection
of each campground and inspect any recreational area when deemed necessary.
(Source: P.A. 91-798, eff. 7-9-00.)
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(210 ILCS 95/22) (from Ch. 111 1/2, par. 782)
Sec. 22.
(Repealed).
(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 91-798, eff. 7-9-00.)
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(210 ILCS 95/23) (from Ch. 111 1/2, par. 783)
Sec. 23.
Whenever the Department finds that an emergency exists which
requires immediate action to protect the public health or safety, it may,
without notice or hearing, issue an order reciting the existence of such an
emergency and then require that such action be taken as it may deem
necessary to meet the emergency including the closing of the campground or
recreational area or the suspension or revocation of the permit or license.
Notwithstanding any other provision in this Act such order shall be
effective immediately. The State's Attorney and Sheriff of the county in
which the recreational area or campground is located shall enforce the
closing order after receiving notice thereof. Any owner, operator or
licensee affected by such an order is entitled, upon request, to a hearing
as provided in Section 14 of this Act. When such conditions are abated, in
the opinion of the Department, the Department may authorize reopening the
recreational area or campground.
(Source: P.A. 84-650.)
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(210 ILCS 95/24) (from Ch. 111 1/2, par. 784)
Sec. 24.
Any person who violates this Act or any rule or regulation
adopted by the Department, or who violates any determination or order of the
Department under this Act shall be guilty of a Class B misdemeanor. Each
day's violation constitutes a separate offense. The State's Attorney of the
County in which the violation occurred, or the Attorney General shall bring
such actions in the name of the people of the State of Illinois, or may, in
addition to other remedies provided in this Act, bring action for an
injunction to restrain such violation, or to enjoin the operation of any
such recreational area or campground.
(Source: P.A. 84-650.)
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(210 ILCS 95/25) (from Ch. 111 1/2, par. 785)
Sec. 25.
Nothing in this Act shall be construed to exclude any developed
state parks of Illinois or the rest areas on state or interstate highways.
Nothing in this Act shall be construed to impose any additional duty of care
on an owner of land who either directly or indirectly invites or permits
without charge, as defined in the Recreational Use of Land and Water Areas
Act, any person to use such property for recreational purposes. Except that
the provisions in this Act for applications for permits and licenses, the
provisions for fees for permits and licenses, and the provision for fine
and imprisonment shall not apply to the State of Illinois, to Departments
thereof, or to units of local government. The State of Illinois and
Departments thereof and units of local government shall furnish to the
Department such information as may be requested by the Department as would
otherwise be required for permits and licenses. The terms "campground" and
"recreational area" shall not be construed to include buildings, tents, or
other structures maintained by an individual or company on their own
premises and used exclusively to house their own farm labor, or any military
establishment of the United States or this State wherein a recreational
vehicle or vehicles may be located or harbored, on any park or State or
county fairgrounds for a period during, immediately prior to and
immediately subsequent to the holding of a fair or in association with
events or activities being sponsored on any State or county fairgrounds,
or the area or premises on any farm upon which are
harbored recreational vehicles occupied by persons employed upon such farm
for not to exceed 90 days in any calendar year in the production, harvesting
or processing of agricultural or horticultural products produced on such farm.
(Source: P.A. 85-959.)
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(210 ILCS 95/26) (from Ch. 111 1/2, par. 786)
Sec. 26.
The Administrative Review Law, as now or
hereafter amended, and the rules adopted under the Administrative Review
Law apply to and govern all proceedings for judicial review of final
administrative decisions of the Department under this Act. The term
"administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure.
(Source: P.A. 82-783.)
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(210 ILCS 95/26.1) (from Ch. 111 1/2, par. 786.1)
Sec. 26.1.
The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45.)
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(210 ILCS 95/27) (from Ch. 111 1/2, par. 787)
Sec. 27.
If any part of this Act is adjudged invalid, such adjudication shall not
affect the validity of the Act as a whole or of any other part.
(Source: P.A. 77-1473.)
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(210 ILCS 95/28) (from Ch. 111 1/2, par. 788)
Sec. 28.
This Act becomes effective January 1, 1972.
(Source: P.A. 77-1473.)
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(210 ILCS 95/30) (from Ch. 111 1/2, par. 790)
Sec. 30.
This Act does not apply within the jurisdiction of any home rule unit.
(Source: P.A. 77-1473.)
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(210 ILCS 95/31) (from Ch. 111 1/2, par. 791)
Sec. 31.
This Act shall not apply to a youth camp, which means a recreational
camp or area where five or more children under 18 years of age are
accommodated apart from their parents, relatives or legal guardians for
five days or more.
(Source: P.A. 77-1473.)
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(210 ILCS 95/32) (from Ch. 111 1/2, par. 792)
Sec. 32.
The provisions in this Act for fees shall not apply to an
organization incorporated under the General Not For Profit Corporation Act.
A copy of the latest annual report filed with the Secretary of State shall
be submitted with the application form annually as evidence of such status.
(Source: P.A. 84-650.)
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