Bill Text: IL HB2731 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that it is unlawful for a person to volunteer for the Department of Natural Resources on Department owned or controlled property until a criminal background check has been approved by the Department. Provides that each volunteer applicant shall complete and sign a Department of Central Management Services Authorization for Release of Criminal History Information. Provides for certain criteria to determine if the applicant may volunteer with the Department. Provides that if the applicant believes the criminal history information is inaccurate, incomplete, or maintained in violation of any State or federal law or regulation, the applicant may order a Federal Bureau Investigation identity history report and challenge the criminal history within 30 days of the notification of denial by the Department. Provides that a criminal background check may be required by the Department at any time during the volunteer's time with the Department. Makes conforming changes to the Department of State Police Law of the Civil Administrative Code of Illinois. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2731 Detail]

Download: Illinois-2019-HB2731-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2731 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
20 ILCS 805/805-50 new
20 ILCS 2605/2605-347 new
Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that it is unlawful for a person to volunteer for the Department of Natural Resources on Department owned or controlled property until a criminal background check has been approved by the Department. Provides that each volunteer applicant shall complete and sign a Department of Central Management Services Authorization for Release of Criminal History Information. Provides for certain criteria to determine if the applicant may volunteer with the Department. Provides that if the applicant believes the criminal history information is inaccurate, incomplete, or maintained in violation of any State or federal law or regulation, the applicant may order a Federal Bureau Investigation identity history report and challenge the criminal history within 30 days of the notification of denial by the Department. Provides that a criminal background check may be required by the Department at any time during the volunteer's time with the Department. Makes conforming changes to the Department of State Police Law of the Civil Administrative Code of Illinois. Makes other changes.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by adding Section 805-50 as follows:
(20 ILCS 805/805-50 new)
Sec. 805-50. Criminal background checks.
(a) It is unlawful for a person to volunteer for the
Department on Department owned or controlled property until a
criminal background check has been approved by the Department.
A Department criminal background check of prospective
Department volunteers shall include a review of criminal
conviction history provided by the Department of State Police
and a review of public databases including: Sex Offender
Registration, Murderer and Violent Offenders Against Youth,
and Methamphetamine Manufacturers.
(b) Each volunteer applicant shall complete and sign a
Department of Central Management Services Authorization for
Release of Criminal History Information, CMS Form 248A
("Authorization Form"). The applicant must list his or her
permanent street address on the Authorization Form. A post
office address without a street address will not be accepted.

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Campground hosts must submit an Authorization Form for all
residents of the host site.
(c) Upon receipt of the completed and signed Authorization
Form, the Department shall review the criminal background
information provided. If no such information is found, the
Department shall notify the Volunteer Supervisor of approval by
email or telephone. Volunteers must immediately notify the
Department in writing of any convictions or other relevant
change in status after this process is completed.
(d) The following criteria shall be used to determine if
the applicant may volunteer with the Department:
(1) An applicant that does not consent to a criminal
background check and fails to complete and sign the
Authorization Form or cooperate with the background check
process shall be denied.
(2) An applicant that makes false statements regarding
his or her criminal history or fails to disclose criminal
history may be denied.
(3) A person convicted of a violent crime, a crime
against a person, a crime involving the use of a weapon, or
is a registered sex offender shall immediately be denied
without review.
(4) A person applying for Campground host shall be
denied if he or she has been convicted of theft or related
crimes.
(5) A person applying for Campground host jointly shall

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be denied jointly if one individual has been denied.
(6) Records of arrest not followed by a conviction and
convictions that have been annulled or expunged shall not
be considered grounds for denial. The successful
completion of a period of supervision shall not be
considered a conviction.
(7) The Department has discretion to accept or deny any
volunteer based on his or her criminal record and
anticipated duties.
(8) If a decision is reached to deny the applicant
based on his or her criminal record, the Department
designee shall notify the applicant in writing by certified
mail, with a copy of the denial sent to the Volunteer
Supervisor.
(e) If the applicant believes the criminal history
information is inaccurate, incomplete, or maintained in
violation of any State or federal law or regulation, the
applicant may order a Federal Bureau Investigation identity
history report and challenge the criminal history within 30
days of the notification of denial by the Department. The
applicant shall be responsible for any costs associated with
challenging a Department denial.
(f) If the Department of State Police background check
reveals convictions outside of the State, the volunteer shall
be denied unless he or she furnishes a Federal Bureau
Investigation identity history report for further review and

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consideration. The volunteer is responsible for any costs
associated to furnish the Federal Bureau Investigation
identity history report.
(g) A criminal background check may be required by the
Department at any time during the volunteer's time with the
Department. A new Authorization Form must be completed by the
volunteer upon request. Failure to comply with a Department
request for an additional background check may result in the
volunteer being denied or revoked.
Section 10. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-347 as follows:
(20 ILCS 2605/2605-347 new)
Sec. 2605-347. Criminal history information for Department
of Natural Resources. Upon request of the Department of Natural
Resources, the Department shall conduct an assessment and
evaluation of criminal history information as required under
Section 805-50 of the Department of Natural Resources
(Conservation) Law. The request shall be in a form and manner
specified by the Department.