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

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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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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(210 ILCS 110/2) (from Ch. 111 1/2, par. 185.2)
Sec. 2. When used in this Act:
"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.
"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.
"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.
"Department" means the Department of Public Health of the

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State of Illinois.
"Director" means the Director of the Department of Public
Health.
"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
corporation.
(Source: Laws 1965, p. 2356.)
(210 ILCS 110/3) (from Ch. 111 1/2, par. 185.3)
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
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
containing migrant workers shall meet the minimum standards
established by the Department but shall not be required to be
licensed.
(Source: P.A. 86-595.)

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(210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
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:
(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.
(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.
(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.
(d) The date upon which the occupancy and use of the
Migrant Labor Camp will commence.
The application for the original license or for any renewal
thereof shall be accompanied by a fee of $100.
Application for the original license or for a renewal of
the license shall be filed with the Department at least 5
business 60 days prior to the date on which the occupancy and

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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 3 business 30 days prior
to the date upon which the occupancy and use of such camp is to
commence.
(Source: P.A. 97-135, eff. 7-14-11.)
(210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
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
thereto, the Director shall issue a license to the applicant
for the operation of the camp.
If the application is denied, the Department shall notify
the applicant in writing of such denial setting forth the
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.
(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)
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
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.
(Source: Laws 1961, p. 3904.)
(210 ILCS 110/8) (from Ch. 111 1/2, par. 185.8)
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

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expansion. The plans shall contain the information necessary to
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.
(Source: P.A. 86-595.)
(210 ILCS 110/9) (from Ch. 111 1/2, par. 185.9)
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.
(Source: Laws 1965, p. 2356.)
(210 ILCS 110/9.1) (from Ch. 111 1/2, par. 185.9-1)
Sec. 9.1. Representatives of the Department, duly
authorized by the Director shall inspect each migrant labor

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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 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.
(Source: P.A. 77-1526.)
(210 ILCS 110/10) (from Ch. 111 1/2, par. 185.10)
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.
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

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required to furnish copies in any other format to the public.
(Source: P.A. 86-595.)
(210 ILCS 110/11) (from Ch. 111 1/2, par. 185.11)
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
inhabitants of such camp, the Department may immediately

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suspend such license.
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.
(Source: P.A. 88-535.)
(210 ILCS 110/12) (from Ch. 111 1/2, par. 185.12)
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

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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.

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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
license is suspended or revoked shall have the right to a
hearing before the Department. Request for such hearing shall

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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
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
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
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.
Technical errors in the proceeding or failure to observe

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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.
(Source: Laws 1961, p. 3904.)
(210 ILCS 110/14) (from Ch. 111 1/2, par. 185.14)
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.
(Source: P.A. 86-595.)

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(210 ILCS 110/16) (from Ch. 111 1/2, par. 185.16)
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.
(Source: P.A. 83-677.)
(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

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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

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violation, with each day constituting a separate violation.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance