Bill Text: IL SB1677 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department shall create a task force to examine the process used by State and local governmental agencies to conduct criminal history record checks as a condition of employment or approval to render provider services to such an agency. Provides that the task force shall include but need not be limited to representatives from several specified State agencies and large regional school districts. Requires the task force to provide a plan to the General Assembly by February 1, 2010 that addresses specified issues aimed at revising the process for conducting criminal history record checks in order to reduce duplication of effort and make better use of resources and more efficient use of taxpayer dollars. Amends the Illinois Public Aid Code. Provides that as a condition of eligibility to participate in the child care assistance program, a child care provider must authorize in writing an investigation to determine whether the child care provider has ever been charged with a crime and, if so, the disposition of those charges. Provides for confidentiality of information received by the Department of Human Services. Eliminates a provision that the Department of Human Services shall request the Department of Children and Family Services to conduct periodic investigations of the Central Register maintained under the Abused and Neglected Child Reporting Act. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0632 [SB1677 Detail]

Download: Illinois-2009-SB1677-Engrossed.html

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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 2. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-186 as follows:
(20 ILCS 2310/2310-186 new)
Sec. 2310-186. Criminal history record checks; task force.
The Department of Public Health in collaboration with the
Department of State Police shall create a task force to examine
the process used by State and local governmental agencies to
conduct criminal history record checks as a condition of
employment or approval to render provider services to such an
agency.
The task force shall be comprised of representatives from
State and local agencies that require an applicant to undergo a
fingerprint-based criminal history record check pursuant to
State or federal law or agencies that are contemplating such a
requirement. The task force shall include but need not be
limited to representatives from the Department of State Police,
the Illinois Criminal Justice Information Authority, the
Department of Children and Family Services, the Department of
Central Management Services, the Department of Healthcare and

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Family Services, the Department of Financial and Professional
Regulation, the Department of Public Health, the Department of
Human Services, the Office of the Secretary of State, the
Illinois State Board of Education (whose representative or
representatives shall consult with the Regional Offices of
Education and representatives of 2 statewide teachers unions, a
statewide organization representing school principals, a
statewide school administrators organization, and school bus
companies), a large regional park district, and at least 2
statewide non-governmental, non-profit multi-issue advocacy
organizations to represent the interests of prospective
employers. The task force shall be chaired by 2
co-chairpersons, one appointed by the Director of Public Health
and the other appointed by the Director of State Police. The
task force members shall be appointed within 30 days after the
effective date of this amendatory Act of the 96th General
Assembly. The Department of Public Health and the Department of
State Police shall jointly provide administrative and staff
support to the task force as needed.
The task force shall review and make recommendations to
create a more centralized and coordinated process for
conducting criminal history record checks in order to reduce
duplication of effort and make better use of resources and more
efficient use of taxpayer dollars.
The task force shall provide a plan to revise the criminal
history record check process to the General Assembly by

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February 1, 2010. The plan shall address the following issues:
(1) Identification of any areas of concern that have
been identified by stakeholders and task force members
regarding State or federally mandated criminal history
record checks.
(2) Evaluation of the feasibility of using an
applicant's initial criminal history record information
results for subsequent employment or licensing screening
purposes while protecting the confidentiality of the
applicant.
(3) Evaluation of the feasibility of centralizing the
screening of criminal history record information inquiry
responses.
(4) Identification and evaluation of existing
technologies that could be utilized to eliminate the need
for a subsequent fingerprint inquiry each time an applicant
changes employment or seeks a license requiring a criminal
history record inquiry.
(5) Identification of any areas where State or
federally mandated criminal history record checks can be
implemented in a more efficient and cost-effective manner.
(6) Evaluation of what other states and the federal
government are doing to address similar concerns.
(7) Identification of programs serving vulnerable
populations that do not currently require criminal history
record information to determine whether those programs

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should be included in a centralized screening of criminal
history record information.
(8) Identification of any issues that agencies face in
interpreting criminal history records, such as
differentiating among types of dispositions, and
evaluation of how those records can be presented in a
format better tailored to non-law enforcement purposes.
(9) Ensuring that any centralized criminal history
records system discloses sealed criminal history records
only to those agencies authorized to receive those records
under Illinois law.
(10) Evaluation of the feasibility of instating a
process whereby agencies provide copies of the criminal
background check to applicants for the purpose of providing
applicants with the opportunity to assess the accuracy of
the records.
(11) Evaluation of the feasibility of adopting a
uniform procedure for obtaining disposition information
where an arrest or criminal charge is reported without
subsequent disposition.
(12) Preparation of a report for the General Assembly
proposing solutions that can be adopted to eliminate the
duplication of applicant fingerprint submissions and the
duplication of criminal records check response screening
efforts and to minimize the costs of conducting State and
FBI fingerprint-based inquiries in Illinois.

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Section 5. The Illinois Public Aid Code is amended by
changing Section 9A-11.5 as follows:
(305 ILCS 5/9A-11.5)
Sec. 9A-11.5. Investigate child care providers.
(a) Any child care provider receiving funds from the child
care assistance program under this Code who is not required to
be licensed under the Child Care Act of 1969 shall, as a
condition of eligibility to participate in the child care
assistance program under this Code, authorize in writing on a
form prescribed by the Department of Children and Family
Services, periodic investigations of the Central Register, as
defined in the Abused and Neglected Child Reporting Act, to
ascertain if the child care provider has been determined to be
a perpetrator in an indicated report of child abuse or neglect.
The Department of Children and Family Services shall conduct an
investigation of the Central Register at the request of the
Department. The Department shall request the Department of
Children and Family Services to conduct periodic
investigations of the Central Register.
(b) Any child care provider, other than a relative of the
child, receiving funds from the child care assistance program
under this Code who is not required to be licensed under the
Child Care Act of 1969 shall, as a condition of eligibility to
participate in the child care assistance program under this

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Code, authorize in writing a fingerprint-based criminal
history record check to determine if the child care provider
has ever been convicted of a crime with respect to which the
conviction has not been overturned and the criminal records
have not been sealed or expunged. Upon this authorization, the
Department shall request and receive information and
assistance from any federal or State governmental agency as
part of the authorized criminal history record check. The
Department of State Police shall provide information
concerning any conviction that has not been overturned and with
respect to which the criminal records have not been sealed or
expunged, whether the conviction occurred before or on or after
the effective date of this amendatory Act of the 96th General
Assembly, of a child care provider upon the request of the
Department when the request is made in the form and manner
required by the Department of State Police. Any information
concerning convictions that have not been overturned and with
respect to which the criminal records have not been sealed or
expunged obtained by the Department is confidential and may not
be transmitted (i) outside the Department except as required in
this Section or (ii) to anyone within the Department except as
needed for the purposes of determining participation in the
child care assistance program. A copy of the criminal history
record check obtained from the Department of State Police shall
be provided to the unlicensed child care provider.
(c) The Department shall by rule determine when payment to

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an unlicensed child care provider may be withheld if there is
an indicated finding against the provider based on the results
of the Central Register search, or a disqualifying criminal
conviction that has not been overturned and with respect to
which the criminal records have not been sealed or expunged
based on the results of the fingerprint-based criminal history
record check obtained by the Department in the Central
Register. Only information and standards which bear a
reasonable and rational relation to the performance of a child
care provider shall be used by the Department.
(Source: P.A. 92-825, eff. 8-21-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.