(210 ILCS 110/1)(from Ch. 111 1/2, par. 185.1) Sec. 1. This Act shall be known and may be cited as the "Illinois Migrant
Labor Camp Law". (Source: Laws 1961, p. 3904.)
(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 State of
Illinois. "Director" means the Director of the Department of Public Health. "Person" means any 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 a calendar year basis and renewed
from year to year upon compliance with the requirements of this Act and
payment of the annual license fee. 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.)
(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 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 any renewal thereof shall be
filed in the office of the Director at least 60 days prior to the date on
which the occupancy and use of such camp is to commence. The camp shall be
ready for inspection at least 30 days prior to the date upon which the
occupancy and use of such camp is to commence. (Source: P.A. 86‑595.)
(210 ILCS 110/5)(from Ch. 111 1/2, par. 185.5) Sec. 5. In order to qualify for a license under the provisions of this Act, a
Migrant Labor Camp shall meet the requirements of this Act and the rules
promulgated by the Department pursuant thereto. (Source: P.A. 86‑595.)
(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 the camp site and the facilities described in the application
approximately 30 days prior to the date on which the occupancy and use of
such camp is to commence. 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, not less than 15 days prior to the date on
which the occupancy and use of such camp is to commence, 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 not less than 15 days prior to the date on which
the occupancy and use of such camp is to commence, 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: Laws 1965, p. 2356.)
(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 expansion. The plans shall contain the information necessary to
show compliance with the Act. Such application for approval shall be made
upon forms furnished by the Department and shall be accompanied by the
plans and specifications of the work proposed to be done. 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 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 to the
public. (Source: P.A. 86‑595.)
(210 ILCS 110/11)(from Ch. 111 1/2, par. 185.11) Sec. 11. 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 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. 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 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 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 110/13)(from Ch. 111 1/2, par. 185.13) Sec. 13. All final administrative decisions of the Department hereunder
shall be subject to judicial review pursuant to the provisions of the
Administrative Review Law as amended and the rules
adopted pursuant thereto. The term "Administrative Decision" is defined as
in Section 3‑101 of the Code of Civil Procedure. (Source: P.A. 82‑783.)
(210 ILCS 110/13A)(from Ch. 111 1/2, par. 185.13A) Sec. 13A. The Director of the Department shall appoint an advisory
committee of not less than five members consisting of one or more
representatives of vegetable growers, fruit growers, canning crops and of
the general public, who are familiar with Migrant Labor Camps. The Director
and the Department shall advise with such committee concerning the
administration of this Act, the rules and regulations of the Department
relating thereto, the needs of migrant workers and their families and
related problems. The committee shall meet as frequently as the Director
deems necessary. Meetings also may be held upon the concurrence of at
least 3 members of the committee and 10 days prior written notice to each
member of the committee. (Source: P.A. 86‑595.)
(210 ILCS 110/13B)(from Ch. 111 1/2, par. 185.13B) Sec. 13B. 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.)
(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 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
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. (Source: P.A. 86‑595.)
(210 ILCS 110/15)(from Ch. 111 1/2, par. 185.15) Sec. 15. Whenever the Department finds that an emergency exists which
requires immediate action to protect the public health, the Director shall,
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 a migrant labor camp with suspension
or revocation of the license. Notwithstanding any other provisions in this
Act such order shall be effective immediately. The State's Attorney and
Sheriff of the county in which the migrant labor camp 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 this Act. When such conditions are abated, in the opinion
of the Department, the Department may authorize reopening of the migrant labor camp. (Source: P.A. 83‑677.)
(210 ILCS 110/16)(from Ch. 111 1/2, par. 185.16) Sec. 16. Any worker aggrieved by a violation of this Act or 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 has willfully violated any provision of this Act or any 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 110/17)(from Ch. 111 1/2, par. 185.17) Sec. 17. It shall be unlawful for any person to evict, discharge or in
any other manner discriminate against any migrant worker because such worker
has filed any complaint or instituted or caused to be instituted any proceeding
under or related to this Act, or has testified or is about to testify in
any such proceeding, or has provided information to the Department or any
other enforcement agency. (Source: P.A. 83‑677.)
(210 ILCS 110/18) Sec. 18. The Department shall deposit all fees and fines collected
under this Act into the Facility Licensing Fund. Moneys in the Fund, subject
to appropriation, shall
be used for the enforcement of this Act. (Source: P.A. 92‑18, eff. 6‑28‑01.)
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