CHILD CARE PROVIDER-CRIM CHECK Senate SponsorsSen. Matt Murphy and Randall M. Hultgren House Sponsors(Rep. Elizabeth Coulson-Chapin Rose-Suzanne Bassi-Sandy Cole-Sidney H. Mathias, Keith Farnham, Robert W. Pritchard, Donald L. Moffitt, Dennis M. Reboletti and Randy Ramey, Jr.) 8/24/2009SenatePublic Act . . . . . . . . . 96-0632 20 ILCS 2310/2310-186 new305 ILCS 5/9A-11.5Amends 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.Senate Floor Amendment No. 1 Replaces everything after the enacting clause with substantially similar provisions and with the following additional changes. Expands the list of agencies which must be represented on the task force to include the Illinois Criminal Justice Information Authority, 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. Provides that any agencies represented on the task force must be agencies that require applicants to undergo a fingerprint-based criminal history check pursuant to State or federal law (rather than State law). Expands the number of issues the task force's plan must address to include (i) the identification of any issues that agencies face in interpreting criminal history records, (ii) ensuring that any centralized criminal history records system discloses sealed criminal history records only to agencies authorized under Illinois law, (iii) the feasibility of installing a process whereby agencies provide copies of criminal background checks to applicants for review, and (iv) the feasibility of adopting a uniform procedure for obtaining disposition information where an arrest or criminal charge is reported without subsequent disposition. Further provides that a child care provider must authorize in writing a fingerprint-based criminal history record check (rather than an investigation) as a condition of participation in the child care assistance program; that a copy of the criminal history record check obtained from the Department of State Police shall be provided to the unlicensed child care provider; and that the Department of Human Service may withhold payment from a child care provider based on the results of a fingerprint-based criminal history record check (rather than based on the results of any criminal background information). Also provides that only information and standards which bear a reasonable and rational relation to the child care provider's performance shall be used by the Department of Human Services. Makes other changes.House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts substantially similar provisions with the following additional changes: expands the list of agencies which must be represented on the task force to include the Department of Labor, a union for child care workers who provide service to children, and representatives from the Live Scan fingerprinting industry; changes the submission date for the task force plan from February 1, 2010 to January 1, 2011; provides that a child care provider who participates in the Department of Human Services' child care assistance program must authorize in writing a State and Federal Bureau of Investigation fingerprint-based criminal history record check; provides that the Department of State Police shall charge a fee not to exceed the cost of the criminal history record check with proceeds going to the State Police Services Fund; and provides that the Department of Human Services shall by rule set standards for determining (rather than shall by rule determine) when to disqualify an unlicensed child care provider for payment based on the results of a Central Register search or a Department of State Police and Federal Bureau of Investigation criminal history record check (rather than based on the results of a Central Register search only). Sets forth specific criteria the Department shall consider when making is determination on whether to disqualify an unlicensed child care provider for payment. Effective immediately. 2/19/2009SenateFiled with Secretary by Sen. Matt Murphy 2/19/2009SenateFirst Reading 2/19/2009SenateReferred to Assignments 3/4/2009SenateAssigned to Criminal Law 3/12/2009SenateDo Pass Criminal Law; 008-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 3/25/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Matt Murphy 3/25/2009SenateSenate Floor Amendment No. 1 Referred to Assignments 3/30/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law 3/31/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 007-000-000 3/31/2009SenateSecond Reading 3/31/2009SenateSenate Floor Amendment No. 1 Adopted; Murphy 3/31/2009SenatePlaced on Calendar Order of 3rd Reading April 1, 2009 4/1/2009SenateAdded as Co-Sponsor Sen. Randall M. Hultgren 4/1/2009SenateThird Reading - Passed; 055-000-000 4/1/2009HouseArrived in House 4/1/2009HousePlaced on Calendar Order of First Reading 4/1/2009HouseChief House Sponsor Rep. Chapin Rose 4/1/2009HouseAdded Alternate Chief Co-Sponsor Rep. Suzanne Bassi 4/1/2009HouseFirst Reading 4/1/2009HouseReferred to Rules Committee 4/2/2009HouseAlternate Chief Sponsor Changed to Rep. Elizabeth Coulson 4/2/2009HouseAdded Alternate Chief Co-Sponsor Rep. Chapin Rose 4/14/2009HouseAssigned to Judiciary II - Criminal Law Committee 4/30/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee 4/30/2009HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote 4/30/2009HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 005-000-000 4/30/2009HousePlaced on Calendar 2nd Reading - Short Debate 5/5/2009HouseAdded Alternate Chief Co-Sponsor Rep. Sandy Cole 5/5/2009HouseAdded Alternate Chief Co-Sponsor Rep. Sidney H. Mathias 5/5/2009HouseAdded Alternate Co-Sponsor Rep. Keith Farnham 5/12/2009HouseSecond Reading - Short Debate 5/12/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/14/2009HouseThird Reading - Short Debate - Passed 105-000-000 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Dennis M. Reboletti 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Randy Ramey, Jr. 5/15/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/15/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 17, 2009 5/15/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Matt Murphy 5/15/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law 5/26/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 009-000-000 5/27/2009SenateHouse Committee Amendment No. 1 Senate Concurs 059-000-000 5/27/2009SenatePassed Both Houses 6/25/2009SenateSent to the Governor 8/24/2009SenateGovernor Approved 8/24/2009SenateEffective Date August 24, 2009 8/24/2009SenatePublic Act . . . . . . . . . 96-0632