HB2953 103RD GENERAL ASSEMBLY

LRB103 03448 CPF 48454 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2953

Introduced 2/16/2023, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.990 new
105 ILCS 5/26-1	from Ch. 122, par. 26-1

Creates the Illinois Youth Advisory Board of Public Health Act. Creates the Illinois Youth Advisory Board of Public Health within the Department of Public Health to facilitate communication between the youth of the State of Illinois and specified State entities regarding the public health issues, interests, and needs that are important to the youth of the State of Illinois. Contains requirements for Advisory Board membership, meetings, and raising public awareness. Requires the Advisory Board to submit an annual report with specified information to the Governor and the General Assembly. Contains other provisions. Amends the State Finance Act. Creates the Illinois Youth Advisory Board of Public Health Fund. Amends the School Code to make a conforming change. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Youth Advisory Board of Public Health Act.

Section 5. Definitions. In this Act:

"Advisory Board" means the Illinois Youth Advisory Board of Public Health created under subsection (a) of Section 10.

"Chair" means the Chair of the Advisory Board who is elected under subsection (b) of Section 25.

"Department" means the Illinois Department of Public Health.

"Director" means the Director of Public Health.

"Elections Committee" means the Elections Committee created under subsection (c) of Section 10.

"Fund" means the Illinois Youth Advisory Board of Public Health Fund created under Section 55.

Section 10. The Illinois Youth Advisory Board of Public Health; Elections Committee.

(a) The Illinois Youth Advisory Board of Public Health is created within the Department to facilitate communication between the youth of the State of Illinois, the Department, and the elected branches of State government regarding the public health issues, interests, and needs important to the youth of the State of Illinois. The Advisory Board has all of the powers and responsibilities enumerated in this Act and any other power or responsibility that may be conferred upon the Advisory Board by law.

(b) The Advisory Board shall be staffed by a State agency, representatives of the Department, or both, as designated by the Director.

(c) The Elections Committee is created within the Advisory Board to elect members of the Advisory Board in accordance with Section 15. The Director shall appoint members of the Elections Committee by selecting one representative from each of the following offices within the Department:

(1) The Office of Health Care Regulation.

(2) The Office of Health Promotion.

(3) The Office of Health Protection.

(4) The Office of Disease Control.

(5) The Office of Policy, Planning, and Statistics.

(6) The Office of Preparedness and Response.

(7) The Office of Women's Health and Family Services.

Section 15. Advisory Board members; election; term of office; applications.

(a) The Advisory Board shall consist of 15 members who are elected to the Advisory Board by popular vote of the Elections Committee from a pool of applicants meeting the qualifications under Section 20. The Elections Committee shall convene on or before April 1 of each year to elect candidates to fill each vacant or expiring Advisory Board member position. A representative from the Elections Committee, appointed by the Director, shall review potential candidates' membership applications, serve as judge of the results of the election, and notify existing Advisory Board members of the applicants selected by the Elections Committee for Advisory Board membership. Each candidate elected by the Elections Committee for Advisory Board membership shall be notified of his or her election to the Advisory Board on or before April 5 of the year that he or she is elected.

(b) The term of office for initial members of the Advisory Board shall begin on July 1, 2024 and expire on June 30, 2025. Thereafter, the term for members of the Advisory Board shall begin on the first Saturday in July of each year and expire one day before the first Saturday in July of the following calendar year. A person may serve as a member for up to 2 terms if, for each term, the person meets all membership requirements, submits an application created under subsection (c), and is elected for membership by the Elections Committee under subsection (a).

(c) On or before December 1, 2023, the Advisory Board shall create an application that shall be used by candidates to apply for Advisory Board membership. The Advisory Board, in conjunction with the Elections Committee, may modify the application from time to time.

Section 20. Member qualifications. During each Advisory Board member's term, the member shall meet all of the following qualifications:

(1) The member must have been a resident of the State of Illinois for at least one year prior to the member's term.

(2) The member must be older than 14 years of age and younger than 22 years of age. However, if the member will become 23 years of age during his or her term, the member may complete that term.

(3) The member must be enrolled as a student at a high school, community college, college, or university in this State. However, if the member will graduate from a high school, community college, college, or university in this State during his or her term, the member may complete that term.

Section 25. Quorum; meetings; school attendance; leadership positions.

(a) A majority of members elected to the Advisory Board shall constitute a quorum.

(b) In addition to the annual in-person meeting required under Section 30, the Advisory Board shall convene in person, by electronic means, or by telephone at least once monthly and at any other time the Advisory Board deems necessary. Each member of the Advisory Board shall be excused, without penalty or consequence, from mandatory student attendance at the school at which he or she is enrolled to participate in an Advisory Board meeting convened under this subsection or under Section 30. At the first meeting of the Advisory Board after the election of Advisory Board members, the Advisory Board shall elect one member to serve as the Advisory Board's Chair. The Advisory Board may create additional Advisory Board leadership positions, to be filled by members of the Advisory Board, as the Advisory Board deems necessary.

Section 30. Annual in-person meeting. The Advisory Board shall convene an annual in-person meeting at the end of each membership term to present the General Assembly and the Governor with the report required under Section 50, any research conducted by the Advisory Board, and any community-oriented activities recommended or undertaken by the Advisory Board to improve the health of Illinois residents.

Section 35. Powers and responsibilities.

(a) The Advisory Board may exercise any of the following powers:

(1) Collaborating with the Department on agreed projects.

(2) Creating community initiatives to support public health.

(3) Voicing opinions on any public health matter regarding the youth of Illinois.

(4) Drafting reports and advisory opinions for the Department's consideration.

(5) Conducting periodic seminars for members of Illinois communities that concern public health topics and relate to the youth of Illinois.

(b) Members of the Advisory Board may attend Department meetings and may advise the Department generally on matters pertaining to youth and community public health initiatives. Nothing in this Act shall be construed to entitle an Advisory Board member to vote on matters pending before the Department.

(c) The Chair is responsible for all of the following:

(1) For each Advisory Board meeting, creating an agenda that is approved by a Department representative appointed by the Director from the Elections Committee.

(2) Running Advisory Board meetings and facilitating communication within the Advisory Board, including, but not limited to, selecting one member to serve as Secretary for each Advisory Board meeting who is responsible for taking minutes throughout the meeting and submitting the minutes to the Chair.

(3) Appointing members to serve in leadership positions within the Advisory Board, if the Advisory Board deems the appointment necessary.

(4) Planning and reviewing meetings with the Department representative appointed by the Director under paragraph (1).

(5) Facilitating communication between the Advisory Board and the Department.

Section 40. Outreach.

(a) On or before January 10 of each year, the Chair, with support from the Advisory Board, shall notify all high schools, community colleges, colleges, and universities in this State that the time for applying to become a member of the Advisory Board is open and that the application period shall expire on March 15 of that year. The notice shall include the requirements for Advisory Board membership and a copy of the application for Advisory Board membership.

(b) Upon receiving notice under subsection (a) that the application period is open, a high school, community college, college, or university in this State shall make reasonable attempts to notify interested students of the opportunity to apply for Advisory Board membership.

(c) To raise public awareness of the Advisory Board, the Advisory Board may:

(1) conduct a public awareness campaign;

(2) maintain a website and establish a social media presence;

(3) work with established youth groups to increase public awareness of the Advisory Board; and

(4) employ any other means necessary to raise public awareness of the Advisory Board's existence and purpose.

Section 45. Administrative support. Administrative support for the Advisory Board shall be provided by the Department. Members of the Advisory Board shall not receive compensation for serving as members, but may be reimbursed, subject to appropriation from the Fund or as approved by the Governor, for expenses described under Section 55. A member of the Advisory Board may receive credit toward required service hours from his or her school for participation in the Advisory Board. Moneys for travel expenses and administrative costs of the Advisory Board shall be appropriated to the Advisory Board from the Fund or as otherwise approved by the Governor.

Section 50. Annual report. The Advisory Board shall electronically submit an annual report to the General Assembly and the Governor detailing the Advisory Board's activities and any legislation recommended by the Advisory Board.

Section 55. Illinois Youth Advisory Board of Public Health Fund. The Illinois Youth Advisory Board of Public Health Fund is created as a special fund in the State treasury. All moneys in the Fund shall be used, subject to appropriation by the General Assembly, to reimburse Advisory Board members for actual expenses incurred in traveling to Advisory Board meetings, including, but not limited to, transportation, food, and lodging, and for printing the annual report required under Section 50.

Section 85. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Illinois Youth Advisory Board of Public Health Fund.

Section 90. The School Code is amended by changing Section 26-1 as follows:

(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)

(Text of Section before amendment by P.A. 102-981)

Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17 years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year shall cause such child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in Section 10-19.1, and during a required summer school program established under Section 10-22.33B; provided, that the following children shall not be required to attend the public schools:

1. Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language;

2. Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends, with absence for cause by illness being required to include the mental or behavioral health of the child for up to 5 days for which the child need not provide a medical note, in which case the child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence and, after the second mental health day used, may be referred to the appropriate school support personnel; the exemptions in this paragraph (2) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician;

3. Any child necessarily and lawfully employed according to the provisions of the law regulating child labor may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides. In districts having part-time continuation schools, children so excused shall attend such schools at least 8 hours each week;

4. Any child over 12 and under 14 years of age while in attendance at confirmation classes;

5. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study, or work requirements on a particular day or days or at a particular time of day because of religious reasons, including the observance of a religious holiday or participation in religious instruction, or because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. A school board may require the parent or guardian of a child who is to be excused from attending school because of religious reasons to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to school. A district superintendent shall develop and distribute to schools appropriate procedures regarding a student's absence for religious reasons, how schools are notified of a student's impending absence for religious reasons, and the requirements of Section 26-2b of this Code;

6. Any child 16 years of age or older who (i) submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of this Code or an alternative learning opportunities program established pursuant to Article 13B of this Code;

7. A child in any of grades 6 through 12 absent from a public school on a particular day or days or at a particular time of day for the purpose of sounding "Taps" at a military honors funeral held in this State for a deceased veteran. In order to be excused under this paragraph 7, the student shall notify the school's administration at least 2 days prior to the date of the absence and shall provide the school's administration with the date, time, and location of the military honors funeral. The school's administration may waive this 2-day notification requirement if the student did not receive at least 2 days advance notice, but the student shall notify the school's administration as soon as possible of the absence. A student whose absence is excused under this paragraph 7 shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this paragraph 7 must be allowed a reasonable time to make up school work missed during the absence. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance and he or she may not be penalized for that absence; and

8. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that his or her parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support postings. Such a student shall be granted 5 days of excused absences in any school year and, at the discretion of the school board, additional excused absences to visit the student's parent or legal guardian relative to such leave or deployment of the parent or legal guardian. In the case of excused absences pursuant to this paragraph 8, the student and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence and for ensuring that such assignments are completed by the student prior to his or her return to school from such period of excused absence; and .

(9) Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he or she is participating in an Illinois Youth Advisory Board of Public Health meeting convened under the Illinois Youth Advisory Board of Public Health Act.

(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22.)

(Text of Section after amendment by P.A. 102-981)

Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17 years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year shall cause such child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in Section 10-19.1, and during a required summer school program established under Section 10-22.33B; provided, that the following children shall not be required to attend the public schools:

1. Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language;

2. Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends, with absence for cause by illness being required to include the mental or behavioral health of the child for up to 5 days for which the child need not provide a medical note, in which case the child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence and, after the second mental health day used, may be referred to the appropriate school support personnel; the exemptions in this paragraph (2) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician;

3. Any child necessarily and lawfully employed according to the provisions of the law regulating child labor may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides. In districts having part-time continuation schools, children so excused shall attend such schools at least 8 hours each week;

4. Any child over 12 and under 14 years of age while in attendance at confirmation classes;

5. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study, or work requirements on a particular day or days or at a particular time of day because of religious reasons, including the observance of a religious holiday or participation in religious instruction, or because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. A school board may require the parent or guardian of a child who is to be excused from attending school because of religious reasons to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to school. A district superintendent shall develop and distribute to schools appropriate procedures regarding a student's absence for religious reasons, how schools are notified of a student's impending absence for religious reasons, and the requirements of Section 26-2b of this Code;

6. Any child 16 years of age or older who (i) submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of this Code or an alternative learning opportunities program established pursuant to Article 13B of this Code;

7. A child in any of grades 6 through 12 absent from a public school on a particular day or days or at a particular time of day for the purpose of sounding "Taps" at a military honors funeral held in this State for a deceased veteran. In order to be excused under this paragraph 7, the student shall notify the school's administration at least 2 days prior to the date of the absence and shall provide the school's administration with the date, time, and location of the military honors funeral. The school's administration may waive this 2-day notification requirement if the student did not receive at least 2 days advance notice, but the student shall notify the school's administration as soon as possible of the absence. A student whose absence is excused under this paragraph 7 shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this paragraph 7 must be allowed a reasonable time to make up school work missed during the absence. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance and he or she may not be penalized for that absence; and

8. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that his or her parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support postings. Such a student shall be granted 5 days of excused absences in any school year and, at the discretion of the school board, additional excused absences to visit the student's parent or legal guardian relative to such leave or deployment of the parent or legal guardian. In the case of excused absences pursuant to this paragraph 8, the student and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence and for ensuring that such assignments are completed by the student prior to his or her return to school from such period of excused absence; and .

(9) Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he or she is participating in an Illinois Youth Advisory Board of Public Health meeting convened under the Illinois Youth Advisory Board of Public Health Act.

Any child from a public middle school or high school, subject to guidelines established by the State Board of Education, shall be permitted by a school board one school day-long excused absence per school year for the child who is absent from school to engage in a civic event. The school board may require that the student provide reasonable advance notice of the intended absence to the appropriate school administrator and require that the student provide documentation of participation in a civic event to the appropriate school administrator.

(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect upon becoming law.