Full Text of SB3119 99th General Assembly
SB3119sam001 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/30/2016
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| 1 | | AMENDMENT TO SENATE BILL 3119
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3119 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 13-45 as follows:
| 6 | | (105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
| 7 | | Sec. 13-45.
Other provisions of this Code shall not apply | 8 | | to the Department of Juvenile Justice School District being all | 9 | | of the following Articles and
Sections: Articles 3, 3A, 4, 5, | 10 | | 6, 7, 8, and 9, those Sections of Article 10 in conflict with
| 11 | | any provisions of Sections 13-40 through 13-45, and Articles | 12 | | 11, 12, 15,
17, 18, 19, 19A, 20, 22, 24, 24A, 26, 31, 32, 33, | 13 | | and 34. Also Article 28 shall
not apply except that this School | 14 | | District may use any funds available from
State, Federal and | 15 | | other funds for the purchase of textbooks, apparatus and
| 16 | | equipment.
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| 1 | | Other requirements of school districts, school boards, or | 2 | | schools provided by any other statute of this State first | 3 | | enacted on or after the effective date of this amendatory Act | 4 | | of the 99th General Assembly shall not apply to the Department | 5 | | of Juvenile Justice School District, its school board, or its | 6 | | schools unless the statutory requirement explicitly states | 7 | | that it is applicable to the Department of Juvenile Justice | 8 | | School District, its school board, or its schools. | 9 | | (Source: P.A. 98-689, eff. 1-1-15 .)
| 10 | | Section 10. The Illinois School Student Records Act is | 11 | | amended by changing Section 2 as follows:
| 12 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 13 | | Sec. 2.
As used in this Act : ,
| 14 | | (a) "Student" means any person enrolled or previously | 15 | | enrolled in a school.
| 16 | | (b) "School" means any public preschool, day care center,
| 17 | | kindergarten, nursery, elementary or secondary educational | 18 | | institution,
vocational school, special educational facility | 19 | | or any other elementary or
secondary educational agency or | 20 | | institution and any person, agency or
institution which | 21 | | maintains school student records from more than one school,
but | 22 | | does not include a private or non-public school. "School" also | 23 | | includes a school established by the Department of Juvenile | 24 | | Justice School District under Article 13 of the School Code.
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| 1 | | (c) "State Board" means the State Board of Education.
| 2 | | (d) "School Student Record" means any writing or
other | 3 | | recorded information concerning a student
and by which a | 4 | | student may be individually identified,
maintained by a school | 5 | | or at its direction or by an employee of a
school, regardless | 6 | | of how or where the information is stored.
The following shall | 7 | | not be deemed school student records under
this Act: writings | 8 | | or other recorded information maintained by an
employee of a | 9 | | school or other person at the direction of a school for his or
| 10 | | her exclusive use; provided that all such writings and other | 11 | | recorded
information are destroyed not later than the student's | 12 | | graduation or permanent
withdrawal from the school; and | 13 | | provided further that no such records or
recorded information | 14 | | may be released or disclosed to any person except a person
| 15 | | designated by the school as
a substitute unless they are first | 16 | | incorporated
in a school student record and made subject to all | 17 | | of the
provisions of this Act.
School student records shall not | 18 | | include information maintained by
law enforcement | 19 | | professionals working in the school.
| 20 | | (e) "Student Permanent Record" means the minimum personal
| 21 | | information necessary to a school in the education of the | 22 | | student
and contained in a school student record. Such | 23 | | information
may include the student's name, birth date, | 24 | | address, grades
and grade level, parents' names and addresses, | 25 | | attendance
records, and such other entries as the State Board | 26 | | may
require or authorize.
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| 1 | | (f) "Student Temporary Record" means all information | 2 | | contained in
a school student record but not contained in
the | 3 | | student permanent record. Such information may include
family | 4 | | background information, intelligence test scores, aptitude
| 5 | | test scores, psychological and personality test results, | 6 | | teacher
evaluations, and other information of clear relevance | 7 | | to the
education of the student, all subject to regulations of | 8 | | the State Board.
The information shall include information | 9 | | provided under Section 8.6 of the
Abused and Neglected Child | 10 | | Reporting Act.
In addition, the student temporary record shall | 11 | | include information regarding
serious disciplinary infractions | 12 | | that resulted in expulsion, suspension, or the
imposition of | 13 | | punishment or sanction. For purposes of this provision, serious
| 14 | | disciplinary infractions means: infractions involving drugs, | 15 | | weapons, or bodily
harm to another.
| 16 | | (g) "Parent" means a person who is the natural parent of | 17 | | the
student or other person who has the primary responsibility | 18 | | for the
care and upbringing of the student. All rights and | 19 | | privileges accorded
to a parent under this Act shall become | 20 | | exclusively those of the student
upon his 18th birthday, | 21 | | graduation from secondary school, marriage
or entry into | 22 | | military service, whichever occurs first. Such
rights and | 23 | | privileges may also be exercised by the student
at any time | 24 | | with respect to the student's permanent school record.
| 25 | | (Source: P.A. 92-295, eff. 1-1-02.)
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| 1 | | Section 15. The Interscholastic Athletic Organization Act | 2 | | is amended by adding Section 0.05 as follows: | 3 | | (105 ILCS 25/0.05 new) | 4 | | Sec. 0.05. Definition of terms. For the purposes of this | 5 | | Act, "school" or "school district" does not include the | 6 | | Department of Juvenile Justice School District under Article 13 | 7 | | of the School Code or its schools. | 8 | | Section 20. The Education for Homeless Children Act is | 9 | | amended by changing Section 1-5 as follows:
| 10 | | (105 ILCS 45/1-5)
| 11 | | Sec. 1-5. Definitions. As used in this Act:
| 12 | | "School" does not include any school within the Department | 13 | | of Juvenile Justice School District under Article 13 of the | 14 | | School Code. | 15 | | "School of origin" means the school that the child attended | 16 | | when permanently
housed or the school in which the child was | 17 | | last enrolled.
| 18 | | "Parent" means the parent or guardian having legal or | 19 | | physical
custody of a child.
| 20 | | "Homeless person, child, or youth" includes, but is not | 21 | | limited to, any
of the following:
| 22 | | (1) An individual who lacks a fixed, regular, and | 23 | | adequate nighttime place
of abode.
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| 1 | | (2) An individual who has a primary nighttime place of | 2 | | abode that is:
| 3 | | (A) a supervised publicly or privately operated | 4 | | shelter designed to
provide temporary living | 5 | | accommodations (including welfare hotels, congregate
| 6 | | shelters, and transitional housing);
| 7 | | (B) an institution that provides a temporary | 8 | | residence for individuals
intended to be | 9 | | institutionalized; or
| 10 | | (C) a public or private place not designed for or | 11 | | ordinarily used as a
regular sleeping accommodation | 12 | | for human beings.
| 13 | | (Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95 .)
| 14 | | Section 25. The Right to Privacy in the School Setting Act | 15 | | is amended by changing Section 5 as follows: | 16 | | (105 ILCS 75/5)
| 17 | | Sec. 5. Definitions. In this Act: | 18 | | "Elementary or secondary school" means a public
elementary | 19 | | or secondary school or school district or a
nonpublic school | 20 | | recognized by the State Board of Education. "Elementary or | 21 | | secondary school" does not include any school within the | 22 | | Department of Juvenile Justice School District under Article 13 | 23 | | of the School Code. | 24 | | "Post-secondary school" means an institution of higher |
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| 1 | | learning as defined in the Higher Education Student Assistance | 2 | | Act. "Post-secondary school" does not include any school within | 3 | | the Department of Juvenile Justice School District under | 4 | | Article 13 of the School Code. | 5 | | "Social networking website" means an Internet-based | 6 | | service that allows individuals to do the following: | 7 | | (1) construct a public or semi-public profile within a
| 8 | | bounded system created by the service; | 9 | | (2) create a list of other users with whom they share a
| 10 | | connection within the system; and | 11 | | (3) view and navigate their list of connections and
| 12 | | those made by others within the system. | 13 | | "Social networking website" does not include electronic
mail.
| 14 | | (Source: P.A. 98-129, eff. 1-1-14.) | 15 | | Section 30. The Critical Health Problems and Comprehensive | 16 | | Health
Education Act is amended by changing Section 2 as | 17 | | follows:
| 18 | | (105 ILCS 110/2) (from Ch. 122, par. 862)
| 19 | | Sec. 2. Definitions. | 20 | | (a) The following term has the following meaning, except as | 21 | | the context otherwise requires:
| 22 | | "Comprehensive Health Education Program": a systematic and | 23 | | extensive
educational program designed to provide a variety of | 24 | | learning experiences
based upon scientific knowledge of the |
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| 1 | | human organism as it functions
within its environment which | 2 | | will favorably influence the knowledge,
attitudes, values and | 3 | | practices of Illinois school youth; and which will
aid them in | 4 | | making wise personal decisions in matters of health.
| 5 | | (b) For the purposes of this Act, "school district", | 6 | | "school board", or "school" does not include the Department of | 7 | | Juvenile Justice School District under Article 13 of the School | 8 | | Code or its school board or schools. | 9 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 10 | | Section 35. The Eye Protection in School Act is amended by | 11 | | changing Section 1 as follows:
| 12 | | (105 ILCS 115/1) (from Ch. 122, par. 698.11)
| 13 | | Sec. 1.
Every student, teacher and visitor is required to | 14 | | wear an
industrial quality eye protective device when | 15 | | participating in or
observing any of the following courses in | 16 | | schools, colleges and
universities:
| 17 | | (a) vocational or industrial arts shops or | 18 | | laboratories involving
experience with the following: hot | 19 | | molten metals; milling, sawing,
turning, shaping, cutting, | 20 | | grinding or stamping of any solid materials;
heat | 21 | | treatment, tempering or kiln firing of any metal or other
| 22 | | materials; gas or electric arc welding; repair or servicing | 23 | | of any
vehicle; caustic or explosive materials;
| 24 | | (b) chemical or combined chemical-physical |
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| 1 | | laboratories involving
caustic or explosive chemicals or | 2 | | hot liquids or solids.
| 3 | | Such devices may be furnished for all students and | 4 | | teachers, and
shall be furnished for all visitors to such | 5 | | classrooms and laboratories.
| 6 | | The State Board of Education
shall establish nationally | 7 | | accepted standards
for such devices.
| 8 | | For the purposes of this Section, "schools" does not | 9 | | include schools within the Department of Juvenile Justice | 10 | | School District under Article 13 of the School Code. | 11 | | (Source: P.A. 88-9.)
| 12 | | Section 40. The School Breakfast and Lunch Program Act is | 13 | | amended by changing Section 1 as follows:
| 14 | | (105 ILCS 125/1) (from Ch. 122, par. 712.1)
| 15 | | Sec. 1. Definitions. For the purposes of this Act:
| 16 | | "School board" means school principal, directors, board of | 17 | | education
and board of school inspectors of public and private | 18 | | schools. "School board" also includes the Board of Education of | 19 | | the Department of Juvenile Justice School District established | 20 | | under Article 13 of the School Code.
| 21 | | "Welfare center" means an institution not otherwise | 22 | | receiving funds
from any governmental agency, serving | 23 | | breakfasts or lunches to children of
school age
or under, in | 24 | | conformance with the authorized free breakfast program, school
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| 1 | | breakfast program, free lunch program, or school lunch program.
| 2 | | "Free breakfast program" means those programs through | 3 | | which school
boards may supply needy children in their | 4 | | respective districts with free
school breakfasts.
| 5 | | "Free lunch program" means those programs through which | 6 | | school boards
supply all of the needy children in their | 7 | | respective districts with free
school lunches.
| 8 | | "School breakfast program" means a school breakfast | 9 | | program that
meets the requirements for school breakfast | 10 | | programs under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 | 11 | | et seq.).
| 12 | | "School lunch program" means
a school lunch program that | 13 | | meets the requirements for school lunch
programs under the | 14 | | National School Lunch Act (42 U.S.C. 1751 et seq.).
| 15 | | "Comptroller" means Comptroller of the State of Illinois.
| 16 | | (Source: P.A. 91-843, eff. 6-22-00.)
| 17 | | Section 45. The Childhood Hunger
Relief Act is amended by | 18 | | changing Section 10 as follows: | 19 | | (105 ILCS 126/10)
| 20 | | Sec. 10. Definitions. In this Act:
| 21 | | "Hunger" means a symptom of poverty caused by a lack of | 22 | | resources that
prevents the purchasing of a nutritionally | 23 | | adequate diet resulting in a
chronic condition of being | 24 | | undernourished.
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| 1 | | "Food insecurity" means a limited or uncertain | 2 | | availability of
nutritionally adequate foods.
| 3 | | "Food security" means
ensured access to enough food for an | 4 | | active, healthy life.
| 5 | | "School" or "school district" does not include the | 6 | | Department of Juvenile Justice School District under Article 13 | 7 | | of the School Code or its schools. | 8 | | "School Breakfast Program" means the federal child | 9 | | nutrition entitlement
program that helps serve nourishing | 10 | | low-cost breakfast meals to school
children. In addition to | 11 | | cash assistance, participating schools get
foods donated by and | 12 | | technical guidance from the United States Department of | 13 | | Agriculture. Payments to schools are higher
for meals served to | 14 | | children who qualify, on the basis of family size and
income, | 15 | | for free or reduced-price meals. The program is administered in
| 16 | | Illinois by the State Board of Education.
| 17 | | "Summer Food Service Program" means the federal child | 18 | | nutrition
entitlement program that helps communities serve | 19 | | meals to needy children
when school is not in session. The | 20 | | United States Department of Agriculture reimburses sponsors | 21 | | for operating
costs of food services up to a specific maximum | 22 | | rate for each meal served.
In addition, sponsors receive some | 23 | | reimbursement for planning and
supervising expenses. The | 24 | | program in Illinois is administered by the State
Board of | 25 | | Education.
| 26 | | (Source: P.A. 93-1086, eff. 2-15-05.) |
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| 1 | | Section 50. The School Safety Drill Act is amended by | 2 | | changing Section 5 as follows: | 3 | | (105 ILCS 128/5)
| 4 | | Sec. 5. Definitions. In this Act: | 5 | | "First responder" means and includes all fire departments | 6 | | and districts, law enforcement agencies and officials, | 7 | | emergency medical responders, and emergency management | 8 | | officials involved in the execution and documentation of the | 9 | | drills administered under this Act. | 10 | | "School" means a public or private facility that offers | 11 | | elementary or secondary education to students under the age of | 12 | | 21. As used in this definition, "public facility" means a | 13 | | facility operated by the State or by a unit of local | 14 | | government. As used in this definition, "private facility" | 15 | | means any non-profit, non-home-based, non-public elementary or | 16 | | secondary school that is in compliance with Title VI of the | 17 | | Civil Rights Act of 1964 and attendance at which satisfies the | 18 | | requirements of Section 26-1 of the School Code. While more | 19 | | than one school may be housed in a facility, for purposes of | 20 | | this Act, the facility shall be considered a school. When a | 21 | | school has more than one location, for purposes of this Act, | 22 | | each different location shall be considered its own school. | 23 | | "School" does not include any school within the Department of | 24 | | Juvenile Justice School District under Article 13 of the School |
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| 1 | | Code. | 2 | | "School safety drill" means a pre-planned exercise | 3 | | conducted by a school in accordance with the drills and | 4 | | requirements set forth in this Act.
| 5 | | (Source: P.A. 94-600, eff. 8-16-05.) | 6 | | Section 55. The Toxic Art Supplies in Schools Act is | 7 | | amended by changing Section 3 as follows:
| 8 | | (105 ILCS 135/3) (from Ch. 122, par. 1603)
| 9 | | Sec. 3. For the purpose of this Act, unless the context | 10 | | requires otherwise:
| 11 | | (a) "Art or craft material" means any raw or processed | 12 | | material or
manufactured product marketed or being represented | 13 | | by the manufacturer or
repackager as being suitable for use in | 14 | | the demonstration or the creation
of any work of visual or | 15 | | graphic art in any medium. Such media may
include, but need not | 16 | | be limited to, paintings, drawings, prints,
sculpture, | 17 | | ceramics, enamels, jewelry, stained glass, plastic sculpture,
| 18 | | photographs, and leather and textile goods.
| 19 | | (b) "Human carcinogen" means any substance listed as a | 20 | | human carcinogen by
the International Agency for Research on | 21 | | Cancer or by the National
Toxicology Program of the U.S. | 22 | | Department of Health and Human Services.
| 23 | | (c) "Potential human carcinogen" means one of the | 24 | | following:
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| 1 | | (1) any substance which does not meet the definition of | 2 | | human
carcinogen, but for which there exists sufficient | 3 | | evidence of
carcinogenicity in animals, as determined by | 4 | | the International Agency for
Research on Cancer or the | 5 | | National Toxicology Program of the U.S.
Department of | 6 | | Health and Human Services; or
| 7 | | (2) any chemical shown to be changed by the human body | 8 | | into a human carcinogen.
| 9 | | (d) "Toxic substance" means any of the following:
| 10 | | (1) human carcinogens;
| 11 | | (2) potential human carcinogens;
| 12 | | (3) any substance having a potential for causing a | 13 | | chronic adverse health
effect as determined pursuant to | 14 | | ASTM Standard D 4236 of the American
Society for Testing | 15 | | and Materials or latest revision.
| 16 | | For the purposes of this Act, an art or craft material | 17 | | shall be presumed
to contain an ingredient which is a toxic | 18 | | substance if the ingredient,
whether an intentional ingredient | 19 | | or an impurity, constitutes 1% or more by
weight of the | 20 | | product.
| 21 | | (e) "Department" means the Illinois Department of Public | 22 | | Health.
| 23 | | (f) "School" or "school district" does not include the | 24 | | Department of Juvenile Justice School District under Article 13 | 25 | | of the School Code or its schools. | 26 | | (Source: P.A. 84-725.)
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| 1 | | Section 60. The Care of Students with Diabetes Act is | 2 | | amended by changing Section 10 as follows: | 3 | | (105 ILCS 145/10)
| 4 | | Sec. 10. Definitions. As used in this Act:
| 5 | | "Delegated care aide" means a school employee who has | 6 | | agreed to receive training in diabetes care and to assist | 7 | | students in implementing their diabetes care plan and has | 8 | | entered into an agreement with a parent or guardian and the | 9 | | school district or private school.
| 10 | | "Diabetes care plan" means a document that specifies the | 11 | | diabetes-related services needed by a student at school and at | 12 | | school-sponsored activities and identifies the appropriate | 13 | | staff to provide and supervise these services.
| 14 | | "Health care provider" means a physician licensed to | 15 | | practice medicine in all of its branches, advanced practice | 16 | | nurse who has a written agreement with a collaborating | 17 | | physician who authorizes the provision of diabetes care, or a | 18 | | physician assistant who has a written supervision agreement | 19 | | with a supervising physician who authorizes the provision of | 20 | | diabetes care. | 21 | | "Principal" means the principal of the school.
| 22 | | "School" means any primary or secondary public, charter, or | 23 | | private school located in this State.
"School" does not include | 24 | | any school within the Department of Juvenile Justice School |
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| 1 | | District under Article 13 of the School Code. | 2 | | "School employee" means a person who is employed by a | 3 | | public school district or private school, a person who is | 4 | | employed by a local health department and assigned to a school, | 5 | | or a person who contracts with a school or school district to | 6 | | perform services in connection with a student's diabetes care | 7 | | plan.
This definition must not be interpreted as requiring a | 8 | | school district or private school to hire additional personnel | 9 | | for the sole purpose of serving as a designated care aide.
| 10 | | (Source: P.A. 96-1485, eff. 12-1-10.) | 11 | | Section 65. The Physical Fitness
Facility
Medical | 12 | | Emergency Preparedness Act is amended by changing Section 5.25 | 13 | | as follows: | 14 | | (210 ILCS 74/5.25)
| 15 | | Sec. 5.25. Physical fitness facility.
| 16 | | (a) "Physical fitness facility" means the following:
| 17 | | (1) Any of the following indoor facilities that is (i) | 18 | | owned or operated
by a park district,
municipality, or | 19 | | other unit of local government, including a home rule unit, | 20 | | or
by a public or private
elementary or
secondary school, | 21 | | college, university, or technical or trade
school
and (ii) | 22 | | supervised by one or more persons, other than maintenance | 23 | | or security
personnel, employed by the unit of local
| 24 | | government, school, college, or university for the purpose |
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| 1 | | of directly
supervising the
physical fitness activities | 2 | | taking place at any of these indoor facilities:
a swimming | 3 | | pool; stadium; athletic field; football stadium; soccer | 4 | | field; baseball diamond;
track and field
facility;
tennis | 5 | | court; basketball court; or volleyball court; or similar | 6 | | facility as defined by Department rule.
| 7 | | (1.5) Any of the following outdoor facilities that is | 8 | | (i) owned by a municipality, township, or other unit of | 9 | | local government, including a home rule unit, or by a | 10 | | public or private elementary or secondary school, college, | 11 | | university, or technical or trade school and (ii) | 12 | | supervised by one or more persons, other than maintenance | 13 | | or security personnel, employed by the unit of local | 14 | | government, school, college, or university for the purpose | 15 | | of directly supervising the physical fitness activities | 16 | | taking place at any of these facilities: a swimming pool; | 17 | | athletic field; football stadium; soccer field; baseball | 18 | | diamond; track and field facility; tennis court; | 19 | | basketball court; or volleyball court; or similar facility | 20 | | as defined by Department rule. | 21 | | The term does not include any facility during any | 22 | | activity or program organized by a private or | 23 | | not-for-profit organization and organized and supervised | 24 | | by a person or persons other than the employees of the unit | 25 | | of local government, school, college, or university. | 26 | | As used in this subdivision (1.5), "school" does not |
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| 1 | | include any school within the Department of Juvenile | 2 | | Justice School District under Article 13 of the School | 3 | | Code.
| 4 | | (2) Except as provided in subsection (b), any other | 5 | | indoor or outdoor establishment,
whether
public or | 6 | | private, that
provides services or facilities focusing on | 7 | | cardiovascular
exertion or gaming as defined by Department | 8 | | rule.
| 9 | | (b) "Physical fitness facility" does not include a facility | 10 | | serving less
than a total of 100 individuals. For purposes of | 11 | | this Act, "individuals" includes only those persons actively | 12 | | engaged in physical exercise that uses large muscle groups and | 13 | | that substantially increases the heart rate. In
addition, the | 14 | | term does not include (i) a
facility located in a
hospital or | 15 | | in
a hotel or motel, (ii) any outdoor facility owned or | 16 | | operated by a park district organized under the Park District | 17 | | Code, the Chicago Park District Act, or the Metro-East Park and | 18 | | Recreation District Act, or (iii) any facility owned or | 19 | | operated by a forest preserve district organized under the | 20 | | Downstate Forest Preserve District Act or the Cook County | 21 | | Forest Preserve District Act or a conservation district | 22 | | organized under the Conservation District Act. The term also | 23 | | does not include any
facility that does not
employ any
persons | 24 | | to provide instruction, training, or assistance for persons | 25 | | using the
facility.
| 26 | | (Source: P.A. 95-712, eff. 1-1-09; 96-873, eff. 1-21-10.) |
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| 1 | | Section 70. The Structural Pest Control Act is amended by | 2 | | changing Section 3.26 as follows:
| 3 | | (225 ILCS 235/3.26)
| 4 | | (Section scheduled to be repealed on December 31, 2019)
| 5 | | Sec. 3.26. "School" means any structure used as a public | 6 | | school in this
State. "School" does not include any school | 7 | | within the Department of Juvenile Justice School District under | 8 | | Article 13 of the School Code.
| 9 | | (Source: P.A. 91-525, eff. 8-1-00; reenacted by P.A. 95-786, | 10 | | eff. 8-7-08 .)
| 11 | | Section 75. The Missing Children Records Act is amended by | 12 | | changing Section 1 as follows:
| 13 | | (325 ILCS 50/1) (from Ch. 23, par. 2281)
| 14 | | Sec. 1. Definitions. As used in this Act, unless the | 15 | | context requires
otherwise:
| 16 | | (a) "Custodian" means the State Registrar of Vital Records, | 17 | | local
registrars of vital records appointed by the State | 18 | | Registrar and county clerks.
| 19 | | (b) "Department" means the Illinois Department of State | 20 | | Police.
| 21 | | (c) "Missing person" means a person 17 years old or younger | 22 | | reported to
any law enforcement authority as abducted, lost or |
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| 1 | | a runaway.
| 2 | | (d) "Registrar" means the State Registrar of Vital Records.
| 3 | | (e) "School" does not include any school within the | 4 | | Department of Juvenile Justice School District under Article 13 | 5 | | of the School Code. | 6 | | (Source: P.A. 84-1430.)
| 7 | | Section 80. The Lawn Care Products Application and Notice | 8 | | Act is amended by changing Section 2 as follows:
| 9 | | (415 ILCS 65/2) (from Ch. 5, par. 852)
| 10 | | Sec. 2. Definitions. For purposes of this Act:
| 11 | | "Application" means the spreading of lawn care products
on | 12 | | a lawn.
| 13 | | "Applicator for hire" means any person who makes an | 14 | | application of lawn
care products to a lawn or lawns for | 15 | | compensation, including applications made
by an employee to | 16 | | lawns owned, occupied or managed by his employer and
includes | 17 | | those licensed by the Department as licensed commercial
| 18 | | applicators, commercial not-for-hire applicators, licensed | 19 | | public
applicators, certified applicators and licensed | 20 | | operators and those
otherwise subject to the licensure | 21 | | provisions of the Illinois Pesticide
Act, as now or hereafter | 22 | | amended.
| 23 | | "Buffer" means an area adjacent to a body of water that is | 24 | | left untreated with any fertilizer. |
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| 1 | | "Day care center" means any facility that qualifies as a | 2 | | "day care center" under the Child Care Act of 1969. | 3 | | "Department" means the Illinois Department of Agriculture.
| 4 | | "Department of Public Health" means the Illinois | 5 | | Department of Public Health. | 6 | | "Facility" means a building or structure and appurtenances | 7 | | thereto used
by an applicator for hire for storage and handling | 8 | | of pesticides or the
storage or maintenance of pesticide | 9 | | application equipment or vehicles.
| 10 | | "Fertilizer" means any substance containing nitrogen, | 11 | | phosphorus or
potassium or other recognized plant nutrient or | 12 | | compound, which is used for
its plant nutrient content.
| 13 | | "Golf course" means an area designated for the play or | 14 | | practice of the
game of golf, including surrounding grounds, | 15 | | trees, ornamental beds and the like.
| 16 | | "Golf course superintendent" means any person entrusted | 17 | | with and employed
for the care and maintenance of a golf | 18 | | course.
| 19 | | "Impervious surface" means any structure, surface, or | 20 | | improvement that reduces or prevents absorption of stormwater | 21 | | into land, and includes pavement, porous paving, paver blocks, | 22 | | gravel, crushed stone, decks, patios, elevated structures, and | 23 | | other similar structures, surfaces, or improvements. | 24 | | "Lawn" means land area covered with turf kept closely mown | 25 | | or land area
covered with turf and trees or shrubs. The term | 26 | | does not include (1) land
area used for research for |
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| 1 | | agricultural production or for the commercial
production of | 2 | | turf, (2) land area situated within a public or private
| 3 | | right-of-way, or (3) land area which is devoted to the | 4 | | production of any
agricultural commodity, including, but not | 5 | | limited to plants and plant
parts, livestock and poultry and | 6 | | livestock or poultry products,
seeds, sod, shrubs and other | 7 | | products of agricultural origin raised for
sale or for human or | 8 | | livestock consumption.
| 9 | | "Lawn care products" means fertilizers or pesticides | 10 | | applied or
intended for application to lawns.
| 11 | | "Lawn repair products" means seeds, including seeding | 12 | | soils, that contain or are coated with or encased in fertilizer | 13 | | material. | 14 | | "Person" means any individual, partnership, association, | 15 | | corporation or
State governmental agency, school district, | 16 | | unit of local government and
any agency thereof. For the | 17 | | purposes of this definition, "school district" does not include | 18 | | the Department of Juvenile Justice School District under | 19 | | Article 13 of the School Code.
| 20 | | "Pesticide" means any substance or mixture of substances | 21 | | defined as a
pesticide under the Illinois Pesticide Act, as now | 22 | | or hereafter amended.
| 23 | | "Plant protectants" means any substance or material used to | 24 | | protect
plants from infestation of insects, fungi, weeds and | 25 | | rodents, or any other
substance that would benefit the overall | 26 | | health of plants.
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| 1 | | "Soil test" means a chemical and mechanical analysis of | 2 | | soil nutrient values and pH level as it relates to the soil and | 3 | | development of a lawn. | 4 | | "Spreader" means any commercially available fertilizing | 5 | | device used to evenly distribute fertilizer material. | 6 | | "Turf" means the upper stratum of soils bound by grass and | 7 | | plant roots into a thick mat.
| 8 | | "0% phosphate fertilizer" means a fertilizer that contains | 9 | | no more than 0.67% available phosphoric acid (P 2 O 5 ). | 10 | | (Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
| 11 | | Section 85. The Movable Soccer Goal Safety Act is amended | 12 | | by changing Section 5 as follows: | 13 | | (430 ILCS 145/5)
| 14 | | Sec. 5. Definitions. As used in this Act: | 15 | | "Movable soccer goal" means a freestanding structure | 16 | | consisting of at least 2 upright posts, a crossbar, and support | 17 | | bars that is designed: | 18 | | (1) to be used by adults or children for the purposes | 19 | | of a soccer goal; | 20 | | (2) to be used without any other form of support or | 21 | | restraint (other than pegs, stakes, augers, | 22 | | counter-weights, or other types of temporary anchoring | 23 | | devices); and | 24 | | (3) to be able to be moved to different locations. |
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| 1 | | "Organization" means any park district, school district, | 2 | | sporting club, soccer organization, unit of local government, | 3 | | religious organization, business, or other similar | 4 | | organization that uses, owns, or maintains a movable soccer | 5 | | goal. For the purposes of this definition, "school district" | 6 | | does not include the Department of Juvenile Justice School | 7 | | District under Article 13 of the School Code.
| 8 | | (Source: P.A. 97-234, eff. 8-2-11.) | 9 | | Section 90. The Illinois Vehicle Code is amended by | 10 | | changing Section 11-1414.1 and by adding Section 12-800.5 as | 11 | | follows:
| 12 | | (625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1)
| 13 | | Sec. 11-1414.1. School transportation of students.
| 14 | | (a) Every student enrolled in grade 12 or below in any | 15 | | entity listed in subsection (a) of Section 1-182 of this Code | 16 | | must be transported in a school bus or a vehicle described in | 17 | | subdivision (1) or (2) of subsection (b) of Section 1-182 of | 18 | | this Code for any curriculum-related school activity, except a | 19 | | student in any of grades 9 through 12 may be transported in a | 20 | | multi-function school activity bus (MFSAB) as defined in | 21 | | Section 1-148.3a-5 of this Code for any curriculum-related | 22 | | activity except for transportation on regular bus routes from | 23 | | home to school or from school to home, subject to the following | 24 | | conditions: |
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| 1 | | (i) A MFSAB may not be used to transport students under | 2 | | this Section unless the driver holds a valid school bus | 3 | | driver permit. | 4 | | (ii) The use of a MFSAB under this Section is subject | 5 | | to the requirements of Sections 6-106.11, 6-106.12, | 6 | | 12-707.01, 13-101, and 13-109 of this Code. | 7 | | "Curriculum-related school activity" as used in this | 8 | | subsection (a) includes transportation from home to school or | 9 | | from school to home, tripper or shuttle service between school | 10 | | attendance centers, transportation to a vocational or career | 11 | | center or other trade-skill development site or a regional safe | 12 | | school or other school-sponsored alternative learning program, | 13 | | or a trip that is directly related to the regular curriculum of | 14 | | a student for which he or she earns credit.
| 15 | | (b) Every student enrolled in grade 12 or below in any | 16 | | entity listed in subsection (a) of Section 1-182 of this Code | 17 | | who is transported in a vehicle that is being operated by or | 18 | | for a public or private primary or secondary school, including | 19 | | any primary or secondary school operated by a religious | 20 | | institution, for an interscholastic, interscholastic-athletic, | 21 | | or school-sponsored, noncurriculum-related activity that (i) | 22 | | does not require student participation as part of the | 23 | | educational services of the entity and (ii) is not associated | 24 | | with the students' regular class-for-credit schedule shall | 25 | | transport students only in a school bus or vehicle described in | 26 | | subsection (b) of Section 1-182 of this Code. This subsection |
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| 1 | | (b) does not apply to any second division vehicle used by an | 2 | | entity listed in subsection (a) of Section 1-182 of this Code | 3 | | for a parade, homecoming, or a similar noncurriculum-related | 4 | | school activity.
| 5 | | (c) This Section does not apply with respect to the | 6 | | Department of Juvenile Justice School District under Article 13 | 7 | | of the School Code or its schools. | 8 | | (Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
| 9 | | (625 ILCS 5/12-800.5 new) | 10 | | Sec. 12-800.5. Application of Article. This Article does | 11 | | not apply with respect to the Department of Juvenile Justice | 12 | | School District under Article 13 of the School Code or its | 13 | | schools. ".
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