HB3010 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3010

 

Introduced 2/19/2021, by Rep. Tim Ozinga

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-90 new
105 ILCS 25/1.25 new

    Amends the School Code. Provides that neither the Governor nor the Department of Public Health has any authority to suspend public and nonpublic school participation in extracurricular activities and programs for any duration even if the Governor has declared a disaster due to a public health emergency. Provides that for the mental and physical health of students, school districts and nonpublic schools have the exclusive power and authority to allow students to continue to participate in extracurricular activities and programs even if the Governor has declared a disaster due to a public health emergency. Amends the Interscholastic Athletic Organization Act. Provides that neither the Governor nor the Department of Public Health has any authority to suspend public and nonpublic school participation in interscholastic athletics or athletic competition for any duration even if the Governor has declared a disaster due to a public health emergency. Provides that an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State has the exclusive power and authority to set interscholastic athletic schedules even if the Governor has declared a disaster due to a public health emergency. Makes related changes. Effective immediately.


LRB102 12501 CMG 17838 b

 

 

A BILL FOR

 

HB3010LRB102 12501 CMG 17838 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-90 as follows:
 
6    (105 ILCS 5/22-90 new)
7    Sec. 22-90. Extracurricular activities during public
8health emergency. Notwithstanding any other law to the
9contrary, neither the Governor nor the Department of Public
10Health has any authority to suspend public and nonpublic
11school participation in extracurricular activities and
12programs for any duration. The provisions of this Section
13apply even if the Governor has declared a disaster due to a
14public health emergency pursuant to Section 7 of the Illinois
15Emergency Management Agency Act. For the mental and physical
16health of students, school districts and nonpublic schools
17have the exclusive power and authority to allow students to
18continue to participate in extracurricular activities and
19programs even if the Governor has declared a disaster due to a
20public health emergency pursuant to Section 7 of the Illinois
21Emergency Management Agency Act. A school district or
22nonpublic school may consult with the local health department
23to determine if it is deemed safe to allow students to continue

 

 

HB3010- 2 -LRB102 12501 CMG 17838 b

1to participate in extracurricular activities and programs
2during a public health emergency.
 
3    Section 10. The Interscholastic Athletic Organization Act
4is amended by adding Section 1.25 as follows:
 
5    (105 ILCS 25/1.25 new)
6    Sec. 1.25. Participation during public health emergency.
7Notwithstanding any other law to the contrary, neither the
8Governor nor the Department of Public Health has any authority
9to suspend public and nonpublic school participation in
10interscholastic athletics or athletic competition for any
11duration. The provisions of this Section apply even if the
12Governor has declared a disaster due to a public health
13emergency pursuant to Section 7 of the Illinois Emergency
14Management Agency Act. An association or other entity that has
15as one of its purposes promoting, sponsoring, regulating, or
16in any manner providing for interscholastic athletics or any
17form of athletic competition among schools and students within
18this State has the exclusive power and authority to set
19interscholastic athletic schedules even if the Governor has
20declared a disaster due to a public health emergency pursuant
21to Section 7 of the Illinois Emergency Management Agency Act.
22For the mental and physical health of student athletes, an
23association or other entity that has as one of its purposes
24promoting, sponsoring, regulating, or in any manner providing

 

 

HB3010- 3 -LRB102 12501 CMG 17838 b

1for interscholastic athletics or any form of athletic
2competition among schools and students within this State shall
3allow interscholastic athletics and competition to continue
4during a public health emergency so long as the association or
5other entity consults with independent health experts in
6setting interscholastic athletic schedules and in determining
7if they should be allowed during a public health emergency.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.