SB 3119 — DEPT JUV JUSTICE-PERSONNEL

After scoring qualified applications, the Director shall add Veteran's Preference points as enumerated in Section 8b.7 of this Code.

The following are the minimum qualifications for the senior public service administrator positions provided for in this paragraph (8):

(A) HEALTHCARE ADMINISTRATION.

Medical Director:

Licensed Medical Doctor in good standing;

experience in healthcare payment systems, pay for performance initiatives, medical necessity criteria or federal or State quality SB3119 - 5 - LRB099 19663 RLC 44060 b improvement programs;

preferred experience serving Medicaid patients or experience in population health programs with a large provider, health insurer, government agency, or research institution.

Chief, Bureau of Quality Management:

Advanced degree in health policy or health professional field preferred;

at least 3 years experience in implementing or managing healthcare quality improvement initiatives in a clinical setting.

Quality Management Bureau:

Manager, Care Coordination/Managed Care Quality:

Clinical degree or advanced degree in relevant field required;

experience in the field of managed care quality improvement, with knowledge of HEDIS measurements, coding, and related data definitions.

Quality Management Bureau:

Manager, Primary Care Provider Quality and Practice Development:

Clinical degree or advanced degree in relevant field required;

experience in practice administration in the primary care setting with a provider or a provider association or an accrediting body;

knowledge of practice standards for medical homes and best evidence based standards of care for primary care.

Director of Care Coordination Contracts and SB3119 - 6 - LRB099 19663 RLC 44060 b Compliance:

Bachelor's degree required;

multi-year experience in negotiating managed care contracts, preferably on behalf of a payer;

experience with health care contract compliance.

Manager, Long Term Care Policy:

Bachelor's degree required;

social work, gerontology, or social service degree preferred;

knowledge of Olmstead and other relevant court decisions required;

experience working with diverse long term care populations and service systems, federal initiatives to create long term care community options, and home and community-based waiver services required.

The General Assembly finds that this position is necessary for the timely and effective implementation of this amendatory Act of the 97th General Assembly.

Manager, Behavioral Health Programs:

Clinical license or Advanced degree required, preferably in psychology, social work, or relevant field;

knowledge of medical necessity criteria and governmental policies and regulations governing the provision of mental health services to Medicaid populations, including children and adults, in community and institutional settings of care.

The General Assembly finds that this position is necessary for the timely and effective SB3119 - 7 - LRB099 19663 RLC 44060 b implementation of this amendatory Act of the 97th General Assembly.

Manager, Office of Accountable Care Entity Development:

Bachelor's degree required, clinical degree or advanced degree in relevant field preferred;

experience in developing integrated delivery systems, including knowledge of health homes and evidence-based standards of care delivery;

multi-year experience in health care or public health management;

knowledge of federal ACO or other similar delivery system requirements and strategies for improving health care delivery.

Manager of Federal Regulatory Compliance:

Bachelor's degree required, advanced degree preferred, in healthcare management or relevant field;

experience in healthcare administration or Medicaid State Plan amendments preferred;

experience interpreting federal rules;

experience with either federal health care agency or with a State agency in working with federal regulations.

Manager, Office of Medical Project Management:

Bachelor's degree required, project management certification preferred;

multi-year experience in project management and developing business analyst skills;

leadership skills to manage multiple and complex projects.

SB3119 - 8 - LRB099 19663 RLC 44060 b Manager of Medicare/Medicaid Coordination:

Bachelor's degree required, knowledge and experience with Medicare Advantage rules and regulations, knowledge of Medicaid laws and policies;

experience with contract drafting preferred.

Chief, Bureau of Eligibility Integrity:

Bachelor's degree required, advanced degree in public administration or business administration preferred;

experience equivalent to 4 years of administration in a public or business organization required;

experience with managing contract compliance required;

knowledge of Medicaid eligibility laws and policy preferred;

supervisory experience preferred.

The General Assembly finds that this position is necessary for the timely and effective implementation of this amendatory Act of the 97th General Assembly.

(B) HEALTHCARE FINANCE.

Director of Care Coordination Rate and Finance:

MBA, CPA, or Actuarial degree required;

experience in managed care rate setting, including, but not limited to, baseline costs and growth trends;

knowledge and experience with Medical Loss Ratio standards and measurements.

Director of Encounter Data Program:

Bachelor's SB3119 - 9 - LRB099 19663 RLC 44060 b degree required, advanced degree preferred, preferably in health care, business, or information systems;

at least 2 years healthcare or other similar data reporting experience, including, but not limited to, data definitions, submission, and editing;

background in HIPAA transactions relevant to encounter data submission;

experience with large provider, health insurer, government agency, or research institution or other knowledge of healthcare claims systems.

Manager of Medical Finance, Division of Finance:

Requires relevant advanced degree or certification in relevant field, such as Certified Public Accountant;

coursework in business or public administration, accounting, finance, data analysis, or statistics preferred;

experience in control systems and GAAP;

financial management experience in a healthcare or government entity utilizing Medicaid funding.

(C) HEALTHCARE DATA ANALYTICS.

Data Quality Assurance Manager:

Bachelor's degree required, advanced degree preferred, preferably in business, information systems, or epidemiology;

at least 3 years of extensive healthcare data reporting experience with a large SB3119 - 10 - LRB099 19663 RLC 44060 b provider, health insurer, government agency, or research institution;

previous data quality assurance role or formal data quality assurance training.

Data Analytics Unit Manager:

Bachelor's degree required, advanced degree preferred, in information systems, applied mathematics, or another field with a strong analytics component;

extensive healthcare data reporting experience with a large provider, health insurer, government agency, or research institution;

experience as a business analyst interfacing between business and information technology departments;

in-depth knowledge of health insurance coding and evolving healthcare quality metrics;

working knowledge of SQL and/or SAS.

Data Analytics Platform Manager:

Bachelor's degree required, advanced degree preferred, preferably in business or information systems;

extensive healthcare data reporting experience with a large provider, health insurer, government agency, or research institution;

previous experience working on a health insurance data analytics platform;

experience managing contracts and vendors preferred.

(D) HEALTHCARE INFORMATION TECHNOLOGY.

SB3119 - 11 - LRB099 19663 RLC 44060 b Manager of MMIS Claims Unit:

Bachelor's degree required, with preferred coursework in business, public administration, information systems;

experience equivalent to 4 years of administration in a public or business organization;

working knowledge with design and implementation of technical solutions to medical claims payment systems;

extensive technical writing experience, including, but not limited to, the development of RFPs, APDs, feasibility studies, and related documents;

thorough knowledge of IT system design, commercial off the shelf software packages and hardware components.

Assistant Bureau Chief, Office of Information Systems:

Bachelor's degree required, with preferred coursework in business, public administration, information systems;

experience equivalent to 5 years of administration in a public or private business organization;

extensive technical writing experience, including, but not limited to, the development of RFPs, APDs, feasibility studies and related documents;

extensive healthcare technology experience with a large provider, health insurer, government agency, or research institution;

experience as a business analyst interfacing between business and SB3119 - 12 - LRB099 19663 RLC 44060 b information technology departments;

thorough knowledge of IT system design, commercial off the shelf software packages and hardware components.

Technical System Architect:

Bachelor's degree required, with preferred coursework in computer science or information technology;

prior experience equivalent to 5 years of computer science or IT administration in a public or business organization;

extensive healthcare technology experience with a large provider, health insurer, government agency, or research institution;

experience as a business analyst interfacing between business and information technology departments.

The provisions of this paragraph (8), other than this sentence, are inoperative after January 1, 2014.

(9) All positions within the Department of Juvenile Justice that are required by subsection (b) of Section 3-2.5-15 of the Unified Code of Corrections to have a bachelor's or advanced degree from an accredited college or university or, in the case of persons who provide vocational training, that are required to have adequate knowledge in the skill for which they are providing the vocational training are exempt from jurisdiction B.

The provisions of this paragraph (9), other than this sentence, are inoperative after January 1, 2021.

SB3119 - 13 - LRB099 19663 RLC 44060 b (Source:

98-104,98-689, eff.

7-22-13;1-1-15.) Section 10.

98-1146,The eff.Illinois School Student Records Act is amended by changing Section 2 as follows:

12-30-14;(105 ILCS 10/2) (from Ch.

99-45,122, eff.par.

7-15-15.)50-2) SectionSec. 10.

The2. Illinois Pension Code is amended by changing Section 14-110 as follows:

(40As ILCSused 5/14-110)in (fromthis Ch.Act:, (a) "Student" means any person enrolled or previously enrolled in a school.

108(b) 1/2,"School" par.means any public preschool, day care center, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility or any other elementary or secondary educational agency or institution and any person, agency or institution which maintains school student records from more than one school, but does not include a private or non-public school.

14-110)"School" (Textalso ofincludes Sectiona WITHOUTschool established by the changesDepartment madeof byJuvenile P.A.Justice School District under Article 13 of the School Code.

98-599,(c) which"State hasBoard" beenmeans heldthe unconstitutional)State Sec.Board of Education.

14-110.(d) "School Student Record" means any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored.

AlternativeThe retirementfollowing annuity.shall not be deemed school student records under this Act:

(a)writings AnySB3119 memberEngrossed who- has3 withdrawn- fromLRB099 service19663 withRLC not44060 lessb thanor 20other yearsrecorded ofinformation eligiblemaintained creditableby servicean andemployee has attained age 55, and any member who has withdrawn from service with not less than 25 years of eligiblea creditableschool serviceor andother hasperson attained age 50, regardless of whether the attainment of either of the specified ages occurs while the member is still in service, shall be entitled to receive at the optiondirection of thea member,school infor lieuhis of the regular or minimumher retirementexclusive annuity,use; a retirement annuity computed as follows:

(i)provided forthat periodsall ofsuch servicewritings asand aother noncoveredrecorded employee:information are destroyed not later than the student's graduation or permanent withdrawal from the school;

ifand retirementprovided occursfurther onthat no such records or afterrecorded Januaryinformation 1,may 2001,be 3%released ofor finaldisclosed averageto compensationany forperson eachexcept yeara person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of creditablethe service;provisions of this Act.

ifSchool retirementstudent occursrecords beforeshall Januarynot 1,include 2001,information 2maintained 1/4%by oflaw finalenforcement averageprofessionals compensationworking forin each of the firstschool. 10 years of creditable service, 2 1/2% for each year above 10 years to and including 20 years of creditable service, and 2 3/4% SB3119 - 14 - LRB099 19663 RLC 44060 b for each year of creditable service above 20 years;

and(e) (ii)"Student forPermanent periodsRecord" means the minimum personal information necessary to a school in the education of eligiblethe creditablestudent serviceand ascontained in a coveredschool employee:student record.

ifSuch retirementinformation occursmay oninclude orthe afterstudent's Januaryname, 1,birth 2001,date, 2.5%address, ofgrades finaland averagegrade compensationlevel, forparents' eachnames yearand ofaddresses, creditableattendance service;records, and such other entries as the State Board may require or authorize.

if(f) retirement"Student occursTemporary beforeRecord" Januarymeans 1,all 2001,information 1.67%contained of final average compensation for each of the first 10 years of such service, 1.90% for each of the next 10 years of such service, 2.10% for each year of such service in excessa ofschool 20student record but not exceedingcontained 30, and 2.30% for each year in excessthe ofstudent 30.permanent record.

Such annuityinformation shallmay beinclude subjectfamily tobackground ainformation, maximumintelligence oftest 75%scores, ofaptitude finaltest averagescores, compensationpsychological ifand retirementpersonality occurstest beforeresults, Januaryteacher 1,evaluations, 2001and orother information of clear relevance to athe maximumeducation of 80%the student, all subject to regulations of finalSB3119 averageEngrossed compensation- if4 retirement- occursLRB099 on19663 orRLC after44060 Januaryb 1,the 2001.State Board.

TheseThe ratesinformation shall notinclude beinformation applicableprovided tounder anySection service8.6 performedof bythe aAbused memberand asNeglected aChild coveredReporting employeeAct. which is not eligible creditable service.

ServiceIn asaddition, athe coveredstudent employeetemporary whichrecord isshall notinclude eligibleinformation creditableregarding serviceserious shalldisciplinary beinfractions subjectthat toresulted thein ratesexpulsion, andsuspension, provisionsor the imposition of Sectionpunishment 14-108.or sanction.

(b) For thepurposes purpose of this Section,provision, "eligibleserious creditabledisciplinary service"infractions meansmeans: creditable service resulting from service in one or more of the following positions:

(1)infractions Stateinvolving policeman;drugs, weapons, or bodily harm to another.

(2)(g) fire"Parent" fightermeans ina person who is the firenatural protectionparent serviceof the student or other person who has the primary responsibility for the care and upbringing of athe department;student.

(3)All airrights pilot;and privileges accorded to a parent under this Act shall become exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first.

SB3119Such -rights 15and -privileges LRB099may 19663also RLCbe 44060exercised bby (4)the specialstudent agent;at any time with respect to the student's permanent school record.

(5) investigator for the Secretary of State;

(6) conservation police officer;

(7) investigator for the Department of Revenue or the Illinois Gaming Board;

(8) security employee of the Department of Human Services;

(9) Central Management Services security police officer;

(10) security employee of the Department of Corrections or the Department of Juvenile Justice;

(11) dangerous drugs investigator;

(12) investigator for the Department of State Police;

(13) investigator for the Office of the Attorney General;

(14) controlled substance inspector;

(15) investigator for the Office of the State's Attorneys Appellate Prosecutor;

(16) Commerce Commission police officer;

(17) arson investigator;

(18) State highway maintenance worker.

A person employed in one of the positions specified in this subsection is entitled to eligible creditable service for service credit earned under this Article while undergoing the basic police training course approved by the Illinois Law Enforcement Training Standards Board, if completion of that SB3119 - 16 - LRB099 19663 RLC 44060 b training is required of persons serving in that position.

For the purposes of this Code, service during the required basic police training course shall be deemed performance of the duties of the specified position, even though the person is not a sworn peace officer at the time of the training.

(c) For the purposes of this Section:

(1) The term "state policeman" includes any title or position in the Department of State Police that is held by an individual employed under the State Police Act.

(2) The term "fire fighter in the fire protection service of a department" includes all officers in such fire protection service including fire chiefs and assistant fire chiefs.

(3) The term "air pilot" includes any employee whose official job description on file in the Department of Central Management Services, or in the department by which he is employed if that department is not covered by the Personnel Code, states that his principal duty is the operation of aircraft, and who possesses a pilot's license;

however, the change in this definition made by this amendatory Act of 1983 shall not operate to exclude any noncovered employee who was an "air pilot" for the purposes of this Section on January 1, 1984.

(4) The term "special agent" means any person who by reason of employment by the Division of Narcotic Control, the Bureau of Investigation or, after July 1, 1977, the SB3119 - 17 - LRB099 19663 RLC 44060 b Division of Criminal Investigation, the Division of Internal Investigation, the Division of Operations, or any other Division or organizational entity in the Department of State Police is vested by law with duties to maintain public order, investigate violations of the criminal law of this State, enforce the laws of this State, make arrests and recover property.

The term "special agent" includes any title or position in the Department of State Police that is held by an individual employed under the State Police Act.

(5) The term "investigator for the Secretary of State" means any person employed by the Office of the Secretary of State and vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

A person who became employed as an investigator for the Secretary of State between January 1, 1967 and December 31, 1975, and who has served as such until attainment of age 60, either continuously or with a single break in service of not more than 3 years duration, which break terminated before January 1, 1976, shall be entitled to have his retirement annuity calculated in accordance with subsection (a), notwithstanding that he has less than 20 years of credit for such service.

(6) The term "Conservation Police Officer" means any person employed by the Division of Law Enforcement of the SB3119 - 18 - LRB099 19663 RLC 44060 b Department of Natural Resources and vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.

The term "Conservation Police Officer" includes the positions of Chief Conservation Police Administrator and Assistant Conservation Police Administrator.

(7) The term "investigator for the Department of Revenue" means any person employed by the Department of Revenue and vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

The term "investigator for the Illinois Gaming Board" means any person employed as such by the Illinois Gaming Board and vested with such peace officer duties as render the person ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.

(8) The term "security employee of the Department of Human Services" means any person employed by the Department of Human Services who (i) is employed at the Chester Mental Health Center and has daily contact with the residents thereof, (ii) is employed within a security unit at a facility operated by the Department and has daily contact with the residents of the security unit, (iii) is employed SB3119 - 19 - LRB099 19663 RLC 44060 b at a facility operated by the Department that includes a security unit and is regularly scheduled to work at least 50% of his or her working hours within that security unit, or (iv) is a mental health police officer.

"Mental health police officer" means any person employed by the Department of Human Services in a position pertaining to the Department's mental health and developmental disabilities functions who is vested with such law enforcement duties as render the person ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

"Security unit" means that portion of a facility that is devoted to the care, containment, and treatment of persons committed to the Department of Human Services as sexually violent persons, persons unfit to stand trial, or persons not guilty by reason of insanity.

With respect to past employment, references to the Department of Human Services include its predecessor, the Department of Mental Health and Developmental Disabilities.

The changes made to this subdivision (c)(8) by Public Act 92-14 apply to persons who retire on or after January 1, 2001, notwithstanding Section 1-103.1.

(9) "Central Management Services security police officer" means any person employed by the Department of Central Management Services who is vested with such law enforcement duties as render him ineligible for coverage SB3119 - 20 - LRB099 19663 RLC 44060 b under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

(10) For a member who first became an employee under this Article before July 1, 2005, the term "security employee of the Department of Corrections or the Department of Juvenile Justice" means any employee of the Department of Corrections or the Department of Juvenile Justice or the former Department of Personnel, and any member or employee of the Prisoner Review Board, who has daily contact with inmates or youth by working within a correctional facility or Juvenile facility operated by the Department of Juvenile Justice or who is a parole officer or an employee who has direct contact with committed persons in the performance of his or her job duties.

For a member who first becomes an employee under this Article on or after July 1, 2005, the term means an employee of the Department of Corrections or the Department of Juvenile Justice who is any of the following:

(i) officially headquartered at a correctional facility or Juvenile facility operated by the Department of Juvenile Justice, (ii) a parole officer, (iii) a member of the apprehension unit, (iv) a member of the intelligence unit, (v) a member of the sort team, or (vi) an investigator.

(11) The term "dangerous drugs investigator" means any person who is employed as such by the Department of Human Services.

SB3119 - 21 - LRB099 19663 RLC 44060 b (12) The term "investigator for the Department of State Police" means a person employed by the Department of State Police who is vested under Section 4 of the Narcotic Control Division Abolition Act with such law enforcement powers as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

(13) "Investigator for the Office of the Attorney General" means any person who is employed as such by the Office of the Attorney General and is vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

For the period before January 1, 1989, the term includes all persons who were employed as investigators by the Office of the Attorney General, without regard to social security status.

(14) "Controlled substance inspector" means any person who is employed as such by the Department of Professional Regulation and is vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

The term "controlled substance inspector" includes the Program Executive of Enforcement and the Assistant Program Executive of Enforcement.

SB3119 - 22 - LRB099 19663 RLC 44060 b (15) The term "investigator for the Office of the State's Attorneys Appellate Prosecutor" means a person employed in that capacity on a full time basis under the authority of Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(16) "Commerce Commission police officer" means any person employed by the Illinois Commerce Commission who is vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.

(17) "Arson investigator" means any person who is employed as such by the Office of the State Fire Marshal and is vested with such law enforcement duties as render the person ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act.

A person who was employed as an arson investigator on January 1, 1995 and is no longer in service but not yet receiving a retirement annuity may convert his or her creditable service for employment as an arson investigator into eligible creditable service by paying to the System the difference between the employee contributions actually paid for that service and the amounts that would have been contributed if the applicant were contributing at the rate applicable to persons with the same social security status earning SB3119 - 23 - LRB099 19663 RLC 44060 b eligible creditable service on the date of application.

(18) The term "State highway maintenance worker" means a person who is either of the following:

(i) A person employed on a full-time basis by the Illinois Department of Transportation in the position of highway maintainer, highway maintenance lead worker, highway maintenance lead/lead worker, heavy construction equipment operator, power shovel operator, or bridge mechanic;

and whose principal responsibility is to perform, on the roadway, the actual maintenance necessary to keep the highways that form a part of the State highway system in serviceable condition for vehicular traffic.

(ii) A person employed on a full-time basis by the Illinois State Toll Highway Authority in the position of equipment operator/laborer H-4, equipment operator/laborer H-6, welder H-4, welder H-6, mechanical/electrical H-4, mechanical/electrical H-6, water/sewer H-4, water/sewer H-6, sign maker/hanger H-4, sign maker/hanger H-6, roadway lighting H-4, roadway lighting H-6, structural H-4, structural H-6, painter H-4, or painter H-6;

and whose principal responsibility is to perform, on the roadway, the actual maintenance necessary to keep the Authority's tollways in serviceable condition for vehicular traffic.

SB3119 - 24 - LRB099 19663 RLC 44060 b (d) A security employee of the Department of Corrections or the Department of Juvenile Justice, and a security employee of the Department of Human Services who is not a mental health police officer, shall not be eligible for the alternative retirement annuity provided by this Section unless he or she meets the following minimum age and service requirements at the time of retirement:

(i) 25 years of eligible creditable service and age 55;

or (ii) beginning January 1, 1987, 25 years of eligible creditable service and age 54, or 24 years of eligible creditable service and age 55;

or (iii) beginning January 1, 1988, 25 years of eligible creditable service and age 53, or 23 years of eligible creditable service and age 55;

or (iv) beginning January 1, 1989, 25 years of eligible creditable service and age 52, or 22 years of eligible creditable service and age 55;

or (v) beginning January 1, 1990, 25 years of eligible creditable service and age 51, or 21 years of eligible creditable service and age 55;

or (vi) beginning January 1, 1991, 25 years of eligible creditable service and age 50, or 20 years of eligible creditable service and age 55.

Persons who have service credit under Article 16 of this Code for service as a security employee of the Department of SB3119 - 25 - LRB099 19663 RLC 44060 b Corrections or the Department of Juvenile Justice, or the Department of Human Services in a position requiring certification as a teacher may count such service toward establishing their eligibility under the service requirements of this Section;

but such service may be used only for establishing such eligibility, and not for the purpose of increasing or calculating any benefit.

(e) If a member enters military service while working in a position in which eligible creditable service may be earned, and returns to State service in the same or another such position, and fulfills in all other respects the conditions prescribed in this Article for credit for military service, such military service shall be credited as eligible creditable service for the purposes of the retirement annuity prescribed in this Section.

(f) For purposes of calculating retirement annuities under this Section, periods of service rendered after December 31, 1968 and before October 1, 1975 as a covered employee in the position of special agent, conservation police officer, mental health police officer, or investigator for the Secretary of State, shall be deemed to have been service as a noncovered employee, provided that the employee pays to the System prior to retirement an amount equal to (1) the difference between the employee contributions that would have been required for such service as a noncovered employee, and the amount of employee contributions actually paid, plus (2) if payment is made after SB3119 - 26 - LRB099 19663 RLC 44060 b July 31, 1987, regular interest on the amount specified in item (1) from the date of service to the date of payment.

For purposes of calculating retirement annuities under this Section, periods of service rendered after December 31, 1968 and before January 1, 1982 as a covered employee in the position of investigator for the Department of Revenue shall be deemed to have been service as a noncovered employee, provided that the employee pays to the System prior to retirement an amount equal to (1) the difference between the employee contributions that would have been required for such service as a noncovered employee, and the amount of employee contributions actually paid, plus (2) if payment is made after January 1, 1990, regular interest on the amount specified in item (1) from the date of service to the date of payment.

(g) A State policeman may elect, not later than January 1, 1990, to establish eligible creditable service for up to 10 years of his service as a policeman under Article 3, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.5, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

SB3119 - 27 - LRB099 19663 RLC 44060 b Subject to the limitation in subsection (i), a State policeman may elect, not later than July 1, 1993, to establish eligible creditable service for up to 10 years of his service as a member of the County Police Department under Article 9, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 9-121.10 and the amounts that would have been contributed had those contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

(h) Subject to the limitation in subsection (i), a State policeman or investigator for the Secretary of State may elect to establish eligible creditable service for up to 12 years of his service as a policeman under Article 5, by filing a written election with the Board on or before January 31, 1992, and paying to the System by January 31, 1994 an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 5-236, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

SB3119 - 28 - LRB099 19663 RLC 44060 b Subject to the limitation in subsection (i), a State policeman, conservation police officer, or investigator for the Secretary of State may elect to establish eligible creditable service for up to 10 years of service as a sheriff's law enforcement employee under Article 7, by filing a written election with the Board on or before January 31, 1993, and paying to the System by January 31, 1994 an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 7-139.7, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

Subject to the limitation in subsection (i), a State policeman, conservation police officer, or investigator for the Secretary of State may elect to establish eligible creditable service for up to 5 years of service as a police officer under Article 3, a policeman under Article 5, a sheriff's law enforcement employee under Article 7, a member of the county police department under Article 9, or a police officer under Article 15 by filing a written election with the Board and paying to the System an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 SB3119 - 29 - LRB099 19663 RLC 44060 b and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

Subject to the limitation in subsection (i), an investigator for the Office of the Attorney General, or an investigator for the Department of Revenue, may elect to establish eligible creditable service for up to 5 years of service as a police officer under Article 3, a policeman under Article 5, a sheriff's law enforcement employee under Article 7, or a member of the county police department under Article 9 by filing a written election with the Board within 6 months after August 25, 2009 (the effective date of Public Act 96-745) and paying to the System an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the actuarially assumed rate for each year, compounded annually, from the date of service to the date of payment.

Subject to the limitation in subsection (i), a State policeman, conservation police officer, investigator for the Office of the Attorney General, an investigator for the SB3119 - 30 - LRB099 19663 RLC 44060 b Department of Revenue, or investigator for the Secretary of State may elect to establish eligible creditable service for up to 5 years of service as a person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district under Article 7, a county corrections officer, or a court services officer under Article 9, by filing a written election with the Board within 6 months after August 25, 2009 (the effective date of Public Act 96-745) and paying to the System an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Sections 7-139.8 and 9-121.10 and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the actuarially assumed rate for each year, compounded annually, from the date of service to the date of payment.

(i) The total amount of eligible creditable service established by any person under subsections (g), (h), (j), (k), and (l) of this Section shall not exceed 12 years.

(j) Subject to the limitation in subsection (i), an investigator for the Office of the State's Attorneys Appellate Prosecutor or a controlled substance inspector may elect to establish eligible creditable service for up to 10 years of his service as a policeman under Article 3 or a sheriff's law enforcement employee under Article 7, by filing a written SB3119 - 31 - LRB099 19663 RLC 44060 b election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (1) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.6 or 7-139.8, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (2) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

(k) Subject to the limitation in subsection (i) of this Section, an alternative formula employee may elect to establish eligible creditable service for periods spent as a full-time law enforcement officer or full-time corrections officer employed by the federal government or by a state or local government located outside of Illinois, for which credit is not held in any other public employee pension fund or retirement system.

To obtain this credit, the applicant must file a written application with the Board by March 31, 1998, accompanied by evidence of eligibility acceptable to the Board and payment of an amount to be determined by the Board, equal to (1) employee contributions for the credit being established, based upon the applicant's salary on the first day as an alternative formula employee after the employment for which credit is being established and the rates then applicable to alternative formula employees, plus (2) an amount determined by the Board to be the employer's normal cost of the benefits SB3119 - 32 - LRB099 19663 RLC 44060 b accrued for the credit being established, plus (3) regular interest on the amounts in items (1) and (2) from the first day as an alternative formula employee after the employment for which credit is being established to the date of payment.

(l) Subject to the limitation in subsection (i), a security employee of the Department of Corrections may elect, not later than July 1, 1998, to establish eligible creditable service for up to 10 years of his or her service as a policeman under Article 3, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.5, and the amounts that would have been contributed had such contributions been made at the rates applicable to security employees of the Department of Corrections, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment.

(m) The amendatory changes to this Section made by this amendatory Act of the 94th General Assembly apply only to:

(1) security employees of the Department of Juvenile Justice employed by the Department of Corrections before the effective date of this amendatory Act of the 94th General Assembly and transferred to the Department of Juvenile Justice by this amendatory Act of the 94th General Assembly;

and (2) persons employed by the Department of Juvenile Justice on or after the SB3119 - 33 - LRB099 19663 RLC 44060 b effective date of this amendatory Act of the 94th General Assembly who are required by subsection (b) of Section 3-2.5-15 of the Unified Code of Corrections to have a bachelor's or advanced degree from an accredited college or university with a specialization in criminal justice, education, psychology, social work, or a closely related social science or, in the case of persons who provide vocational training, who are required to have adequate knowledge in the skill for which they are providing the vocational training.

(n) A person employed in a position under subsection (b) of this Section who has purchased service credit under subsection (j) of Section 14-104 or subsection (b) of Section 14-105 in any other capacity under this Article may convert up to 5 years of that service credit into service credit covered under this Section by paying to the Fund an amount equal to (1) the additional employee contribution required under Section 14-133, plus (2) the additional employer contribution required under Section 14-131, plus (3) interest on items (1) and (2) at the actuarially assumed rate from the date of the service to the date of payment.

95-530,92-295, eff.

8-28-07;1-1-02.) Section 15.

95-1036,The eff.Interscholastic Athletic Organization Act is amended by adding Section 0.05 as follows:

2-17-09;(105 ILCS 25/0.05 new) Sec.

96-37,0.05. eff.

7-13-09;Definition of terms.

96-745,For eff.the purposes of this Act, "school" or "school district" does not include the Department of Juvenile Justice School District under Article 13 SB3119 Engrossed - 5 - LRB099 19663 RLC 44060 b of the School Code or its schools.

8-25-09;Section 20.

96-1000,The eff.Education for Homeless Children Act is amended by changing Section 1-5 as follows:

7-2-10.)(105 SectionILCS 15.45/1-5) Sec.

The1-5. Unified Code of Corrections is amended by changing Section 3-2.5-15 as follows:

SB3119Definitions. - 34 - LRB099 19663 RLC 44060 b (730 ILCS 5/3-2.5-15) Sec.

3-2.5-15.As used in this Act:

"School" does not include any school within the Department of Juvenile Justice;Justice School District under Article 13 of the School Code.

assumption"School of dutiesorigin" ofmeans the Juvenileschool Division.that the child attended when permanently housed or the school in which the child was last enrolled.

(a)"Parent" Themeans Department of Juvenile Justice shall assume the rights,parent powers,or duties,guardian andhaving responsibilitieslegal ofor thephysical Juvenilecustody Division of thea Departmentchild. of Corrections.

Personnel,"Homeless books,person, records,child, property,or andyouth" unencumberedincludes, appropriationsbut pertainingis tonot thelimited Juvenileto, Divisionany of the Departmentfollowing: of Corrections shall be transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.

Any(1) rightsAn ofindividual employeeswho orlacks thea Statefixed, underregular, theand Personneladequate Codenighttime orplace anyof otherabode. contract or plan shall be unaffected by this transfer.

(b)(2) DepartmentAn ofindividual Juvenile Justice personnel who arehas hired by the Department on or after the effective date of this amendatory Act of the 94th General Assembly and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must be over the age of 21 and have a bachelor'sprimary ornighttime advancedplace degree from an accredited college or university with a specialization in criminal justice, education, psychology, SB3119 - 35 - LRB099 19663 RLC 44060 b social work, or a closely related social science or other bachelor's or advanced degree with at least 2 years experience in the field of juvenileabode matters.that is:

This(A) requirementa shallsupervised notpublicly applyor toprivately security,operated clerical,shelter fooddesigned service,to andprovide maintenancetemporary staffliving thataccommodations do(including notwelfare havehotels, directcongregate shelters, and regulartransitional contacthousing); with youth.

The(B) degreean requirementsinstitution specifiedthat inprovides thisa subsectiontemporary (b)SB3119 areEngrossed not- required6 of- personsLRB099 who19663 provideRLC vocational44060 trainingb andresidence who have adequate knowledge in the skill for whichindividuals theyintended areto providingbe theinstitutionalized; vocational training.

(c)or Subsection(C) (b)a ofpublic thisor Sectionprivate doesplace not applydesigned tofor personnelor transferredordinarily toused theas Departmenta ofregular Juvenilesleeping Justiceaccommodation onfor thehuman effectivebeings. date of this amendatory Act of the 94th General Assembly.

(d) The Department shall be under the direction of the Director of Juvenile Justice as provided in this Code.

(e) The Director shall organize divisions within the Department and shall assign functions, powers, duties, and personnel as required by law.

The Director may create other divisions and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department.

The Director may, with the approval of the Office of the Governor, assign to and share functions, powers, duties, and personnel with other State agencies such that administrative services and administrative facilities are provided by a shared administrative service center.

Where possible, shared services SB3119 - 36 - LRB099 19663 RLC 44060 b which impact youth should be done with child-serving agencies.

These administrative services may include, but are not limited to, all of the following functions:

budgeting, accounting related functions, auditing, human resources, legal, procurement, training, data collection and analysis, information technology, internal investigations, intelligence, legislative services, emergency response capability, statewide transportation services, and general office support.

(f) The Department of Juvenile Justice may enter into intergovernmental cooperation agreements under which minors adjudicated delinquent and committed to the Department of Juvenile Justice may participate in county juvenile impact incarceration programs established under Section 3-6039 of the Counties Code.

(g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act.

98-528,88-634, eff.

1-1-15;1-1-95;

98-689,88-686, eff.

1-1-15.)1-24-95.) Section 99.25.

EffectiveThe date.Right to Privacy in the School Setting Act is amended by changing Section 5 as follows:

This(105 ActILCS takes75/5) effectSec. upon becoming law.

5.

Definitions.

In this Act:

"Elementary or secondary school" means a public elementary or secondary school or school district or a nonpublic school recognized by the State Board of Education.

"Elementary or secondary school" does not include any school within the Department of Juvenile Justice School District under Article 13 of the School Code.

"Post-secondary school" means an institution of higher learning as defined in the Higher Education Student Assistance Act.

"Post-secondary school" does not include any school within the Department of Juvenile Justice School District under Article 13 of the School Code.

"Social networking website" means an Internet-based service that allows individuals to do the following:

(1) construct a public or semi-public profile within a SB3119 Engrossed - 7 - LRB099 19663 RLC 44060 b bounded system created by the service;

(2) create a list of other users with whom they share a connection within the system;

and (3) view and navigate their list of connections and those made by others within the system.

"Social networking website" does not include electronic mail.

(Source:

P.A.

98-129, eff.

1-1-14.) Section 30.

The Critical Health Problems and Comprehensive Health Education Act is amended by changing Section 2 as follows:

(105 ILCS 110/2) (from Ch.

122, par.

862) Sec.

2.

Definitions.

(a) The following term has the following meaning, except as the context otherwise requires:

"Comprehensive Health Education Program":

a systematic and extensive educational program designed to provide a variety of learning experiences based upon scientific knowledge of the human organism as it functions within its environment which will favorably influence the knowledge, attitudes, values and practices of Illinois school youth;

and which will aid them in making wise personal decisions in matters of health.

(b) For the purposes of this Act, "school district", "school board", or "school" does not include the Department of Juvenile Justice School District under Article 13 of the School SB3119 Engrossed - 8 - LRB099 19663 RLC 44060 b Code or its school board or schools.

(Source:

P.A.

99-78, eff.

7-20-15.) Section 35.

The Eye Protection in School Act is amended by changing Section 1 as follows:

(105 ILCS 115/1) (from Ch.

122, par.

698.11) Sec.

1.

Every student, teacher and visitor is required to wear an industrial quality eye protective device when participating in or observing any of the following courses in schools, colleges and universities:

(a) vocational or industrial arts shops or laboratories involving experience with the following:

hot molten metals;

milling, sawing, turning, shaping, cutting, grinding or stamping of any solid materials;

heat treatment, tempering or kiln firing of any metal or other materials;

gas or electric arc welding;

repair or servicing of any vehicle;

caustic or explosive materials;

(b) chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.

Such devices may be furnished for all students and teachers, and shall be furnished for all visitors to such classrooms and laboratories.

The State Board of Education shall establish nationally accepted standards for such devices.

SB3119 Engrossed - 9 - LRB099 19663 RLC 44060 b For the purposes of this Section, "schools" does not include schools within the Department of Juvenile Justice School District under Article 13 of the School Code.

(Source:

P.A.

88-9.) Section 40.

The School Breakfast and Lunch Program Act is amended by changing Section 1 as follows:

(105 ILCS 125/1) (from Ch.

122, par.

712.1) Sec.

1.

Definitions.

For the purposes of this Act:

"School board" means school principal, directors, board of education and board of school inspectors of public and private schools.

"School board" also includes the Board of Education of the Department of Juvenile Justice School District established under Article 13 of the School Code.

"Welfare center" means an institution not otherwise receiving funds from any governmental agency, serving breakfasts or lunches to children of school age or under, in conformance with the authorized free breakfast program, school breakfast program, free lunch program, or school lunch program.

"Free breakfast program" means those programs through which school boards may supply needy children in their respective districts with free school breakfasts.

"Free lunch program" means those programs through which school boards supply all of the needy children in their respective districts with free school lunches.

SB3119 Engrossed - 10 - LRB099 19663 RLC 44060 b "School breakfast program" means a school breakfast program that meets the requirements for school breakfast programs under the Child Nutrition Act of 1966 (42 U.S.C.

1771 et seq.).

"School lunch program" means a school lunch program that meets the requirements for school lunch programs under the National School Lunch Act (42 U.S.C.

1751 et seq.).

"Comptroller" means Comptroller of the State of Illinois.

(Source:

P.A.

91-843, eff.

6-22-00.) Section 45.

The Childhood Hunger Relief Act is amended by changing Section 10 as follows:

(105 ILCS 126/10) Sec.

10.

Definitions.

In this Act:

"Hunger" means a symptom of poverty caused by a lack of resources that prevents the purchasing of a nutritionally adequate diet resulting in a chronic condition of being undernourished.

"Food insecurity" means a limited or uncertain availability of nutritionally adequate foods.

"Food security" means ensured access to enough food for an active, healthy life.

"School" or "school district" does not include the Department of Juvenile Justice School District under Article 13 of the School Code or its schools.

SB3119 Engrossed - 11 - LRB099 19663 RLC 44060 b "School Breakfast Program" means the federal child nutrition entitlement program that helps serve nourishing low-cost breakfast meals to school children.

In addition to cash assistance, participating schools get foods donated by and technical guidance from the United States Department of Agriculture.

Payments to schools are higher for meals served to children who qualify, on the basis of family size and income, for free or reduced-price meals.

The program is administered in Illinois by the State Board of Education.

"Summer Food Service Program" means the federal child nutrition entitlement program that helps communities serve meals to needy children when school is not in session.

The United States Department of Agriculture reimburses sponsors for operating costs of food services up to a specific maximum rate for each meal served.

In addition, sponsors receive some reimbursement for planning and supervising expenses.

The program in Illinois is administered by the State Board of Education.

(Source:

P.A.

93-1086, eff.

2-15-05.) Section 50.

The School Safety Drill Act is amended by changing Section 5 as follows:

(105 ILCS 128/5) Sec.

5.

Definitions.

In this Act:

"First responder" means and includes all fire departments SB3119 Engrossed - 12 - LRB099 19663 RLC 44060 b and districts, law enforcement agencies and officials, emergency medical responders, and emergency management officials involved in the execution and documentation of the drills administered under this Act.

"School" means a public or private facility that offers elementary or secondary education to students under the age of 21.

As used in this definition, "public facility" means a facility operated by the State or by a unit of local government.

As used in this definition, "private facility" means any non-profit, non-home-based, non-public elementary or secondary school that is in compliance with Title VI of the Civil Rights Act of 1964 and attendance at which satisfies the requirements of Section 26-1 of the School Code.

While more than one school may be housed in a facility, for purposes of this Act, the facility shall be considered a school.

When a school has more than one location, for purposes of this Act, each different location shall be considered its own school.

"School" does not include any school within the Department of Juvenile Justice School District under Article 13 of the School Code.

"School safety drill" means a pre-planned exercise conducted by a school in accordance with the drills and requirements set forth in this Act.

(Source:

P.A.

94-600, eff.

8-16-05.) Section 55.

The Toxic Art Supplies in Schools Act is SB3119 Engrossed - 13 - LRB099 19663 RLC 44060 b amended by changing Section 3 as follows:

(105 ILCS 135/3) (from Ch.

122, par.

1603) Sec.

3.

For the purpose of this Act, unless the context requires otherwise:

(a) "Art or craft material" means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art in any medium.

Such media may include, but need not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather and textile goods.

(b) "Human carcinogen" means any substance listed as a human carcinogen by the International Agency for Research on Cancer or by the National Toxicology Program of the U.S.

Department of Health and Human Services.

(c) "Potential human carcinogen" means one of the following:

(1) any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer or the National Toxicology Program of the U.S.

Department of Health and Human Services;

or (2) any chemical shown to be changed by the human body SB3119 Engrossed - 14 - LRB099 19663 RLC 44060 b into a human carcinogen.

(d) "Toxic substance" means any of the following:

(1) human carcinogens;

(2) potential human carcinogens;

(3) any substance having a potential for causing a chronic adverse health effect as determined pursuant to ASTM Standard D 4236 of the American Society for Testing and Materials or latest revision.

For the purposes of this Act, an art or craft material shall be presumed to contain an ingredient which is a toxic substance if the ingredient, whether an intentional ingredient or an impurity, constitutes 1% or more by weight of the product.

(e) "Department" means the Illinois Department of Public Health.

(f) "School" or "school district" does not include the Department of Juvenile Justice School District under Article 13 of the School Code or its schools.

(Source:

P.A.

84-725.) Section 60.

The Care of Students with Diabetes Act is amended by changing Section 10 as follows:

(105 ILCS 145/10) Sec.

10.

Definitions.

As used in this Act:

"Delegated care aide" means a school employee who has SB3119 Engrossed - 15 - LRB099 19663 RLC 44060 b agreed to receive training in diabetes care and to assist students in implementing their diabetes care plan and has entered into an agreement with a parent or guardian and the school district or private school.

"Diabetes care plan" means a document that specifies the diabetes-related services needed by a student at school and at school-sponsored activities and identifies the appropriate staff to provide and supervise these services.

"Health care provider" means a physician licensed to practice medicine in all of its branches, advanced practice nurse who has a written agreement with a collaborating physician who authorizes the provision of diabetes care, or a physician assistant who has a written supervision agreement with a supervising physician who authorizes the provision of diabetes care.

"Principal" means the principal of the school.

"School" means any primary or secondary public, charter, or private school located in this State.

"School" does not include any school within the Department of Juvenile Justice School District under Article 13 of the School Code.

"School employee" means a person who is employed by a public school district or private school, a person who is employed by a local health department and assigned to a school, or a person who contracts with a school or school district to perform services in connection with a student's diabetes care plan.

This definition must not be interpreted as requiring a SB3119 Engrossed - 16 - LRB099 19663 RLC 44060 b school district or private school to hire additional personnel for the sole purpose of serving as a designated care aide.

(Source:

P.A.

96-1485, eff.

12-1-10.) Section 65.

The Physical Fitness Facility Medical Emergency Preparedness Act is amended by changing Section 5.25 as follows:

(210 ILCS 74/5.25) Sec.

5.25.

Physical fitness facility.

(a) "Physical fitness facility" means the following:

(1) Any of the following indoor facilities that is (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these indoor facilities:

a swimming pool;

stadium;

athletic field;

football stadium;

soccer field;

baseball diamond;

track and field facility;

tennis court;

basketball court;

or volleyball court;

or similar facility as defined by Department rule.

(1.5) Any of the following outdoor facilities that is SB3119 Engrossed - 17 - LRB099 19663 RLC 44060 b (i) owned by a municipality, township, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these facilities:

a swimming pool;

athletic field;

football stadium;

soccer field;

baseball diamond;

track and field facility;

tennis court;

basketball court;

or volleyball court;

or similar facility as defined by Department rule.

The term does not include any facility during any activity or program organized by a private or not-for-profit organization and organized and supervised by a person or persons other than the employees of the unit of local government, school, college, or university.

As used in this subdivision (1.5), "school" does not include any school within the Department of Juvenile Justice School District under Article 13 of the School Code.

(2) Except as provided in subsection (b), any other indoor or outdoor establishment, whether public or private, that provides services or facilities focusing on cardiovascular exertion or gaming as defined by Department SB3119 Engrossed - 18 - LRB099 19663 RLC 44060 b rule.

(b) "Physical fitness facility" does not include a facility serving less than a total of 100 individuals.

For purposes of this Act, "individuals" includes only those persons actively engaged in physical exercise that uses large muscle groups and that substantially increases the heart rate.

In addition, the term does not include (i) a facility located in a hospital or in a hotel or motel, (ii) any outdoor facility owned or operated by a park district organized under the Park District Code, the Chicago Park District Act, or the Metro-East Park and Recreation District Act, or (iii) any facility owned or operated by a forest preserve district organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act or a conservation district organized under the Conservation District Act.

The term also does not include any facility that does not employ any persons to provide instruction, training, or assistance for persons using the facility.

(Source:

P.A.

95-712, eff.

1-1-09;

96-873, eff.

1-21-10.) Section 70.

The Structural Pest Control Act is amended by changing Section 3.26 as follows:

(225 ILCS 235/3.26) (Section scheduled to be repealed on December 31, 2019) Sec.

3.26.

"School" means any structure used as a public SB3119 Engrossed - 19 - LRB099 19663 RLC 44060 b school in this State.

"School" does not include any school within the Department of Juvenile Justice School District under Article 13 of the School Code.

(Source:

P.A.

91-525, eff.

8-1-00;

reenacted by P.A.

95-786, eff.