Distributed via Email: April 10, 2008

CONSTITUTIONAL AMENDMENTS DEBATED

The Illinois House of Representatives this week debated and voted on two proposed amendments to the Illinois Constitution. Such measures must be approved by a 3/5 vote in both the House and the Senate. House Joint Resolution Constitutional Amendment 42 (Smith, D-Canton), highlighted in the last Alliance Legislative Report, proposed to change the Illinois Constitution to increase the State income tax rate for taxpayers who earn $250,000 or more per year. The resolution was defeated on the House floor Thursday on a vote of 52-60.

Currently in Illinois all taxpayers pay a flat income tax rate of 3% of their annual income. Under HJRCA 42, those taxpayers earning less than $250,000 per year would have continued to pay at the 3% rate, but those earning $250,000 or more would have paid income taxes at a rate of 6% of their annual earnings. The estimated $3 billion generated from the increased rate would have been earmarked for education, income tax relief, and a statewide infrastructure program.

On Tuesday, the House approved HJRCA 28 (Franks, D-Woodstock) on a vote of 75-33-3. This resolution proposes to change the Illinois Constitution to provide for elections to recall state executive branch officers (Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer) and members of the General Assembly. The measure was sent to the Senate for further consideration. In order for the question to appear on the November General Election ballot, the Senate must approve the resolution by a 3/5 vote by May 4, 2008.

The legislature adjourned the session for the week and returns to the Capitol next Tuesday.

ISBE SUBMITS FOOD SERVICE RULES

As was reported by the Alliance in January (see Alliance Legislative Reports 95-52 and 95-53), the Illinois State Board of Education was preparing to submit new rules regarding school food service and "junk food". The new rule proposal was published in the Illinois Register last Friday, thus beginning the process used by the Joint Committee on Administrative Rules (JCAR). The new rules are even more stringent than those rules currently in operation.

The new proposal is a result of the report from the School Wellness Policy Task Force. The task force standards incorporated into the new rule proposal differentiates between students in pre-k through 5^th grade versus those students in grades 6-12. So the calorie intake for the 6^th grader is the same as that for the senior in high school. Example: a 5^th grader would be limited to 4 ounces of 100% juice while the 6^th grader would be allowed 12 ounces (also, a 5^th grader could not eat a yogurt "smoothie" but a 6^th grader could).

The complete rule proposal can be found in the Illinois Register on line at:

http://ilsos.net/departments/index/register/register_volume32_issue14.pdf ; scroll down to page 282.

You are encouraged to review the proposal and send in written comments regarding your concerns to the address listed in the Illinois Register. Also, please send copies of your remarks to the legislative members of JCAR. These names and addresses can be found at: http://www.ilga.gov/commission/jcar/member.pdf

The proposed new requirements:

• establish separate requirements for elementary and middle school students;
• define "school day" as being 30 minutes before the start of classes until 30 minutes following the end of the last class of the day;
• prohibit certain food items (i.e. whole milk in grade 5 and below), smoothies and beverages other than those listed;
• apply to the sale of a la carte items; and
• apply to food sold anywhere at the school during the school day, excluding foods sold as part of a reimbursable meal.

The first comment period is open for 45 days.

BILLS APPROVED THIS WEEK

The following bills were approved by the House of Representatives and were sent to the Senate for further consideration:

HB 4252 (Brady, R-Bloomington) provides that if an employee of a school district has made a report to DCFS under the Mandated Reporters Act involving the conduct of a current or former employee of the school district, and a request is made by another school district to provide information concerning the job performance or qualifications of the current or former employee because he or she is an applicant for employment, the superintendent of the school district to which the request is being made must disclose to the requesting school district the fact that a report had been made.

HB 4788 (Harris, D-Chicago) increases the maximum income limitation on the Senior Citizens

Assessment Freeze Homestead Exemption from $55,000 to $60,000 and changes the definition of household income to the combined income of the members of the household.

HB 5142 (Flider, D-Mt. Zion), for out-of-state members of the Teacher Retirement System who experienced a leave of absence due to pregnancy, allows establishment of credit for that break in service.

HB 5240 (Pihos, R-Glen Ellyn), with respect to sick leave for teachers, provides that a school board may require a certificate from a physician as a basis for pay during leave after an absence of 30 days for child birth. It provides that for paid sick leave for adoption or placement for adoption, the school board may require that the teacher or other employee provide evidence that the formal adoption process is underway, and such leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative.

HB 5323 (Bradley, J., D-Marion) expands the Prevailing Wage Act to apply to the demolition of public works.

HB 5325 (Smith) authorizes the ISBE to administer a Continued Reading Improvement Grant Program and provides funds for the program to be made available to school districts with students in any of grades 7-12 who are reading significantly below grade level.

HB 5367 (Chapa LaVia, D-Aurora) allows school boards to award high school diplomas to honorably discharged veterans who served in the armed forces during the Vietnam Conflict.

HB 5536 (Brauer, R-Springfield) amends provisions of the Illinois Vehicle Code requiring each school bus to display at the rear of the bus a sign indicating the telephone number of the owner of the

school bus. It changes the sign verbiage to: "TO COMMENT ON MY DRIVING, CALL (area code and telephone number of school bus owner)". An Alliance amendment was added to require the new sign only when the district was going to replace the current sticker.

HB 5732 (Smith) disallows the regional superintendent from imposing an unfunded mandate on a school district with a compliance review audit unless statutory authority exists for such finding.

The following bills were approved by the Senate and were sent to the House of Representatives for further consideration:

SB 1955 (Lightford, D-Maywood) statutorily requires the last two school district state aid payments to be made in June (instead of July) so the funds are received in the proper fiscal year.

SB 2013 (Garrett, D-Lake Forest) changes the definition of those school district employees that are eligible for State personnel reimbursement for special education, and provides for a specified increase in the reimbursement from the 2008-2009 school year through the 2013-2014 school year.

SB 2311 (Garrett) creates the Transportation Enhancements and Safe Routes to School Transparency Act to establish a grants review committee to evaluate, score, and rank all applications for funding under the federal Transportation Enhancements Program and the Safe Routes to School Program.

SB 2379 (Demuzio, D-Carlinville) makes changes concerning a petition for withdrawal of a school district from a special education joint agreement, including requiring the hearing on the petition to be in accordance with ISBE rules and changing how the vote on approval of the petition is determined.

SB 2892 (Clayborne, D-Belleville) implements a "sales tax holiday" from the first Friday in August for 9 days to the following Sunday for school supplies including any article of clothing or footwear or a computer sold at or below certain selling prices. The Department of Revenue estimates the cost of the program to the General Revenue Fund to be between $33 million and $43 million.

SB 2907 (Demuzio) allows the regional superintendent of schools to increase fees for providing courses of instruction for school bus drivers.

OTHER BILL ACTION THIS WEEK

HB 5960 (Cross, R-Oswego) establishes many new school district requirements regarding students with diabetes and other ailments. It requires health care management plans for any such students and requires trained designated health care aides. The bill sets forth requirements concerning what a student with diabetes must be permitted to do and requires a school to provide an information sheet to school employees concerning a student with a health care management plan. It prohibits a school district from restricting the assignment of a student with a plan to a particular school on the basis that the school does not have a full-time school nurse or the required designated health care aides, nor may a school deny access to a student on the basis that a student has been diagnosed with a condition or illness requiring a plan. The bill was approved by the House Human Services Committee and was sent to the House floor for consideration.

SB 2170 (Murphy, R-Palatine) provides that teachers (not just school authorities) may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant. An Alliance amendment was added to allow the local district to set the parameters by which a teacher may exercise this new authority. The bill is pending on the Senate floor.

SB 2688 (Jones, E., D-Chicago) was amended to require school districts to conduct a law enforcement drill each year to prepare students and school personnel for evacuations for incidents of shootings, bomb threats, etc. The bill was approved as amended by the Senate Education Committee and was sent to the Senate floor for further consideration.

General Assembly Bill Text/Status

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