Full Text of HB5096 93rd General Assembly
HB5096 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5096
Introduced 02/05/04, by Jim Watson SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/21-1 |
from Ch. 122, par. 21-1 |
745 ILCS 49/10 |
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Amends the School Code and the Good Samaritan Act. Beginning July 1, 2005, provides that initial issuance of a teaching certificate is contingent upon certification in first aid and CPR. Provides that the State Board of Education shall accept first aid and CPR certificates from the American Red Cross, the American Heart Association, or any other nationally recognized certifying organization approved by the Department of Public Health.
Provides that an individual or entity providing training in the use of first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR, except for willful or wanton misconduct. Provides that a trained teacher who performs first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR or from a failure to respond, except for willful or wanton misconduct. Provides that a school district or non-public school that employs teachers that are trained in first aid or CPR is not liable for civil damages as a result of any act or omission involving the act of performing first aid or CPR or from failure of a trained teacher to respond, except for willful or wanton misconduct.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5096 |
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LRB093 15060 NHT 46721 b |
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| AN ACT concerning first aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 21-1 as follows:
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| (105 ILCS 5/21-1) (from Ch. 122, par. 21-1)
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| Sec. 21-1. Qualification of teachers. No one may be | 8 |
| certified to
teach or supervise in the public schools of this | 9 |
| State who is not of
good character, of good health, a citizen | 10 |
| of the United States or
legally present and authorized for | 11 |
| employment, and at least 19 years of age.
An applicant for a | 12 |
| certificate who is not a citizen of the United States
must sign | 13 |
| and file with the State Board of Education a letter of intent
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| indicating that either (i) within 10 years after the date that | 15 |
| the letter is
filed or (ii) at the earliest opportunity after | 16 |
| the person becomes eligible to
apply for U.S. citizenship, the | 17 |
| person will apply for U.S. citizenship.
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| Citizenship is not required for the issuance of a temporary | 19 |
| part-time
certificate to participants in approved training | 20 |
| programs for exchange
students as described in Section 21-10.2. | 21 |
| A certificate issued under
this plan shall expire on June 30 | 22 |
| following the date of issue. One
renewal for one year is | 23 |
| authorized if the holder remains as an official
participant in | 24 |
| an approved exchange program.
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| In determining good character under this Section, any | 26 |
| felony
conviction of the applicant may be taken into | 27 |
| consideration, but such a
conviction shall not operate as a bar | 28 |
| to registration.
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| No person otherwise qualified shall be denied the right to | 30 |
| be
certified, to receive training for the purpose of becoming a | 31 |
| teacher or
to engage in practice teaching in any school because | 32 |
| of a physical
disability including but not limited to visual |
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HB5096 |
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LRB093 15060 NHT 46721 b |
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| and hearing
disabilities; nor
shall any school district refuse | 2 |
| to employ a teacher on such grounds,
provided that the person | 3 |
| is able to carry out the duties of the position
for which he | 4 |
| applies.
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| No person may be granted or continue to hold a teaching | 6 |
| certificate who
has knowingly altered or misrepresented his or | 7 |
| her teaching qualifications
in order to acquire the | 8 |
| certificate. Any other certificate held by such
person may be | 9 |
| suspended or revoked by the State Teacher Certification
Board, | 10 |
| depending upon the severity of the alteration or | 11 |
| misrepresentation.
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| No one may teach or supervise in the public schools nor | 13 |
| receive for
teaching or supervising any part of any public | 14 |
| school fund, who does not
hold a certificate of qualification | 15 |
| granted by the State Board of Education
or by the State Teacher | 16 |
| Certification Board and a regional superintendent of
schools as | 17 |
| hereinafter provided, or by the board of education of a city | 18 |
| having
a population exceeding 500,000 inhabitants except as | 19 |
| provided in Section 34-6
and in Section 10-22.34 or Section | 20 |
| 10-22.34b. Beginning July 1, 2005,
initial issuance of a | 21 |
| teaching certificate is contingent upon the applicant
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| demonstrating that he or she holds current certification in | 23 |
| first aid and
CPR, according to the standards of the American | 24 |
| Red Cross, American Heart
Association, or other nationally | 25 |
| recognized certifying organization. The State Board of
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| Education shall accept first aid and CPR certificates from the
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| American Red Cross, the American Heart Association, or any | 28 |
| other nationally
recognized certifying organization approved | 29 |
| by the Department of Public
Health, in accordance with | 30 |
| Department rules. However, the provisions of this
Article do | 31 |
| not apply to a member of the armed forces who is employed as a
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| teacher of subjects in the Reserve Officer's Training Corps of | 33 |
| any school.
Sections 21-2 through 21-24 do not apply to cities | 34 |
| having a population
exceeding 500,000 inhabitants, until July | 35 |
| 1, 1988.
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| Notwithstanding any other provision of this Act, the board |
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HB5096 |
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LRB093 15060 NHT 46721 b |
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| of
education of any school district may grant to a teacher of | 2 |
| the district
a leave of absence with full pay for a period of | 3 |
| not more than one year
to permit such teacher to teach in a | 4 |
| foreign state under the provisions
of the Exchange Teacher | 5 |
| Program established under Public Law 584, 79th
Congress, and | 6 |
| Public Law 402, 80th Congress, as amended. The school
board | 7 |
| granting such leave of absence may employ with or without pay a
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| national of the foreign state wherein the teacher on leave of | 9 |
| absence
will teach, if the national is qualified to teach in | 10 |
| that foreign state,
and if that national will teach in a grade | 11 |
| level similar to the one
which was taught in such foreign | 12 |
| state. The State Board of Education
shall promulgate and | 13 |
| enforce such reasonable rules as may be
necessary to effectuate | 14 |
| this paragraph.
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| (Source: P.A. 93-572, eff. 1-1-04.)
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| Section 10. The Good Samaritan Act is amended by changing | 17 |
| Section 10 as follows:
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| (745 ILCS 49/10)
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| Sec. 10. First aid and cardiopulmonary
Cardiopulmonary
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| resuscitation; exemption from civil liability
for emergency | 21 |
| care . | 22 |
| (a) Any person currently certified in basic
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| cardiopulmonary resuscitation (CPR) who complies with | 24 |
| generally
recognized standards, and who in good faith, not for
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| compensation, provides emergency cardiopulmonary
resuscitation | 26 |
| to a person who is an apparent victim of acute
cardiopulmonary | 27 |
| insufficiency shall not, as the result of
his or her acts or | 28 |
| omissions in providing resuscitation, be
liable for civil | 29 |
| damages, unless the acts or omissions
constitute willful and | 30 |
| wanton misconduct.
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| (b) An individual or entity providing training in the use | 32 |
| of first aid or CPR is not liable for civil damages as a result | 33 |
| of any act or omission involving the act of performing first | 34 |
| aid or CPR, except for willful or wanton misconduct. |
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| (c) A trained teacher who performs first aid or CPR is not | 2 |
| liable for civil damages as a result of any act or omission | 3 |
| involving the act of performing first aid or CPR or from a | 4 |
| failure to respond, except for willful or wanton misconduct. | 5 |
| (d) A school district or non-public school that employs | 6 |
| teachers that are trained in first aid or CPR is not liable for | 7 |
| civil damages as a result of any act or omission involving the | 8 |
| act of performing first aid or CPR or from failure of a trained | 9 |
| teacher to respond, except for willful or wanton misconduct.
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| (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
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