Full Text of HB2007 94th General Assembly
HB2007ham001 94TH GENERAL ASSEMBLY
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Rep. Patrick J Verschoore
Filed: 4/12/2005
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| AMENDMENT TO HOUSE BILL 2007
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| AMENDMENT NO. ______. Amend House Bill 2007 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the High | 5 |
| School State Tournaments, Competitions, and Championships Act. | 6 |
| Section 5. Findings. | 7 |
| The General Assembly finds the following: | 8 |
| (1) That, pursuant to Section 1 of Article X of the | 9 |
| Illinois Constitution, a fundamental goal of the people of | 10 |
| this State is the educational development of all persons to | 11 |
| the limits of their capacities. | 12 |
| (2) That, pursuant to Section 1 of Article X of the | 13 |
| Illinois Constitution, the State has provided substantial | 14 |
| funding to the system of public education, and that the | 15 |
| funds provided by the State have assisted the high schools | 16 |
| of this State to finance sporting competition, to pay | 17 |
| coaches' salaries, and to provide sports facilities used by | 18 |
| the public schools of this State. | 19 |
| (3) That high school sports competitions should be won | 20 |
| fairly and squarely on the fields of play, and that rules | 21 |
| and regulations designed to give any school or group of | 22 |
| schools a legislative advantage over another school or | 23 |
| group of schools should be forbidden. | 24 |
| (4) That certain organizations or associations hold or |
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| claim to hold sports tournaments for the high school | 2 |
| student athletes of this State and to award State | 3 |
| championships and State titles to the winners of these | 4 |
| tournaments. | 5 |
| (5) That certain organizations holding State | 6 |
| tournaments that purport to award State championships or | 7 |
| State titles based on fair competition have passed rules | 8 |
| that have the appearance of discriminating against | 9 |
| parochial, private, and magnet schools. | 10 |
| (6) That if publicly funded schools participate in | 11 |
| sports tournaments that purport to award State | 12 |
| championships or State titles, then these tournaments must | 13 |
| be conducted consistently with the spirit and requirements | 14 |
| of due process and equal protection under Section 2 of | 15 |
| Article I of the Illinois Constitution, and that race, | 16 |
| religion, creed, and national ancestry should be | 17 |
| irrelevant to and shall have no part in the competition. | 18 |
| (7) That State titles and State championships should be | 19 |
| won on the basis of excellence on the fields of play and | 20 |
| roughly equal contestants on the fields of play, and that | 21 |
| it is inconsistent with the notions of public education | 22 |
| that any school should be barred from competition or put at | 23 |
| a competitive disadvantage by organization or association | 24 |
| rules that apply to one school in the competition and not | 25 |
| the other. | 26 |
| (8) That smaller schools cannot fairly compete with | 27 |
| substantially larger schools, and that it should therefore | 28 |
| be permissible to create classes, such as Class A and Class | 29 |
| AA, but that these classes must be based on actual | 30 |
| enrollments and not upon imaginary students. | 31 |
| (9) That devices, such as multipliers, that create the | 32 |
| illusion that a school has more than its actual number of | 33 |
| students should be forbidden. | 34 |
| (10) That active recruiting by sending recruiters out |
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| to bring student athletes into a school should be | 2 |
| discouraged. | 3 |
| (11) That disputes between an organization or | 4 |
| association and any member school over recruiting | 5 |
| practices require a hearing that meets with the procedural | 6 |
| notions of due process, including an impartial hearing | 7 |
| panel, a charge, an opportunity to be heard, and the right | 8 |
| to appear by counsel. | 9 |
| Section 10. Application.
This Act applies to competitions | 10 |
| run by any person, corporation, organization, or association in | 11 |
| this State purporting to award a State championship, State | 12 |
| title, or the like and involving the publicly funded high | 13 |
| schools of this State. | 14 |
| Section 15. Prohibitions. In all competitions, no | 15 |
| distinctions between schools may be made on the basis of race, | 16 |
| religion, creed, or nation of origin, and no parochial, | 17 |
| private, or magnet school may be barred from such competition | 18 |
| or be placed at a competitive disadvantage. No publicly funded | 19 |
| high school in this State may participate in any State | 20 |
| tournament or State title competition if the organizer seeks by | 21 |
| use of a multiplier or like device to move any school into a | 22 |
| higher class. | 23 |
| Section 20. Tournament organization. A tournament | 24 |
| organizer may organize classes based on the actual number of | 25 |
| students attending a school. The organizer may provide for | 26 |
| separate boys' and girls' tournaments. In determining classes, | 27 |
| boys' classes must be based on the actual number of boys | 28 |
| attending the school, and girls' classes must be based on the | 29 |
| actual number of girls attending the school. The use of | 30 |
| multipliers and like devices are forbidden. |
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| Section 25. Recruiting.
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| (a) Active recruiting of athletes by a high school is | 3 |
| deemed anti-competitive conduct. Active recruiting does not | 4 |
| include the desire of a parent to place his or her child in a | 5 |
| parochial, private, or magnet school. Bringing a student | 6 |
| athlete in from outside the State creates a prima facie case of | 7 |
| recruiting. | 8 |
| (b) A student athlete who has attended a parochial junior | 9 |
| high school, which junior high school is a feeder school for a | 10 |
| particular parochial high school, is deemed not to have been | 11 |
| recruited. A "feeder school" means a parochial school that is | 12 |
| required to pay and does pay funds to support the particular | 13 |
| parochial high school. | 14 |
| (c) If any high school is guilty of actively recruiting a | 15 |
| student athlete, the organizer of the tournament can move the | 16 |
| offending school up one division in that sport, after a due | 17 |
| process hearing. | 18 |
| (d) The due process hearing shall take place before an | 19 |
| impartial arbitration panel of 3 members, after the filing of a | 20 |
| written charge, which shall specifically state the recruiting | 21 |
| violation. The organizer shall appoint the first member of the | 22 |
| panel. The defendant school shall appoint the second member. | 23 |
| Those 2 members shall select the third member. | 24 |
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Each side shall present its witnesses. Each side is | 25 |
| entitled to appear by counsel. Each side has the right to cross | 26 |
| examine the other party's witnesses. In the case of a prima | 27 |
| facie violation, it shall be the burden of the defendant to | 28 |
| rebut the charge by the preponderance of the evidence. In a | 29 |
| case of recruiting that does not involve a prima facie | 30 |
| violation, the plaintiff shall have the burden of proving its | 31 |
| case by the preponderance of the evidence. | 32 |
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The matter shall be reviewable in the circuit court in the | 33 |
| county where the defendant school has its principal place of | 34 |
| business, as provided under the Uniform Arbitration Act. If the |
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| provisions of the Uniform Arbitration Act are contrary to this | 2 |
| Act, this Act governs.".
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