Friday, March 19, 2010
sponsored by Graue Inc. & Illini Bank

County to change insurance carrier

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[March 19, 2010]  Logan County Board members learned at Thursday's workshop session that the low bidder for the county's liability insurance is Houston Casualty. The premium will be $173,658 for the next year. This is approximately $20,000 less than the past year. The new carrier will have a $5,000 deductible, up $2,500 from the current year with St. Paul.

In other action, tentative approval was given to the new truancy ordinance. Law enforcement chairman Mike McIntosh told board members all questions and concerns by the public had been addressed.

The county truancy ordinance has been modeled on the state's ordinance. See copy below.

Terry Werth, liquor chairman, advised that all licenses had been paid and renewed prior to the expiration date. Werth also advised the board that hotel-motel taxes are running 10 percent to 15 percent above average, and tourism is a big contributor to the growth.

[Dale Voyles]

Truancy ordinance

Truancy Ordinance "A"

Section 1. Declaration

The Logan County Board declares that when school is in session, with limited exceptions, school-aged children should be in school. To promote school attendance, we hereby make it unlawful;

(a) for a school-aged child age ten (10) or older to be truant, and

(b) for whoever has custody or control of a school-aged child under age ten (10) to allow such child to be truant.

Section 2. Definitions

The following words, terms and phrases when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "School-aged child" means a person who is between the ages of seven (7) and seventeen (17).

(b) "Truant" means a school-aged child subject to compulsory school attendance and who is absent from such attendance for a school day or portion thereof.

(c) "Valid cause" for absence shall be illness, observance of a religious holiday, death in the immediate family, family emergency, and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student.

Section 3. Prohibition

(a) Outside of the corporate boundaries of any incorporated city, village or town in this county, it is unlawful for a school-aged child age ten (10) or older to be truant.

(b) Outside of the corporate boundaries of any incorporated city, village or town in this county, it is unlawful for the parent or legal guardian of a school-aged child under age ten (10) to allow the child to be truant.

Section 4. Defense

It shall be a defense to a violation of this ordinance that the child is not attending school because he or she has a valid cause as defined in §2 when the child's parent or legal guardian had informed an appropriate school official that the child will be absent prior to time the child was discovered to be truant by the school truancy officer or other appropriate school official.

Section 5. Exemptions

The following school-aged children shall be exempt from the truancy prohibition.

(a) Any school-aged child attending a school-sanctioned event away from school grounds with the school's permission.

(b) Any child over 12 and under 14 years of age while in attendance at confirmation classes.

(c) Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language.

(d) Any child necessarily and lawfully employed according to the provisions of the law regulating child labor may be excused from attendance at school by the Regional Superintendent of Schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides.

(e) Any school-aged child who is excused for the lunch period pursuant to the rules of the school in which the child is enrolled.

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(f) Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends; the exemptions in this paragraph (f) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician.

(g) Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study or work requirements on a particular day or days or at a particular time of day, because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. Each school board shall prescribe rules and regulations relative to absences for religious holidays including, but not limited to, a list of religious holidays on which it shall be mandatory to excuse a child; but nothing in this paragraph (g) shall be construed to limit the right of any school board, at its discretion, to excuse an absence on any other day by reason of the observance of a religious holiday. A school board may require the parent or guardian of a child who is to be excused from attending school due to the observance of a religious holiday to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Any child excused from attending school under this paragraph (g) shall not be required to submit a written excuse for such absence after returning to school.

(h) Any child 16 years of age or older who (i) submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of the Illinois School Code or an alternative learning opportunities program established pursuant to Article 13B of the Illinois School Code.

Section 6. Enforcement

The following persons are authorized to enforce and to issue citations for violations of this ordinance:

(a) Truancy case workers from the Logan-Mason-Menard Regional Office of Education #38.

(b) Administrative and truancy staff from Lincoln Community High School who have been authorized by the Superintendent of District 404 to issue citations for violations of this ordinance.

Section 7. Penalty

Any person convicted of a violation of subsection (a) or (b) of section 75 of this ordinance shall be punished by a fine of not more than $50.00 for the first offense, $75.00 for the second offense, and $100.00 for the third and subsequent offenses.

Section 8. Processing

(a) Citations shall be filed with the Logan County Clerk of the Circuit Court to be processed as the Circuit Court deems fit.

(b) The Logan County State's Attorney is authorized to prosecute violations as he or she deems fit.

This Ordinance shall be effective immediately upon adoption by the Logan County Board in open session by roll call vote this ________ day of 2007.

AYES _____

NAYS _____

PRESENT _____

ABSENT _____

Logan County Clerk

(SEAL)

Chairman of Logan County Board

[Text copied from scan of ordinance document]

 

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