Bill Text: IL SB1799 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Transportation Article of the School Code. Allows the use of a multi-function school activity bus (MFSAB) that is manufactured to transport not more than 15 persons, including the driver, or a vehicle manufactured to transport not more than 10 persons, including the driver, for the transportation of students in any of grades 9 through 12 or who attends an alternative education program operated by a regional office of education for any curriculum-related activity (other than for transportation to and from home on regular bus routes) if the driver (i) holds a minimum of a valid driver's license and (ii) is an employee or contractual employee of the school district or alternative education program or of a third-party contractor (rather than allowing the use of an MFSAB for transporting students in grades 9 through 12 only if the driver holds a valid school bus driver permit). Makes a conforming change to the Illinois Vehicle Code. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-09 - Referred to Assignments [SB1799 Detail]
Download: Illinois-2023-SB1799-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||||
5 | 29-6.3 as follows:
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6 | (105 ILCS 5/29-6.3)
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7 | Sec. 29-6.3. Transportation to and from specified | |||||||||||||||||||||
8 | interscholastic or school-sponsored
activities. | |||||||||||||||||||||
9 | (a) Any school district transporting students in grade 12 | |||||||||||||||||||||
10 | or below for an interscholastic, interscholastic athletic, or | |||||||||||||||||||||
11 | school-sponsored, noncurriculum-related activity that (i) does | |||||||||||||||||||||
12 | not require student participation as part of the educational | |||||||||||||||||||||
13 | services of the district and (ii) is not associated with the | |||||||||||||||||||||
14 | students' regular class-for-credit schedule or required 5 | |||||||||||||||||||||
15 | clock hours of instruction under Section 10-19.05 shall | |||||||||||||||||||||
16 | transport the students only in a school bus, a vehicle | |||||||||||||||||||||
17 | manufactured to transport not more than 10 persons, including | |||||||||||||||||||||
18 | the driver, or a multifunction school-activity bus | |||||||||||||||||||||
19 | manufactured to transport not more than 15 persons, including | |||||||||||||||||||||
20 | the driver. | |||||||||||||||||||||
21 | (a-5) A student in any of grades 9 through 12 or who | |||||||||||||||||||||
22 | attends an alternative education program operated by a | |||||||||||||||||||||
23 | regional office of education may be transported in a |
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1 | multi-function school activity bus (MFSAB) as defined in | ||||||
2 | Section 1-148.3a-5 of the Illinois Vehicle Code that is | ||||||
3 | manufactured to transport not more than 15 persons, including | ||||||
4 | the driver, or a vehicle manufactured to transport not more | ||||||
5 | than 10 persons, including the driver, for any | ||||||
6 | curriculum-related activity except for transportation on | ||||||
7 | regular bus routes from home to school or from school to home, | ||||||
8 | subject to the following conditions: | ||||||
9 | (i) The MFSAB or vehicle may be used to transport | ||||||
10 | students under this subsection if the driver holds a | ||||||
11 | minimum of a valid driver's license and is an employee or | ||||||
12 | contractual employee of the school district or alternative | ||||||
13 | education program or of a third-party contractor. A MFSAB | ||||||
14 | may not be used to transport students under this Section | ||||||
15 | unless the driver holds a valid school bus driver permit. | ||||||
16 | (ii) The use of a MFSAB under this Section is subject | ||||||
17 | to the requirements of Sections 6-106.11, 6-106.12, | ||||||
18 | 12-707.01, 13-101, and 13-109 of the Illinois Vehicle | ||||||
19 | Code. | ||||||
20 | (b) Any school district or regional office of education | ||||||
21 | furnishing transportation for students under the authority of | ||||||
22 | this Section shall insure against any loss or liability of the | ||||||
23 | district or regional office of education resulting from the | ||||||
24 | maintenance, operation, or use of the vehicle. | ||||||
25 | (c) Vehicles used to transport students under this Section | ||||||
26 | may claim a depreciation allowance of 20% over 5 years as |
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1 | provided in Section 29-5 of this Code.
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2 | (Source: P.A. 101-12, eff. 7-1-19.)
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3 | Section 10. The Illinois Vehicle Code is amended by | ||||||
4 | changing Section 11-1414.1 as follows:
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5 | (625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1)
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6 | Sec. 11-1414.1. School transportation of students.
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7 | (a) Every student enrolled in grade 12 or below in any | ||||||
8 | entity listed in subsection (a) of Section 1-182 of this Code | ||||||
9 | must be transported in a school bus or a vehicle described in | ||||||
10 | subdivision (1) or (2) of subsection (b) of Section 1-182 of | ||||||
11 | this Code for any curriculum-related school activity, except | ||||||
12 | that unless subsection (a-5) of Section 29-6.3 of the School | ||||||
13 | Code provides otherwise, a student in any of grades 9 through | ||||||
14 | 12 or a student in any of grades K through 12 with an | ||||||
15 | Individualized Education Plan (IEP) with a staff to student | ||||||
16 | ratio of 1 to 5, and attending Acacia Academy, Alexander | ||||||
17 | Leigh, Marklund, Helping Hands Center, Connections | ||||||
18 | Organization, Soaring Eagle Academy, or New Horizon Academy | ||||||
19 | may be transported in a multi-function school activity bus | ||||||
20 | (MFSAB) as defined in Section 1-148.3a-5 of this Code for any | ||||||
21 | curriculum-related activity except for transportation on | ||||||
22 | regular bus routes from home to school or from school to home, | ||||||
23 | subject to the following conditions: | ||||||
24 | (i) A MFSAB may not be used to transport students |
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1 | under this Section unless the driver holds a valid school | ||||||
2 | bus driver permit. | ||||||
3 | (ii) The use of a MFSAB under this Section is subject | ||||||
4 | to the requirements of Sections 6-106.11, 6-106.12, | ||||||
5 | 12-707.01, 13-101, and 13-109 of this Code. | ||||||
6 | "Curriculum-related school activity" as used in this | ||||||
7 | subsection (a) includes transportation from home to school or | ||||||
8 | from school to home, tripper or shuttle service between school | ||||||
9 | attendance centers, transportation to a vocational or career | ||||||
10 | center or other trade-skill development site or a regional | ||||||
11 | safe school or other school-sponsored alternative learning | ||||||
12 | program, or a trip that is directly related to the regular | ||||||
13 | curriculum of a student for which he or she earns credit.
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14 | (b) Every student enrolled in grade 12 or below in any | ||||||
15 | entity listed in subsection (a) of Section 1-182 of this Code | ||||||
16 | who is transported in a vehicle that is being operated by or | ||||||
17 | for a public or private primary or secondary school, including | ||||||
18 | any primary or secondary school operated by a religious | ||||||
19 | institution, for an interscholastic, | ||||||
20 | interscholastic-athletic, or school-sponsored, | ||||||
21 | noncurriculum-related activity that (i) does not require | ||||||
22 | student participation as part of the educational services of | ||||||
23 | the entity and (ii) is not associated with the students' | ||||||
24 | regular class-for-credit schedule shall transport students | ||||||
25 | only in a school bus or vehicle described in subsection (b) of | ||||||
26 | Section 1-182 of this Code. A student participating in an |
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1 | agrarian-related activity may also be transported in a second | ||||||
2 | division pick-up truck registered under paragraph 7 of | ||||||
3 | subsection (b) of Section 3-808.1. For purposes of this | ||||||
4 | subsection, "pick-up truck" means a truck weighing 12,000 | ||||||
5 | pounds or less with an enclosed cabin that can seat up to 6 | ||||||
6 | passengers with seatbelts, including the driver, and an open | ||||||
7 | cargo area. This subsection (b) does not apply to any second | ||||||
8 | division vehicle used by an entity listed in subsection (a) of | ||||||
9 | Section 1-182 of this Code for a parade, homecoming, or a | ||||||
10 | similar noncurriculum-related school activity.
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11 | (Source: P.A. 102-544, eff. 8-20-21.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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