State of Illinois
90th General Assembly
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90_SB0501

      105 ILCS 5/17-8           from Ch. 122, par. 17-8
          Amends the School Code.  Authorizes a school district  to
      use  moneys in its transportation fund to install, construct,
      maintain, and repair sidewalks if installing those  sidewalks
      eliminates  a  serious  safety  hazard that is serving as the
      authority for a school board to provide  free  transportation
      to  pupils  who  reside within 1 1/2 miles of the school they
      attend.  Prohibits  the  district  from  claiming  any  State
      transportation  or  other  reimbursement  for  the  costs  of
      installing,  constructing,  maintaining,  or  repairing those
      sidewalks.
                                                     LRB9001814THpk
                                               LRB9001814THpk
 1        AN ACT to amend the School Code by changing Section 17-8.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  School  Code  is  amended  by changing
 5    Section 17-8 as follows:
 6        (105 ILCS 5/17-8) (from Ch. 122, par. 17-8)
 7        Sec. 17-8.  Transportation costs paid from transportation
 8    fund.
 9        (a)  Any  transportation  operating  costs  incurred  for
10    transporting pupils to and from school and  school  sponsored
11    activities and the costs of acquiring equipment shall be paid
12    from a transportation fund to consist of moneys received from
13    any  tax  levy  for  such  purpose,  state  reimbursement for
14    transportation, except as provided in Section 29-5, all funds
15    received from other districts for transporting pupils and any
16    charges for transportation services rendered  to  individuals
17    or auxiliary enterprises of the school.
18        (b)  If    a    school   district   is   providing   free
19    transportation for pupils who reside within 1 1/2 miles  from
20    the  school  they  attend but in an area where conditions are
21    such that walking constitutes a serious hazard to the  safety
22    of  those pupils as determined under Section 29-3, the school
23    board may pay from  its  transportation  fund  the  costs  of
24    installing,    constructing,   maintaining,   and   repairing
25    sidewalks within that 1 1/2 mile area if  the  school  board,
26    the  State Superintendent of Education, and the Department of
27    Transportation,  acting  in  accordance  with  Section  29-3,
28    determine and decide that the installation of those sidewalks
29    will eliminate the serious safety hazard that is  serving  as
30    the   authority   for   the  school  board  to  provide  free
31    transportation for pupils residing in that area.  Although  a
                            -2-                LRB9001814THpk
 1    school  board  may  use the moneys in its transportation fund
 2    for the purposes authorized by this subsection, whether those
 3    moneys represent proceeds received by the district  from  the
 4    levy   of  its  tax  for  transportation  purposes  or  State
 5    reimbursement for transportation  received  by  the  district
 6    under  Section 29-5 or any other provision of Article 29, the
 7    school district is not entitled to  any  State  reimbursement
 8    for any costs incurred by the district to install, construct,
 9    maintain,  or  repair  sidewalks  as  authorized  under  this
10    subsection and may not include all or any part of those costs
11    in any claim for State reimbursement filed under Section 29-5
12    or any other provision of this Code.
13        (c)  For   the   purpose   of  this  Act  "transportation
14    operating cost" shall include all  costs  of  transportation,
15    including the costs of installing, constructing, maintaining,
16    and  repairing  sidewalks  pursuant to subsection (b), except
17    interest and rental of building facilities.
18    (Source: P.A. 85-581.)

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