Full Text of SB2864 95th General Assembly
SB2864ham001 95TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 5/21/2008
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| AMENDMENT TO SENATE BILL 2864
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| AMENDMENT NO. ______. Amend Senate Bill 2864 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 3. The School Code is amended by changing Section | 5 |
| 10-20.21 as follows:
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| (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
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| Sec. 10-20.21. Contracts.
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| (a)
To award all contracts for
purchase of supplies, | 9 |
| materials or work or contracts with private carriers
for | 10 |
| transportation of pupils involving an expenditure in excess of | 11 |
| $10,000
to the lowest responsible bidder, considering | 12 |
| conformity with
specifications, terms of delivery, quality and | 13 |
| serviceability, after due
advertisement, except the following: | 14 |
| (i) contracts for the services of
individuals possessing a high | 15 |
| degree of professional skill where the
ability or fitness of | 16 |
| the individual plays an important part; (ii)
contracts for the |
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| printing of finance committee reports and departmental
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| reports; (iii) contracts for the printing or engraving of | 3 |
| bonds, tax
warrants and other evidences of indebtedness; (iv) | 4 |
| contracts for the
purchase of perishable foods and perishable | 5 |
| beverages; (v) contracts for
materials and work which have been | 6 |
| awarded to the lowest responsible bidder
after due | 7 |
| advertisement, but due to unforeseen revisions, not the fault | 8 |
| of
the contractor for materials and work, must be revised | 9 |
| causing expenditures
not in excess of 10% of the contract | 10 |
| price; (vi)
contracts for the maintenance or servicing of, or | 11 |
| provision of
repair parts for, equipment which are made with | 12 |
| the manufacturer or
authorized service agent of that equipment | 13 |
| where the provision of parts,
maintenance, or servicing can | 14 |
| best be performed by the manufacturer or
authorized service | 15 |
| agent; (vii) purchases and contracts for the use,
purchase, | 16 |
| delivery, movement, or installation of data processing | 17 |
| equipment,
software, or services and telecommunications and | 18 |
| interconnect
equipment, software, and services; (viii) | 19 |
| contracts for duplicating
machines and supplies; (ix) | 20 |
| contracts for the purchase of natural gas when
the cost is less | 21 |
| than that offered by a public utility; (x) purchases of
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| equipment previously owned by some entity other than the | 23 |
| district
itself; (xi) contracts for repair, maintenance, | 24 |
| remodeling, renovation, or
construction, or a single project | 25 |
| involving an expenditure not to exceed
$20,000 and not | 26 |
| involving a change or increase in the size, type, or extent
of |
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| an existing facility; (xii) contracts for goods or services | 2 |
| procured
from another governmental agency; (xiii) contracts | 3 |
| for goods or services
which are economically procurable from | 4 |
| only one source, such as for the
purchase of magazines, books, | 5 |
| periodicals, pamphlets and reports, and for
utility services | 6 |
| such as water, light, heat, telephone or telegraph;
(xiv) where | 7 |
| funds are expended in an emergency and such emergency
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| expenditure is approved by 3/4 of the members of the board; and | 9 |
| (xv) State master contracts authorized under Article 28A of | 10 |
| this Code ; and (xvi) contracts providing for the transportation | 11 |
| of pupils with special needs or disabilities, which contracts | 12 |
| must be advertised in the same manner as competitive bids and | 13 |
| awarded by first considering the bidder or bidders most able to | 14 |
| provide safety and comfort for the pupils with special needs or | 15 |
| disabilities, stability of service, and any other factors set | 16 |
| forth in the request for proposal regarding quality of service, | 17 |
| and then price . | 18 |
| All competitive
bids for contracts involving an | 19 |
| expenditure in excess of $10,000 must be
sealed by the bidder | 20 |
| and must be opened by a member or employee of the
school board | 21 |
| at a public bid opening at which the contents of the bids
must | 22 |
| be announced. Each bidder must receive at least 3 days' notice | 23 |
| of the
time and place of the bid opening. For purposes of this | 24 |
| Section due
advertisement includes, but is not limited to, at | 25 |
| least one public notice
at least 10 days before the bid date in | 26 |
| a newspaper published in the
district, or if no newspaper is |
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| published in the district, in a newspaper
of general | 2 |
| circulation in the area of the district. State master contracts | 3 |
| and certified education purchasing contracts, as defined in | 4 |
| Article 28A of this Code, are not subject to the requirements | 5 |
| of this paragraph.
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| (b) To require, as a condition of any contract for goods | 7 |
| and services,
that persons
bidding for and awarded a contract | 8 |
| and all affiliates of the person collect and
remit
Illinois Use | 9 |
| Tax on all sales of tangible personal property into the State | 10 |
| of
Illinois in
accordance with the provisions of the Illinois | 11 |
| Use Tax Act regardless of whether
the
person or affiliate is a | 12 |
| "retailer maintaining a place of business within this
State" as
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| defined in Section 2 of the Use Tax Act. For purposes of this | 14 |
| Section, the term
"affiliate"
means any entity that (1) | 15 |
| directly, indirectly, or constructively controls
another | 16 |
| entity, (2)
is directly, indirectly, or constructively | 17 |
| controlled by another entity, or (3)
is subject to
the control | 18 |
| of a common entity. For purposes of this subsection (b), an | 19 |
| entity
controls
another entity if it owns, directly or | 20 |
| individually, more than 10% of the
voting
securities
of that | 21 |
| entity. As used in this subsection (b), the term "voting | 22 |
| security"
means a security
that (1) confers upon the holder the | 23 |
| right to vote for the election of members
of the board
of | 24 |
| directors or similar governing body of the business or (2) is | 25 |
| convertible
into, or entitles
the holder to receive upon its | 26 |
| exercise, a security that confers such a right
to
vote. A
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| general partnership interest is a voting security.
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| To require that bids and contracts include a certification | 3 |
| by the bidder
or
contractor that the bidder or contractor is | 4 |
| not barred from bidding for or
entering into a
contract under | 5 |
| this Section and that the bidder or contractor acknowledges | 6 |
| that
the school
board may declare the contract void if the | 7 |
| certification completed pursuant to
this
subsection (b) is | 8 |
| false.
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| (b-5) To require all contracts and agreements that pertain | 10 |
| to goods and services and that are intended to generate | 11 |
| additional revenue and other remunerations for the school | 12 |
| district in excess of $1,000, including without limitation | 13 |
| vending machine contracts, sports and other attire, class | 14 |
| rings, and photographic services, to be approved by the school | 15 |
| board. The school board shall file as an attachment to its | 16 |
| annual budget a report, in a form as determined by the State | 17 |
| Board of Education, indicating for the prior year the name of | 18 |
| the vendor, the product or service provided, and the actual net | 19 |
| revenue and non-monetary remuneration from each of the | 20 |
| contracts or agreements. In addition, the report shall indicate | 21 |
| for what purpose the revenue was used and how and to whom the | 22 |
| non-monetary remuneration was distributed.
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| (c) If the State education purchasing entity creates a | 24 |
| master contract as defined in Article 28A of this Code, then | 25 |
| the State education purchasing entity shall notify school | 26 |
| districts of the existence of the master contract. |
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| (d) In purchasing supplies, materials, equipment, or | 2 |
| services that are not subject to subsection (c) of this | 3 |
| Section, before a school district solicits bids or awards a | 4 |
| contract, the district may review and consider as a bid under | 5 |
| subsection (a) of this Section certified education purchasing | 6 |
| contracts that are already available through the State | 7 |
| education purchasing entity. | 8 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | 9 |
| 94-714, eff. 7-1-06 .)
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| Section 5. The School Code is amended by adding Section | 11 |
| 22-50 and changing Section 29-6.3 as follows: | 12 |
| (105 ILCS 5/22-50 new) | 13 |
| Sec. 22-50. Twice-exceptional children; recommendations. | 14 |
| The State Advisory Council on the Education of Children with | 15 |
| Disabilities and the Advisory Council on the Education of | 16 |
| Gifted and Talented Children shall research and discuss best | 17 |
| practices for addressing the needs of "twice-exceptional" | 18 |
| children, those who are gifted and talented and have a | 19 |
| disability. The Councils shall then jointly make | 20 |
| recommendations to the State Board of Education with respect to | 21 |
| the State Board of Education providing guidance and technical | 22 |
| assistance to school districts in furthering improved | 23 |
| educational outcomes for gifted and twice-exceptional | 24 |
| children. Recommendations shall include strategies to
(i) |
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| educate teachers and other providers about the unique needs of | 2 |
| this population, (ii) train teachers in target, | 3 |
| research-based, identification and pedagogical methods, and | 4 |
| (iii) establish guidelines for unique programming for | 5 |
| twice-exceptional students. | 6 |
| Notwithstanding any other rulemaking authority that may | 7 |
| exist, neither the Governor nor any agency or agency head under | 8 |
| the jurisdiction of the Governor has any authority to make or | 9 |
| promulgate rules to implement or enforce the provisions of this | 10 |
| amendatory Act of the 95th General Assembly amending this Code | 11 |
| under Section 5 of the amendatory Act. If, however, the | 12 |
| Governor believes that rules are necessary to implement or | 13 |
| enforce the provisions of this amendatory Act of the 95th | 14 |
| General Assembly amending this Code under Section 5 of the | 15 |
| amendatory Act, the Governor may suggest rules to the General | 16 |
| Assembly by filing them with the Clerk of the House and the | 17 |
| Secretary of the Senate and by requesting that the General | 18 |
| Assembly authorize such rulemaking by law, enact those | 19 |
| suggested rules into law, or take any other appropriate action | 20 |
| in the General Assembly's discretion. Nothing contained in this | 21 |
| amendatory Act of the 95th General Assembly amending this Code | 22 |
| under Section 5 of the amendatory Act shall be interpreted to | 23 |
| grant rulemaking authority under any other Illinois statute | 24 |
| where such authority is not otherwise explicitly given. For the | 25 |
| purposes of this amendatory Act of the 95th General Assembly, | 26 |
| "rules" is given the meaning contained in Section 1-70 of the |
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| Illinois Administrative Procedure Act, and "agency" and | 2 |
| "agency head" are given the meanings contained in Sections 1-20 | 3 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 4 |
| extent that such definitions apply to agencies or agency heads | 5 |
| under the jurisdiction of the Governor.
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| (105 ILCS 5/29-6.3)
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| Sec. 29-6.3. Transportation to and from specified | 8 |
| interscholastic or school-sponsored
school sponsored | 9 |
| activities. | 10 |
| (a) Any school district transporting students in grade 12 | 11 |
| or below for an interscholastic, interscholastic athletic, or | 12 |
| school-sponsored, noncurriculum-related activity that (i) does | 13 |
| not require student participation as part of the educational | 14 |
| services of the district and (ii) is not associated with the | 15 |
| students' regular class-for-credit schedule or required 5 | 16 |
| clock hours of instruction shall transport the students only in | 17 |
| a school bus, a vehicle manufactured to transport not more than | 18 |
| 10 persons, including the driver, or a multifunction | 19 |
| school-activity bus manufactured to transport not more than 15 | 20 |
| persons, including the driver. | 21 |
| (b) Any school district furnishing transportation for | 22 |
| students under the authority of this Section shall insure | 23 |
| against any loss or liability of the district resulting from | 24 |
| the maintenance, operation, or use of the vehicle. | 25 |
| (c) Vehicles used to transport students under this Section |
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| may claim a depreciation allowance of 20% over 5 years as | 2 |
| provided in Section 29-5 of this Code. Any school district may | 3 |
| transport not more
than 15 students to and from an | 4 |
| interscholastic athletic or other
interscholastic or school | 5 |
| sponsored activity in a motor vehicle designed for
the | 6 |
| transportation of not less than 7 nor more than 16 persons, | 7 |
| commonly
referred to as a van, provided that the van is | 8 |
| operated by or for the
district and provided further that any
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| school district furnishing transportation for students under | 10 |
| the authority
of this Section shall insure against any loss or | 11 |
| liability of the district
resulting from the maintenance, | 12 |
| operation, or use of the vehicle.
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| (d) Notwithstanding any other rulemaking authority that | 14 |
| may exist, neither the Governor nor any agency or agency head | 15 |
| under the jurisdiction of the Governor has any authority to | 16 |
| make or promulgate rules to implement or enforce the provisions | 17 |
| of this amendatory Act of the 95th General Assembly amending | 18 |
| this Code under Section 5 of the amendatory Act. If, however, | 19 |
| the Governor believes that rules are necessary to implement or | 20 |
| enforce the provisions of this amendatory Act of the 95th | 21 |
| General Assembly amending this Code under Section 5 of the | 22 |
| amendatory Act, the Governor may suggest rules to the General | 23 |
| Assembly by filing them with the Clerk of the House and the | 24 |
| Secretary of the Senate and by requesting that the General | 25 |
| Assembly authorize such rulemaking by law, enact those | 26 |
| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this | 2 |
| amendatory Act of the 95th General Assembly amending this Code | 3 |
| under Section 5 of the amendatory Act shall be interpreted to | 4 |
| grant rulemaking authority under any other Illinois statute | 5 |
| where such authority is not otherwise explicitly given. For the | 6 |
| purposes of this amendatory Act of the 95th General Assembly, | 7 |
| "rules" is given the meaning contained in Section 1-70 of the | 8 |
| Illinois Administrative Procedure Act, and "agency" and | 9 |
| "agency head" are given the meanings contained in Sections 1-20 | 10 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 11 |
| extent that such definitions apply to agencies or agency heads | 12 |
| under the jurisdiction of the Governor. | 13 |
| (Source: P.A. 89-132, eff. 7-14-95; 89-608, eff. 8-2-96; | 14 |
| 89-626, eff.
8-9-96.)
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| Section 10. The Illinois Vehicle Code is amended by | 16 |
| changing Sections 1-182 and 11-1414.1 as follows:
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| (625 ILCS 5/1-182) (from Ch. 95 1/2, par. 1-182)
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| Sec. 1-182. School bus.
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| (a) "School bus" means every motor
vehicle, except as | 20 |
| provided in paragraph (b) of this Section, owned
or operated by | 21 |
| or for any of the following entities for the transportation of
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| persons
regularly enrolled as students in grade 12 or below
in | 23 |
| connection with any activity of such entity:
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| Any public or private primary or secondary school;
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| Any primary or secondary school operated by a religious | 2 |
| institution; or
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| Any public, private or religious nursery school.
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| (b) This definition shall not include the following:
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| 1. A bus operated by a public utility, municipal | 6 |
| corporation
or common carrier authorized to conduct local | 7 |
| or interurban transportation
of passengers when such bus is | 8 |
| not traveling a specific school bus route but
is:
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| On a regularly scheduled route for the
transportation | 10 |
| of other fare paying passengers;
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| Furnishing charter
service for the transportation of | 12 |
| groups on field trips or other special
trips or in | 13 |
| connection with other special events; or
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| Being used for shuttle service
between attendance | 15 |
| centers or other educational facilities.
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| 2. A motor vehicle of the First Division.
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| 3. A multifunction school-activity bus. "Multifunction | 18 |
| school-activity bus" means a vehicle manufactured for the | 19 |
| purpose of transporting 11 to 15 persons, including the | 20 |
| driver. Notwithstanding any other rulemaking authority | 21 |
| that may exist, neither the Governor nor any agency or | 22 |
| agency head under the jurisdiction of the Governor has any | 23 |
| authority to make or promulgate rules to implement or | 24 |
| enforce the provisions of this amendatory Act of the 95th | 25 |
| General Assembly amending this Code. If, however, the | 26 |
| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th | 2 |
| General Assembly amending this Code, the Governor may | 3 |
| suggest rules to the General Assembly by filing them with | 4 |
| the Clerk of the House and the Secretary of the Senate and | 5 |
| by requesting that the General Assembly authorize such | 6 |
| rulemaking by law, enact those suggested rules into law, or | 7 |
| take any other appropriate action in the General Assembly's | 8 |
| discretion. Nothing contained in this amendatory Act of the | 9 |
| 95th General Assembly amending this Code shall be | 10 |
| interpreted to grant rulemaking authority under any other | 11 |
| Illinois statute where such authority is not otherwise | 12 |
| explicitly given. For the purposes of this amendatory Act | 13 |
| of the 95th General Assembly, "rules" is given the meaning | 14 |
| contained in Section 1-70 of the Illinois Administrative | 15 |
| Procedure Act, and "agency" and "agency head" are given the | 16 |
| meanings contained in Sections 1-20 and 1-25 of the | 17 |
| Illinois Administrative Procedure Act to the extent that | 18 |
| such definitions apply to agencies or agency heads under | 19 |
| the jurisdiction of the Governor. A motor vehicle designed | 20 |
| for the transportation of not less than 7
nor more than 16 | 21 |
| persons that is operated by or for a public or private
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| primary or secondary school, including any primary or | 23 |
| secondary school
operated by a religious institution, for | 24 |
| the purpose of transporting not
more than 15 students to | 25 |
| and from interscholastic athletic or other
interscholastic | 26 |
| or school sponsored activities.
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| (Source: P.A. 89-132, eff. 7-14-95.)
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| (625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1)
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| Sec. 11-1414.1. School transportation of students.
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| (a) Every student enrolled in grade 12 or below in any | 5 |
| entity listed in subsection (a) of Section 1-182 of this Code | 6 |
| must be transported in a school bus or a vehicle described in | 7 |
| subdivision (1) or (2) of subsection (b) of Section 1-182 of | 8 |
| this Code for any curriculum-related school activity. | 9 |
| "Curriculum-related school activity" as used in this | 10 |
| subsection (a) includes transportation from home to school or | 11 |
| from school to home, tripper or shuttle service between school | 12 |
| attendance centers, transportation to a vocational or career | 13 |
| center or other trade-skill development site or a regional safe | 14 |
| school or other school-sponsored alternative learning program, | 15 |
| or a trip that is directly related to the regular curriculum of | 16 |
| a student for which he or she earns credit. Every student
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| enrolled in grade 12 or below in any entity listed in paragraph | 18 |
| (a) of Section
1-182 of this Code who is transported in a | 19 |
| second division motor vehicle
owned or operated by or for that | 20 |
| entity, in connection with any official
activity
of such | 21 |
| entity, must be transported in a school bus or a bus described | 22 |
| in
subparagraph (1) of paragraph (b) of Section 1-182.
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| (b) Every student enrolled in grade 12 or below in any | 24 |
| entity listed in subsection (a) of Section 1-182 of this Code | 25 |
| who is transported in a vehicle that is being operated by or |
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| for a public or private primary or secondary school, including | 2 |
| any primary or secondary school operated by a religious | 3 |
| institution, for an interscholastic, interscholastic-athletic, | 4 |
| or school-sponsored, noncurriculum-related activity that (i) | 5 |
| does not require student participation as part of the | 6 |
| educational services of the entity and (ii) is not associated | 7 |
| with the students' regular class-for-credit schedule shall | 8 |
| transport students only in a school bus or vehicle described in | 9 |
| subsection (b) of Section 1-182 of this Code. This subsection | 10 |
| (b) does not apply to any second division vehicle used by an | 11 |
| entity listed in subsection (a) of Section 1-182 of this Code | 12 |
| for a parade, homecoming, or a similar noncurriculum-related | 13 |
| school activity. This Section shall not apply to any second | 14 |
| division vehicle being
used by such entity in a parade, | 15 |
| homecoming or similar school activity, nor
to a motor vehicle | 16 |
| designed for the transportation of not less than 7
nor more | 17 |
| than 16 persons while that vehicle is being operated by or for | 18 |
| a
public or private primary or secondary school, including any | 19 |
| primary or
secondary school operated by a religious | 20 |
| institution, for the purpose of
transporting not more than 15 | 21 |
| students to and from interscholastic athletic
or other | 22 |
| interscholastic or school sponsored activities.
| 23 |
| (c) Notwithstanding any other rulemaking authority that | 24 |
| may exist, neither the Governor nor any agency or agency head | 25 |
| under the jurisdiction of the Governor has any authority to | 26 |
| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly amending | 2 |
| this Code. If, however, the Governor believes that rules are | 3 |
| necessary to implement or enforce the provisions of this | 4 |
| amendatory Act of the 95th General Assembly amending this Code, | 5 |
| the Governor may suggest rules to the General Assembly by | 6 |
| filing them with the Clerk of the House and the Secretary of | 7 |
| the Senate and by requesting that the General Assembly | 8 |
| authorize such rulemaking by law, enact those suggested rules | 9 |
| into law, or take any other appropriate action in the General | 10 |
| Assembly's discretion. Nothing contained in this amendatory | 11 |
| Act of the 95th General Assembly amending this Code shall be | 12 |
| interpreted to grant rulemaking authority under any other | 13 |
| Illinois statute where such authority is not otherwise | 14 |
| explicitly given. For the purposes of this amendatory Act of | 15 |
| the 95th General Assembly, "rules" is given the meaning | 16 |
| contained in Section 1-70 of the Illinois Administrative | 17 |
| Procedure Act, and "agency" and "agency head" are given the | 18 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 19 |
| Administrative Procedure Act to the extent that such | 20 |
| definitions apply to agencies or agency heads under the | 21 |
| jurisdiction of the Governor. | 22 |
| (Source: P.A. 89-132, eff. 7-14-95.)
| 23 |
| Section 90. The State Mandates Act is amended by adding | 24 |
| Section 8.32 as follows: |
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| (30 ILCS 805/8.32 new) | 2 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this Act, no reimbursement by the State is required for the | 4 |
| implementation of any mandate created by this amendatory Act of | 5 |
| the 95th General Assembly.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law, except that the provisions changing Section | 8 |
| 10-20.21 of the School Code take effect January 1, 2009 and the | 9 |
| provisions changing Section 29-6.3 of the School Code and | 10 |
| Sections 1-182 and 11-1414.1 of the Illinois Vehicle Code take | 11 |
| effect July 1, 2009.".
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