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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_SB0031
20 ILCS 405/35.10 new
105 ILCS 5/29-18 new
625 ILCS 5/807.2 new
Amends the School Code, Illinois Vehicle Code, and the
Civil Administrative Code of Illinois. Establishes a
matching grant reimbursement program under which school
districts are reimbursed, from a separate appropriation made
for that purpose, for one-third of the approved additional
costs which they incur as a result of the installation of
crossing control arms on school buses. Subject to a limited
exemption for school buses from sister states, prohibits
operating a school bus in Illinois after December 31, 1997
unless the bus is equipped with a crossing control arm
meeting standards promulgated by the Department of
Transportation. Provides that if a school bus is
manufactured after December 31, 1997 the crossing control arm
must be installed by the original bus body manufacturer.
Provides that if the crossing control arms are installed on
buses manufactured before December 31, 1997 on school buses
owned, purchased, or leased by a school district, the
district, in order to qualify for matching grant
reimbursement, must purchase the crossing control arms from
the Department of Central Management Services. Provides for
the Department of Central Management Services to purchase or
contract for the purchase of crossing control arms and to
sell them to school districts at the competitively bid State
contract price. Adds provisions relative to the procedure
for obtaining reimbursement. Effective July 1, 1997.
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1 AN ACT relating to school buses, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by adding Section 35.10 as follows:
6 (20 ILCS 405/35.10 new)
7 Sec. 35.10. School bus crossing control arms. The
8 Department of Central Management Services is authorized to
9 enter into contracts for the purchase of and to purchase
10 crossing control arms, meeting equipment standards
11 promulgated by the Department of Transportation under Section
12 12-807.2 of the Illinois Vehicle Code, to be installed on
13 school buses that are manufactured before January 1, 1998 and
14 that are owned, purchased, or leased by school districts for
15 transportation of their pupils.
16 Contracts entered into by the Department under this
17 Section shall recite that they are subject to termination and
18 cancellation in any year for which the General Assembly fails
19 to make an appropriation to make payments under the terms of
20 the contracts.
21 Crossing control arms meeting the applicable Department
22 of Transportation standards shall be purchased or contracted
23 to be purchased by the Department of Central Management
24 Services for the use of and sale to school districts, as
25 provided in this Section, under procedures established by the
26 Director to implement the provisions of this Section. The
27 competitive bidding and economical procurement practices
28 applicable under the Illinois Purchasing Act to the purchase
29 of or contracts for the purchase of equipment by the
30 Department or by the Department for other State agencies
31 shall apply to all contracts let under this Section for the
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1 purchase of crossing control arms by the Department.
2 The Department shall make the crossing control arms
3 purchased by it under this Section available for sale to and
4 purchase by school districts at the same contract price at
5 which the crossing control arms were purchased by the
6 Department.
7 All funds received by the Department from school
8 districts purchasing crossing control arms from the
9 Department shall be transmitted, as received by the
10 Department, to the State Treasurer for deposit into the State
11 Treasury.
12 Section 10. The School Code is amended by adding Section
13 29-18 as follows:
14 (105 ILCS 5/29-18 new)
15 Sec. 29-18. Crossing control arms; matching grant
16 reimbursement program.
17 (a) A matching grant reimbursement program is hereby
18 created for the benefit of each school district that incurs
19 approved additional costs for either or both of the following
20 purposes:
21 (1) the purchase and installation, after the
22 effective date of this amendatory Act of 1996 and in
23 accordance with equipment and installation standards
24 promulgated by the Department of Transportation under
25 Section 12-807.2 of the Illinois Vehicle Code, of
26 crossing control arms on school buses that (i) are
27 manufactured before January 1, 1998, and (ii) are owned,
28 purchased, or leased by a school district for the
29 transportation of its pupils;
30 (2) purchasing, leasing, or contracting for the
31 transportation of its pupils on school buses that, in
32 order to comply with the provisions of Section 12-807.2
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1 of the Illinois Vehicle Code, have been equipped with
2 crossing control arms meeting equipment and installation
3 standards promulgated by the Department of Transportation
4 under that Section.
5 (b) Under the matching grant program, the amount of a
6 school district's reimbursement grant for a fiscal year shall
7 be equal to one-third of the approved additional costs
8 incurred by a school district during that fiscal year for the
9 purposes described in subsection (a) of this Section 29-18.
10 A school district that contracts for the transportation of
11 its pupils on school buses that, in order to comply with the
12 provisions of Section 12-807.2 of the Illinois Vehicle Code,
13 have been equipped with crossing control arms as provided in
14 part (2) of subsection (a) of this Section 29-18 may claim
15 matching grant reimbursement under this Section for one-third
16 of any approved increase in its contract costs to the
17 contractor resulting therefrom.
18 (c) In order for a school district to claim matching
19 grant reimbursement under this Section for one-third of the
20 approved additional costs incurred by the district for the
21 purchase and installation of crossing control arms on school
22 buses under the provisions of part (1) of subsection (a) of
23 this Section, the district is required to purchase, at the
24 applicable State bid price determined under Section 35.10 of
25 the Civil Administrative Code, crossing control arms that
26 have been procured by the Department of Central Management
27 Services under that Section for the use of and sale to school
28 districts.
29 (d) The State Board of Education shall administer the
30 provisions of this Section and shall prescribe uniform
31 procedures and regulations governing the manner of applying
32 for matching grant reimbursement and for determining whether
33 the reimbursement is claimed only for those increased costs
34 that result from equipping school buses with crossing control
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1 arms that meet the equipment and installation standards
2 promulgated by the Department of Transportation under Section
3 12-807.2 of the Illinois Vehicle Code. The State Board of
4 Education shall also prescribe forms of cost accounting for
5 use in supporting matching grant reimbursement claims under
6 this Section.
7 (e) On or before July 10, 1998, and on or before July 10
8 of each year thereafter, the school district shall certify to
9 the regional superintendent of schools upon forms prescribed
10 by the State Superintendent of Education the district's claim
11 for matching grant reimbursement for the school year ended on
12 June 30 next preceding. The regional superintendent of
13 schools shall check all claims to ascertain compliance with
14 the required procedures and upon approval shall certify not
15 later than July 25 to the State Superintendent of Education
16 the regional report of claims for matching grant
17 reimbursements. The State Superintendent of Education shall
18 review all claims and upon approval shall transmit by
19 September 15 the State report of claims along with vouchers
20 authorizing payment thereof to the State Comptroller. The
21 regional superintendents shall make the payments to their
22 respective school districts as soon as possible after receipt
23 of the warrants from the State Treasurer.
24 (f) The amount available for reimbursement under this
25 Section shall be from a separate appropriation made solely
26 for purposes of this Section. If the amount appropriated for
27 purposes of this Section is insufficient to fund total claims
28 for any fiscal year, the State Board of Education shall
29 reduce each school district's matching grant proportionately.
30 (g) Failure on the part of the school board to prepare
31 and certify the report of matching grant reimbursement claims
32 due under this Section on or before July 10 of any year, and
33 its failure thereafter to prepare and certify such report to
34 the regional superintendent of schools within 10 days after
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1 receipt of notice of such delinquency sent to it by the State
2 Superintendent of Education by certified mail, return receipt
3 requested, shall constitute a forfeiture by the school
4 district of its right to be reimbursed by the State under
5 this Section.
6 (h) Notwithstanding the foregoing provisions of this
7 Section, no claim for reimbursement shall be made, approved
8 or paid under this Section with respect to any additional
9 costs incurred by a school district resulting from equipping
10 school buses with crossing control arms pursuant to this
11 Section or as required for compliance with Section 12-807.2
12 of the Illinois Vehicle Code if any part of such additional
13 costs is included as an allowable direct cost, depreciation
14 allowance, special education allowable cost or indirect
15 allowable or other cost of transporting pupils in any claim
16 for reimbursement made under Section 29-5.
17 Section 15. The Illinois Vehicle Code is amended by
18 adding Section 12-807.2 as follows:
19 (625 ILCS 5/807.2 new)
20 Sec. 12-807.2. Crossing control arms.
21 (a) No Type I or Type II school bus may be operated or
22 used as a school bus within this State after December 31,
23 1997 unless that bus is equipped with a crossing control arm
24 on the front of the bus that conforms to equipment and
25 installation standards that the Department shall promulgate
26 for purposes of this subsection.
27 (b) If a Type I or Type II school bus is manufactured
28 after December 31, 1997, that bus shall not be sold for use
29 as, or purchased for the use as, or used as a school bus
30 within this State unless that bus is equipped with a crossing
31 control arm that is installed on the front of the bus by the
32 original bus body manufacturer and that conforms to equipment
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1 and installation standards that the Department shall
2 promulgate for purposes of this subsection.
3 (c) A crossing control arm meeting standards promulgated
4 by the Department under this Section shall be designed to
5 swing out from the front of a school bus when the bus stops
6 and opens its doors while school children enter or exit the
7 bus, thereby requiring children who cross in front of the bus
8 to walk a sufficient distance from the front of the bus to be
9 clearly observed by the bus driver.
10 (d) This Section does not apply to the temporary
11 operation in this State of a school bus that is legally
12 registered in another state and is displaying valid
13 registration plates of that state if (i) the bus is not
14 operated in Illinois on a regular basis, and (ii) the bus is
15 being operated in Illinois in connection with a cultural,
16 tourist, athletic, or similar activity that is sponsored by
17 one or more schools located outside of Illinois for the
18 benefit of their enrolled students who are being transported
19 to or from that activity.
20 Section 99. Effective date. This Act takes effect July
21 1, 1997.