HB5375 - 104th General Assembly
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| 1 | AN ACT concerning transportation. | |||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||
| 4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||||
| 5 | changing Sections 1-148.3a-5, 1-182, and 11-1414.1 as follows: | |||||||||||||||||||||||
| 6 | (625 ILCS 5/1-148.3a-5) | |||||||||||||||||||||||
| 7 | Sec. 1-148.3a-5. Multifunction school activity bus. A | |||||||||||||||||||||||
| 8 | multifunction school activity bus (MFSAB) means a school bus | |||||||||||||||||||||||
| 9 | manufactured for the purpose of transporting 11 or more | |||||||||||||||||||||||
| 10 | persons, including the driver, whose purposes do not include | |||||||||||||||||||||||
| 11 | transporting students to and from home or school bus stops. | |||||||||||||||||||||||
| 12 | Except as provided in subsection (a-5) of Section 11-1414.1, a | |||||||||||||||||||||||
| 13 | A MFSAB is prohibited from meeting the special requirements | |||||||||||||||||||||||
| 14 | for school buses in Sections 12-801, 12-803, and 12-805 and | |||||||||||||||||||||||
| 15 | subsection (a) of Section 12-802 of this Code. | |||||||||||||||||||||||
| 16 | (Source: P.A. 104-367, eff. 1-1-26.) | |||||||||||||||||||||||
| 17 | (625 ILCS 5/1-182) (from Ch. 95 1/2, par. 1-182) | |||||||||||||||||||||||
| 18 | Sec. 1-182. School bus. | |||||||||||||||||||||||
| 19 | (a) "School bus" means every motor vehicle, except as | |||||||||||||||||||||||
| 20 | provided in paragraph (b) of this Section, owned or operated | |||||||||||||||||||||||
| 21 | by or for any of the following entities for the transportation | |||||||||||||||||||||||
| 22 | of persons regularly enrolled as students in grade 12 or below | |||||||||||||||||||||||
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| 1 | in connection with any activity of such entity: | ||||||
| 2 | Any public or private primary or secondary school; | ||||||
| 3 | Any primary or secondary school operated by a religious | ||||||
| 4 | institution; or | ||||||
| 5 | Any public, private or religious nursery school. | ||||||
| 6 | (b) This definition shall not include the following: | ||||||
| 7 | 1. A bus operated by a public utility, municipal | ||||||
| 8 | corporation or common carrier authorized to conduct local | ||||||
| 9 | or interurban transportation of passengers when such bus | ||||||
| 10 | is not traveling a specific school bus route but is: | ||||||
| 11 | On a regularly scheduled route for the transportation | ||||||
| 12 | of other fare paying passengers; | ||||||
| 13 | Furnishing charter service for the transportation of | ||||||
| 14 | groups on field trips or other special trips or in | ||||||
| 15 | connection with other special events; or | ||||||
| 16 | Being used for shuttle service between attendance | ||||||
| 17 | centers or other educational facilities. | ||||||
| 18 | 2. A motor vehicle of the First Division. | ||||||
| 19 | 3. A multifunction school-activity bus, unless the | ||||||
| 20 | driver has obtained and currently holds a valid school bus | ||||||
| 21 | permit. | ||||||
| 22 | (Source: P.A. 96-410, eff. 7-1-10.) | ||||||
| 23 | (625 ILCS 5/11-1414.1) | ||||||
| 24 | (Text of Section before amendment by P.A. 104-256) | ||||||
| 25 | Sec. 11-1414.1. School transportation of students. | ||||||
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| 1 | (a) Every student enrolled in grade 12 or below in any | ||||||
| 2 | entity listed in subsection (a) of Section 1-182 of this Code | ||||||
| 3 | must be transported in a school bus or a vehicle described in | ||||||
| 4 | subdivision (1) or (2) of subsection (b) of Section 1-182 of | ||||||
| 5 | this Code for any curriculum-related or career-related | ||||||
| 6 | activity, except a student in any of grades 9 through 12 or a | ||||||
| 7 | student in any of grades K through 12 with an individualized | ||||||
| 8 | education program (IEP) with a staff to student ratio of 1 to | ||||||
| 9 | 5, and attending Acacia Academy, Alexander Leigh, Marklund, | ||||||
| 10 | Helping Hands Center, Connections Organization, Soaring Eagle | ||||||
| 11 | Academy, or New Horizon Academy may be transported in a | ||||||
| 12 | multifunction school activity bus (MFSAB) as defined in | ||||||
| 13 | Section 1-148.3a-5 of this Code for any curriculum-related or | ||||||
| 14 | career-related activity except for transportation on regular | ||||||
| 15 | bus routes from home to school or from school to home, subject | ||||||
| 16 | to the following conditions: | ||||||
| 17 | (i) A MFSAB may not be used to transport students | ||||||
| 18 | under this Section unless the driver holds a valid school | ||||||
| 19 | bus driver permit. | ||||||
| 20 | (ii) The use of a MFSAB under this Section is subject | ||||||
| 21 | to the requirements of Sections 6-106.11, 6-106.12, | ||||||
| 22 | 12-707.01, 13-101, and 13-109 of this Code. | ||||||
| 23 | "Curriculum-related or career-related activity" as used in | ||||||
| 24 | this subsection (a) includes transportation from home to | ||||||
| 25 | school or from school to home, tripper or shuttle service | ||||||
| 26 | between school attendance centers, transportation to a | ||||||
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| 1 | college, university, or student job site developed through a | ||||||
| 2 | partnership with a school, a vocational or career center or | ||||||
| 3 | other trade-skill development site or a regional safe school | ||||||
| 4 | or other school-sponsored alternative learning program, or an | ||||||
| 5 | experience that a school determines will contribute to the | ||||||
| 6 | college or career readiness of a student, or a trip that is | ||||||
| 7 | directly related to the regular curriculum of a student for | ||||||
| 8 | which he or she earns credit. | ||||||
| 9 | (b) Every student enrolled in grade 12 or below in any | ||||||
| 10 | entity listed in subsection (a) of Section 1-182 of this Code | ||||||
| 11 | who is transported in a vehicle that is being operated by or | ||||||
| 12 | for a public or private primary or secondary school, including | ||||||
| 13 | any primary or secondary school operated by a religious | ||||||
| 14 | institution, for an interscholastic, | ||||||
| 15 | interscholastic-athletic, or school-sponsored, | ||||||
| 16 | noncurriculum-related activity that (i) does not require | ||||||
| 17 | student participation as part of the educational services of | ||||||
| 18 | the entity and (ii) is not associated with the students' | ||||||
| 19 | regular class-for-credit schedule shall transport students | ||||||
| 20 | only in a school bus or vehicle described in subsection (b) of | ||||||
| 21 | Section 1-182 of this Code. A student participating in an | ||||||
| 22 | agrarian-related activity may also be transported in a second | ||||||
| 23 | division pick-up truck registered under paragraph 7 of | ||||||
| 24 | subsection (b) of Section 3-808.1. For purposes of this | ||||||
| 25 | subsection, "pick-up truck" means a truck weighing 12,000 | ||||||
| 26 | pounds or less with an enclosed cabin that can seat up to 6 | ||||||
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| 1 | passengers with seatbelts, including the driver, and an open | ||||||
| 2 | cargo area. This subsection (b) does not apply to any second | ||||||
| 3 | division vehicle used by an entity listed in subsection (a) of | ||||||
| 4 | Section 1-182 of this Code for a parade, homecoming, or a | ||||||
| 5 | similar noncurriculum-related school activity. | ||||||
| 6 | (Source: P.A. 104-367, eff. 1-1-26.) | ||||||
| 7 | (Text of Section after amendment by P.A. 104-256) | ||||||
| 8 | Sec. 11-1414.1. School transportation of students. | ||||||
| 9 | (a) Every student enrolled in grade 12 or below in any | ||||||
| 10 | entity listed in subsection (a) of Section 1-182 of this Code | ||||||
| 11 | must be transported in a school bus or a vehicle described in | ||||||
| 12 | subdivision (1) or (2) of subsection (b) of Section 1-182 of | ||||||
| 13 | this Code for any curriculum-related or career-related | ||||||
| 14 | activity, except a student in any of grades 9 through 12 or a | ||||||
| 15 | student in any of grades K through 12 with an individualized | ||||||
| 16 | education program (IEP) with a staff to student ratio of 1 to | ||||||
| 17 | 5, and attending Acacia Academy, Alexander Leigh, Marklund, | ||||||
| 18 | Helping Hands Center, Connections Organization, Soaring Eagle | ||||||
| 19 | Academy, or New Horizon Academy may be transported in a | ||||||
| 20 | multifunction school activity bus (MFSAB) as defined in | ||||||
| 21 | Section 1-148.3a-5 of this Code for any curriculum-related or | ||||||
| 22 | career-related activity except for transportation on regular | ||||||
| 23 | bus routes from home to school or from school to home. The use | ||||||
| 24 | of a MFSAB for curriculum-related activities is subject to the | ||||||
| 25 | following conditions: | ||||||
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| 1 | (i) A MFSAB may not be used to transport students | ||||||
| 2 | under this Section unless the driver holds a valid school | ||||||
| 3 | bus driver permit. | ||||||
| 4 | (ii) The use of a MFSAB under this Section is subject | ||||||
| 5 | to the requirements of Sections 6-106.11, 6-106.12, | ||||||
| 6 | 12-707.01, 13-101, and 13-109 of this Code. | ||||||
| 7 | "Curriculum-related or career-related activity" as used in | ||||||
| 8 | this subsection (a) includes transportation from home to | ||||||
| 9 | school or from school to home, tripper or shuttle service | ||||||
| 10 | between school attendance centers, transportation to a | ||||||
| 11 | college, university, or student job site developed through a | ||||||
| 12 | partnership with a school, a vocational or career center or | ||||||
| 13 | other trade-skill development site or a regional safe school | ||||||
| 14 | or other school-sponsored alternative learning program, or an | ||||||
| 15 | experience that a school determines will contribute to the | ||||||
| 16 | college or career readiness of a student, or a trip that is | ||||||
| 17 | directly related to the regular curriculum of a student for | ||||||
| 18 | which he or she earns credit. | ||||||
| 19 | (a-5) Notwithstanding any other provision of law, if the | ||||||
| 20 | driver has obtained and currently holds a valid school bus | ||||||
| 21 | permit, a MFSAB may be used for the purpose of transporting 15 | ||||||
| 22 | or less persons, including the driver, whose purposes do | ||||||
| 23 | include transporting students to and from home or school bus | ||||||
| 24 | stops. In such a case that a MFSAB is being used for | ||||||
| 25 | transporting students to and from home or school bus stops, a | ||||||
| 26 | MFSAB must meet the special requirements in Sections 12-801, | ||||||
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| 1 | 12-803, and 12-805 and subsection (a) of Section 12-802. | ||||||
| 2 | (b) Every student enrolled in grade 12 or below in any | ||||||
| 3 | entity listed in subsection (a) of Section 1-182 of this Code | ||||||
| 4 | who is transported in a vehicle that is being operated by or | ||||||
| 5 | for a public or private primary or secondary school, including | ||||||
| 6 | any primary or secondary school operated by a religious | ||||||
| 7 | institution, for an interscholastic, | ||||||
| 8 | interscholastic-athletic, or school-sponsored, | ||||||
| 9 | noncurriculum-related activity that (i) does not require | ||||||
| 10 | student participation as part of the educational services of | ||||||
| 11 | the entity and (ii) is not associated with the students' | ||||||
| 12 | regular class-for-credit schedule shall transport students | ||||||
| 13 | only in a school bus or vehicle described in subsection (b) of | ||||||
| 14 | Section 1-182 of this Code. A student participating in an | ||||||
| 15 | agrarian-related activity may also be transported in a second | ||||||
| 16 | division pick-up truck registered under paragraph 7 of | ||||||
| 17 | subsection (b) of Section 3-808.1. For purposes of this | ||||||
| 18 | subsection, "pick-up truck" means a truck weighing 12,000 | ||||||
| 19 | pounds or less with an enclosed cabin that can seat up to 6 | ||||||
| 20 | passengers with seatbelts, including the driver, and an open | ||||||
| 21 | cargo area. This subsection (b) does not apply to any second | ||||||
| 22 | division vehicle used by an entity listed in subsection (a) of | ||||||
| 23 | Section 1-182 of this Code for a parade, homecoming, or a | ||||||
| 24 | similar noncurriculum-related school activity. | ||||||
| 25 | (Source: P.A. 104-256, eff. 7-1-26; 104-367, eff. 1-1-26; | ||||||
| 26 | revised 9-12-25.) | ||||||
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| 1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 2 | changes in a statute that is represented in this Act by text | ||||||
| 3 | that is not yet or no longer in effect (for example, a Section | ||||||
| 4 | represented by multiple versions), the use of that text does | ||||||
| 5 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 6 | made by this Act or (ii) provisions derived from any other | ||||||
| 7 | Public Act. | ||||||
