Full Text of HB5215 93rd General Assembly
HB5215eng 93RD GENERAL ASSEMBLY
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HB5215 Engrossed |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 29-6.4 as follows:
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| (105 ILCS 5/29-6.4)
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| Sec. 29-6.4. Non-contract transportation; bids;
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| reimbursement. A school board of a school district that | 9 |
| provides
transportation of its pupils to and from school on | 10 |
| buses that are owned by the
district that are operated by | 11 |
| drivers who are employed by the district shall,
if it receives | 12 |
| a timely request from an interested private school bus
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| contractor that the district provide that transportation under | 14 |
| contract,
solicit sealed bids for that purpose. A district or | 15 |
| special education cooperative is not required to respond to | 16 |
| such a request more than once every 3 years.
For purposes of | 17 |
| this Section,
A
a request
shall not be considered timely if
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| unless it is made in writing by certified mail,
return receipt | 19 |
| requested, addressed to the school board of the district at the
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| administrative offices or any school of the district, | 21 |
| postmarked not more than
24 months or
nor less than 3 months | 22 |
| before the expiration of the collective
bargaining or other | 23 |
| agreement that is in effect at the time the request is made
and | 24 |
| that governs the terms and conditions of employment of the | 25 |
| school bus
drivers employed by the district. All requests shall | 26 |
| be made in writing by certified mail, return receipt requested, | 27 |
| addressed to the school board of the district at the | 28 |
| administrative offices or any school of the district. At the | 29 |
| conclusion of the bidding process,
the school board shall | 30 |
| publicly announce the district's fully allocated costs
of | 31 |
| providing transportation of its pupils to and from school under | 32 |
| its present
system and thereupon may (i) elect to enter into a |
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HB5215 Engrossed |
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| contract as provided in
Section 29-6.1 with the lowest | 2 |
| responsible bidder for transportation of the
district's pupils | 3 |
| to and from school or (ii) elect to continue providing
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| transportation of its pupils to and from school under its | 5 |
| present system.
In the event the school board elects to | 6 |
| continue providing transportation of
the district's pupils to | 7 |
| and from school under its present system even though
the | 8 |
| district's fully allocated costs of doing so exceed the amount | 9 |
| of the
lowest responsible bid received by the school board for | 10 |
| transportation of the
district's pupils to and from school, the | 11 |
| school board shall publicly
announce at a regularly scheduled | 12 |
| meeting of the board held within 30 days
after making its | 13 |
| election to continue providing pupil
transportation under its | 14 |
| present system (i) the fully allocated costs of
providing | 15 |
| transportation of the district's pupils to and from school | 16 |
| under its
present system, and (ii) the amount of each of the | 17 |
| sealed bids submitted to the
school board, identifying which of | 18 |
| the sealed bid amounts was the lowest
responsible bid.
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| As used in this Section the term "fully allocated costs" | 20 |
| includes both the
fixed and variable direct costs of the labor, | 21 |
| capital, and material resources
that are used by the school | 22 |
| district exclusively for purposes of providing
transportation | 23 |
| of the district's pupils to and from school plus that portion | 24 |
| of
the district's shared costs as is fairly allocable to the | 25 |
| products, services,
and facilities necessary to provide | 26 |
| transportation of the district's pupils to
and from school. | 27 |
| Direct costs of labor, capital, and material resources used
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| exclusively to provide pupil transportation include the wages, | 29 |
| payroll costs,
and associated fringe benefits of school bus | 30 |
| drivers, mechanics, and any
supervisory or administrative | 31 |
| personnel whose services relate exclusively to
pupil | 32 |
| transportation personnel or services, fuel, lubricants, tires, | 33 |
| tubes,
related material costs incurred in providing pupil | 34 |
| transportation, depreciation
costs associated with school | 35 |
| buses and other vehicles, including spare
vehicles, used to | 36 |
| provide pupil transportation, and costs of facilities and
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| equipment maintained exclusively to service, garage, or park | 2 |
| vehicles used for
pupil transportation purposes.
"Shared | 3 |
| costs" means the aggregate cost of the labor, capital, and | 4 |
| material
resources that are used in common by the district for | 5 |
| a multiplicity of
purposes, including the purpose of providing | 6 |
| transportation of the district's
pupils to and from school. The | 7 |
| costs of the management, administration, and
underlying | 8 |
| infrastructure that support a multiplicity of services | 9 |
| provided by
the school district (including pupil | 10 |
| transportation services) constitute shared
costs within the | 11 |
| meaning of this Section, and to the extent they are fairly
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| allocable to pupil transportation services they are included | 13 |
| within the term
fully allocated costs as used in this Section. | 14 |
| The
State Board of Education shall promulgate rules setting | 15 |
| forth the manner in
which a district's fully allocated costs of | 16 |
| providing transportation of its
pupils to and from school under | 17 |
| a non-contractual system shall be determined
and computed for | 18 |
| purposes of this Section. However, those rules shall be
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| consistent with the provisions of this paragraph and shall | 20 |
| follow recognized
principles of fully allocated costing | 21 |
| analysis in the transit industry,
including generally accepted | 22 |
| methods of identifying and estimating the
principal cost | 23 |
| elements of maintaining and operating a pupil transportation
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| system.
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| (Source: P.A. 89-151, eff. 1-1-96; 89-626, eff. 8-9-96.)
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