Bill Text: IL HB5195 | 2017-2018 | 100th General Assembly | Veto Message


Bill Title: Amends the Transportation Article of the School Code. Provides that each school board may provide free transportation for any pupil residing within 1 1/2 miles from the school attended where conditions are such that walking, either to or from the school to which a pupil is assigned for attendance or to or from a pick-up point or bus stop, constitutes a serious hazard to the safety of the pupil due to a course or pattern of criminal activity, as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Provides for the adoption of guidelines by the local law enforcement agency as to what constitutes a serious safety hazard due to a course or pattern of criminal activity. Provides that the State Board of Education, in consultation with the local law enforcement agency, shall review the findings of the school board concerning a course or pattern of criminal activity and shall approve or disapprove the school board's determination that a serious safety hazard exists within 30 days after the school board submits its findings to the State Board. Authorizes the local law enforcement agency to determine what constitutes a course or pattern of criminal activity. Makes related changes. Provides that the changes made by the amendatory Act do not apply to the Chicago school district. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Vetoed) 2018-08-21 - Governor Amendatory Veto [HB5195 Detail]

Download: Illinois-2017-HB5195-Veto_Message.html

August 21, 2018

To the Honorable Members of

The Illinois House of Representatives,

100th General Assembly:

Today, I return House Bill 5195 with specific recommendations for change.

This legislation creates an avenue for students who do not have access to school-sponsored transportation to obtain said transportation, if the student’s route to school poses a safety hazard due to “a course or pattern of criminal activity.”

As written, House Bill 5195 explicitly excludes Chicago Public Schools due to the fact that Chicago already has legislation governing the safe travel of students to and from school. That law, which includes Chicago’s Safe Passage Program, only applies to Chicago Public Schools and utilizes a different process and set of criteria to guarantee the safe travel of students than is proposed in House Bill 5195.

All students in Illinois, regardless of zip code, have the right to safely travel to and from school, and our government has a responsibility to protect that right. However, access to safe transit for students across the state should be evaluated and granted comparably, without any exceptions or carve-outs for particular cities or jurisdictions.

Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 5195, entitled “AN ACT concerning education,” with the following recommendation for change:

By replacing page 2, line 25 through page 3, line 1 with:

Omnibus Prevention Act. Such transportation, if provided due to vehicular traffic or rail crossings, shall not be provided if adequate transportation for the public is available. Such transportation, if provided due to a course or pattern of criminal activity, may be provided notwithstanding if adequate transportation for the public is available.”; and

On page 5, by deleting lines 6 through 9.

With these changes, House Bill 5195 will have my approval. I respectfully request your concurrence.

Sincerely,

Bruce Rauner

GOVERNOR

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