Public Act 096-1066
 
HB5120 EnrolledLRB096 16496 AJT 31766 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 12-813.1 and 12-816 as follows:
 
    (625 ILCS 5/12-813.1)
    Sec. 12-813.1. School bus driver communication devices.
    (a) In this Section:
    "School bus driver" means a person operating a school bus
who has a valid school bus driver permit as required under
Sections 6-104 and 6-106.1 of this Code.
    "Cellular radio telecommunication device" means a device
capable of sending or receiving telephone communications
without an access line for service and which requires the
operator to dial numbers manually. It does not, however,
include citizens band radios or citizens band radio hybrids.
    "Possession of a school bus" means the period of time from
which a bus driver takes possession until the school bus driver
returns possession of the school bus, whether or not the school
bus driver is operating the school bus.
    "Using a cellular radio telecommunication device" means
talking or listening to or dialing a cellular radio
telecommunication device.
    To "operate" means to have the vehicle in motion while it
contains one or more passengers.
    (b) A school bus driver may not operate a school bus while
using a cellular radio telecommunication device.
    (c) Subsection (b) of this Section does not apply:
        (1) To the use of a cellular radio telecommunication
    device for the purpose of communicating with any of the
    following regarding an emergency situation:
            (A) an emergency response operator;
            (B) a hospital;
            (C) a physician's office or health clinic;
            (D) an ambulance service;
            (E) a fire department, fire district, or fire
        company; or
            (F) a police department.
        (2) To the use of a cellular radio telecommunication
    device to call for assistance in the event that there is a
    mechanical breakdown or other mechanical problem that
    impairs the safe operation of the bus or to communicate
    with school authorities or their designees about any other
    issue relating to the operation of the school bus or the
    welfare and safety of any passenger thereon. In no case may
    a cellular radio telecommunication device be used for
    anything not provided for in this Section, including but
    not limited to, personal use.
        (3) (Blank). To the use of a cellular radio
    telecommunication device that has a digital two-way radio
    service capability owned and operated by the school
    district, when that device is being used as a digital
    two-way radio.
        (4) When the school bus is parked.
    (d) A school bus driver who violates subsection (b) of this
Section is guilty of a petty offense punishable by a fine of
not less than $100 and not more than $250.
    (e) A school bus must contain either an operating cellular
radio telecommunication device or two-way radio while the
school bus driver is in possession of a school bus. The
cellular radio telecommunication device or two-way radio in
this subsection must be turned on and adjusted in a manner that
would alert the school bus driver of an incoming communication
request.
(Source: P.A. 96-818, eff. 11-17-09.)
 
    (625 ILCS 5/12-816)
    Sec. 12-816. Pre and post-trip inspection policy for school
buses.
    (a) In order to provide for the welfare and safety of
children who are transported on school buses throughout the
State of Illinois, each school district shall have in place, by
January 1, 2008, a policy to ensure that the school bus driver
is the last person leaving the bus and that no passenger is
left behind or remains on the vehicle at the end of a route, a
work shift, or the work day. This policy and procedure shall,
at a minimum, require the school bus driver (i) to test the
cellular radio telecommunication device or two-way radio and
ensure that it is functioning properly before the bus is
operated and (ii) before leaving the bus at the end of each
route, work shift, or work day, to walk to the rear of the bus
and check the bus for children or other passengers in the bus.
    (b) If a school district has a contract with a private
sector school bus company for the transportation of the
district's students, the school district shall require in the
contract with the private sector company that the company have
a post-trip inspection policy in place. This policy and
procedure shall, at a minimum, require the school bus driver
(i) to test the cellular radio telecommunication device or
two-way radio and ensure that it is functioning properly before
the bus is operated and (ii) before leaving the bus at the end
of each route, work shift, or work day, to walk to the rear of
the bus and check the bus for children or other passengers in
the bus.
    (c) Before this inspection, the school bus driver shall
activate the interior lights of the bus to assist the driver in
seeing in and under the seats during a visual sweep of the bus.
    (d) This policy may include, at the discretion of the
school district, the installation of a mechanical or electronic
post-trip inspection reminder system which requires the school
bus driver to walk to the rear of the bus to deactivate the
system before the driver leaves the bus. The system shall
require that when the driver turns off the vehicle's ignition
system, the vehicle's interior lights must illuminate to assist
the driver in seeing in and under the seats during a visual
sweep of the bus.
(Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.