SB1613 104TH GENERAL ASSEMBLY

LRB104 08626 LNS 18678 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1613

Introduced 2/4/2025, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

See Index

Amends the School Code. Requires a public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus to provide written or verbal instruction concerning the availability and correct use of seat safety belts to student passengers and their parents or legal guardians at least 2 times per calendar or school year. Requires a school bus driver or aide to provide a verbal or posted reminder to all passengers to fasten their seat safety belts properly before the bus begins to move prior to the start of each trip. Contains provisions concerning liability. Amends the Illinois Vehicle Code. Provides that, beginning August 1, 2026, if a school bus has one or more designated passenger seating positions equipped with a seat safety belt system, the seats shall be prioritized for use and the seat safety belt shall be worn correctly by the passengers of the bus. Provides that a public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus shall instruct passengers on the correct use of seat safety belt systems. Provides that when operating other vehicles not defined as a school bus, a public or nonpublic school, school district, transportation provider or contractor, or other entity transporting children must adhere to the occupant restraint requirements of the Child Passenger Protection Act. Provides that, under certain circumstances, a public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus shall not be charged for a violation requiring a passenger to use a seat safety belt system if a passenger on the school bus fails to use or incorrectly uses the seat belt system. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 29-21 as follows:

(105 ILCS 5/29-21 new)

Sec. 29-21. Proper use of seat safety belts on school buses.

(a) A public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus shall provide written or verbal instruction concerning the availability and correct use of seat safety belts to student passengers and their parents or legal guardians. This includes instructing passengers on the correct use, fastening, and unfastening of seat safety belts. This instruction shall occur at least 2 times per calendar or school year.

Before July 1, 2026, the State Board of Education shall provide guidance for school districts on how to provide the written and verbal instruction required under this Section to student passengers and their parents or legal guardians on its website.

(b) A school bus driver or aide shall provide a verbal or posted reminder to all passengers to fasten their seat safety belts properly before the bus begins to move. This reminder is to be given prior to the start of each trip.

(c) Nothing in this Section makes a public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus, such as a bus driver, bus aide, volunteer, or other staff, liable for a passenger's failure to correctly adjust and fasten a seat safety belt or other restraint system under this Section.

(d) No public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus, such as a bus driver, bus aide, volunteer, or other staff, is liable for damages for an injury resulting solely from a passenger's use, misuse, or failure to use a seat safety belt installed on a school bus.

Section 10. The Illinois Vehicle Code is amended by adding Section 12-826 as follows:

(625 ILCS 5/12-826 new)

Sec. 12-826. Proper use of seat safety belts on school buses.

(a) As used in this Section, "school bus" includes a school bus, school activity bus, multi-function school activity bus, or school-chartered bus.

(b) Beginning August 1, 2026, if a school bus has one or more designated passenger seating positions equipped with a seat safety belt system, those seats shall be prioritized for use and the seat safety belt shall be worn correctly by the passengers of the school bus. A public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus shall instruct passengers on the correct use of seat safety belt systems as defined by the school bus manufacturer's instructions or Section 29-21 of the School Code. Enforcement is the responsibility of the public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus at the time of transportation.

(c) When operating other vehicles not defined as a school bus, a public or nonpublic school, school district, transportation provider or contractor, or other entity transporting children must adhere to the occupant restraint requirements of the Child Passenger Protection Act.

(d) A public or nonpublic school, school district, transportation provider or contractor, or other entity operating a school bus shall not be charged for a violation of this Code or any rule adopted under this Code requiring a passenger to use a seat safety belt system if a passenger on the school bus fails to use or incorrectly uses the seat safety belt system, as long as the other provisions of this Section have been followed.

Section 99. Effective date. This Act takes effect upon becoming law.