96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2515


 
Introduced 1/12/2010, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		








    



65 ILCS 5/11-40-2a
  from Ch. 24, par. 11-40-2a


625 ILCS 5/12-807
  from Ch. 95 1/2, par. 12-807



30 ILCS 805/8.34 new










    Amends the Illinois Vehicle Code. Provides that, beginning July 1, 2011, each school bus that is purchased new shall be equipped with seat safety belts for each passenger. Provides that the State Board of Education shall adopt rules to ensure that school districts require all passengers on those buses to wear seat safety belts. Provides that, except for willful or wanton misconduct, a school bus driver may not be held personally liable for the failure of passengers to wear seat safety belts. Pre-empts the exercise of home rule powers. Makes a corresponding change in the Illinois Municipal Code. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
















LRB096 16885 AJT 32197 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2515

LRB096 16885 AJT 32197 b






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 Municipal Code is amended  by 
5
changing Section 11-40-2a as follows:
 



6
    (65 ILCS 5/11-40-2a)  (from Ch. 24, par. 11-40-2a)


7
    Sec. 11-40-2a. Except as otherwise provided in this 
8
Section, the
corporate authorities of any city of 1,000,000 or 
9
more
inhabitants may, subject to the provisions of the
"The

10
Illinois Vehicle Code,
",
as now and hereafter amended

11
regulate, license and prescribe safety requirements
for motor 
12
vehicles used to transport for hire students to or from a 
13
school
where students are in attendance except (a) those 
14
belonging to or used by
a common carrier or public utility 
15
operating under the jurisdiction of the
Illinois Commerce 
16
Commission, and (b) those under the jurisdiction of the
State 
17
Board of Education or owned
by the Chicago Transit Authority. 
18
However, no such municipality,
including any home rule unit, 
19
may require that school buses be equipped
with seat safety 
20
belts while transporting students who reside and attend
schools 
21
situated outside of the corporate limits of the municipality, 
22
and
it is declared to be the law of this State, pursuant to 
23
paragraph (g) of
Section 6 of Article VII of the Illinois 
 


 






SB2515
- 2 -
LRB096 16885 AJT 32197 b




1
Constitution, that this amendatory
Act of 1986 is a limitation 
2
on and denial of the powers of a home rule unit
to impose such a 
3
requirement. In this Section "school" means any public,
private 
4
or parochial elementary or secondary school or nursery.

5
(Source: P.A. 84-1374.)



 
6
    Section 10. The Illinois Vehicle Code is amended  by 
7
changing Section 12-807 as follows:
 



8
    (625 ILCS 5/12-807)  (from Ch. 95 1/2, par. 12-807)



9
    Sec. 12-807. Seat safety belts
belt for driver. 

10
    (a) Each school bus shall be equipped with a retractable 
11
lap belt assembly
for the driver's seat. No school bus shall be 
12
operated unless the driver
has properly restrained himself with 
13
the lap belt assembly.
14
    (b) Beginning July 1, 2011, each school bus that is 
15
purchased new  shall be equipped with seat safety belts for each 
16
passenger.
17
    (c) The State Board of Education shall adopt rules to 
18
ensure that school districts require all passengers on those 
19
buses  to wear seat safety belts.
20
    (d) Except for willful or wanton misconduct, a  school bus 
21
driver may not be held personally liable for the failure of 
22
passengers to wear seat safety belts.
23
    (e) Pursuant to subsections (h) and (i) of Section 6 of 
24
Article VII of the Illinois Constitution, the exercise by a 
 


 






SB2515
- 3 -
LRB096 16885 AJT 32197 b




1
home rule unit of any power that is inconsistent with this 
2
Section is  specifically denied and preempted, and the 
3
regulation of seat safety belts on school buses is declared to 
4
be the subject of exclusive State jurisdiction.


5
(Source: P.A. 78-1244.)


 
6
    Section 90. The State Mandates Act is amended by adding 
7
Section 8.34 as follows:
 
8
    (30 ILCS 805/8.34 new)
9
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
10
of this Act, no reimbursement by the State is required for the 
11
implementation of any mandate created by this amendatory Act of 
12
the 96th General Assembly.
 
13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.