97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0070

 

Introduced 1/27/2011, 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 805/8.35 new

    Amends the Illinois Vehicle Code. Provides that, beginning July 1, 2012, 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.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing 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
8Section, the corporate authorities of any city of 1,000,000 or
9more inhabitants may, subject to the provisions of the "The
10Illinois Vehicle Code, ", as now and hereafter amended
11regulate, license and prescribe safety requirements for motor
12vehicles used to transport for hire students to or from a
13school where students are in attendance except (a) those
14belonging to or used by a common carrier or public utility
15operating under the jurisdiction of the Illinois Commerce
16Commission, and (b) those under the jurisdiction of the State
17Board of Education or owned by the Chicago Transit Authority.
18However, no such municipality, including any home rule unit,
19may require that school buses be equipped with seat safety
20belts while transporting students who reside and attend schools
21situated outside of the corporate limits of the municipality,
22and it is declared to be the law of this State, pursuant to
23paragraph (g) of Section 6 of Article VII of the Illinois

 

 

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1Constitution, that this amendatory Act of 1986 is a limitation
2on and denial of the powers of a home rule unit to impose such a
3requirement. In this Section "school" means any public, private
4or parochial elementary or secondary school or nursery.
5(Source: P.A. 84-1374.)
 
6    Section 10. The Illinois Vehicle Code is amended by
7changing 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
11lap belt assembly for the driver's seat. No school bus shall be
12operated unless the driver has properly restrained himself with
13the lap belt assembly.
14    (b) Beginning July 1, 2012, each school bus that is
15purchased new shall be equipped with seat safety belts for each
16passenger.
17    (c) The State Board of Education shall adopt rules to
18ensure that school districts require all passengers on those
19buses to wear seat safety belts.
20    (d) Except for willful or wanton misconduct, a school bus
21driver may not be held personally liable for the failure of
22passengers to wear seat safety belts.
23    (e) Pursuant to subsections (h) and (i) of Section 6 of
24Article VII of the Illinois Constitution, the exercise by a

 

 

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1home rule unit of any power that is inconsistent with this
2Section is specifically denied and preempted, and the
3regulation of seat safety belts on school buses is declared to
4be the subject of exclusive State jurisdiction.
5(Source: P.A. 78-1244.)
 
6    Section 90. The State Mandates Act is amended by adding
7Section 8.35 as follows:
 
8    (30 ILCS 805/8.35 new)
9    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by this amendatory Act of
12the 97th General Assembly.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.