95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0118

 

Introduced 1/31/2007, 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 805/8.31 new

    Amends the Illinois Vehicle Code. Requires each school bus to be equipped with a seat safety belt for each passenger. Provides that a driver may not operate a school bus unless a seat safety belt is available to each passenger. Denies 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.


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

 

 

A BILL FOR

 

SB0118 LRB095 03795 DRH 23825 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

 

 

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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) Each school bus shall be equipped with a seat safety
15 belt for each passenger. A driver may not operate a school bus
16 unless a seat safety belt is available to each passenger.
17     (c) Pursuant to subsections (h) and (i) of Section 6 of
18 Article VII of the Illinois Constitution, the exercise by a
19 home rule unit of any power that is inconsistent with this
20 Section is specifically denied and preempted, and the
21 regulation of seat safety belts on school buses is declared to
22 be the subject of exclusive State jurisdiction.
23 (Source: P.A. 78-1244.)
 

 

 

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1     Section 90. The State Mandates Act is amended by adding
2 Section 8.31 as follows:
 
3     (30 ILCS 805/8.31 new)
4     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
5 of this Act, no reimbursement by the State is required for the
6 implementation of any mandate created by this amendatory Act of
7 the 95th General Assembly.