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Sen. Ira I. Silverstein
Filed: 3/21/2007
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| AMENDMENT TO SENATE BILL 991
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| AMENDMENT NO. ______. Amend Senate Bill 991 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| changing Section 11-40-2a as follows:
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| (65 ILCS 5/11-40-2a) (from Ch. 24, par. 11-40-2a)
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| Sec. 11-40-2a. Except as otherwise provided in this |
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| Section, the
corporate authorities of any city of 1,000,000 or |
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| more
inhabitants may, subject to the provisions of the
"The
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| Illinois Vehicle Code,
",
as now and hereafter amended
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| regulate, license and prescribe safety requirements
for motor |
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| vehicles used to transport for hire students to or from a |
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| school
where students are in attendance except (a) those |
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| belonging to or used by
a common carrier or public utility |
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| operating under the jurisdiction of the
Illinois Commerce |
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| Commission, and (b) those under the jurisdiction of the
State |
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LRB095 05847 DRH 34186 a |
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| Board of Education or owned
by the Chicago Transit Authority. |
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| However, no such municipality,
including any home rule unit, |
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| may require that school buses be equipped
with seat safety |
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| belts while transporting students who reside and attend
schools |
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| situated outside of the corporate limits of the municipality, |
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| and
it is declared to be the law of this State, pursuant to |
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| paragraph (g) of
Section 6 of Article VII of the Illinois |
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| Constitution, that this amendatory
Act of 1986 is a limitation |
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| on and denial of the powers of a home rule unit
to impose such a |
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| requirement. In this Section "school" means any public,
private |
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| or parochial elementary or secondary school or nursery.
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| (Source: P.A. 84-1374.)
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| Section 10. The Illinois Vehicle Code is amended by |
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| changing Section 12-807 as follows:
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| (625 ILCS 5/12-807) (from Ch. 95 1/2, par. 12-807)
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| Sec. 12-807. Seat safety belts
belt for driver.
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| (a) Each school bus shall be equipped with a retractable |
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| lap belt assembly
for the driver's seat. No school bus shall be |
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| operated unless the driver
has properly restrained himself with |
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| the lap belt assembly. |
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| (b) Beginning July 1, 2008, each school bus that is |
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| purchased new shall be equipped with seat safety belts for each |
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| passenger. |
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| (c) The State Board of Education shall adopt rules to |
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LRB095 05847 DRH 34186 a |
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| ensure that school districts require all passengers on those |
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| buses to wear seat safety belts. |
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| (d) Except for willful or wanton misconduct, a school bus |
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| driver may not be held personally liable for the failure of |
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| passengers to wear seat safety belts. |
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| (e) Pursuant to subsections (h) and (i) of Section 6 of |
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| Article VII of the Illinois Constitution, the exercise by a |
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| home rule unit of any power that is inconsistent with this |
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| Section is specifically denied and preempted, and the |
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| regulation of seat safety belts on school buses is declared to |
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| be the subject of exclusive State jurisdiction.
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| (Source: P.A. 78-1244.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows:
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| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of |
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| the 95th General Assembly.".
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