SB0070 97TH GENERAL ASSEMBLY

LRB097 02746 HEP 42768 b

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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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

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

Sec. 11-40-2a. Except as otherwise provided in this Section, the corporate authorities of any city of 1,000,000 or more inhabitants may, subject to the provisions of the "The Illinois Vehicle Code, ", as now and hereafter amended regulate, license and prescribe safety requirements for motor vehicles used to transport for hire students to or from a school where students are in attendance except (a) those belonging to or used by a common carrier or public utility operating under the jurisdiction of the Illinois Commerce Commission, and (b) those under the jurisdiction of the State Board of Education or owned by the Chicago Transit Authority. However, no such municipality, including any home rule unit, may require that school buses be equipped with seat safety belts while transporting students who reside and attend schools situated outside of the corporate limits of the municipality, and it is declared to be the law of this State, pursuant to paragraph (g) of Section 6 of Article VII of the Illinois Constitution, that this amendatory Act of 1986 is a limitation on and denial of the powers of a home rule unit to impose such a requirement. In this Section "school" means any public, private or parochial elementary or secondary school or nursery.

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

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

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

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

(a) Each school bus shall be equipped with a retractable lap belt assembly for the driver's seat. No school bus shall be operated unless the driver has properly restrained himself with the lap belt assembly.

(b) Beginning July 1, 2012, each school bus that is purchased new shall be equipped with seat safety belts for each passenger.

(c) The State Board of Education shall adopt rules to ensure that school districts require all passengers on those buses to wear seat safety belts.

(d) 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.

(e) Pursuant to subsections (h) and (i) of Section 6 of Article VII of the Illinois Constitution, the exercise by a home rule unit of any power that is inconsistent with this Section is specifically denied and preempted, and the regulation of seat safety belts on school buses is declared to be the subject of exclusive State jurisdiction.

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

Section 90. The State Mandates Act is amended by adding Section 8.35 as follows:

(30 ILCS 805/8.35 new)

Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 97th General Assembly.

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