Bill Text: IL SB0075 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that, beginning July 1, 2017, 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. Preempts 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB0075 Detail]

Download: Illinois-2017-SB0075-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0075 Introduced 1/12/2017, 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 805/8.41 new
Amends the Illinois Vehicle Code. Provides that, beginning July 1, 2017, 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. Preempts 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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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

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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, 2017, 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

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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 8.41 as follows:
(30 ILCS 805/8.41 new)
Sec. 8.41. 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 100th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.