Full Text of HB5874 96th General Assembly
HB5874 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5874
Introduced 2/10/2010, by Rep. Robert F. Flider SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/12-813.1 |
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625 ILCS 5/12-816 |
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Amends the Illinois Vehicle Code. Provides that a school bus must contain an operating two-way
radio or celluar radio telecommunication device (rather than a two-way radio only) while the school bus driver is in possession of a school bus. Effective immediately.
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A BILL FOR
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HB5874 |
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LRB096 19247 AJT 34638 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 12-813.1 and 12-816 as follows:
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| (625 ILCS 5/12-813.1)
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| Sec. 12-813.1. School bus driver communication devices. | 8 |
| (a) In this Section:
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| "School bus driver" means a person operating a school bus | 10 |
| who has a valid
school bus driver permit as required under | 11 |
| Sections 6-104 and 6-106.1 of this
Code.
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| "Cellular radio telecommunication device" means a device | 13 |
| capable of sending
or receiving telephone communications | 14 |
| without an access line for service and
which requires the | 15 |
| operator to dial numbers manually. It does not, however,
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| include citizens band radios or citizens band radio hybrids.
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| "Possession of a school bus" means the period of time from | 18 |
| which a bus driver takes possession until the school bus driver | 19 |
| returns possession of the school bus, whether or not the school | 20 |
| bus driver is operating the school bus. | 21 |
| "Using a cellular radio telecommunication device" means | 22 |
| talking or listening
to or dialing a cellular radio | 23 |
| telecommunication device.
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| To "operate" means to have the vehicle in motion while it | 2 |
| contains one or
more passengers.
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| (b) A school bus driver may not operate a school bus while | 4 |
| using a cellular
radio telecommunication device.
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| (c) Subsection (b) of this Section does not apply:
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| (1) To the use of a cellular radio telecommunication | 7 |
| device for the
purpose of communicating with any of the | 8 |
| following regarding an emergency
situation:
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| (A) an emergency response operator;
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| (B) a hospital;
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| (C) a
physician's office or health clinic;
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| (D) an ambulance service;
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| (E) a fire
department, fire district, or fire | 14 |
| company; or
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| (F) a police department.
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| (2) To the use of a cellular radio telecommunication | 17 |
| device to call for
assistance in the event that there is a | 18 |
| mechanical breakdown or other
mechanical problem that | 19 |
| impairs the safe operation of the bus.
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| (3) To the use of a cellular radio telecommunication | 21 |
| device that has a
digital two-way radio service capability | 22 |
| owned and operated by the school
district, when that device | 23 |
| is being used as a
digital two-way radio.
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| (4) When the school bus is parked.
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| (d) A school bus driver who violates subsection (b) of this | 26 |
| Section is guilty of a petty
offense punishable by a fine of |
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| not less than $100 and not more than $250.
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| (e) A school bus must contain an operating two-way
radio or | 3 |
| celluar radio telecommunication device while the school bus | 4 |
| driver is in possession of a school bus. The two-way radio or | 5 |
| celluar radio telecommunication device in this subsection must | 6 |
| be turned on and adjusted in a manner that would alert the | 7 |
| school bus driver of an incoming communication request. | 8 |
| (Source: P.A. 96-818, eff. 11-17-09.)
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| (625 ILCS 5/12-816) | 10 |
| Sec. 12-816. Pre and post-trip inspection policy for school | 11 |
| buses. | 12 |
| (a) In order to provide for the welfare and safety of | 13 |
| children who are transported on school buses throughout the | 14 |
| State of Illinois, each school district shall have in place, by | 15 |
| January 1, 2008, a policy to ensure that the school bus driver | 16 |
| is the last person leaving the bus and that no passenger is | 17 |
| left behind or remains on the vehicle at the end of a route, a | 18 |
| work shift, or the work day. This policy and procedure shall, | 19 |
| at a minimum, require the school bus driver (i) to test the | 20 |
| two-way radio or celluar radio telecommunication device and | 21 |
| ensure that it is functioning properly before the bus is | 22 |
| operated and (ii) before leaving the bus at the end of each | 23 |
| route, work shift, or work day, to walk to the rear of the bus | 24 |
| and check the bus for children or other passengers in the bus. | 25 |
| (b) If a school district has a contract with a private |
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| sector school bus company for the transportation of the | 2 |
| district's students, the school district shall require in the | 3 |
| contract with the private sector company that the company have | 4 |
| a post-trip inspection policy in place.
This policy and | 5 |
| procedure shall, at a minimum, require the school bus driver | 6 |
| (i) to test the two-way radio or celluar radio | 7 |
| telecommunication device and ensure that it is functioning | 8 |
| properly before the bus is operated and (ii) before leaving the | 9 |
| bus at the end of each route, work shift, or work day, to walk | 10 |
| to the rear of the bus and check the bus for children or other | 11 |
| passengers in the bus. | 12 |
| (c) Before this inspection, the school bus driver shall | 13 |
| activate the interior lights of the bus to assist the driver in | 14 |
| seeing in and under the seats during a visual sweep of the bus. | 15 |
| (d) This policy may include, at the discretion of the | 16 |
| school district, the installation of a mechanical or electronic | 17 |
| post-trip inspection reminder system which requires the school | 18 |
| bus driver to walk to the rear of the bus to deactivate the | 19 |
| system before the driver leaves the bus. The system shall | 20 |
| require that when the driver turns off the vehicle's ignition | 21 |
| system, the vehicle's interior lights must illuminate to assist | 22 |
| the driver in seeing in and under the seats during a visual | 23 |
| sweep of the bus.
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| (Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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