Illinois General Assembly - Full Text of HB1688
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Full Text of HB1688  102nd General Assembly



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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-217 and 6-106.1 as follows:
6    (625 ILCS 5/1-217)  (from Ch. 95 1/2, par. 1-217)
7    Sec. 1-217. Vehicle. Every device, in, upon or by which
8any person or property is or may be transported or drawn upon a
9highway or requiring a certificate of title under Section
103-101(d) of this Code, except devices moved by human power,
11devices used exclusively upon stationary rails or tracks, and
12snowmobiles as defined in the Snowmobile Registration and
13Safety Act.
14    For the purposes of this Code, unless otherwise
15prescribed, a device shall be considered to be a vehicle until
16such time it either comes within the definition of a junk
17vehicle, as defined under this Code, or a junking certificate
18is issued for it.
19    For this Code, vehicles are divided into 2 divisions:
20    First Division: Those motor vehicles which are designed
21for the carrying of not more than 10 persons.
22    Second Division: Those vehicles which are designed for
23carrying more than 10 persons, those designed or used for



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1living quarters and those vehicles which are designed for
2pulling or carrying property, freight, or cargo and , those
3motor vehicles of the First Division remodelled for use and
4used as motor vehicles of the Second Division, and those motor
5vehicles of the First Division used and registered as school
7(Source: P.A. 92-812, eff. 8-21-02.)
8    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
9    Sec. 6-106.1. School bus driver permit.
10    (a) The Secretary of State shall issue a school bus driver
11permit for the operation of first or second division vehicles
12being operated as school buses or a permit valid only for the
13operation of first division vehicles being operated as school
14buses to those applicants who have met all the requirements of
15the application and screening process under this Section to
16insure the welfare and safety of children who are transported
17on school buses throughout the State of Illinois. Applicants
18shall obtain the proper application required by the Secretary
19of State from their prospective or current employer and submit
20the completed application to the prospective or current
21employer along with the necessary fingerprint submission as
22required by the Illinois State Police to conduct fingerprint
23based criminal background checks on current and future
24information available in the state system and current
25information available through the Federal Bureau of



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1Investigation's system. Applicants who have completed the
2fingerprinting requirements shall not be subjected to the
3fingerprinting process when applying for subsequent permits or
4submitting proof of successful completion of the annual
5refresher course. Individuals who on July 1, 1995 (the
6effective date of Public Act 88-612) possess a valid school
7bus driver permit that has been previously issued by the
8appropriate Regional School Superintendent are not subject to
9the fingerprinting provisions of this Section as long as the
10permit remains valid and does not lapse. The applicant shall
11be required to pay all related application and fingerprinting
12fees as established by rule including, but not limited to, the
13amounts established by the Illinois State Police and the
14Federal Bureau of Investigation to process fingerprint based
15criminal background investigations. All fees paid for
16fingerprint processing services under this Section shall be
17deposited into the State Police Services Fund for the cost
18incurred in processing the fingerprint based criminal
19background investigations. All other fees paid under this
20Section shall be deposited into the Road Fund for the purpose
21of defraying the costs of the Secretary of State in
22administering this Section. All applicants must:
23        1. be 21 years of age or older;
24        2. possess a valid and properly classified driver's
25    license issued by the Secretary of State;
26        3. possess a valid driver's license, which has not



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1    been revoked, suspended, or canceled for 3 years
2    immediately prior to the date of application, or have not
3    had his or her commercial motor vehicle driving privileges
4    disqualified within the 3 years immediately prior to the
5    date of application;
6        4. successfully pass a first division or second
7    division written test, administered by the Secretary of
8    State, on school bus operation, school bus safety, and
9    special traffic laws relating to school buses and submit
10    to a review of the applicant's driving habits by the
11    Secretary of State at the time the written test is given;
12        5. demonstrate ability to exercise reasonable care in
13    the operation of school buses in accordance with rules
14    promulgated by the Secretary of State;
15        6. demonstrate physical fitness to operate school
16    buses by submitting the results of a medical examination,
17    including tests for drug use for each applicant not
18    subject to such testing pursuant to federal law, conducted
19    by a licensed physician, a licensed advanced practice
20    registered nurse, or a licensed physician assistant within
21    90 days of the date of application according to standards
22    promulgated by the Secretary of State;
23        7. affirm under penalties of perjury that he or she
24    has not made a false statement or knowingly concealed a
25    material fact in any application for permit;
26        8. have completed an initial classroom course,



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1    including first aid procedures, in school bus driver
2    safety as promulgated by the Secretary of State; and after
3    satisfactory completion of said initial course an annual
4    refresher course; such courses and the agency or
5    organization conducting such courses shall be approved by
6    the Secretary of State; failure to complete the annual
7    refresher course, shall result in cancellation of the
8    permit until such course is completed;
9        9. not have been under an order of court supervision
10    for or convicted of 2 or more serious traffic offenses, as
11    defined by rule, within one year prior to the date of
12    application that may endanger the life or safety of any of
13    the driver's passengers within the duration of the permit
14    period;
15        10. not have been under an order of court supervision
16    for or convicted of reckless driving, aggravated reckless
17    driving, driving while under the influence of alcohol,
18    other drug or drugs, intoxicating compound or compounds or
19    any combination thereof, or reckless homicide resulting
20    from the operation of a motor vehicle within 3 years of the
21    date of application;
22        11. not have been convicted of committing or
23    attempting to commit any one or more of the following
24    offenses: (i) those offenses defined in Sections 8-1,
25    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
26    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,



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1    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
2    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
3    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
4    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
5    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
6    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
7    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
8    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
9    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
10    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
11    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
12    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
13    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
14    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
15    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
16    of Section 24-3, and those offenses contained in Article
17    29D of the Criminal Code of 1961 or the Criminal Code of
18    2012; (ii) those offenses defined in the Cannabis Control
19    Act except those offenses defined in subsections (a) and
20    (b) of Section 4, and subsection (a) of Section 5 of the
21    Cannabis Control Act; (iii) those offenses defined in the
22    Illinois Controlled Substances Act; (iv) those offenses
23    defined in the Methamphetamine Control and Community
24    Protection Act; and (v) any offense committed or attempted
25    in any other state or against the laws of the United
26    States, which if committed or attempted in this State



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1    would be punishable as one or more of the foregoing
2    offenses; (vi) the offenses defined in Section 4.1 and 5.1
3    of the Wrongs to Children Act or Section 11-9.1A of the
4    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
5    those offenses defined in Section 6-16 of the Liquor
6    Control Act of 1934; and (viii) those offenses defined in
7    the Methamphetamine Precursor Control Act;
8        12. not have been repeatedly involved as a driver in
9    motor vehicle collisions or been repeatedly convicted of
10    offenses against laws and ordinances regulating the
11    movement of traffic, to a degree which indicates lack of
12    ability to exercise ordinary and reasonable care in the
13    safe operation of a motor vehicle or disrespect for the
14    traffic laws and the safety of other persons upon the
15    highway;
16        13. not have, through the unlawful operation of a
17    motor vehicle, caused an accident resulting in the death
18    of any person;
19        14. not have, within the last 5 years, been adjudged
20    to be afflicted with or suffering from any mental
21    disability or disease;
22        15. consent, in writing, to the release of results of
23    reasonable suspicion drug and alcohol testing under
24    Section 6-106.1c of this Code by the employer of the
25    applicant to the Secretary of State; and
26        16. not have been convicted of committing or



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1    attempting to commit within the last 20 years: (i) an
2    offense defined in subsection (c) of Section 4, subsection
3    (b) of Section 5, and subsection (a) of Section 8 of the
4    Cannabis Control Act; or (ii) any offenses in any other
5    state or against the laws of the United States that, if
6    committed or attempted in this State, would be punishable
7    as one or more of the foregoing offenses.
8    (a-5) By January 1, 2024, the Secretary of State, in
9conjunction with the Illinois State Board of Education, shall
10develop a separate classroom course and refresher course for
11operation of vehicles of the first division being operated as
12school buses. Regional superintendents of schools, working
13with the Illinois State Board of Education, shall offer the
15    (b) A school bus driver permit shall be valid for a period
16specified by the Secretary of State as set forth by rule. It
17shall be renewable upon compliance with subsection (a) of this
19    (c) A school bus driver permit shall contain the holder's
20driver's license number, legal name, residence address, zip
21code, and date of birth, a brief description of the holder and
22a space for signature. The Secretary of State may require a
23suitable photograph of the holder.
24    (d) The employer shall be responsible for conducting a
25pre-employment interview with prospective school bus driver
26candidates, distributing school bus driver applications and



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1medical forms to be completed by the applicant, and submitting
2the applicant's fingerprint cards to the Illinois State Police
3that are required for the criminal background investigations.
4The employer shall certify in writing to the Secretary of
5State that all pre-employment conditions have been
6successfully completed including the successful completion of
7an Illinois specific criminal background investigation through
8the Illinois State Police and the submission of necessary
9fingerprints to the Federal Bureau of Investigation for
10criminal history information available through the Federal
11Bureau of Investigation system. The applicant shall present
12the certification to the Secretary of State at the time of
13submitting the school bus driver permit application.
14    (e) Permits shall initially be provisional upon receiving
15certification from the employer that all pre-employment
16conditions have been successfully completed, and upon
17successful completion of all training and examination
18requirements for the classification of the vehicle to be
19operated, the Secretary of State shall provisionally issue a
20School Bus Driver Permit. The permit shall remain in a
21provisional status pending the completion of the Federal
22Bureau of Investigation's criminal background investigation
23based upon fingerprinting specimens submitted to the Federal
24Bureau of Investigation by the Illinois State Police. The
25Federal Bureau of Investigation shall report the findings
26directly to the Secretary of State. The Secretary of State



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1shall remove the bus driver permit from provisional status
2upon the applicant's successful completion of the Federal
3Bureau of Investigation's criminal background investigation.
4    (f) A school bus driver permit holder shall notify the
5employer and the Secretary of State if he or she is issued an
6order of court supervision for or convicted in another state
7of an offense that would make him or her ineligible for a
8permit under subsection (a) of this Section. The written
9notification shall be made within 5 days of the entry of the
10order of court supervision or conviction. Failure of the
11permit holder to provide the notification is punishable as a
12petty offense for a first violation and a Class B misdemeanor
13for a second or subsequent violation.
14    (g) Cancellation; suspension; notice and procedure.
15        (1) The Secretary of State shall cancel a school bus
16    driver permit of an applicant whose criminal background
17    investigation discloses that he or she is not in
18    compliance with the provisions of subsection (a) of this
19    Section.
20        (2) The Secretary of State shall cancel a school bus
21    driver permit when he or she receives notice that the
22    permit holder fails to comply with any provision of this
23    Section or any rule promulgated for the administration of
24    this Section.
25        (3) The Secretary of State shall cancel a school bus
26    driver permit if the permit holder's restricted commercial



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1    or commercial driving privileges are withdrawn or
2    otherwise invalidated.
3        (4) The Secretary of State may not issue a school bus
4    driver permit for a period of 3 years to an applicant who
5    fails to obtain a negative result on a drug test as
6    required in item 6 of subsection (a) of this Section or
7    under federal law.
8        (5) The Secretary of State shall forthwith suspend a
9    school bus driver permit for a period of 3 years upon
10    receiving notice that the holder has failed to obtain a
11    negative result on a drug test as required in item 6 of
12    subsection (a) of this Section or under federal law.
13        (6) The Secretary of State shall suspend a school bus
14    driver permit for a period of 3 years upon receiving
15    notice from the employer that the holder failed to perform
16    the inspection procedure set forth in subsection (a) or
17    (b) of Section 12-816 of this Code.
18        (7) The Secretary of State shall suspend a school bus
19    driver permit for a period of 3 years upon receiving
20    notice from the employer that the holder refused to submit
21    to an alcohol or drug test as required by Section 6-106.1c
22    or has submitted to a test required by that Section which
23    disclosed an alcohol concentration of more than 0.00 or
24    disclosed a positive result on a National Institute on
25    Drug Abuse five-drug panel, utilizing federal standards
26    set forth in 49 CFR 40.87.



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1    The Secretary of State shall notify the State
2Superintendent of Education and the permit holder's
3prospective or current employer that the applicant has (1) has
4failed a criminal background investigation or (2) is no longer
5eligible for a school bus driver permit; and of the related
6cancellation of the applicant's provisional school bus driver
7permit. The cancellation shall remain in effect pending the
8outcome of a hearing pursuant to Section 2-118 of this Code.
9The scope of the hearing shall be limited to the issuance
10criteria contained in subsection (a) of this Section. A
11petition requesting a hearing shall be submitted to the
12Secretary of State and shall contain the reason the individual
13feels he or she is entitled to a school bus driver permit. The
14permit holder's employer shall notify in writing to the
15Secretary of State that the employer has certified the removal
16of the offending school bus driver from service prior to the
17start of that school bus driver's next workshift. An employing
18school board that fails to remove the offending school bus
19driver from service is subject to the penalties defined in
20Section 3-14.23 of the School Code. A school bus contractor
21who violates a provision of this Section is subject to the
22penalties defined in Section 6-106.11.
23    All valid school bus driver permits issued under this
24Section prior to January 1, 1995, shall remain effective until
25their expiration date unless otherwise invalidated.
26    (h) When a school bus driver permit holder who is a service



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1member is called to active duty, the employer of the permit
2holder shall notify the Secretary of State, within 30 days of
3notification from the permit holder, that the permit holder
4has been called to active duty. Upon notification pursuant to
5this subsection, (i) the Secretary of State shall characterize
6the permit as inactive until a permit holder renews the permit
7as provided in subsection (i) of this Section, and (ii) if a
8permit holder fails to comply with the requirements of this
9Section while called to active duty, the Secretary of State
10shall not characterize the permit as invalid.
11    (i) A school bus driver permit holder who is a service
12member returning from active duty must, within 90 days, renew
13a permit characterized as inactive pursuant to subsection (h)
14of this Section by complying with the renewal requirements of
15subsection (b) of this Section.
16    (j) For purposes of subsections (h) and (i) of this
18    "Active duty" means active duty pursuant to an executive
19order of the President of the United States, an act of the
20Congress of the United States, or an order of the Governor.
21    "Service member" means a member of the Armed Services or
22reserve forces of the United States or a member of the Illinois
23National Guard.
24    (k) A private carrier employer of a school bus driver
25permit holder, having satisfied the employer requirements of
26this Section, shall be held to a standard of ordinary care for



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1intentional acts committed in the course of employment by the
2bus driver permit holder. This subsection (k) shall in no way
3limit the liability of the private carrier employer for
4violation of any provision of this Section or for the
5negligent hiring or retention of a school bus driver permit
7(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
8102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
10    Section 99. Effective date. This Act takes effect July 1,