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


Rep. Elizabeth Hernandez

Filed: 3/31/2022





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2    AMENDMENT NO. ______. Amend House Bill 1688 by replacing
3everything after the enacting clause with the following:
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



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1vehicle, as defined under this Code, or a junking certificate
2is issued for it.
3    For this Code, vehicles are divided into 2 divisions:
4    First Division: Those motor vehicles which are designed
5for the carrying of not more than 10 persons.
6    Second Division: Those vehicles which are designed for
7carrying more than 10 persons, those designed or used for
8living quarters and those vehicles which are designed for
9pulling or carrying property, freight, or cargo and , those
10motor vehicles of the First Division remodelled for use and
11used as motor vehicles of the Second Division, and those motor
12vehicles of the First Division used and registered as school
14(Source: P.A. 92-812, eff. 8-21-02.)
15    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
16    Sec. 6-106.1. School bus driver permit.
17    (a) The Secretary of State shall issue a school bus driver
18permit for the operation of first or second division vehicles
19being operated as school buses or a permit valid only for the
20operation of first division vehicles being operated as school
21buses to those applicants who have met all the requirements of
22the application and screening process under this Section to
23insure the welfare and safety of children who are transported
24on school buses throughout the State of Illinois. Applicants
25shall obtain the proper application required by the Secretary



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



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1Section shall be deposited into the Road Fund for the purpose
2of defraying the costs of the Secretary of State in
3administering this Section. All applicants must:
4        1. be 21 years of age or older;
5        2. possess a valid and properly classified driver's
6    license issued by the Secretary of State;
7        3. possess a valid driver's license, which has not
8    been revoked, suspended, or canceled for 3 years
9    immediately prior to the date of application, or have not
10    had his or her commercial motor vehicle driving privileges
11    disqualified within the 3 years immediately prior to the
12    date of application;
13        4. successfully pass a first division or second
14    division written test, administered by the Secretary of
15    State, on school bus operation, school bus safety, and
16    special traffic laws relating to school buses and submit
17    to a review of the applicant's driving habits by the
18    Secretary of State at the time the written test is given;
19        5. demonstrate ability to exercise reasonable care in
20    the operation of school buses in accordance with rules
21    promulgated by the Secretary of State;
22        6. demonstrate physical fitness to operate school
23    buses by submitting the results of a medical examination,
24    including tests for drug use for each applicant not
25    subject to such testing pursuant to federal law, conducted
26    by a licensed physician, a licensed advanced practice



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1    registered nurse, or a licensed physician assistant within
2    90 days of the date of application according to standards
3    promulgated by the Secretary of State;
4        7. affirm under penalties of perjury that he or she
5    has not made a false statement or knowingly concealed a
6    material fact in any application for permit;
7        8. have completed an initial classroom course,
8    including first aid procedures, in school bus driver
9    safety as promulgated by the Secretary of State; and after
10    satisfactory completion of said initial course an annual
11    refresher course; such courses and the agency or
12    organization conducting such courses shall be approved by
13    the Secretary of State; failure to complete the annual
14    refresher course, shall result in cancellation of the
15    permit until such course is completed;
16        9. not have been under an order of court supervision
17    for or convicted of 2 or more serious traffic offenses, as
18    defined by rule, within one year prior to the date of
19    application that may endanger the life or safety of any of
20    the driver's passengers within the duration of the permit
21    period;
22        10. not have been under an order of court supervision
23    for or convicted of reckless driving, aggravated reckless
24    driving, driving while under the influence of alcohol,
25    other drug or drugs, intoxicating compound or compounds or
26    any combination thereof, or reckless homicide resulting



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1    from the operation of a motor vehicle within 3 years of the
2    date of application;
3        11. not have been convicted of committing or
4    attempting to commit any one or more of the following
5    offenses: (i) those offenses defined in Sections 8-1,
6    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
7    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
8    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
9    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
10    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
13    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
14    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
15    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
16    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
17    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
18    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
19    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
21    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
22    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
23    of Section 24-3, and those offenses contained in Article
24    29D of the Criminal Code of 1961 or the Criminal Code of
25    2012; (ii) those offenses defined in the Cannabis Control
26    Act except those offenses defined in subsections (a) and



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1    (b) of Section 4, and subsection (a) of Section 5 of the
2    Cannabis Control Act; (iii) those offenses defined in the
3    Illinois Controlled Substances Act; (iv) those offenses
4    defined in the Methamphetamine Control and Community
5    Protection Act; and (v) any offense committed or attempted
6    in any other state or against the laws of the United
7    States, which if committed or attempted in this State
8    would be punishable as one or more of the foregoing
9    offenses; (vi) the offenses defined in Section 4.1 and 5.1
10    of the Wrongs to Children Act or Section 11-9.1A of the
11    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
12    those offenses defined in Section 6-16 of the Liquor
13    Control Act of 1934; and (viii) those offenses defined in
14    the Methamphetamine Precursor Control Act;
15        12. not have been repeatedly involved as a driver in
16    motor vehicle collisions or been repeatedly convicted of
17    offenses against laws and ordinances regulating the
18    movement of traffic, to a degree which indicates lack of
19    ability to exercise ordinary and reasonable care in the
20    safe operation of a motor vehicle or disrespect for the
21    traffic laws and the safety of other persons upon the
22    highway;
23        13. not have, through the unlawful operation of a
24    motor vehicle, caused an accident resulting in the death
25    of any person;
26        14. not have, within the last 5 years, been adjudged



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1    to be afflicted with or suffering from any mental
2    disability or disease;
3        15. consent, in writing, to the release of results of
4    reasonable suspicion drug and alcohol testing under
5    Section 6-106.1c of this Code by the employer of the
6    applicant to the Secretary of State; and
7        16. not have been convicted of committing or
8    attempting to commit within the last 20 years: (i) an
9    offense defined in subsection (c) of Section 4, subsection
10    (b) of Section 5, and subsection (a) of Section 8 of the
11    Cannabis Control Act; or (ii) any offenses in any other
12    state or against the laws of the United States that, if
13    committed or attempted in this State, would be punishable
14    as one or more of the foregoing offenses.
15    (a-5) The Secretary of State, in conjunction with the
16Illinois State Board of Education, shall develop a separate
17classroom course and refresher course for operation of
18vehicles of the first division being operated as school buses.
19Regional superintendents of schools, working with the Illinois
20State Board of Education, shall offer the course.
21    (b) A school bus driver permit shall be valid for a period
22specified by the Secretary of State as set forth by rule. It
23shall be renewable upon compliance with subsection (a) of this
25    (c) A school bus driver permit shall contain the holder's
26driver's license number, legal name, residence address, zip



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1code, and date of birth, a brief description of the holder and
2a space for signature. The Secretary of State may require a
3suitable photograph of the holder.
4    (d) The employer shall be responsible for conducting a
5pre-employment interview with prospective school bus driver
6candidates, distributing school bus driver applications and
7medical forms to be completed by the applicant, and submitting
8the applicant's fingerprint cards to the Illinois State Police
9that are required for the criminal background investigations.
10The employer shall certify in writing to the Secretary of
11State that all pre-employment conditions have been
12successfully completed including the successful completion of
13an Illinois specific criminal background investigation through
14the Illinois State Police and the submission of necessary
15fingerprints to the Federal Bureau of Investigation for
16criminal history information available through the Federal
17Bureau of Investigation system. The applicant shall present
18the certification to the Secretary of State at the time of
19submitting the school bus driver permit application.
20    (e) Permits shall initially be provisional upon receiving
21certification from the employer that all pre-employment
22conditions have been successfully completed, and upon
23successful completion of all training and examination
24requirements for the classification of the vehicle to be
25operated, the Secretary of State shall provisionally issue a
26School Bus Driver Permit. The permit shall remain in a



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



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1    driver permit when he or she receives notice that the
2    permit holder fails to comply with any provision of this
3    Section or any rule promulgated for the administration of
4    this Section.
5        (3) The Secretary of State shall cancel a school bus
6    driver permit if the permit holder's restricted commercial
7    or commercial driving privileges are withdrawn or
8    otherwise invalidated.
9        (4) The Secretary of State may not issue a school bus
10    driver permit for a period of 3 years to an applicant who
11    fails to obtain a negative result on a drug test as
12    required in item 6 of subsection (a) of this Section or
13    under federal law.
14        (5) The Secretary of State shall forthwith suspend a
15    school bus driver permit for a period of 3 years upon
16    receiving notice that the holder has failed to obtain a
17    negative result on a drug test as required in item 6 of
18    subsection (a) of this Section or under federal law.
19        (6) The Secretary of State shall suspend a school bus
20    driver permit for a period of 3 years upon receiving
21    notice from the employer that the holder failed to perform
22    the inspection procedure set forth in subsection (a) or
23    (b) of Section 12-816 of this Code.
24        (7) The Secretary of State shall suspend a school bus
25    driver permit for a period of 3 years upon receiving
26    notice from the employer that the holder refused to submit



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1    to an alcohol or drug test as required by Section 6-106.1c
2    or has submitted to a test required by that Section which
3    disclosed an alcohol concentration of more than 0.00 or
4    disclosed a positive result on a National Institute on
5    Drug Abuse five-drug panel, utilizing federal standards
6    set forth in 49 CFR 40.87.
7    The Secretary of State shall notify the State
8Superintendent of Education and the permit holder's
9prospective or current employer that the applicant has (1) has
10failed a criminal background investigation or (2) is no longer
11eligible for a school bus driver permit; and of the related
12cancellation of the applicant's provisional school bus driver
13permit. The cancellation shall remain in effect pending the
14outcome of a hearing pursuant to Section 2-118 of this Code.
15The scope of the hearing shall be limited to the issuance
16criteria contained in subsection (a) of this Section. A
17petition requesting a hearing shall be submitted to the
18Secretary of State and shall contain the reason the individual
19feels he or she is entitled to a school bus driver permit. The
20permit holder's employer shall notify in writing to the
21Secretary of State that the employer has certified the removal
22of the offending school bus driver from service prior to the
23start of that school bus driver's next workshift. An employing
24school board that fails to remove the offending school bus
25driver from service is subject to the penalties defined in
26Section 3-14.23 of the School Code. A school bus contractor



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1who violates a provision of this Section is subject to the
2penalties defined in Section 6-106.11.
3    All valid school bus driver permits issued under this
4Section prior to January 1, 1995, shall remain effective until
5their expiration date unless otherwise invalidated.
6    (h) When a school bus driver permit holder who is a service
7member is called to active duty, the employer of the permit
8holder shall notify the Secretary of State, within 30 days of
9notification from the permit holder, that the permit holder
10has been called to active duty. Upon notification pursuant to
11this subsection, (i) the Secretary of State shall characterize
12the permit as inactive until a permit holder renews the permit
13as provided in subsection (i) of this Section, and (ii) if a
14permit holder fails to comply with the requirements of this
15Section while called to active duty, the Secretary of State
16shall not characterize the permit as invalid.
17    (i) A school bus driver permit holder who is a service
18member returning from active duty must, within 90 days, renew
19a permit characterized as inactive pursuant to subsection (h)
20of this Section by complying with the renewal requirements of
21subsection (b) of this Section.
22    (j) For purposes of subsections (h) and (i) of this
24    "Active duty" means active duty pursuant to an executive
25order of the President of the United States, an act of the
26Congress of the United States, or an order of the Governor.



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1    "Service member" means a member of the Armed Services or
2reserve forces of the United States or a member of the Illinois
3National Guard.
4    (k) A private carrier employer of a school bus driver
5permit holder, having satisfied the employer requirements of
6this Section, shall be held to a standard of ordinary care for
7intentional acts committed in the course of employment by the
8bus driver permit holder. This subsection (k) shall in no way
9limit the liability of the private carrier employer for
10violation of any provision of this Section or for the
11negligent hiring or retention of a school bus driver permit
13(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
14102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
16    Section 99. Effective date. This Act takes effect July 1,