HB3476 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3476

 

Introduced 2/17/2023, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-217  from Ch. 95 1/2, par. 1-217
625 ILCS 5/6-106.1
625 ILCS 5/13-109  from Ch. 95 1/2, par. 13-109

    Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.


LRB103 27485 MXP 53857 b

 

 

A BILL FOR

 

HB3476LRB103 27485 MXP 53857 b

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, 6-106.1, and 13-109 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
6buses.
7(Source: P.A. 92-812, eff. 8-21-02.)
 
8    (625 ILCS 5/6-106.1)
9    (Text of Section before amendment by P.A. 102-982)
10    Sec. 6-106.1. School bus driver permit.
11    (a) The Secretary of State shall issue a school bus driver
12permit to those applicants who have met all the requirements
13of the application and screening process under this Section to
14insure the welfare and safety of children who are transported
15on school buses throughout the State of Illinois. Applicants
16shall obtain the proper application required by the Secretary
17of State from their prospective or current employer and submit
18the completed application to the prospective or current
19employer along with the necessary fingerprint submission as
20required by the Illinois State Police to conduct fingerprint
21based criminal background checks on current and future
22information available in the state system and current
23information available through the Federal Bureau of
24Investigation's system. Applicants who have completed the
25fingerprinting requirements shall not be subjected to the

 

 

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

 

 

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

 

 

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1    satisfactory completion of said initial course an annual
2    refresher course; such courses and the agency or
3    organization conducting such courses shall be approved by
4    the Secretary of State; failure to complete the annual
5    refresher course, shall result in cancellation of the
6    permit until such course is completed;
7        9. not have been under an order of court supervision
8    for or convicted of 2 or more serious traffic offenses, as
9    defined by rule, within one year prior to the date of
10    application that may endanger the life or safety of any of
11    the driver's passengers within the duration of the permit
12    period;
13        10. not have been under an order of court supervision
14    for or convicted of reckless driving, aggravated reckless
15    driving, driving while under the influence of alcohol,
16    other drug or drugs, intoxicating compound or compounds or
17    any combination thereof, or reckless homicide resulting
18    from the operation of a motor vehicle within 3 years of the
19    date of application;
20        11. not have been convicted of committing or
21    attempting to commit any one or more of the following
22    offenses: (i) those offenses defined in Sections 8-1,
23    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
24    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
25    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
26    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,

 

 

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1    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
2    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
3    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
4    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
5    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
6    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
7    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
8    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
9    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
10    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
11    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
12    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
13    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
14    of Section 24-3, and those offenses contained in Article
15    29D of the Criminal Code of 1961 or the Criminal Code of
16    2012; (ii) those offenses defined in the Cannabis Control
17    Act except those offenses defined in subsections (a) and
18    (b) of Section 4, and subsection (a) of Section 5 of the
19    Cannabis Control Act; (iii) those offenses defined in the
20    Illinois Controlled Substances Act; (iv) those offenses
21    defined in the Methamphetamine Control and Community
22    Protection Act; (v) any offense committed or attempted in
23    any other state or against the laws of the United States,
24    which if committed or attempted in this State would be
25    punishable as one or more of the foregoing offenses; (vi)
26    the offenses defined in Section 4.1 and 5.1 of the Wrongs

 

 

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

 

 

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1    (b) of Section 5, and subsection (a) of Section 8 of the
2    Cannabis Control Act; or (ii) any offenses in any other
3    state or against the laws of the United States that, if
4    committed or attempted in this State, would be punishable
5    as one or more of the foregoing offenses.
6    (a-5) If an applicant's driver's license has been
7suspended within the 3 years immediately prior to the date of
8application for the sole reason of failure to pay child
9support, that suspension shall not bar the applicant from
10receiving a school bus driver permit.
11    (b) A school bus driver permit shall be valid for a period
12specified by the Secretary of State as set forth by rule. It
13shall be renewable upon compliance with subsection (a) of this
14Section.
15    (c) A school bus driver permit shall contain the holder's
16driver's license number, legal name, residence address, zip
17code, and date of birth, a brief description of the holder and
18a space for signature. The Secretary of State may require a
19suitable photograph of the holder.
20    (d) The employer shall be responsible for conducting a
21pre-employment interview with prospective school bus driver
22candidates, distributing school bus driver applications and
23medical forms to be completed by the applicant, and submitting
24the applicant's fingerprint cards to the Illinois State Police
25that are required for the criminal background investigations.
26The employer shall certify in writing to the Secretary of

 

 

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

 

 

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

 

 

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1    fails to obtain a negative result on a drug test as
2    required in item 6 of subsection (a) of this Section or
3    under federal law.
4        (5) The Secretary of State shall forthwith suspend a
5    school bus driver permit for a period of 3 years upon
6    receiving notice that the holder has failed to obtain a
7    negative result on a drug test as required in item 6 of
8    subsection (a) of this Section or under federal law.
9        (6) The Secretary of State shall suspend a school bus
10    driver permit for a period of 3 years upon receiving
11    notice from the employer that the holder failed to perform
12    the inspection procedure set forth in subsection (a) or
13    (b) of Section 12-816 of this Code.
14        (7) The Secretary of State shall suspend a school bus
15    driver permit for a period of 3 years upon receiving
16    notice from the employer that the holder refused to submit
17    to an alcohol or drug test as required by Section 6-106.1c
18    or has submitted to a test required by that Section which
19    disclosed an alcohol concentration of more than 0.00 or
20    disclosed a positive result on a National Institute on
21    Drug Abuse five-drug panel, utilizing federal standards
22    set forth in 49 CFR 40.87.
23    The Secretary of State shall notify the State
24Superintendent of Education and the permit holder's
25prospective or current employer that the applicant has (1) has
26failed a criminal background investigation or (2) is no longer

 

 

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1eligible for a school bus driver permit; and of the related
2cancellation of the applicant's provisional school bus driver
3permit. The cancellation shall remain in effect pending the
4outcome of a hearing pursuant to Section 2-118 of this Code.
5The scope of the hearing shall be limited to the issuance
6criteria contained in subsection (a) of this Section. A
7petition requesting a hearing shall be submitted to the
8Secretary of State and shall contain the reason the individual
9feels he or she is entitled to a school bus driver permit. The
10permit holder's employer shall notify in writing to the
11Secretary of State that the employer has certified the removal
12of the offending school bus driver from service prior to the
13start of that school bus driver's next workshift. An employing
14school board that fails to remove the offending school bus
15driver from service is subject to the penalties defined in
16Section 3-14.23 of the School Code. A school bus contractor
17who violates a provision of this Section is subject to the
18penalties defined in Section 6-106.11.
19    All valid school bus driver permits issued under this
20Section prior to January 1, 1995, shall remain effective until
21their expiration date unless otherwise invalidated.
22    (h) When a school bus driver permit holder who is a service
23member is called to active duty, the employer of the permit
24holder shall notify the Secretary of State, within 30 days of
25notification from the permit holder, that the permit holder
26has been called to active duty. Upon notification pursuant to

 

 

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1this subsection, (i) the Secretary of State shall characterize
2the permit as inactive until a permit holder renews the permit
3as provided in subsection (i) of this Section, and (ii) if a
4permit holder fails to comply with the requirements of this
5Section while called to active duty, the Secretary of State
6shall not characterize the permit as invalid.
7    (i) A school bus driver permit holder who is a service
8member returning from active duty must, within 90 days, renew
9a permit characterized as inactive pursuant to subsection (h)
10of this Section by complying with the renewal requirements of
11subsection (b) of this Section.
12    (j) For purposes of subsections (h) and (i) of this
13Section:
14    "Active duty" means active duty pursuant to an executive
15order of the President of the United States, an act of the
16Congress of the United States, or an order of the Governor.
17    "Service member" means a member of the Armed Services or
18reserve forces of the United States or a member of the Illinois
19National Guard.
20    (k) A private carrier employer of a school bus driver
21permit holder, having satisfied the employer requirements of
22this Section, shall be held to a standard of ordinary care for
23intentional acts committed in the course of employment by the
24bus driver permit holder. This subsection (k) shall in no way
25limit the liability of the private carrier employer for
26violation of any provision of this Section or for the

 

 

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1negligent hiring or retention of a school bus driver permit
2holder.
3(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
4102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
51-1-23; 102-813, eff. 5-13-22; revised 12-14-22.)
 
6    (Text of Section after amendment by P.A. 102-982)
7    Sec. 6-106.1. School bus driver permit.
8    (a) The Secretary of State shall issue a school bus driver
9permit for the operation of first or second division vehicles
10being operated as school buses or a permit valid only for the
11operation of first division vehicles being operated as school
12buses to those applicants who have met all the requirements of
13the application and screening process under this Section to
14insure the welfare and safety of children who are transported
15on school buses throughout the State of Illinois. Applicants
16shall obtain the proper application required by the Secretary
17of State from their prospective or current employer and submit
18the completed application to the prospective or current
19employer along with the necessary fingerprint submission as
20required by the Illinois State Police to conduct
21fingerprint-based fingerprint based criminal background checks
22on current and future information available in the State state
23system and current information available through the Federal
24Bureau of Investigation's system. Applicants who have
25completed the fingerprinting requirements shall not be

 

 

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1subjected to the fingerprinting process when applying for
2subsequent permits or submitting proof of successful
3completion of the annual refresher course. Individuals who on
4July 1, 1995 (the effective date of Public Act 88-612) possess
5a valid school bus driver permit that has been previously
6issued by the appropriate Regional School Superintendent are
7not subject to the fingerprinting provisions of this Section
8as long as the permit remains valid and does not lapse. The
9applicant shall be required to pay all related application and
10fingerprinting fees as established by rule, including, but not
11limited to, the amounts established by the Illinois State
12Police and the Federal Bureau of Investigation to process
13fingerprint-based fingerprint based criminal background
14investigations. All fees paid for fingerprint processing
15services under this Section shall be deposited into the State
16Police Services Fund for the cost incurred in processing the
17fingerprint-based fingerprint based criminal background
18investigations. All other fees paid under this Section shall
19be deposited into the Road Fund for the purpose of defraying
20the costs of the Secretary of State in administering this
21Section. Other than any applicant to operate a first division
22vehicle, all 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 school bus or second division
7    written test, administered by the Secretary of State, on
8    school bus operation, school bus safety, and special
9    traffic laws relating to school buses and submit to a
10    review of the applicant's driving habits by the Secretary
11    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,
3    after satisfactory completion of said initial course, an
4    annual 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; (v) any offense committed or attempted in
25    any other state or against the laws of the United States,
26    which if committed or attempted in this State would be

 

 

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1    punishable as one or more of the foregoing offenses; (vi)
2    the offenses defined in Section 4.1 and 5.1 of the Wrongs
3    to Children Act or Section 11-9.1A of the Criminal Code of
4    1961 or the Criminal Code of 2012; (vii) those offenses
5    defined in Section 6-16 of the Liquor Control Act of 1934;
6    and (viii) those offenses defined in the Methamphetamine
7    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 a crash resulting in the death of
18    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) If an applicant's driver's license has been
9suspended within the 3 years immediately prior to the date of
10application for the sole reason of failure to pay child
11support, that suspension shall not bar the applicant from
12receiving a school bus driver permit.
13    (a-7) The Secretary of State, in conjunction with the
14Illinois State Board of Education, shall develop a separate
15classroom course and refresher course for operation of
16vehicles of the first division being operated as school buses.
17Regional superintendents of schools, working with the Illinois
18State Board of Education, shall offer the course.
19    (a-10) All applicants to operate a first division vehicle
20must:
21        (1) meet the requirements of paragraphs 1, 2, 3, 7,
22    and 9 through 16 of subsection (a); and
23        (2) complete the course developed and offered under
24    subsection (a-5), or complete a training course
25    administered by the service provider in which the
26    applicant will be employed by, or under contract with,

 

 

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1    that covers safe driving practices with a first division
2    vehicle, special considerations for transporting students
3    with disabilities, emergency preparedness, and safe
4    pick-up and drop-off procedures.
5    (b) A school bus driver permit shall be valid for a period
6specified by the Secretary of State as set forth by rule. It
7shall be renewable upon compliance with subsection (a) of this
8Section.
9    (c) A school bus driver permit shall contain the holder's
10driver's license number, legal name, residence address, zip
11code, and date of birth, a brief description of the holder, and
12a space for signature. The Secretary of State may require a
13suitable photograph of the holder.
14    (d) The employer shall be responsible for conducting a
15pre-employment interview with prospective school bus driver
16candidates, distributing school bus driver applications and
17medical forms to be completed by the applicant, and submitting
18the applicant's fingerprint cards to the Illinois State Police
19that are required for the criminal background investigations.
20The employer shall certify in writing to the Secretary of
21State that all pre-employment conditions have been
22successfully completed including the successful completion of
23an Illinois specific criminal background investigation through
24the Illinois State Police and the submission of necessary
25fingerprints to the Federal Bureau of Investigation for
26criminal history information available through the Federal

 

 

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1Bureau of Investigation system. The applicant shall present
2the certification to the Secretary of State at the time of
3submitting the school bus driver permit application.
4    (e) Permits shall initially be provisional upon receiving
5certification from the employer that all pre-employment
6conditions have been successfully completed, and upon
7successful completion of all training and examination
8requirements for the classification of the vehicle to be
9operated, the Secretary of State shall provisionally issue a
10School Bus Driver Permit. The permit shall remain in a
11provisional status pending the completion of the Federal
12Bureau of Investigation's criminal background investigation
13based upon fingerprinting specimens submitted to the Federal
14Bureau of Investigation by the Illinois State Police. The
15Federal Bureau of Investigation shall report the findings
16directly to the Secretary of State. The Secretary of State
17shall remove the bus driver permit from provisional status
18upon the applicant's successful completion of the Federal
19Bureau of Investigation's criminal background investigation.
20    (f) A school bus driver permit holder shall notify the
21employer and the Secretary of State if he or she is issued an
22order of court supervision for or convicted in another state
23of an offense that would make him or her ineligible for a
24permit under subsection (a) of this Section. The written
25notification shall be made within 5 days of the entry of the
26order of court supervision or conviction. Failure of the

 

 

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1permit holder to provide the notification is punishable as a
2petty offense for a first violation and a Class B misdemeanor
3for a second or subsequent violation.
4    (g) Cancellation; suspension; notice and procedure.
5        (1) The Secretary of State shall cancel a school bus
6    driver permit of an applicant whose criminal background
7    investigation discloses that he or she is not in
8    compliance with the provisions of subsection (a) of this
9    Section.
10        (2) The Secretary of State shall cancel a school bus
11    driver permit when he or she receives notice that the
12    permit holder fails to comply with any provision of this
13    Section or any rule promulgated for the administration of
14    this Section.
15        (3) The Secretary of State shall cancel a school bus
16    driver permit if the permit holder's restricted commercial
17    or commercial driving privileges are withdrawn or
18    otherwise invalidated.
19        (4) The Secretary of State may not issue a school bus
20    driver permit for a period of 3 years to an applicant who
21    fails to obtain a negative result on a drug test as
22    required in item 6 of subsection (a) of this Section or
23    under federal law.
24        (5) The Secretary of State shall forthwith suspend a
25    school bus driver permit for a period of 3 years upon
26    receiving notice that the holder has failed to obtain a

 

 

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1    negative result on a drug test as required in item 6 of
2    subsection (a) of this Section or under federal law.
3        (6) The Secretary of State shall suspend a school bus
4    driver permit for a period of 3 years upon receiving
5    notice from the employer that the holder failed to perform
6    the inspection procedure set forth in subsection (a) or
7    (b) of Section 12-816 of this Code.
8        (7) The Secretary of State shall suspend a school bus
9    driver permit for a period of 3 years upon receiving
10    notice from the employer that the holder refused to submit
11    to an alcohol or drug test as required by Section 6-106.1c
12    or has submitted to a test required by that Section which
13    disclosed an alcohol concentration of more than 0.00 or
14    disclosed a positive result on a National Institute on
15    Drug Abuse five-drug panel, utilizing federal standards
16    set forth in 49 CFR 40.87.
17    The Secretary of State shall notify the State
18Superintendent of Education and the permit holder's
19prospective or current employer that the applicant has (1) has
20failed a criminal background investigation or (2) is no longer
21eligible for a school bus driver permit; and of the related
22cancellation of the applicant's provisional school bus driver
23permit. The cancellation shall remain in effect pending the
24outcome of a hearing pursuant to Section 2-118 of this Code.
25The scope of the hearing shall be limited to the issuance
26criteria contained in subsection (a) of this Section. A

 

 

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1petition requesting a hearing shall be submitted to the
2Secretary of State and shall contain the reason the individual
3feels he or she is entitled to a school bus driver permit. The
4permit holder's employer shall notify in writing to the
5Secretary of State that the employer has certified the removal
6of the offending school bus driver from service prior to the
7start of that school bus driver's next work shift workshift.
8An employing school board that fails to remove the offending
9school bus driver from service is subject to the penalties
10defined in Section 3-14.23 of the School Code. A school bus
11contractor who violates a provision of this Section is subject
12to the penalties defined in Section 6-106.11.
13    All valid school bus driver permits issued under this
14Section prior to January 1, 1995, shall remain effective until
15their expiration date unless otherwise invalidated.
16    (h) When a school bus driver permit holder who is a service
17member is called to active duty, the employer of the permit
18holder shall notify the Secretary of State, within 30 days of
19notification from the permit holder, that the permit holder
20has been called to active duty. Upon notification pursuant to
21this subsection, (i) the Secretary of State shall characterize
22the permit as inactive until a permit holder renews the permit
23as provided in subsection (i) of this Section, and (ii) if a
24permit holder fails to comply with the requirements of this
25Section while called to active duty, the Secretary of State
26shall not characterize the permit as invalid.

 

 

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1    (i) A school bus driver permit holder who is a service
2member returning from active duty must, within 90 days, renew
3a permit characterized as inactive pursuant to subsection (h)
4of this Section by complying with the renewal requirements of
5subsection (b) of this Section.
6    (j) For purposes of subsections (h) and (i) of this
7Section:
8    "Active duty" means active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor.
11    "Service member" means a member of the Armed Services or
12reserve forces of the United States or a member of the Illinois
13National Guard.
14    (k) A private carrier employer of a school bus driver
15permit holder, having satisfied the employer requirements of
16this Section, shall be held to a standard of ordinary care for
17intentional acts committed in the course of employment by the
18bus driver permit holder. This subsection (k) shall in no way
19limit the liability of the private carrier employer for
20violation of any provision of this Section or for the
21negligent hiring or retention of a school bus driver permit
22holder.
23(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
24102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
251-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised
2612-14-22.)
 

 

 

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1    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)
2    (Text of Section before amendment by P.A. 102-982)
3    Sec. 13-109. Safety test prior to application for license -
4 Subsequent tests - Repairs - Retest.
5    (a) Except as otherwise provided in Chapter 13, each
6second division vehicle, first division vehicle including a
7taxi which is used for a purpose that requires a school bus
8driver permit, and medical transport vehicle, except those
9vehicles other than school buses or medical transport vehicles
10owned or operated by a municipal corporation or political
11subdivision having a population of 1,000,000 or more
12inhabitants which are subjected to safety tests imposed by
13local ordinance or resolution, operated in whole or in part
14over the highways of this State, motor vehicle used for driver
15education training, and each vehicle designed to carry 15 or
16fewer passengers operated by a contract carrier transporting
17employees in the course of their employment on a highway of
18this State, shall be subjected to the safety test provided for
19in Chapter 13 of this Code. Tests shall be conducted at an
20official testing station within 6 months prior to the
21application for registration as provided for in this Code.
22Subsequently each vehicle shall be subject to tests (i) at
23least every 6 months, (ii) in the case of school buses and
24first division vehicles including taxis which are used for a
25purpose that requires a school bus driver permit, at least

 

 

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1every 6 months or 10,000 miles, whichever occurs first, (iii)
2in the case of driver education vehicles used by public high
3schools, at least every 12 months for vehicles over 5 model
4years of age or having an odometer reading of over 75,000
5miles, whichever occurs first, or (iv) in the case of truck
6tractors, semitrailers, and property-carrying vehicles
7registered for a gross weight of more than 10,000 pounds but
8less than 26,001 pounds, at least every 12 months, and
9according to schedules established by rules and regulations
10promulgated by the Department. Any component subject to
11regular inspection which is damaged in a reportable accident
12must be reinspected before the bus or first division vehicle
13including a taxi which is used for a purpose that requires a
14school bus driver permit is returned to service.
15    (b) The Department shall also conduct periodic
16nonscheduled inspections of school buses, of buses registered
17as charitable vehicles and of religious organization buses. If
18such inspection reveals that a vehicle is not in substantial
19compliance with the rules promulgated by the Department, the
20Department shall remove the Certificate of Safety from the
21vehicle, and shall place the vehicle out-of-service. A bright
22orange, triangular decal shall be placed on an out-of-service
23vehicle where the Certificate of Safety has been removed. The
24vehicle must pass a safety test at an official testing station
25before it is again placed in service.
26    (c) If the violation is not substantial a bright yellow,

 

 

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1triangular sticker shall be placed next to the Certificate of
2Safety at the time the nonscheduled inspection is made. The
3Department shall reinspect the vehicle after 3 working days to
4determine that the violation has been corrected and remove the
5yellow, triangular decal. If the violation is not corrected
6within 3 working days, the Department shall place the vehicle
7out-of-service in accordance with procedures in subsection
8(b).
9    (d) If a violation is not substantial and does not
10directly affect the safe operation of the vehicle, the
11Department shall issue a warning notice requiring correction
12of the violation. Such correction shall be accomplished as
13soon as practicable and a report of the correction shall be
14made to the Department within 30 days in a manner established
15by the Department. If the Department has not been advised that
16the corrections have been made, and the violations still
17exist, the Department shall place the vehicle out-of-service
18in accordance with procedures in subsection (b).
19    (e) The Department is authorized to promulgate regulations
20to implement its program of nonscheduled inspections. Causing
21or allowing the operation of an out-of-service vehicle with
22passengers or unauthorized removal of an out-of-service
23sticker is a Class 3 felony. Causing or allowing the operation
24of a vehicle with a 3-day sticker for longer than 3 days with
25the sticker attached or the unauthorized removal of a 3-day
26sticker is a Class C misdemeanor.

 

 

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1    (f) If a second division vehicle, first division vehicle
2including a taxi which is used for a purpose that requires a
3school bus driver permit, medical transport vehicle, or
4vehicle operated by a contract carrier as provided in
5subsection (a) of this Section is in safe mechanical
6condition, as determined pursuant to Chapter 13, the operator
7of the official testing station must at once issue to the
8second division vehicle, first division vehicle including a
9taxi which is used for a purpose that requires a school bus
10driver permit, or medical transport vehicle a certificate of
11safety, in the form and manner prescribed by the Department,
12which shall be affixed to the vehicle by the certified safety
13tester who performed the safety tests. The owner of the second
14division vehicle, first division vehicle including a taxi
15which is used for a purpose that requires a school bus driver
16permit, or medical transport vehicle or the contract carrier
17shall at all times display the Certificate of Safety on the
18second division vehicle, first division vehicle including a
19taxi which is used for a purpose that requires a school bus
20driver permit, medical transport vehicle, or vehicle operated
21by a contract carrier in the manner prescribed by the
22Department.
23    (g) If a test shows that a second division vehicle, first
24division vehicle including a taxi which is used for a purpose
25that requires a school bus driver permit, medical transport
26vehicle, or vehicle operated by a contract carrier is not in

 

 

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1safe mechanical condition as provided in this Section, it
2shall not be operated on the highways until it has been
3repaired and submitted to a retest at an official testing
4station. If the owner or contract carrier submits the vehicle
5to a retest at a different official testing station from that
6where it failed to pass the first test, he or she shall present
7to the operator of the second station the report of the
8original test, and shall notify the Department in writing,
9giving the name and address of the original testing station
10and the defects which prevented the issuance of a Certificate
11of Safety, and the name and address of the second official
12testing station making the retest.
13(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
 
14    (Text of Section after amendment by P.A. 102-982)
15    Sec. 13-109. Safety test prior to application for license;
16subsequent tests; repairs; retest license - Subsequent tests -
17Repairs - Retest.
18    (a) Except as otherwise provided in Chapter 13, each
19second division vehicle, first division vehicle including a
20taxi which is used for a purpose that requires a school bus
21driver permit, and medical transport vehicle, except those
22vehicles other than school buses or medical transport vehicles
23owned or operated by a municipal corporation or political
24subdivision having a population of 1,000,000 or more
25inhabitants which are subjected to safety tests imposed by

 

 

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1local ordinance or resolution, operated in whole or in part
2over the highways of this State, motor vehicle used for driver
3education training, and each vehicle designed to carry 15 or
4fewer passengers operated by a contract carrier transporting
5employees in the course of their employment on a highway of
6this State, shall be subjected to the safety test provided for
7in Chapter 13 of this Code. Tests shall be conducted at an
8official testing station within 6 months prior to the
9application for registration as provided for in this Code.
10Subsequently each vehicle shall be subject to tests (i) at
11least every 6 months, (i.5) in the case of first division
12vehicles, including taxis that are used for a purpose that
13requires a school bus driver permit, at least every 12 months,
14(ii) in the case of school buses and first division vehicles
15including taxis which are used for a purpose that requires a
16school bus driver permit, at least every 6 months or 10,000
17miles, whichever occurs first, (iii) in the case of driver
18education vehicles used by public high schools, at least every
1912 months for vehicles over 5 model years of age or having an
20odometer reading of over 75,000 miles, whichever occurs first,
21or (iv) in the case of truck tractors, semitrailers, and
22property-carrying vehicles registered for a gross weight of
23more than 10,000 pounds but less than 26,001 pounds, at least
24every 12 months, and according to schedules established by
25rules and regulations promulgated by the Department. Any
26component subject to regular inspection which is damaged in a

 

 

HB3476- 33 -LRB103 27485 MXP 53857 b

1reportable crash must be reinspected before the bus or first
2division vehicle including a taxi which is used for a purpose
3that requires a school bus driver permit is returned to
4service.
5    (b) The Department shall also conduct periodic
6nonscheduled inspections of school buses, of buses registered
7as charitable vehicles and of religious organization buses. If
8such inspection reveals that a vehicle is not in substantial
9compliance with the rules promulgated by the Department, the
10Department shall remove the Certificate of Safety from the
11vehicle, and shall place the vehicle out-of-service. A bright
12orange, triangular decal shall be placed on an out-of-service
13vehicle where the Certificate of Safety has been removed. The
14vehicle must pass a safety test at an official testing station
15before it is again placed in service.
16    (c) If the violation is not substantial a bright yellow,
17triangular sticker shall be placed next to the Certificate of
18Safety at the time the nonscheduled inspection is made. The
19Department shall reinspect the vehicle after 3 working days to
20determine that the violation has been corrected and remove the
21yellow, triangular decal. If the violation is not corrected
22within 3 working days, the Department shall place the vehicle
23out-of-service in accordance with procedures in subsection
24(b).
25    (d) If a violation is not substantial and does not
26directly affect the safe operation of the vehicle, the

 

 

HB3476- 34 -LRB103 27485 MXP 53857 b

1Department shall issue a warning notice requiring correction
2of the violation. Such correction shall be accomplished as
3soon as practicable and a report of the correction shall be
4made to the Department within 30 days in a manner established
5by the Department. If the Department has not been advised that
6the corrections have been made, and the violations still
7exist, the Department shall place the vehicle out-of-service
8in accordance with procedures in subsection (b).
9    (e) The Department is authorized to promulgate regulations
10to implement its program of nonscheduled inspections. Causing
11or allowing the operation of an out-of-service vehicle with
12passengers or unauthorized removal of an out-of-service
13sticker is a Class 3 felony. Causing or allowing the operation
14of a vehicle with a 3-day sticker for longer than 3 days with
15the sticker attached or the unauthorized removal of a 3-day
16sticker is a Class C misdemeanor.
17    (f) If a second division vehicle, first division vehicle
18including a taxi which is used for a purpose that requires a
19school bus driver permit, medical transport vehicle, or
20vehicle operated by a contract carrier as provided in
21subsection (a) of this Section is in safe mechanical
22condition, as determined pursuant to Chapter 13, the operator
23of the official testing station must at once issue to the
24second division vehicle, first division vehicle including a
25taxi which is used for a purpose that requires a school bus
26driver permit, or medical transport vehicle a certificate of

 

 

HB3476- 35 -LRB103 27485 MXP 53857 b

1safety, in the form and manner prescribed by the Department,
2which shall be affixed to the vehicle by the certified safety
3tester who performed the safety tests. The owner of the second
4division vehicle, first division vehicle including a taxi
5which is used for a purpose that requires a school bus driver
6permit, or medical transport vehicle or the contract carrier
7shall at all times display the Certificate of Safety on the
8second division vehicle, first division vehicle including a
9taxi which is used for a purpose that requires a school bus
10driver permit, medical transport vehicle, or vehicle operated
11by a contract carrier in the manner prescribed by the
12Department.
13    (g) If a test shows that a second division vehicle, first
14division vehicle including a taxi which is used for a purpose
15that requires a school bus driver permit, medical transport
16vehicle, or vehicle operated by a contract carrier is not in
17safe mechanical condition as provided in this Section, it
18shall not be operated on the highways until it has been
19repaired and submitted to a retest at an official testing
20station. If the owner or contract carrier submits the vehicle
21to a retest at a different official testing station from that
22where it failed to pass the first test, he or she shall present
23to the operator of the second station the report of the
24original test, and shall notify the Department in writing,
25giving the name and address of the original testing station
26and the defects which prevented the issuance of a Certificate

 

 

HB3476- 36 -LRB103 27485 MXP 53857 b

1of Safety, and the name and address of the second official
2testing station making the retest.
3(Source: P.A. 102-982, eff. 7-1-23.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect July 1,
122023.