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Public Act 102-1130
Public Act 1130 102ND GENERAL ASSEMBLY
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Public Act 102-1130
| | HB1688 Enrolled | LRB102 03747 HEP 13760 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by | changing Sections 1-217 and 6-106.1 as follows:
| (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
| Sec. 1-217. Vehicle. Every device, in, upon or by which | any person or
property is or may be transported or drawn upon a | highway or requiring a
certificate of title under Section | 3-101(d) of this Code, except
devices
moved by human power, | devices used exclusively upon stationary rails or
tracks, and | snowmobiles as defined in the Snowmobile Registration and
| Safety Act.
| For the purposes of this Code, unless otherwise | prescribed, a device
shall be considered to be a vehicle until | such time it either comes within
the definition of a junk | vehicle, as defined under this Code, or a junking
certificate | is issued for it.
| For this Code, vehicles are divided into 2 divisions:
| First Division: Those motor vehicles which are designed | for the carrying
of not more than 10 persons.
| Second Division: Those vehicles which are designed for | carrying more than
10 persons, those designed or used for |
| living quarters and those vehicles
which are designed for | pulling or carrying property, freight, or cargo and ,
those | motor vehicles of the First Division remodelled for use and | used as
motor vehicles of the Second Division, and those motor | vehicles of the
First Division used and registered as school | buses.
| (Source: P.A. 92-812, eff. 8-21-02.)
| (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| Sec. 6-106.1. School bus driver permit.
| (a) The Secretary of State shall issue a school bus driver
| permit for the operation of first or second division vehicles | being operated as school buses or a permit valid only for the | operation of first division vehicles being operated as school | buses to those applicants who have met all the requirements of | the
application and screening process under this Section to | insure the
welfare and safety of children who are transported | on school buses
throughout the State of Illinois. Applicants | shall obtain the
proper application required by the Secretary | of State from their
prospective or current employer and submit | the completed
application to the prospective or current | employer along
with the necessary fingerprint submission as | required by the Illinois
State Police to conduct fingerprint | based criminal background
checks on current and future | information available in the state
system and current | information available through the Federal Bureau
of |
| Investigation's system. Applicants who have completed the
| fingerprinting requirements shall not be subjected to the
| fingerprinting process when applying for subsequent permits or
| submitting proof of successful completion of the annual | refresher
course. Individuals who on July 1, 1995 (the | effective date of Public Act 88-612) possess a valid
school | bus driver permit that has been previously issued by the | appropriate
Regional School Superintendent are not subject to | the fingerprinting
provisions of this Section as long as the | permit remains valid and does not
lapse. The applicant shall | be required to pay all related
application and fingerprinting | fees as established by rule
including, but not limited to, the | amounts established by the Illinois
State Police and the | Federal Bureau of Investigation to process
fingerprint based | criminal background investigations. All fees paid for
| fingerprint processing services under this Section shall be | deposited into the
State Police Services Fund for the cost | incurred in processing the fingerprint
based criminal | background investigations. All other fees paid under this
| Section shall be deposited into the Road
Fund for the purpose | of defraying the costs of the Secretary of State in
| administering this Section. All applicants must:
| 1. be 21 years of age or older;
| 2. possess a valid and properly classified driver's | license
issued by the Secretary of State;
| 3. possess a valid driver's license, which has not |
| been
revoked, suspended, or canceled for 3 years | immediately prior to
the date of application, or have not | had his or her commercial motor vehicle
driving privileges
| disqualified within the 3 years immediately prior to the | date of application;
| 4. successfully pass a first division or second | division written test, administered by the
Secretary of | State, on school bus operation, school bus safety, and
| special traffic laws relating to school buses and submit | to a review
of the applicant's driving habits by the | Secretary of State at the time the
written test is given;
| 5. demonstrate ability to exercise reasonable care in | the operation of
school buses in accordance with rules | promulgated by the Secretary of State;
| 6. demonstrate physical fitness to operate school | buses by
submitting the results of a medical examination, | including tests for drug
use for each applicant not | subject to such testing pursuant to
federal law, conducted | by a licensed physician, a licensed advanced practice | registered nurse, or a licensed physician assistant
within | 90 days of the date
of application according to standards | promulgated by the Secretary of State;
| 7. affirm under penalties of perjury that he or she | has not made a
false statement or knowingly concealed a | material fact
in any application for permit;
| 8. have completed an initial classroom course, |
| including first aid
procedures, in school bus driver | safety as promulgated by the Secretary of
State; and after | satisfactory completion of said initial course an annual
| refresher course; such courses and the agency or | organization conducting such
courses shall be approved by | the Secretary of State; failure to
complete the annual | refresher course, shall result in
cancellation of the | permit until such course is completed;
| 9. not have been under an order of court supervision | for or convicted of 2 or more serious traffic offenses, as
| defined by rule, within one year prior to the date of | application that may
endanger the life or safety of any of | the driver's passengers within the
duration of the permit | period;
| 10. not have been under an order of court supervision | for or convicted of reckless driving, aggravated reckless | driving, driving while under the influence of alcohol, | other drug or drugs, intoxicating compound or compounds or | any combination thereof, or reckless homicide resulting | from the operation of a motor
vehicle within 3 years of the | date of application;
| 11. not have been convicted of committing or | attempting
to commit any
one or more of the following | offenses: (i) those offenses defined in
Sections 8-1, | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, |
| 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
| 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
| 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | of Section 24-3, and those offenses contained in Article | 29D of the Criminal Code of 1961 or the Criminal Code of | 2012; (ii) those offenses defined in the
Cannabis Control | Act except those offenses defined in subsections (a) and
| (b) of Section 4, and subsection (a) of Section 5 of the | Cannabis Control
Act; (iii) those offenses defined in the | Illinois Controlled Substances
Act; (iv) those offenses | defined in the Methamphetamine Control and Community | Protection Act; and (v) any offense committed or attempted | in any other state or against
the laws of the United | States, which if committed or attempted in this
State |
| would be punishable as one or more of the foregoing | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | of the Wrongs to Children Act or Section 11-9.1A of the | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | those offenses defined in Section 6-16 of the Liquor | Control Act of
1934;
and (viii) those offenses defined in | the Methamphetamine Precursor Control Act;
| 12. not have been repeatedly involved as a driver in | motor vehicle
collisions or been repeatedly convicted of | offenses against
laws and ordinances regulating the | movement of traffic, to a degree which
indicates lack of | ability to exercise ordinary and reasonable care in the
| safe operation of a motor vehicle or disrespect for the | traffic laws and
the safety of other persons upon the | highway;
| 13. not have, through the unlawful operation of a | motor
vehicle, caused an accident resulting in the death | of any person;
| 14. not have, within the last 5 years, been adjudged | to be
afflicted with or suffering from any mental | disability or disease;
| 15. consent, in writing, to the release of results of | reasonable suspicion drug and alcohol testing under | Section 6-106.1c of this Code by the employer of the | applicant to the Secretary of State; and | 16. not have been convicted of committing or |
| attempting to commit within the last 20 years: (i) an | offense defined in subsection (c) of Section 4, subsection | (b) of Section 5, and subsection (a) of Section 8 of the | Cannabis Control Act; or (ii) any offenses in any other | state or against the laws of the United States that, if | committed or attempted in this State, would be punishable | as one or more of the foregoing offenses. | (a-5) By January 1, 2024, the Secretary of State, in | conjunction with the Illinois State Board of Education, shall
| develop a separate classroom course and refresher course for | operation of vehicles of the
first division being operated as | school buses. Regional superintendents of schools,
working | with the Illinois State Board of Education, shall offer the | course. | (b) A school bus driver permit shall be valid for a period | specified by
the Secretary of State as set forth by rule. It | shall be renewable upon compliance with subsection (a) of this
| Section.
| (c) A school bus driver permit shall contain the holder's | driver's
license number, legal name, residence address, zip | code, and date
of birth, a brief description of the holder and | a space for signature. The
Secretary of State may require a | suitable photograph of the holder.
| (d) The employer shall be responsible for conducting a | pre-employment
interview with prospective school bus driver | candidates, distributing school
bus driver applications and |
| medical forms to be completed by the applicant, and
submitting | the applicant's fingerprint cards to the Illinois State Police
| that are required for the criminal background investigations. | The employer
shall certify in writing to the Secretary of | State that all pre-employment
conditions have been | successfully completed including the successful completion
of | an Illinois specific criminal background investigation through | the Illinois
State Police and the submission of necessary
| fingerprints to the Federal Bureau of Investigation for | criminal
history information available through the Federal | Bureau of
Investigation system. The applicant shall present | the
certification to the Secretary of State at the time of | submitting
the school bus driver permit application.
| (e) Permits shall initially be provisional upon receiving
| certification from the employer that all pre-employment | conditions
have been successfully completed, and upon | successful completion of
all training and examination | requirements for the classification of
the vehicle to be | operated, the Secretary of State shall
provisionally issue a | School Bus Driver Permit. The permit shall
remain in a | provisional status pending the completion of the
Federal | Bureau of Investigation's criminal background investigation | based
upon fingerprinting specimens submitted to the Federal | Bureau of
Investigation by the Illinois State Police. The | Federal Bureau of
Investigation shall report the findings | directly to the Secretary
of State. The Secretary of State |
| shall remove the bus driver
permit from provisional status | upon the applicant's successful
completion of the Federal | Bureau of Investigation's criminal
background investigation.
| (f) A school bus driver permit holder shall notify the
| employer and the Secretary of State if he or she is issued an | order of court supervision for or convicted in
another state | of an offense that would make him or her ineligible
for a | permit under subsection (a) of this Section. The
written | notification shall be made within 5 days of the entry of
the | order of court supervision or conviction. Failure of the | permit holder to provide the
notification is punishable as a | petty
offense for a first violation and a Class B misdemeanor | for a
second or subsequent violation.
| (g) Cancellation; suspension; notice and procedure.
| (1) The Secretary of State shall cancel a school bus
| driver permit of an applicant whose criminal background | investigation
discloses that he or she is not in | compliance with the provisions of subsection
(a) of this | Section.
| (2) The Secretary of State shall cancel a school
bus | driver permit when he or she receives notice that the | permit holder fails
to comply with any provision of this | Section or any rule promulgated for the
administration of | this Section.
| (3) The Secretary of State shall cancel a school bus
| driver permit if the permit holder's restricted commercial |
| or
commercial driving privileges are withdrawn or | otherwise
invalidated.
| (4) The Secretary of State may not issue a school bus
| driver permit for a period of 3 years to an applicant who | fails to
obtain a negative result on a drug test as | required in item 6 of
subsection (a) of this Section or | under federal law.
| (5) The Secretary of State shall forthwith suspend
a | school bus driver permit for a period of 3 years upon | receiving
notice that the holder has failed to obtain a | negative result on a
drug test as required in item 6 of | subsection (a) of this Section
or under federal law.
| (6) The Secretary of State shall suspend a school bus | driver permit for a period of 3 years upon receiving | notice from the employer that the holder failed to perform | the inspection procedure set forth in subsection (a) or | (b) of Section 12-816 of this Code. | (7) The Secretary of State shall suspend a school bus | driver permit for a period of 3 years upon receiving | notice from the employer that the holder refused to submit | to an alcohol or drug test as required by Section 6-106.1c | or has submitted to a test required by that Section which | disclosed an alcohol concentration of more than 0.00 or | disclosed a positive result on a National Institute on | Drug Abuse five-drug panel, utilizing federal standards | set forth in 49 CFR 40.87. |
| The Secretary of State shall notify the State | Superintendent
of Education and the permit holder's | prospective or current
employer that the applicant has (1) has | failed a criminal
background investigation or (2) is no
longer | eligible for a school bus driver permit; and of the related
| cancellation of the applicant's provisional school bus driver | permit. The
cancellation shall remain in effect pending the | outcome of a
hearing pursuant to Section 2-118 of this Code. | The scope of the
hearing shall be limited to the issuance | criteria contained in
subsection (a) of this Section. A | petition requesting a
hearing shall be submitted to the | Secretary of State and shall
contain the reason the individual | feels he or she is entitled to a
school bus driver permit. The | permit holder's
employer shall notify in writing to the | Secretary of State
that the employer has certified the removal | of the offending school
bus driver from service prior to the | start of that school bus
driver's next workshift. An employing | school board that fails to
remove the offending school bus | driver from service is
subject to the penalties defined in | Section 3-14.23 of the School Code. A
school bus
contractor | who violates a provision of this Section is
subject to the | penalties defined in Section 6-106.11.
| All valid school bus driver permits issued under this | Section
prior to January 1, 1995, shall remain effective until | their
expiration date unless otherwise invalidated.
| (h) When a school bus driver permit holder who is a service |
| member is called to active duty, the employer of the permit | holder shall notify the Secretary of State, within 30 days of | notification from the permit holder, that the permit holder | has been called to active duty. Upon notification pursuant to | this subsection, (i) the Secretary of State shall characterize | the permit as inactive until a permit holder renews the permit | as provided in subsection (i) of this Section, and (ii) if a | permit holder fails to comply with the requirements of this | Section while called to active duty, the Secretary of State | shall not characterize the permit as invalid. | (i) A school bus driver permit holder who is a service | member returning from active duty must, within 90 days, renew | a permit characterized as inactive pursuant to subsection (h) | of this Section by complying with the renewal requirements of | subsection (b) of this Section. | (j) For purposes of subsections (h) and (i) of this | Section: | "Active duty" means active duty pursuant to an executive | order of the President of the United States, an act of the | Congress of the United States, or an order of the Governor. | "Service member" means a member of the Armed Services or | reserve forces of the United States or a member of the Illinois | National Guard. | (k) A private carrier employer of a school bus driver | permit holder, having satisfied the employer requirements of | this Section, shall be held to a standard of ordinary care for |
| intentional acts committed in the course of employment by the | bus driver permit holder. This subsection (k) shall in no way | limit the liability of the private carrier employer for | violation of any provision of this Section or for the | negligent hiring or retention of a school bus driver permit | holder. | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised | 10-13-21.)
| Section 99. Effective date. This Act takes effect July 1, | 2023.
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Effective Date: 7/1/2023
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