Bill Amendment: IL HB3476 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-SCHOOL BUS PERMITS
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3476 Detail]
Download: Illinois-2023-HB3476-House_Amendment_001.html
Bill Title: VEH CD-SCHOOL BUS PERMITS
Status: 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3476 Detail]
Download: Illinois-2023-HB3476-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3476
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2 | AMENDMENT NO. ______. Amend House Bill 3476 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing 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)
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7 | (Text of Section before amendment by P.A. 102-1130 )
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8 | Sec. 1-217. Vehicle. Every device, in, upon or by which | ||||||
9 | any person or
property is or may be transported or drawn upon a | ||||||
10 | highway or requiring a
certificate of title under Section | ||||||
11 | 3-101(d) of this Code, except
devices
moved by human power, | ||||||
12 | devices used exclusively upon stationary rails or
tracks , and | ||||||
13 | snowmobiles as defined in the Snowmobile Registration and
| ||||||
14 | Safety Act.
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15 | For the purposes of this Code, unless otherwise | ||||||
16 | prescribed, a device
shall be considered to be a vehicle until |
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1 | such time it either comes within
the definition of a junk | ||||||
2 | vehicle, as defined under this Code, or a junking
certificate | ||||||
3 | is issued for it.
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4 | For this Code, vehicles are divided into 2 divisions:
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5 | First Division: Those motor vehicles which are designed | ||||||
6 | for the carrying
of not more than 10 persons.
| ||||||
7 | Second Division: Those vehicles which are designed for | ||||||
8 | carrying more than
10 persons, those designed or used for | ||||||
9 | living quarters and those vehicles
which are designed for | ||||||
10 | pulling or carrying property, freight , or cargo and ,
those | ||||||
11 | motor vehicles of the First Division remodelled for use and | ||||||
12 | used as
motor vehicles of the Second Division , and those motor | ||||||
13 | vehicles of the
First Division used and registered as school | ||||||
14 | buses .
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15 | (Source: P.A. 92-812, eff. 8-21-02.)
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16 | (Text of Section after amendment by P.A. 102-1130 )
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17 | Sec. 1-217. Vehicle. Every device, in, upon or by which | ||||||
18 | any person or
property is or may be transported or drawn upon a | ||||||
19 | highway or requiring a
certificate of title under Section | ||||||
20 | 3-101(d) of this Code, except
devices
moved by human power, | ||||||
21 | devices used exclusively upon stationary rails or
tracks, and | ||||||
22 | snowmobiles as defined in the Snowmobile Registration and
| ||||||
23 | Safety Act.
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24 | For the purposes of this Code, unless otherwise | ||||||
25 | prescribed, a device
shall be considered to be a vehicle until |
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1 | such time it either comes within
the definition of a junk | ||||||
2 | vehicle, as defined under this Code, or a junking
certificate | ||||||
3 | is issued for it.
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4 | For this Code, vehicles are divided into 2 divisions:
| ||||||
5 | First Division: Those motor vehicles which are designed | ||||||
6 | for the carrying
of not more than 10 persons.
| ||||||
7 | Second Division: Those vehicles which are designed for | ||||||
8 | carrying more than
10 persons, those designed or used for | ||||||
9 | living quarters and those vehicles
which are designed for | ||||||
10 | pulling or carrying property, freight, or cargo and
those | ||||||
11 | motor vehicles of the First Division remodelled for use and | ||||||
12 | used as
motor vehicles of the Second Division.
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13 | (Source: P.A. 102-1130, eff. 7-1-23.)
| ||||||
14 | (625 ILCS 5/6-106.1)
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15 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
16 | Sec. 6-106.1. School bus driver permit.
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17 | (a) The Secretary of State shall issue a school bus driver
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18 | permit to those applicants who have met all the requirements | ||||||
19 | of the
application and screening process under this Section to | ||||||
20 | insure the
welfare and safety of children who are transported | ||||||
21 | on school buses
throughout the State of Illinois. Applicants | ||||||
22 | shall obtain the
proper application required by the Secretary | ||||||
23 | of State from their
prospective or current employer and submit | ||||||
24 | the completed
application to the prospective or current | ||||||
25 | employer along
with the necessary fingerprint submission as |
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1 | required by the Illinois
State Police to conduct fingerprint | ||||||
2 | based criminal background
checks on current and future | ||||||
3 | information available in the state
system and current | ||||||
4 | information available through the Federal Bureau
of | ||||||
5 | Investigation's system. Applicants who have completed the
| ||||||
6 | fingerprinting requirements shall not be subjected to the
| ||||||
7 | fingerprinting process when applying for subsequent permits or
| ||||||
8 | submitting proof of successful completion of the annual | ||||||
9 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
10 | effective date of Public Act 88-612) possess a valid
school | ||||||
11 | bus driver permit that has been previously issued by the | ||||||
12 | appropriate
Regional School Superintendent are not subject to | ||||||
13 | the fingerprinting
provisions of this Section as long as the | ||||||
14 | permit remains valid and does not
lapse. The applicant shall | ||||||
15 | be required to pay all related
application and fingerprinting | ||||||
16 | fees as established by rule
including, but not limited to, the | ||||||
17 | amounts established by the Illinois
State Police and the | ||||||
18 | Federal Bureau of Investigation to process
fingerprint based | ||||||
19 | criminal background investigations. All fees paid for
| ||||||
20 | fingerprint processing services under this Section shall be | ||||||
21 | deposited into the
State Police Services Fund for the cost | ||||||
22 | incurred in processing the fingerprint
based criminal | ||||||
23 | background investigations. All other fees paid under this
| ||||||
24 | Section shall be deposited into the Road
Fund for the purpose | ||||||
25 | of defraying the costs of the Secretary of State in
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26 | administering this Section. All applicants must:
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1 | 1. be 21 years of age or older;
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2 | 2. possess a valid and properly classified driver's | ||||||
3 | license
issued by the Secretary of State;
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4 | 3. possess a valid driver's license, which has not | ||||||
5 | been
revoked, suspended, or canceled for 3 years | ||||||
6 | immediately prior to
the date of application, or have not | ||||||
7 | had his or her commercial motor vehicle
driving privileges
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8 | disqualified within the 3 years immediately prior to the | ||||||
9 | date of application;
| ||||||
10 | 4. successfully pass a written test, administered by | ||||||
11 | the
Secretary of State, on school bus operation, school | ||||||
12 | bus safety, and
special traffic laws relating to school | ||||||
13 | buses and submit to a review
of the applicant's driving | ||||||
14 | habits by the Secretary of State at the time the
written | ||||||
15 | test is given;
| ||||||
16 | 5. demonstrate ability to exercise reasonable care in | ||||||
17 | the operation of
school buses in accordance with rules | ||||||
18 | promulgated by the Secretary of State;
| ||||||
19 | 6. demonstrate physical fitness to operate school | ||||||
20 | buses by
submitting the results of a medical examination, | ||||||
21 | including tests for drug
use for each applicant not | ||||||
22 | subject to such testing pursuant to
federal law, conducted | ||||||
23 | by a licensed physician, a licensed advanced practice | ||||||
24 | registered nurse, or a licensed physician assistant
within | ||||||
25 | 90 days of the date
of application according to standards | ||||||
26 | promulgated by the Secretary of State;
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1 | 7. affirm under penalties of perjury that he or she | ||||||
2 | has not made a
false statement or knowingly concealed a | ||||||
3 | material fact
in any application for permit;
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4 | 8. have completed an initial classroom course, | ||||||
5 | including first aid
procedures, in school bus driver | ||||||
6 | safety as promulgated by the Secretary of
State; and after | ||||||
7 | satisfactory completion of said initial course an annual
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8 | refresher course; such courses and the agency or | ||||||
9 | organization conducting such
courses shall be approved by | ||||||
10 | the Secretary of State; failure to
complete the annual | ||||||
11 | refresher course, shall result in
cancellation of the | ||||||
12 | permit until such course is completed;
| ||||||
13 | 9. not have been under an order of court supervision | ||||||
14 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
15 | defined by rule, within one year prior to the date of | ||||||
16 | application that may
endanger the life or safety of any of | ||||||
17 | the driver's passengers within the
duration of the permit | ||||||
18 | period;
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19 | 10. not have been under an order of court supervision | ||||||
20 | for or convicted of reckless driving, aggravated reckless | ||||||
21 | driving, driving while under the influence of alcohol, | ||||||
22 | other drug or drugs, intoxicating compound or compounds or | ||||||
23 | any combination thereof, or reckless homicide resulting | ||||||
24 | from the operation of a motor
vehicle within 3 years of the | ||||||
25 | date of application;
| ||||||
26 | 11. not have been convicted of committing or |
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1 | attempting
to commit any
one or more of the following | ||||||
2 | offenses: (i) those offenses defined in
Sections 8-1, | ||||||
3 | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||||||
4 | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | ||||||
5 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
6 | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||||||
7 | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
8 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
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9 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||||||
10 | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||||||
11 | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
12 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | ||||||
13 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
14 | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||||||
15 | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
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16 | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
17 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
18 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
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19 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
20 | of Section 24-3, and those offenses contained in Article | ||||||
21 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
22 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
23 | Act except those offenses defined in subsections (a) and
| ||||||
24 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
25 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
26 | Illinois Controlled Substances
Act; (iv) those offenses |
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1 | defined in the Methamphetamine Control and Community | ||||||
2 | Protection Act; (v) any offense committed or attempted in | ||||||
3 | any other state or against
the laws of the United States, | ||||||
4 | which if committed or attempted in this
State would be | ||||||
5 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
6 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
7 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
9 | defined in Section 6-16 of the Liquor Control Act of
1934;
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10 | and (viii) those offenses defined in the Methamphetamine | ||||||
11 | Precursor Control Act;
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12 | 12. not have been repeatedly involved as a driver in | ||||||
13 | motor vehicle
collisions or been repeatedly convicted of | ||||||
14 | offenses against
laws and ordinances regulating the | ||||||
15 | movement of traffic, to a degree which
indicates lack of | ||||||
16 | ability to exercise ordinary and reasonable care in the
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17 | safe operation of a motor vehicle or disrespect for the | ||||||
18 | traffic laws and
the safety of other persons upon the | ||||||
19 | highway;
| ||||||
20 | 13. not have, through the unlawful operation of a | ||||||
21 | motor
vehicle, caused an accident resulting in the death | ||||||
22 | of any person;
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23 | 14. not have, within the last 5 years, been adjudged | ||||||
24 | to be
afflicted with or suffering from any mental | ||||||
25 | disability or disease;
| ||||||
26 | 15. consent, in writing, to the release of results of |
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| |||||||
1 | reasonable suspicion drug and alcohol testing under | ||||||
2 | Section 6-106.1c of this Code by the employer of the | ||||||
3 | applicant to the Secretary of State; and | ||||||
4 | 16. not have been convicted of committing or | ||||||
5 | attempting to commit within the last 20 years: (i) an | ||||||
6 | offense defined in subsection (c) of Section 4, subsection | ||||||
7 | (b) of Section 5, and subsection (a) of Section 8 of the | ||||||
8 | Cannabis Control Act; or (ii) any offenses in any other | ||||||
9 | state or against the laws of the United States that, if | ||||||
10 | committed or attempted in this State, would be punishable | ||||||
11 | as one or more of the foregoing offenses. | ||||||
12 | (a-5) If an applicant's driver's license has been | ||||||
13 | suspended within the 3 years immediately prior to the date of | ||||||
14 | application for the sole reason of failure to pay child | ||||||
15 | support, that suspension shall not bar the applicant from | ||||||
16 | receiving a school bus driver permit. | ||||||
17 | (b) A school bus driver permit shall be valid for a period | ||||||
18 | specified by
the Secretary of State as set forth by rule. It | ||||||
19 | shall be renewable upon compliance with subsection (a) of this
| ||||||
20 | Section.
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21 | (c) A school bus driver permit shall contain the holder's | ||||||
22 | driver's
license number, legal name, residence address, zip | ||||||
23 | code, and date
of birth, a brief description of the holder and | ||||||
24 | a space for signature. The
Secretary of State may require a | ||||||
25 | suitable photograph of the holder.
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26 | (d) The employer shall be responsible for conducting a |
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1 | pre-employment
interview with prospective school bus driver | ||||||
2 | candidates, distributing school
bus driver applications and | ||||||
3 | medical forms to be completed by the applicant, and
submitting | ||||||
4 | the applicant's fingerprint cards to the Illinois State Police
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5 | that are required for the criminal background investigations. | ||||||
6 | The employer
shall certify in writing to the Secretary of | ||||||
7 | State that all pre-employment
conditions have been | ||||||
8 | successfully completed including the successful completion
of | ||||||
9 | an Illinois specific criminal background investigation through | ||||||
10 | the Illinois
State Police and the submission of necessary
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11 | fingerprints to the Federal Bureau of Investigation for | ||||||
12 | criminal
history information available through the Federal | ||||||
13 | Bureau of
Investigation system. The applicant shall present | ||||||
14 | the
certification to the Secretary of State at the time of | ||||||
15 | submitting
the school bus driver permit application.
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16 | (e) Permits shall initially be provisional upon receiving
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17 | certification from the employer that all pre-employment | ||||||
18 | conditions
have been successfully completed, and upon | ||||||
19 | successful completion of
all training and examination | ||||||
20 | requirements for the classification of
the vehicle to be | ||||||
21 | operated, the Secretary of State shall
provisionally issue a | ||||||
22 | School Bus Driver Permit. The permit shall
remain in a | ||||||
23 | provisional status pending the completion of the
Federal | ||||||
24 | Bureau of Investigation's criminal background investigation | ||||||
25 | based
upon fingerprinting specimens submitted to the Federal | ||||||
26 | Bureau of
Investigation by the Illinois State Police. The |
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1 | Federal Bureau of
Investigation shall report the findings | ||||||
2 | directly to the Secretary
of State. The Secretary of State | ||||||
3 | shall remove the bus driver
permit from provisional status | ||||||
4 | upon the applicant's successful
completion of the Federal | ||||||
5 | Bureau of Investigation's criminal
background investigation.
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6 | (f) A school bus driver permit holder shall notify the
| ||||||
7 | employer and the Secretary of State if he or she is issued an | ||||||
8 | order of court supervision for or convicted in
another state | ||||||
9 | of an offense that would make him or her ineligible
for a | ||||||
10 | permit under subsection (a) of this Section. The
written | ||||||
11 | notification shall be made within 5 days of the entry of
the | ||||||
12 | order of court supervision or conviction. Failure of the | ||||||
13 | permit holder to provide the
notification is punishable as a | ||||||
14 | petty
offense for a first violation and a Class B misdemeanor | ||||||
15 | for a
second or subsequent violation.
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16 | (g) Cancellation; suspension; notice and procedure.
| ||||||
17 | (1) The Secretary of State shall cancel a school bus
| ||||||
18 | driver permit of an applicant whose criminal background | ||||||
19 | investigation
discloses that he or she is not in | ||||||
20 | compliance with the provisions of subsection
(a) of this | ||||||
21 | Section.
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22 | (2) The Secretary of State shall cancel a school
bus | ||||||
23 | driver permit when he or she receives notice that the | ||||||
24 | permit holder fails
to comply with any provision of this | ||||||
25 | Section or any rule promulgated for the
administration of | ||||||
26 | this Section.
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1 | (3) The Secretary of State shall cancel a school bus
| ||||||
2 | driver permit if the permit holder's restricted commercial | ||||||
3 | or
commercial driving privileges are withdrawn or | ||||||
4 | otherwise
invalidated.
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5 | (4) The Secretary of State may not issue a school bus
| ||||||
6 | driver permit for a period of 3 years to an applicant who | ||||||
7 | fails to
obtain a negative result on a drug test as | ||||||
8 | required in item 6 of
subsection (a) of this Section or | ||||||
9 | under federal law.
| ||||||
10 | (5) The Secretary of State shall forthwith suspend
a | ||||||
11 | school bus driver permit for a period of 3 years upon | ||||||
12 | receiving
notice that the holder has failed to obtain a | ||||||
13 | negative result on a
drug test as required in item 6 of | ||||||
14 | subsection (a) of this Section
or under federal law.
| ||||||
15 | (6) The Secretary of State shall suspend a school bus | ||||||
16 | driver permit for a period of 3 years upon receiving | ||||||
17 | notice from the employer that the holder failed to perform | ||||||
18 | the inspection procedure set forth in subsection (a) or | ||||||
19 | (b) of Section 12-816 of this Code. | ||||||
20 | (7) The Secretary of State shall suspend a school bus | ||||||
21 | driver permit for a period of 3 years upon receiving | ||||||
22 | notice from the employer that the holder refused to submit | ||||||
23 | to an alcohol or drug test as required by Section 6-106.1c | ||||||
24 | or has submitted to a test required by that Section which | ||||||
25 | disclosed an alcohol concentration of more than 0.00 or | ||||||
26 | disclosed a positive result on a National Institute on |
| |||||||
| |||||||
1 | Drug Abuse five-drug panel, utilizing federal standards | ||||||
2 | set forth in 49 CFR 40.87. | ||||||
3 | The Secretary of State shall notify the State | ||||||
4 | Superintendent
of Education and the permit holder's | ||||||
5 | prospective or current
employer that the applicant has (1) has | ||||||
6 | failed a criminal
background investigation or (2) is no
longer | ||||||
7 | eligible for a school bus driver permit; and of the related
| ||||||
8 | cancellation of the applicant's provisional school bus driver | ||||||
9 | permit. The
cancellation shall remain in effect pending the | ||||||
10 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
11 | The scope of the
hearing shall be limited to the issuance | ||||||
12 | criteria contained in
subsection (a) of this Section. A | ||||||
13 | petition requesting a
hearing shall be submitted to the | ||||||
14 | Secretary of State and shall
contain the reason the individual | ||||||
15 | feels he or she is entitled to a
school bus driver permit. The | ||||||
16 | permit holder's
employer shall notify in writing to the | ||||||
17 | Secretary of State
that the employer has certified the removal | ||||||
18 | of the offending school
bus driver from service prior to the | ||||||
19 | start of that school bus
driver's next workshift. An employing | ||||||
20 | school board that fails to
remove the offending school bus | ||||||
21 | driver from service is
subject to the penalties defined in | ||||||
22 | Section 3-14.23 of the School Code. A
school bus
contractor | ||||||
23 | who violates a provision of this Section is
subject to the | ||||||
24 | penalties defined in Section 6-106.11.
| ||||||
25 | All valid school bus driver permits issued under this | ||||||
26 | Section
prior to January 1, 1995, shall remain effective until |
| |||||||
| |||||||
1 | their
expiration date unless otherwise invalidated.
| ||||||
2 | (h) When a school bus driver permit holder who is a service | ||||||
3 | member is called to active duty, the employer of the permit | ||||||
4 | holder shall notify the Secretary of State, within 30 days of | ||||||
5 | notification from the permit holder, that the permit holder | ||||||
6 | has been called to active duty. Upon notification pursuant to | ||||||
7 | this subsection, (i) the Secretary of State shall characterize | ||||||
8 | the permit as inactive until a permit holder renews the permit | ||||||
9 | as provided in subsection (i) of this Section, and (ii) if a | ||||||
10 | permit holder fails to comply with the requirements of this | ||||||
11 | Section while called to active duty, the Secretary of State | ||||||
12 | shall not characterize the permit as invalid. | ||||||
13 | (i) A school bus driver permit holder who is a service | ||||||
14 | member returning from active duty must, within 90 days, renew | ||||||
15 | a permit characterized as inactive pursuant to subsection (h) | ||||||
16 | of this Section by complying with the renewal requirements of | ||||||
17 | subsection (b) of this Section. | ||||||
18 | (j) For purposes of subsections (h) and (i) of this | ||||||
19 | Section: | ||||||
20 | "Active duty" means active duty pursuant to an executive | ||||||
21 | order of the President of the United States, an act of the | ||||||
22 | Congress of the United States, or an order of the Governor. | ||||||
23 | "Service member" means a member of the Armed Services or | ||||||
24 | reserve forces of the United States or a member of the Illinois | ||||||
25 | National Guard. | ||||||
26 | (k) A private carrier employer of a school bus driver |
| |||||||
| |||||||
1 | permit holder, having satisfied the employer requirements of | ||||||
2 | this Section, shall be held to a standard of ordinary care for | ||||||
3 | intentional acts committed in the course of employment by the | ||||||
4 | bus driver permit holder. This subsection (k) shall in no way | ||||||
5 | limit the liability of the private carrier employer for | ||||||
6 | violation of any provision of this Section or for the | ||||||
7 | negligent hiring or retention of a school bus driver permit | ||||||
8 | holder. | ||||||
9 | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||||||
10 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. | ||||||
11 | 1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.)
| ||||||
12 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
13 | Sec. 6-106.1. School bus driver permit.
| ||||||
14 | (a) The Secretary of State shall issue a school bus driver
| ||||||
15 | permit for the operation of first or second division vehicles
| ||||||
16 | being operated as school buses or a permit valid only for the
| ||||||
17 | operation of first division vehicles being operated as school
| ||||||
18 | buses to those applicants who have met all the requirements of | ||||||
19 | the
application and screening process under this Section to | ||||||
20 | insure the
welfare and safety of children who are transported | ||||||
21 | on school buses
throughout the State of Illinois. Applicants | ||||||
22 | shall obtain the
proper application required by the Secretary | ||||||
23 | of State from their
prospective or current employer and submit | ||||||
24 | the completed
application to the prospective or current | ||||||
25 | employer along
with the necessary fingerprint submission as |
| |||||||
| |||||||
1 | required by the Illinois
State Police to conduct | ||||||
2 | fingerprint-based fingerprint based criminal background
checks | ||||||
3 | on current and future information available in the State state
| ||||||
4 | system and current information available through the Federal | ||||||
5 | Bureau
of Investigation's system. Applicants who have | ||||||
6 | completed the
fingerprinting requirements shall not be | ||||||
7 | subjected to the
fingerprinting process when applying for | ||||||
8 | subsequent permits or
submitting proof of successful | ||||||
9 | completion of the annual refresher
course. Individuals who on | ||||||
10 | July 1, 1995 (the effective date of Public Act 88-612) possess | ||||||
11 | a valid
school bus driver permit that has been previously | ||||||
12 | issued by the appropriate
Regional School Superintendent are | ||||||
13 | not subject to the fingerprinting
provisions of this Section | ||||||
14 | as long as the permit remains valid and does not
lapse. The | ||||||
15 | applicant shall be required to pay all related
application and | ||||||
16 | fingerprinting fees as established by rule ,
including, but not | ||||||
17 | limited to, the amounts established by the Illinois
State | ||||||
18 | Police and the Federal Bureau of Investigation to process | ||||||
19 | fingerprint-based
fingerprint based criminal background | ||||||
20 | investigations. All fees paid for
fingerprint processing | ||||||
21 | services under this Section shall be deposited into the
State | ||||||
22 | Police Services Fund for the cost incurred in processing the | ||||||
23 | fingerprint-based fingerprint
based criminal background | ||||||
24 | investigations. All other fees paid under this
Section shall | ||||||
25 | be deposited into the Road
Fund for the purpose of defraying | ||||||
26 | the costs of the Secretary of State in
administering this |
| |||||||
| |||||||
1 | Section. Other than any applicant to operate a first division
| ||||||
2 | vehicle, all All applicants must:
| ||||||
3 | 1. be 21 years of age or older;
| ||||||
4 | 2. possess a valid and properly classified driver's | ||||||
5 | license
issued by the Secretary of State;
| ||||||
6 | 3. possess a valid driver's license, which has not | ||||||
7 | been
revoked, suspended, or canceled for 3 years | ||||||
8 | immediately prior to
the date of application, or have not | ||||||
9 | had his or her commercial motor vehicle
driving privileges
| ||||||
10 | disqualified within the 3 years immediately prior to the | ||||||
11 | date of application;
| ||||||
12 | 4. successfully pass a school bus or second division | ||||||
13 | written test, administered by the
Secretary of State, on | ||||||
14 | school bus operation, school bus safety, and
special | ||||||
15 | traffic laws relating to school buses and submit to a | ||||||
16 | review
of the applicant's driving habits by the Secretary | ||||||
17 | of State at the time the
written test is given;
| ||||||
18 | 5. demonstrate ability to exercise reasonable care in | ||||||
19 | the operation of
school buses in accordance with rules | ||||||
20 | promulgated by the Secretary of State;
| ||||||
21 | 6. demonstrate physical fitness to operate school | ||||||
22 | buses by
submitting the results of a medical examination, | ||||||
23 | including tests for drug
use for each applicant not | ||||||
24 | subject to such testing pursuant to
federal law, conducted | ||||||
25 | by a licensed physician, a licensed advanced practice | ||||||
26 | registered nurse, or a licensed physician assistant
within |
| |||||||
| |||||||
1 | 90 days of the date
of application according to standards | ||||||
2 | promulgated by the Secretary of State;
| ||||||
3 | 7. affirm under penalties of perjury that he or she | ||||||
4 | has not made a
false statement or knowingly concealed a | ||||||
5 | material fact
in any application for permit;
| ||||||
6 | 8. have completed an initial classroom course, | ||||||
7 | including first aid
procedures, in school bus driver | ||||||
8 | safety as promulgated by the Secretary of
State ; and , | ||||||
9 | after satisfactory completion of said initial course , an | ||||||
10 | annual
refresher course; such courses and the agency or | ||||||
11 | organization conducting such
courses shall be approved by | ||||||
12 | the Secretary of State; failure to
complete the annual | ||||||
13 | refresher course , shall result in
cancellation of the | ||||||
14 | permit until such course is completed;
| ||||||
15 | 9. not have been under an order of court supervision | ||||||
16 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
17 | defined by rule, within one year prior to the date of | ||||||
18 | application that may
endanger the life or safety of any of | ||||||
19 | the driver's passengers within the
duration of the permit | ||||||
20 | period;
| ||||||
21 | 10. not have been under an order of court supervision | ||||||
22 | for or convicted of reckless driving, aggravated reckless | ||||||
23 | driving, driving while under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds or | ||||||
25 | any combination thereof, or reckless homicide resulting | ||||||
26 | from the operation of a motor
vehicle within 3 years of the |
| |||||||
| |||||||
1 | date of application;
| ||||||
2 | 11. not have been convicted of committing or | ||||||
3 | attempting
to commit any
one or more of the following | ||||||
4 | offenses: (i) those offenses defined in
Sections 8-1, | ||||||
5 | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||||||
6 | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | ||||||
7 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
8 | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||||||
9 | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
10 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| ||||||
11 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||||||
12 | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||||||
13 | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
14 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | ||||||
15 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
16 | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||||||
17 | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
| ||||||
18 | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
19 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
20 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
| ||||||
21 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
22 | of Section 24-3, and those offenses contained in Article | ||||||
23 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
25 | Act except those offenses defined in subsections (a) and
| ||||||
26 | (b) of Section 4, and subsection (a) of Section 5 of the |
| |||||||
| |||||||
1 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
2 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
3 | defined in the Methamphetamine Control and Community | ||||||
4 | Protection Act; (v) any offense committed or attempted in | ||||||
5 | any other state or against
the laws of the United States, | ||||||
6 | which if committed or attempted in this
State would be | ||||||
7 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
8 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
9 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
11 | defined in Section 6-16 of the Liquor Control Act of
1934;
| ||||||
12 | and (viii) those offenses defined in the Methamphetamine | ||||||
13 | Precursor Control Act;
| ||||||
14 | 12. not have been repeatedly involved as a driver in | ||||||
15 | motor vehicle
collisions or been repeatedly convicted of | ||||||
16 | offenses against
laws and ordinances regulating the | ||||||
17 | movement of traffic, to a degree which
indicates lack of | ||||||
18 | ability to exercise ordinary and reasonable care in the
| ||||||
19 | safe operation of a motor vehicle or disrespect for the | ||||||
20 | traffic laws and
the safety of other persons upon the | ||||||
21 | highway;
| ||||||
22 | 13. not have, through the unlawful operation of a | ||||||
23 | motor
vehicle, caused a crash resulting in the death of | ||||||
24 | any person;
| ||||||
25 | 14. not have, within the last 5 years, been adjudged | ||||||
26 | to be
afflicted with or suffering from any mental |
| |||||||
| |||||||
1 | disability or disease;
| ||||||
2 | 15. consent, in writing, to the release of results of | ||||||
3 | reasonable suspicion drug and alcohol testing under | ||||||
4 | Section 6-106.1c of this Code by the employer of the | ||||||
5 | applicant to the Secretary of State; and | ||||||
6 | 16. not have been convicted of committing or | ||||||
7 | attempting to commit within the last 20 years: (i) an | ||||||
8 | offense defined in subsection (c) of Section 4, subsection | ||||||
9 | (b) of Section 5, and subsection (a) of Section 8 of the | ||||||
10 | Cannabis Control Act; or (ii) any offenses in any other | ||||||
11 | state or against the laws of the United States that, if | ||||||
12 | committed or attempted in this State, would be punishable | ||||||
13 | as one or more of the foregoing offenses. | ||||||
14 | (a-5) If an applicant's driver's license has been | ||||||
15 | suspended within the 3 years immediately prior to the date of | ||||||
16 | application for the sole reason of failure to pay child | ||||||
17 | support, that suspension shall not bar the applicant from | ||||||
18 | receiving a school bus driver permit. | ||||||
19 | (a-7) The Secretary of State, in conjunction with the
| ||||||
20 | Illinois State Board of Education, shall develop a
separate | ||||||
21 | classroom course and refresher course for
operation of | ||||||
22 | vehicles of the first division being operated
as school buses. | ||||||
23 | The course shall have an examination component that applicants | ||||||
24 | must pass. Regional superintendents of schools,
working with | ||||||
25 | the Illinois State Board of Education, shall
offer the course. | ||||||
26 | (a-8) All applicants to operate a first division
vehicle |
| |||||||
| |||||||
1 | must: | ||||||
2 | (1) meet the requirements of paragraphs 1, 2, 3, 6, 7, | ||||||
3 | and 9 through 16 of subsection (a); and | ||||||
4 | (2) complete the course developed and offered under | ||||||
5 | subsection (a-7),
or complete a training course | ||||||
6 | administered by the service
provider in which the | ||||||
7 | applicant will be employed by, or under
contract with, | ||||||
8 | that covers safe driving practices with a
first division | ||||||
9 | vehicle, special considerations for transporting
students | ||||||
10 | with disabilities, emergency preparedness, and safe
| ||||||
11 | pick-up and drop-off procedures. The vendor course shall | ||||||
12 | have an examination component that applicants must pass. | ||||||
13 | Such vendor course must be approved by the Secretary of | ||||||
14 | State in conjunction with the Illinois State Board of | ||||||
15 | Education. | ||||||
16 | (a-9) An applicant to operate a first division vehicle is | ||||||
17 | exempt from the requirement of paragraph 6 of subsection (a) | ||||||
18 | if the applicant will be providing transportation services | ||||||
19 | with a provider that utilizes a telematics system that sends, | ||||||
20 | receives, and stores telemetry data, including, but not | ||||||
21 | limited to, device use, speeding, hard turning, hard braking, | ||||||
22 | hard acceleration, and collision detection. | ||||||
23 | (b) A school bus driver permit shall be valid for a period | ||||||
24 | specified by
the Secretary of State as set forth by rule. It | ||||||
25 | shall be renewable upon compliance with subsection (a) of this
| ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (c) A school bus driver permit shall contain the holder's | ||||||
2 | driver's
license number, legal name, residence address, zip | ||||||
3 | code, and date
of birth, a brief description of the holder , and | ||||||
4 | a space for signature. The
Secretary of State may require a | ||||||
5 | suitable photograph of the holder.
| ||||||
6 | (d) The employer shall be responsible for conducting a | ||||||
7 | pre-employment
interview with prospective school bus driver | ||||||
8 | candidates, distributing school
bus driver applications and | ||||||
9 | medical forms to be completed by the applicant, and
submitting | ||||||
10 | the applicant's fingerprint cards to the Illinois State Police
| ||||||
11 | that are required for the criminal background investigations. | ||||||
12 | The employer
shall certify in writing to the Secretary of | ||||||
13 | State that all pre-employment
conditions have been | ||||||
14 | successfully completed including the successful completion
of | ||||||
15 | an Illinois specific criminal background investigation through | ||||||
16 | the Illinois
State Police and the submission of necessary
| ||||||
17 | fingerprints to the Federal Bureau of Investigation for | ||||||
18 | criminal
history information available through the Federal | ||||||
19 | Bureau of
Investigation system. The applicant shall present | ||||||
20 | the
certification to the Secretary of State at the time of | ||||||
21 | submitting
the school bus driver permit application.
| ||||||
22 | (e) Permits shall initially be provisional upon receiving
| ||||||
23 | certification from the employer that all pre-employment | ||||||
24 | conditions
have been successfully completed, and upon | ||||||
25 | successful completion of
all training and examination | ||||||
26 | requirements for the classification of
the vehicle to be |
| |||||||
| |||||||
1 | operated, the Secretary of State shall
provisionally issue a | ||||||
2 | School Bus Driver Permit. The permit shall
remain in a | ||||||
3 | provisional status pending the completion of the
Federal | ||||||
4 | Bureau of Investigation's criminal background investigation | ||||||
5 | based
upon fingerprinting specimens submitted to the Federal | ||||||
6 | Bureau of
Investigation by the Illinois State Police. The | ||||||
7 | Federal Bureau of
Investigation shall report the findings | ||||||
8 | directly to the Secretary
of State. The Secretary of State | ||||||
9 | shall remove the bus driver
permit from provisional status | ||||||
10 | upon the applicant's successful
completion of the Federal | ||||||
11 | Bureau of Investigation's criminal
background investigation.
| ||||||
12 | (f) A school bus driver permit holder shall notify the
| ||||||
13 | employer and the Secretary of State if he or she is issued an | ||||||
14 | order of court supervision for or convicted in
another state | ||||||
15 | of an offense that would make him or her ineligible
for a | ||||||
16 | permit under subsection (a) of this Section. The
written | ||||||
17 | notification shall be made within 5 days of the entry of
the | ||||||
18 | order of court supervision or conviction. Failure of the | ||||||
19 | permit holder to provide the
notification is punishable as a | ||||||
20 | petty
offense for a first violation and a Class B misdemeanor | ||||||
21 | for a
second or subsequent violation.
| ||||||
22 | (g) Cancellation; suspension; notice and procedure.
| ||||||
23 | (1) The Secretary of State shall cancel a school bus
| ||||||
24 | driver permit of an applicant whose criminal background | ||||||
25 | investigation
discloses that he or she is not in | ||||||
26 | compliance with the provisions of subsection
(a) of this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (2) The Secretary of State shall cancel a school
bus | ||||||
3 | driver permit when he or she receives notice that the | ||||||
4 | permit holder fails
to comply with any provision of this | ||||||
5 | Section or any rule promulgated for the
administration of | ||||||
6 | this Section.
| ||||||
7 | (3) The Secretary of State shall cancel a school bus
| ||||||
8 | driver permit if the permit holder's restricted commercial | ||||||
9 | or
commercial driving privileges are withdrawn or | ||||||
10 | otherwise
invalidated.
| ||||||
11 | (4) The Secretary of State may not issue a school bus
| ||||||
12 | driver permit for a period of 3 years to an applicant who | ||||||
13 | fails to
obtain a negative result on a drug test as | ||||||
14 | required in item 6 of
subsection (a) of this Section or | ||||||
15 | under federal law.
| ||||||
16 | (5) The Secretary of State shall forthwith suspend
a | ||||||
17 | school bus driver permit for a period of 3 years upon | ||||||
18 | receiving
notice that the holder has failed to obtain a | ||||||
19 | negative result on a
drug test as required in item 6 of | ||||||
20 | subsection (a) of this Section
or under federal law.
| ||||||
21 | (6) The Secretary of State shall suspend a school bus | ||||||
22 | driver permit for a period of 3 years upon receiving | ||||||
23 | notice from the employer that the holder failed to perform | ||||||
24 | the inspection procedure set forth in subsection (a) or | ||||||
25 | (b) of Section 12-816 of this Code. | ||||||
26 | (7) The Secretary of State shall suspend a school bus |
| |||||||
| |||||||
1 | driver permit for a period of 3 years upon receiving | ||||||
2 | notice from the employer that the holder refused to submit | ||||||
3 | to an alcohol or drug test as required by Section 6-106.1c | ||||||
4 | or has submitted to a test required by that Section which | ||||||
5 | disclosed an alcohol concentration of more than 0.00 or | ||||||
6 | disclosed a positive result on a National Institute on | ||||||
7 | Drug Abuse five-drug panel, utilizing federal standards | ||||||
8 | set forth in 49 CFR 40.87. | ||||||
9 | The Secretary of State shall notify the State | ||||||
10 | Superintendent
of Education and the permit holder's | ||||||
11 | prospective or current
employer that the applicant has (1) has | ||||||
12 | failed a criminal
background investigation or (2) is no
longer | ||||||
13 | eligible for a school bus driver permit; and of the related
| ||||||
14 | cancellation of the applicant's provisional school bus driver | ||||||
15 | permit. The
cancellation shall remain in effect pending the | ||||||
16 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
17 | The scope of the
hearing shall be limited to the issuance | ||||||
18 | criteria contained in
subsection (a) of this Section. A | ||||||
19 | petition requesting a
hearing shall be submitted to the | ||||||
20 | Secretary of State and shall
contain the reason the individual | ||||||
21 | feels he or she is entitled to a
school bus driver permit. The | ||||||
22 | permit holder's
employer shall notify in writing to the | ||||||
23 | Secretary of State
that the employer has certified the removal | ||||||
24 | of the offending school
bus driver from service prior to the | ||||||
25 | start of that school bus
driver's next work shift workshift . | ||||||
26 | An employing school board that fails to
remove the offending |
| |||||||
| |||||||
1 | school bus driver from service is
subject to the penalties | ||||||
2 | defined in Section 3-14.23 of the School Code. A
school bus
| ||||||
3 | contractor who violates a provision of this Section is
subject | ||||||
4 | to the penalties defined in Section 6-106.11.
| ||||||
5 | All valid school bus driver permits issued under this | ||||||
6 | Section
prior to January 1, 1995, shall remain effective until | ||||||
7 | their
expiration date unless otherwise invalidated.
| ||||||
8 | (h) When a school bus driver permit holder who is a service | ||||||
9 | member is called to active duty, the employer of the permit | ||||||
10 | holder shall notify the Secretary of State, within 30 days of | ||||||
11 | notification from the permit holder, that the permit holder | ||||||
12 | has been called to active duty. Upon notification pursuant to | ||||||
13 | this subsection, (i) the Secretary of State shall characterize | ||||||
14 | the permit as inactive until a permit holder renews the permit | ||||||
15 | as provided in subsection (i) of this Section, and (ii) if a | ||||||
16 | permit holder fails to comply with the requirements of this | ||||||
17 | Section while called to active duty, the Secretary of State | ||||||
18 | shall not characterize the permit as invalid. | ||||||
19 | (i) A school bus driver permit holder who is a service | ||||||
20 | member returning from active duty must, within 90 days, renew | ||||||
21 | a permit characterized as inactive pursuant to subsection (h) | ||||||
22 | of this Section by complying with the renewal requirements of | ||||||
23 | subsection (b) of this Section. | ||||||
24 | (j) For purposes of subsections (h) and (i) of this | ||||||
25 | Section: | ||||||
26 | "Active duty" means active duty pursuant to an executive |
| |||||||
| |||||||
1 | order of the President of the United States, an act of the | ||||||
2 | Congress of the United States, or an order of the Governor. | ||||||
3 | "Service member" means a member of the Armed Services or | ||||||
4 | reserve forces of the United States or a member of the Illinois | ||||||
5 | National Guard. | ||||||
6 | (k) A private carrier employer of a school bus driver | ||||||
7 | permit holder, having satisfied the employer requirements of | ||||||
8 | this Section, shall be held to a standard of ordinary care for | ||||||
9 | intentional acts committed in the course of employment by the | ||||||
10 | bus driver permit holder. This subsection (k) shall in no way | ||||||
11 | limit the liability of the private carrier employer for | ||||||
12 | violation of any provision of this Section or for the | ||||||
13 | negligent hiring or retention of a school bus driver permit | ||||||
14 | holder. | ||||||
15 | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||||||
16 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. | ||||||
17 | 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised | ||||||
18 | 12-14-22.)
| ||||||
19 | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| ||||||
20 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
21 | Sec. 13-109. Safety test prior to application for
license - | ||||||
22 | Subsequent tests - Repairs - Retest. | ||||||
23 | (a) Except as otherwise provided in Chapter 13, each | ||||||
24 | second division
vehicle, first division vehicle including a | ||||||
25 | taxi which is used for a purpose that requires a school bus |
| |||||||
| |||||||
1 | driver permit, and medical transport vehicle, except those | ||||||
2 | vehicles other than
school buses or medical transport vehicles | ||||||
3 | owned or operated by a municipal
corporation or political | ||||||
4 | subdivision having a population of 1,000,000 or
more | ||||||
5 | inhabitants which are subjected to safety tests imposed by | ||||||
6 | local
ordinance or resolution, operated in whole or in part | ||||||
7 | over the highways
of this State, motor vehicle used for driver | ||||||
8 | education training, and each vehicle designed to carry 15 or | ||||||
9 | fewer passengers
operated by a contract carrier transporting | ||||||
10 | employees in the course of
their employment
on a highway of | ||||||
11 | this State, shall be subjected to the safety
test provided for | ||||||
12 | in Chapter
13 of this Code. Tests shall be conducted at an | ||||||
13 | official testing station
within 6 months prior to the | ||||||
14 | application for registration as provided
for in this Code. | ||||||
15 | Subsequently each vehicle shall be subject to tests (i) at
| ||||||
16 | least every 6 months, (ii) in the case of school buses and | ||||||
17 | first division vehicles including taxis which are used for a | ||||||
18 | purpose that requires a school bus driver permit, at least | ||||||
19 | every 6
months or 10,000 miles, whichever occurs first, (iii) | ||||||
20 | in the case of driver education vehicles used by public high | ||||||
21 | schools, at least every 12 months for vehicles over 5 model | ||||||
22 | years of age or having an odometer reading of over 75,000 | ||||||
23 | miles, whichever occurs first, or (iv) in the case of truck | ||||||
24 | tractors, semitrailers, and property-carrying vehicles | ||||||
25 | registered for a gross weight of more than 10,000 pounds but | ||||||
26 | less than 26,001 pounds, at least every 12 months, and |
| |||||||
| |||||||
1 | according to
schedules established by rules and regulations | ||||||
2 | promulgated by the
Department. Any component subject to | ||||||
3 | regular inspection which is
damaged in a reportable accident | ||||||
4 | must be reinspected before the bus or first division vehicle | ||||||
5 | including a taxi which is used for a purpose that requires a | ||||||
6 | school bus driver permit is
returned to service.
| ||||||
7 | (b) The Department shall also conduct periodic | ||||||
8 | nonscheduled inspections
of school buses, of buses registered | ||||||
9 | as charitable vehicles and of
religious organization buses. If | ||||||
10 | such inspection reveals that a vehicle is
not in substantial | ||||||
11 | compliance with the rules promulgated by the Department,
the | ||||||
12 | Department shall remove the Certificate of Safety from the | ||||||
13 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
14 | orange, triangular decal
shall be placed on an out-of-service | ||||||
15 | vehicle where the Certificate of
Safety has been removed. The | ||||||
16 | vehicle must pass a safety test at an
official testing station | ||||||
17 | before it is again placed in service.
| ||||||
18 | (c) If the violation is not substantial a bright yellow, | ||||||
19 | triangular
sticker shall be placed next to the Certificate of | ||||||
20 | Safety at the time the
nonscheduled inspection is made. The | ||||||
21 | Department shall reinspect the
vehicle after 3 working days to | ||||||
22 | determine that the violation has been
corrected and remove the | ||||||
23 | yellow, triangular decal. If the violation is not
corrected | ||||||
24 | within 3 working days, the Department shall place the vehicle
| ||||||
25 | out-of-service in accordance with procedures in subsection | ||||||
26 | (b).
|
| |||||||
| |||||||
1 | (d) If a violation is not substantial and does not | ||||||
2 | directly affect the
safe operation of the vehicle, the | ||||||
3 | Department shall issue a warning notice
requiring correction | ||||||
4 | of the violation. Such correction shall be
accomplished as | ||||||
5 | soon as practicable and a report of the correction shall be
| ||||||
6 | made to the Department within 30 days in a manner established | ||||||
7 | by the
Department. If the Department has not been advised that | ||||||
8 | the corrections
have been made, and the violations still | ||||||
9 | exist, the Department shall place
the vehicle out-of-service | ||||||
10 | in accordance with procedures in subsection
(b).
| ||||||
11 | (e) The Department is authorized to promulgate regulations | ||||||
12 | to implement its
program of nonscheduled inspections. Causing | ||||||
13 | or allowing the operation of
an out-of-service vehicle with | ||||||
14 | passengers or unauthorized removal of an
out-of-service | ||||||
15 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
16 | of a vehicle with a 3-day sticker for longer than 3 days with | ||||||
17 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
18 | sticker is a Class C
misdemeanor.
| ||||||
19 | (f) If a second division vehicle, first division vehicle | ||||||
20 | including a taxi which is used for a purpose that requires a | ||||||
21 | school bus driver permit, medical transport vehicle, or
| ||||||
22 | vehicle operated by a contract carrier as provided in | ||||||
23 | subsection (a) of this
Section is in safe
mechanical | ||||||
24 | condition, as determined pursuant to Chapter 13, the operator | ||||||
25 | of
the official testing station must at once issue to the | ||||||
26 | second division
vehicle, first division vehicle including a |
| |||||||
| |||||||
1 | taxi which is used for a purpose that requires a school bus | ||||||
2 | driver permit, or medical transport vehicle a certificate of | ||||||
3 | safety, in the form
and manner prescribed by the Department, | ||||||
4 | which shall be affixed to the
vehicle by the certified safety | ||||||
5 | tester who performed the safety tests. The
owner of the second | ||||||
6 | division vehicle, first division vehicle including a taxi | ||||||
7 | which is used for a purpose that requires a school bus driver | ||||||
8 | permit, or medical transport vehicle or the
contract carrier | ||||||
9 | shall at
all times display the Certificate of Safety on the | ||||||
10 | second division vehicle, first division vehicle including a | ||||||
11 | taxi which is used for a purpose that requires a school bus | ||||||
12 | driver permit, medical transport vehicle, or vehicle operated | ||||||
13 | by a contract carrier
in the manner prescribed by the | ||||||
14 | Department.
| ||||||
15 | (g) If a test shows that a second division vehicle, first | ||||||
16 | division vehicle including a taxi which is used for a purpose | ||||||
17 | that requires a school bus driver permit, medical
transport
| ||||||
18 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
19 | safe
mechanical condition as provided in this Section, it
| ||||||
20 | shall not be operated on the highways until it has been | ||||||
21 | repaired and
submitted to a retest at an official testing | ||||||
22 | station. If the owner or
contract carrier submits
the vehicle | ||||||
23 | to a retest at
a
different official testing station from that | ||||||
24 | where it failed to pass the
first test, he or she shall present | ||||||
25 | to the operator of the second station the
report of the | ||||||
26 | original test, and shall notify the Department in writing,
|
| |||||||
| |||||||
1 | giving the name and address of the original testing station | ||||||
2 | and the defects
which prevented the issuance of a Certificate | ||||||
3 | of Safety, and the name and
address of the second official | ||||||
4 | testing station making the retest.
| ||||||
5 | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
| ||||||
6 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
7 | Sec. 13-109. Safety test prior to application for license; | ||||||
8 | subsequent tests; repairs; retest
license - Subsequent tests - | ||||||
9 | Repairs - Retest . | ||||||
10 | (a) Except as otherwise provided in Chapter 13, each | ||||||
11 | second division
vehicle, first division vehicle including a | ||||||
12 | taxi which is used for a purpose that requires a school bus | ||||||
13 | driver permit, and medical transport vehicle, except those | ||||||
14 | vehicles other than
school buses or medical transport vehicles | ||||||
15 | owned or operated by a municipal
corporation or political | ||||||
16 | subdivision having a population of 1,000,000 or
more | ||||||
17 | inhabitants which are subjected to safety tests imposed by | ||||||
18 | local
ordinance or resolution, operated in whole or in part | ||||||
19 | over the highways
of this State, motor vehicle used for driver | ||||||
20 | education training, and each vehicle designed to carry 15 or | ||||||
21 | fewer passengers
operated by a contract carrier transporting | ||||||
22 | employees in the course of
their employment
on a highway of | ||||||
23 | this State, shall be subjected to the safety
test provided for | ||||||
24 | in Chapter
13 of this Code. Tests shall be conducted at an | ||||||
25 | official testing station
within 6 months prior to the |
| |||||||
| |||||||
1 | application for registration as provided
for in this Code. | ||||||
2 | Subsequently each vehicle shall be subject to tests (i) at
| ||||||
3 | least every 6 months, (i.5) in the case of first division | ||||||
4 | vehicles, including taxis that are used for a purpose that | ||||||
5 | requires a school bus driver's permit, at least every 12 | ||||||
6 | months, or 10,000 miles, whichever occurs first, (ii) in the | ||||||
7 | case of school buses and first division vehicles including | ||||||
8 | taxis which are used for a purpose that requires a school bus | ||||||
9 | driver permit , at least every 6
months or 10,000 miles, | ||||||
10 | whichever occurs first, (iii) in the case of driver education | ||||||
11 | vehicles used by public high schools, at least every 12 months | ||||||
12 | for vehicles over 5 model years of age or having an odometer | ||||||
13 | reading of over 75,000 miles, whichever occurs first, or (iv) | ||||||
14 | in the case of truck tractors, semitrailers, and | ||||||
15 | property-carrying vehicles registered for a gross weight of | ||||||
16 | more than 10,000 pounds but less than 26,001 pounds, at least | ||||||
17 | every 12 months, and according to
schedules established by | ||||||
18 | rules and regulations promulgated by the
Department. Any | ||||||
19 | component subject to regular inspection which is
damaged in a | ||||||
20 | reportable crash must be reinspected before the bus or first | ||||||
21 | division vehicle including a taxi which is used for a purpose | ||||||
22 | that requires a school bus driver permit is
returned to | ||||||
23 | service.
| ||||||
24 | (b) The Department shall also conduct periodic | ||||||
25 | nonscheduled inspections
of school buses, of buses registered | ||||||
26 | as charitable vehicles and of
religious organization buses. If |
| |||||||
| |||||||
1 | such inspection reveals that a vehicle is
not in substantial | ||||||
2 | compliance with the rules promulgated by the Department,
the | ||||||
3 | Department shall remove the Certificate of Safety from the | ||||||
4 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
5 | orange, triangular decal
shall be placed on an out-of-service | ||||||
6 | vehicle where the Certificate of
Safety has been removed. The | ||||||
7 | vehicle must pass a safety test at an
official testing station | ||||||
8 | before it is again placed in service.
| ||||||
9 | (c) If the violation is not substantial a bright yellow, | ||||||
10 | triangular
sticker shall be placed next to the Certificate of | ||||||
11 | Safety at the time the
nonscheduled inspection is made. The | ||||||
12 | Department shall reinspect the
vehicle after 3 working days to | ||||||
13 | determine that the violation has been
corrected and remove the | ||||||
14 | yellow, triangular decal. If the violation is not
corrected | ||||||
15 | within 3 working days, the Department shall place the vehicle
| ||||||
16 | out-of-service in accordance with procedures in subsection | ||||||
17 | (b).
| ||||||
18 | (d) If a violation is not substantial and does not | ||||||
19 | directly affect the
safe operation of the vehicle, the | ||||||
20 | Department shall issue a warning notice
requiring correction | ||||||
21 | of the violation. Such correction shall be
accomplished as | ||||||
22 | soon as practicable and a report of the correction shall be
| ||||||
23 | made to the Department within 30 days in a manner established | ||||||
24 | by the
Department. If the Department has not been advised that | ||||||
25 | the corrections
have been made, and the violations still | ||||||
26 | exist, the Department shall place
the vehicle out-of-service |
| |||||||
| |||||||
1 | in accordance with procedures in subsection
(b).
| ||||||
2 | (e) The Department is authorized to promulgate regulations | ||||||
3 | to implement its
program of nonscheduled inspections. Causing | ||||||
4 | or allowing the operation of
an out-of-service vehicle with | ||||||
5 | passengers or unauthorized removal of an
out-of-service | ||||||
6 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
7 | of a vehicle with a 3-day sticker for longer than 3 days with | ||||||
8 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
9 | sticker is a Class C
misdemeanor.
| ||||||
10 | (f) If a second division vehicle, first division vehicle | ||||||
11 | including a taxi which is used for a purpose that requires a | ||||||
12 | school bus driver permit, medical transport vehicle, or
| ||||||
13 | vehicle operated by a contract carrier as provided in | ||||||
14 | subsection (a) of this
Section is in safe
mechanical | ||||||
15 | condition, as determined pursuant to Chapter 13, the operator | ||||||
16 | of
the official testing station must at once issue to the | ||||||
17 | second division
vehicle, first division vehicle including a | ||||||
18 | taxi which is used for a purpose that requires a school bus | ||||||
19 | driver permit, or medical transport vehicle a certificate of | ||||||
20 | safety, in the form
and manner prescribed by the Department, | ||||||
21 | which shall be affixed to the
vehicle by the certified safety | ||||||
22 | tester who performed the safety tests. The
owner of the second | ||||||
23 | division vehicle, first division vehicle including a taxi | ||||||
24 | which is used for a purpose that requires a school bus driver | ||||||
25 | permit, or medical transport vehicle or the
contract carrier | ||||||
26 | shall at
all times display the Certificate of Safety on the |
| |||||||
| |||||||
1 | second division vehicle, first division vehicle including a | ||||||
2 | taxi which is used for a purpose that requires a school bus | ||||||
3 | driver permit, medical transport vehicle, or vehicle operated | ||||||
4 | by a contract carrier
in the manner prescribed by the | ||||||
5 | Department.
| ||||||
6 | (g) If a test shows that a second division vehicle, first | ||||||
7 | division vehicle including a taxi which is used for a purpose | ||||||
8 | that requires a school bus driver permit, medical
transport
| ||||||
9 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
10 | safe
mechanical condition as provided in this Section, it
| ||||||
11 | shall not be operated on the highways until it has been | ||||||
12 | repaired and
submitted to a retest at an official testing | ||||||
13 | station. If the owner or
contract carrier submits
the vehicle | ||||||
14 | to a retest at
a
different official testing station from that | ||||||
15 | where it failed to pass the
first test, he or she shall present | ||||||
16 | to the operator of the second station the
report of the | ||||||
17 | original test, and shall notify the Department in writing,
| ||||||
18 | giving the name and address of the original testing station | ||||||
19 | and the defects
which prevented the issuance of a Certificate | ||||||
20 | of Safety, and the name and
address of the second official | ||||||
21 | testing station making the retest.
| ||||||
22 | (Source: P.A. 102-982, eff. 7-1-23.)
| ||||||
23 | Section 95. No acceleration or delay. Where this Act makes | ||||||
24 | changes in a statute that is represented in this Act by text | ||||||
25 | that is not yet or no longer in effect (for example, a Section |
| |||||||
| |||||||
1 | represented by multiple versions), the use of that text does | ||||||
2 | not accelerate or delay the taking effect of (i) the changes | ||||||
3 | made by this Act or (ii) provisions derived from any other | ||||||
4 | Public Act.
| ||||||
5 | Section 99. Effective date. This Act takes effect July 1, | ||||||
6 | 2023.".
|