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625 ILCS 5/6-106.1
(625 ILCS 5/6-106.1)
(from Ch. 95 1/2, par. 6-106.1)
School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit 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
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 Department of
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been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges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 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, 12-4, 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, 12-5.01, 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, 12-16.2, 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.
(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
(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 Department of 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
Department of 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 Department of 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
(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
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. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20