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Public Act 102-1130
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| HB1688 Enrolled | LRB102 03747 HEP 13760 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Sections 1-217 and 6-106.1 as follows:
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(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
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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
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Safety Act.
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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.
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For this Code, vehicles are divided into 2 divisions:
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First Division: Those motor vehicles which are designed |
for the carrying
of not more than 10 persons.
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Second Division: Those vehicles which are designed for |
carrying more than
10 persons, those designed or used for |
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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.
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(Source: P.A. 92-812, eff. 8-21-02.)
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(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
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Sec. 6-106.1. School bus driver permit.
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(a) The Secretary of State shall issue a school bus driver
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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 |
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Investigation's system. Applicants who have completed the
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fingerprinting requirements shall not be subjected to the
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fingerprinting process when applying for subsequent permits or
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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
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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
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Section shall be deposited into the Road
Fund for the purpose |
of defraying the costs of the Secretary of State in
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administering this Section. All applicants must:
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1. be 21 years of age or older;
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2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
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3. possess a valid driver's license, which has not |
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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
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disqualified within the 3 years immediately prior to the |
date of application;
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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
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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;
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5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
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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;
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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;
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8. have completed an initial classroom course, |
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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
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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;
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9. not have been under an order of court supervision |
for or convicted of 2 or more serious traffic offenses, as
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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;
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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;
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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, |
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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,
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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,
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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,
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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,
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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
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(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 |
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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;
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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
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safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
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13. not have, through the unlawful operation of a |
motor
vehicle, caused an accident resulting in the death |
of any person;
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14. not have, within the last 5 years, been adjudged |
to be
afflicted with or suffering from any mental |
disability or disease;
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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 |
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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
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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
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Section.
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(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.
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(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
candidates, distributing school
bus driver applications and |
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medical forms to be completed by the applicant, and
submitting |
the applicant's fingerprint cards to the Illinois State Police
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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
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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.
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(e) Permits shall initially be provisional upon receiving
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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 |
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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.
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(f) A school bus driver permit holder shall notify the
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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.
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(g) Cancellation; suspension; notice and procedure.
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(1) The Secretary of State shall cancel a school bus
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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.
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(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.
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(3) The Secretary of State shall cancel a school bus
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driver permit if the permit holder's restricted commercial |
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or
commercial driving privileges are withdrawn or |
otherwise
invalidated.
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(4) The Secretary of State may not issue a school bus
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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.
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(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.
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(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. |
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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
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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.
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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.
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(h) When a school bus driver permit holder who is a service |
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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 |