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91_SB1352
LRB9110093DHks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 1-182, 6-100, and 6-106.11, and by adding Sections
3 6-106.12, 6-106.13 and 6-106.14.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 1-182, 6-100, and 6-106.11, and by adding
8 Sections 6-106.12, 6-106.13, and 6-106.14 as follows:
9 (625 ILCS 5/1-182) (from Ch. 95 1/2, par. 1-182)
10 Sec. 1-182. School bus.
11 (a) "School bus" means every motor vehicle, except as
12 provided in paragraph (b) of this Section, owned or operated
13 by or for any of the following entities, or through any other
14 arrangement, for the transportation of persons regularly
15 enrolled as students in grade 12 or below in connection with
16 any activity of such entity:
17 Any public or private primary or secondary school;
18 Any primary or secondary school operated by a religious
19 institution; or
20 Any public, private or religious nursery school.
21 (b) This definition shall not include the following:
22 1. A bus operated by a public utility, municipal
23 corporation or common carrier authorized to conduct local
24 or interurban transportation of passengers when such bus
25 is not traveling a specific school bus route but is:
26 On a regularly scheduled route for the
27 transportation of other fare paying passengers;
28 Furnishing charter service for the transportation of
29 groups on field trips or other special trips or in
30 connection with other special events; or
31 Being used for shuttle service between attendance
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1 centers or other educational facilities.
2 2. A motor vehicle of the First Division.
3 3. A motor vehicle designed for the transportation
4 of not less than 7 nor more than 16 persons that is
5 operated by or for a public or private primary or
6 secondary school, including any primary or secondary
7 school operated by a religious institution, or through
8 any other arrangement, for the purpose of transporting
9 not more than 15 students to and from interscholastic
10 athletic or other interscholastic or school sponsored
11 activities.
12 (Source: P.A. 89-132, eff. 7-14-95.)
13 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
14 Sec. 6-100. Definitions. For the purposes of this
15 Chapter, the following words shall have the meanings ascribed
16 to them:
17 (a) Application Process. The process of obtaining a
18 driver's license, identification card, or permit. The
19 process begins when a person enters a Secretary of State
20 Driver Services facility and requests a driver's license,
21 identification card or permit.
22 (b) Conviction. A final adjudication of guilty by a
23 court of competent jurisdiction either after a bench trial,
24 trial by jury, plea of guilty, order of forfeiture, or
25 default.
26 (c) Identification Card. A document made or issued by
27 or under the authority of the United States Government, the
28 State of Illinois or any other state or political subdivision
29 thereof, or any governmental or quasi-governmental
30 organization that, when completed with information concerning
31 the individual, is of a type intended or commonly accepted
32 for the purpose of identifying the individual.
33 (d) Established place of business. The place owned or
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1 leased and occupied by any entity registered or required to
2 be registered as a school bus company or school district for
3 the purpose of transporting students, teachers, or other
4 personnel and for other ancillary purposes the Secretary may
5 permit by rule. It includes an office in which the entity's
6 records are separate and distinct from any other business or
7 tenant occupying space in the same building. This office may
8 not be located in a residence, a tent, a temporary stand, a
9 temporary address, a room or rooms in a hotel, a room in a
10 house, or in premises occupied by a single or multiple unit
11 residence. The established place of business shall be the
12 fixed location where the entity maintains its principal place
13 of business. The Secretary of State shall adopt rules
14 concerning matters related to established places of business,
15 including rules regarding guidelines, administration, and
16 enforcement. An entity may have an additional place of
17 business.
18 (Source: P.A. 89-283, eff. 1-1-96.)
19 (625 ILCS 5/6-106.11) (from Ch. 95 1/2, par. 6-106.11)
20 Sec. 6-106.11. (a) Any individual, corporation,
21 partnership or association, who through contractual or other
22 arrangements within this State with a school district
23 transports students, teachers, or other personnel of that
24 district for compensation, shall not permit any person to
25 operate a school bus pursuant to that contract or other
26 arrangement if the driver has not complied with the
27 provisions of Sections 6-106.1 of this Code or such other
28 rules or regulations that the Secretary of State may
29 prescribe for the classification, restriction, or licensing
30 of school bus drivers.
31 (b) A violation of this Section is a business offense
32 and shall subject the offender to a fine of no less than
33 $1,000 nor more than $10,000 for a first offense, no less
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1 than $1,500 nor more than $15,000 for a second offense, and
2 no less than $2,000 nor more than $20,000 for a third or
3 subsequent offense. In addition to any fines imposed under
4 this subsection, any offender who has been convicted three
5 times under the provisions of subsection (a) shall, upon a
6 fourth or subsequent conviction be prohibited from
7 transporting or contracting to transport students, teachers
8 or other personnel of a school district for a period of five
9 years beginning with the date of conviction of such fourth or
10 subsequent conviction.
11 (Source: P.A. 83-1286.)
12 (625 ILCS 5/6-106.12 new)
13 Sec. 6-6-106.12. School bus company or school district
14 required to register with Secretary of State.
15 (a) Neither any individual, corporation, partnership, or
16 association that, through contractual or other arrangements
17 within this State, transports students, teachers, or other
18 personnel for compensation, nor any school district, shall
19 engage in this State in the transportation of students,
20 teachers, or other personnel without first being registered
21 in writing by the Secretary of State.
22 (b) The Secretary of State shall issue to entities
23 listed in subsection (a) of this Section, within a reasonable
24 time after receiving written notification, an employer
25 registration number. This notification shall be submitted on
26 business letterhead and shall include the following: the
27 business name; the street address of the established place of
28 business, including city, state, and telephone number; the
29 contact person; the names and driver's license numbers of all
30 school bus drivers employed by the entity; and any other
31 information that the Secretary of State may require by rule.
32 (c) Any person who knowingly violates this Section is
33 guilty of a Class A misdemeanor. Any person who knowingly
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1 commits a second violation of this Section within 2 years of
2 a previous conviction is guilty of a Class 4 felony.
3 (625 ILCS 5/6-106.13 new)
4 Sec. 6-106.13. Required records for school bus drivers.
5 (a) Any individual, corporation, partnership, or
6 association that, through contractual or other arrangements
7 within this State, transports students, teachers, or other
8 personnel for compensation, and any school district that
9 transports students, teachers, or other personnel, shall
10 maintain for a period of 2 years, at its established place of
11 business and in a form the Secretary of State may by rule
12 prescribe, the following records relating to the school bus
13 permits of its school bus drivers in this State:
14 (1) A copy of the Secretary of State School Bus
15 Application and Certification;
16 (2) A copy of the Secretary of State Certification
17 of Employee Removal and Employer Notification Report;
18 (3) The Secretary of State Physical Examination and
19 Certificate for Illinois School Bus Driver;
20 (4) The Illinois State Police criminal history
21 report;
22 (5) The training certificate issued by the regional
23 superintendent;
24 (6) The third party score sheet, if applicable;
25 (7) A copy of the Certification Of Drive Test By
26 School Bus Third-Party Certificate Entity, if applicable;
27 and
28 (8) Any other supporting documents the Secretary of
29 State may by rule prescribe.
30 (b) Any person who knowingly fails to keep the records
31 required by this Section or who knowingly fails to acquire
32 and maintain the records required by this Section is guilty
33 of a Class A misdemeanor. Each violation is a separate and
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1 distinct offense, and a separate count may be brought in the
2 same complaint for each violation. Any person who knowingly
3 commits a second violation of this Section within 2 years of
4 a previous conviction is guilty of a Class 4 felony.
5 (c) No later than 15 days prior to going out of
6 business, selling the business, or transferring the ownership
7 of the business, the school bus company or school district
8 shall notify the Secretary of State of its intent to do so.
9 Failure to so notify the Secretary of State is a failure to
10 keep records under this Section.
11 (625 ILCS 5/6-106.14 new)
12 Sec. 6-106.14. Inspection of records; notice; presence
13 during inspection; search warrants; public complaints.
14 (a) Authorized representatives of the Secretary of
15 State, including officers of the Secretary of State's
16 Department of Police and other individuals designated by the
17 Secretary, shall make periodic inspections of records
18 required to be maintained under this Chapter 6 to verify
19 their accuracy and completeness. Any school district that
20 transports students, teachers, or other personnel, and any
21 individual, corporation, partnership, or association who
22 through contractual or other arrangements for compensation,
23 within this State, transports students, teachers, or other
24 personnel, shall make available for review those records
25 required to be maintained under this Chapter 6.
26 (b) Persons having knowledge of or conducting
27 inspections under this Chapter 6 may not notify any of the
28 entities listed in subsection (a) of this Section of the
29 contemplated inspection, unless the Secretary, or an
30 individual designated by him or her for this purpose,
31 authorizes the notification. Any individual who without
32 authority knowingly violates this subparagraph (b) is guilty
33 of a Class A misdemeanor.
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1 (c) Any authorized representative of the entities listed
2 in subsection (a) of this Section is entitled to be present
3 during an inspection conducted under this Chapter 6. The
4 presence of an authorized representative is not a condition
5 precedent to the inspection, however.
6 (d) Inspections conducted under this Chapter 6 may be
7 initiated at any time during business hours, whether or not
8 an authorized representative, other than a mere custodian or
9 watchman, is present. The fact that the representative leaves
10 the premises after an inspection has been initiated shall not
11 require the termination of the inspection.
12 (e) If the individuals conducting the inspection
13 discover information indicating the necessity of obtaining a
14 search warrant, and if steps are taken to procure a search
15 warrant, the individuals conducting the inspection may take
16 all necessary steps to secure the premises under inspection
17 until the warrant application is acted upon by a judicial
18 officer.
19 (f) No more than 6 inspections of a premises may be
20 conducted under this Chapter 6 within any 6 month period
21 except pursuant to a search warrant. Notwithstanding this
22 limitation, nothing in this subsection (f) limits the
23 authority of law enforcement agents to respond to public
24 complaints of violations of the Code.
25 (g) Nothing in this Section limits the authority of
26 individuals authorized by the Secretary under this Section to
27 conduct searches of premises pursuant to a duly issued and
28 authorized search warrant.
29 (h) Any of the entities listed in subsection (a) of this
30 Section who, having been informed by a person authorized to
31 make inspections and examine records under this Section that
32 he or she desires to inspect records as authorized by this
33 Section, refuses either to produce for that person records
34 required to be kept by this Chapter or to permit that
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1 authorized person to make an inspection in accordance with
2 this Section subjects the school bus permits of all drivers
3 employed by the entity to cancellation.
4 (i) Beginning January 1, 2001, any out of State
5 individual, corporation, partnership, or association who,
6 through contractual or other arrangements for compensation
7 within this State, transports students, teachers, or other
8 personnel, shall upon demand produce for inspection those
9 records of any school bus drivers permitted within this
10 State. This inspection may be conducted at the principal
11 offices of the Secretary of State.
12 Section 99. Effective date. This Act takes effect
13 January 1, 2001.