Illinois 2023-2024 Regular Session

Illinois House Bill HB3476 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023. LRB103 27485 MXP 53857 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023. LRB103 27485 MXP 53857 b LRB103 27485 MXP 53857 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
4	4	625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
5	5	625 ILCS 5/6-106.1
6	6	625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
7	7	Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.
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13	13	1 AN ACT concerning transportation.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Vehicle Code is amended by
17	17	5 changing Sections 1-217, 6-106.1, and 13-109 as follows:
18	18	6 (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
19	19	7 Sec. 1-217. Vehicle. Every device, in, upon or by which
20	20	8 any person or property is or may be transported or drawn upon a
21	21	9 highway or requiring a certificate of title under Section
22	22	10 3-101(d) of this Code, except devices moved by human power,
23	23	11 devices used exclusively upon stationary rails or tracks, and
24	24	12 snowmobiles as defined in the Snowmobile Registration and
25	25	13 Safety Act.
26	26	14 For the purposes of this Code, unless otherwise
27	27	15 prescribed, a device shall be considered to be a vehicle until
28	28	16 such time it either comes within the definition of a junk
29	29	17 vehicle, as defined under this Code, or a junking certificate
30	30	18 is issued for it.
31	31	19 For this Code, vehicles are divided into 2 divisions:
32	32	20 First Division: Those motor vehicles which are designed
33	33	21 for the carrying of not more than 10 persons.
34	34	22 Second Division: Those vehicles which are designed for
35	35	23 carrying more than 10 persons, those designed or used for
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
40	40	625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
41	41	625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
42	42	625 ILCS 5/6-106.1
43	43	625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
44	44	Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.
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47	47	A BILL FOR
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53	53	625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
54	54	625 ILCS 5/6-106.1
55	55	625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
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74	74	1 living quarters and those vehicles which are designed for
75	75	2 pulling or carrying property, freight, or cargo and , those
76	76	3 motor vehicles of the First Division remodelled for use and
77	77	4 used as motor vehicles of the Second Division, and those motor
78	78	5 vehicles of the First Division used and registered as school
79	79	6 buses.
80	80	7 (Source: P.A. 92-812, eff. 8-21-02.)
81	81	8 (625 ILCS 5/6-106.1)
82	82	9 (Text of Section before amendment by P.A. 102-982)
83	83	10 Sec. 6-106.1. School bus driver permit.
84	84	11 (a) The Secretary of State shall issue a school bus driver
85	85	12 permit to those applicants who have met all the requirements
86	86	13 of the application and screening process under this Section to
87	87	14 insure the welfare and safety of children who are transported
88	88	15 on school buses throughout the State of Illinois. Applicants
89	89	16 shall obtain the proper application required by the Secretary
90	90	17 of State from their prospective or current employer and submit
91	91	18 the completed application to the prospective or current
92	92	19 employer along with the necessary fingerprint submission as
93	93	20 required by the Illinois State Police to conduct fingerprint
94	94	21 based criminal background checks on current and future
95	95	22 information available in the state system and current
96	96	23 information available through the Federal Bureau of
97	97	24 Investigation's system. Applicants who have completed the
98	98	25 fingerprinting requirements shall not be subjected to the
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109	109	1 fingerprinting process when applying for subsequent permits or
110	110	2 submitting proof of successful completion of the annual
111	111	3 refresher course. Individuals who on July 1, 1995 (the
112	112	4 effective date of Public Act 88-612) possess a valid school
113	113	5 bus driver permit that has been previously issued by the
114	114	6 appropriate Regional School Superintendent are not subject to
115	115	7 the fingerprinting provisions of this Section as long as the
116	116	8 permit remains valid and does not lapse. The applicant shall
117	117	9 be required to pay all related application and fingerprinting
118	118	10 fees as established by rule including, but not limited to, the
119	119	11 amounts established by the Illinois State Police and the
120	120	12 Federal Bureau of Investigation to process fingerprint based
121	121	13 criminal background investigations. All fees paid for
122	122	14 fingerprint processing services under this Section shall be
123	123	15 deposited into the State Police Services Fund for the cost
124	124	16 incurred in processing the fingerprint based criminal
125	125	17 background investigations. All other fees paid under this
126	126	18 Section shall be deposited into the Road Fund for the purpose
127	127	19 of defraying the costs of the Secretary of State in
128	128	20 administering this Section. All applicants must:
129	129	21 1. be 21 years of age or older;
130	130	22 2. possess a valid and properly classified driver's
131	131	23 license issued by the Secretary of State;
132	132	24 3. possess a valid driver's license, which has not
133	133	25 been revoked, suspended, or canceled for 3 years
134	134	26 immediately prior to the date of application, or have not
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145	145	1 had his or her commercial motor vehicle driving privileges
146	146	2 disqualified within the 3 years immediately prior to the
147	147	3 date of application;
148	148	4 4. successfully pass a written test, administered by
149	149	5 the Secretary of State, on school bus operation, school
150	150	6 bus safety, and special traffic laws relating to school
151	151	7 buses and submit to a review of the applicant's driving
152	152	8 habits by the Secretary of State at the time the written
153	153	9 test is given;
154	154	10 5. demonstrate ability to exercise reasonable care in
155	155	11 the operation of school buses in accordance with rules
156	156	12 promulgated by the Secretary of State;
157	157	13 6. demonstrate physical fitness to operate school
158	158	14 buses by submitting the results of a medical examination,
159	159	15 including tests for drug use for each applicant not
160	160	16 subject to such testing pursuant to federal law, conducted
161	161	17 by a licensed physician, a licensed advanced practice
162	162	18 registered nurse, or a licensed physician assistant within
163	163	19 90 days of the date of application according to standards
164	164	20 promulgated by the Secretary of State;
165	165	21 7. affirm under penalties of perjury that he or she
166	166	22 has not made a false statement or knowingly concealed a
167	167	23 material fact in any application for permit;
168	168	24 8. have completed an initial classroom course,
169	169	25 including first aid procedures, in school bus driver
170	170	26 safety as promulgated by the Secretary of State; and after
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181	181	1 satisfactory completion of said initial course an annual
182	182	2 refresher course; such courses and the agency or
183	183	3 organization conducting such courses shall be approved by
184	184	4 the Secretary of State; failure to complete the annual
185	185	5 refresher course, shall result in cancellation of the
186	186	6 permit until such course is completed;
187	187	7 9. not have been under an order of court supervision
188	188	8 for or convicted of 2 or more serious traffic offenses, as
189	189	9 defined by rule, within one year prior to the date of
190	190	10 application that may endanger the life or safety of any of
191	191	11 the driver's passengers within the duration of the permit
192	192	12 period;
193	193	13 10. not have been under an order of court supervision
194	194	14 for or convicted of reckless driving, aggravated reckless
195	195	15 driving, driving while under the influence of alcohol,
196	196	16 other drug or drugs, intoxicating compound or compounds or
197	197	17 any combination thereof, or reckless homicide resulting
198	198	18 from the operation of a motor vehicle within 3 years of the
199	199	19 date of application;
200	200	20 11. not have been convicted of committing or
201	201	21 attempting to commit any one or more of the following
202	202	22 offenses: (i) those offenses defined in Sections 8-1,
203	203	23 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
204	204	24 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
205	205	25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
206	206	26 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
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217	217	1 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
218	218	2 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
219	219	3 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
220	220	4 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
221	221	5 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
222	222	6 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
223	223	7 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
224	224	8 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
225	225	9 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
226	226	10 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
227	227	11 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
228	228	12 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
229	229	13 33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
230	230	14 of Section 24-3, and those offenses contained in Article
231	231	15 29D of the Criminal Code of 1961 or the Criminal Code of
232	232	16 2012; (ii) those offenses defined in the Cannabis Control
233	233	17 Act except those offenses defined in subsections (a) and
234	234	18 (b) of Section 4, and subsection (a) of Section 5 of the
235	235	19 Cannabis Control Act; (iii) those offenses defined in the
236	236	20 Illinois Controlled Substances Act; (iv) those offenses
237	237	21 defined in the Methamphetamine Control and Community
238	238	22 Protection Act; (v) any offense committed or attempted in
239	239	23 any other state or against the laws of the United States,
240	240	24 which if committed or attempted in this State would be
241	241	25 punishable as one or more of the foregoing offenses; (vi)
242	242	26 the offenses defined in Section 4.1 and 5.1 of the Wrongs
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253	253	1 to Children Act or Section 11-9.1A of the Criminal Code of
254	254	2 1961 or the Criminal Code of 2012; (vii) those offenses
255	255	3 defined in Section 6-16 of the Liquor Control Act of 1934;
256	256	4 and (viii) those offenses defined in the Methamphetamine
257	257	5 Precursor Control Act;
258	258	6 12. not have been repeatedly involved as a driver in
259	259	7 motor vehicle collisions or been repeatedly convicted of
260	260	8 offenses against laws and ordinances regulating the
261	261	9 movement of traffic, to a degree which indicates lack of
262	262	10 ability to exercise ordinary and reasonable care in the
263	263	11 safe operation of a motor vehicle or disrespect for the
264	264	12 traffic laws and the safety of other persons upon the
265	265	13 highway;
266	266	14 13. not have, through the unlawful operation of a
267	267	15 motor vehicle, caused an accident resulting in the death
268	268	16 of any person;
269	269	17 14. not have, within the last 5 years, been adjudged
270	270	18 to be afflicted with or suffering from any mental
271	271	19 disability or disease;
272	272	20 15. consent, in writing, to the release of results of
273	273	21 reasonable suspicion drug and alcohol testing under
274	274	22 Section 6-106.1c of this Code by the employer of the
275	275	23 applicant to the Secretary of State; and
276	276	24 16. not have been convicted of committing or
277	277	25 attempting to commit within the last 20 years: (i) an
278	278	26 offense defined in subsection (c) of Section 4, subsection
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289	289	1 (b) of Section 5, and subsection (a) of Section 8 of the
290	290	2 Cannabis Control Act; or (ii) any offenses in any other
291	291	3 state or against the laws of the United States that, if
292	292	4 committed or attempted in this State, would be punishable
293	293	5 as one or more of the foregoing offenses.
294	294	6 (a-5) If an applicant's driver's license has been
295	295	7 suspended within the 3 years immediately prior to the date of
296	296	8 application for the sole reason of failure to pay child
297	297	9 support, that suspension shall not bar the applicant from
298	298	10 receiving a school bus driver permit.
299	299	11 (b) A school bus driver permit shall be valid for a period
300	300	12 specified by the Secretary of State as set forth by rule. It
301	301	13 shall be renewable upon compliance with subsection (a) of this
302	302	14 Section.
303	303	15 (c) A school bus driver permit shall contain the holder's
304	304	16 driver's license number, legal name, residence address, zip
305	305	17 code, and date of birth, a brief description of the holder and
306	306	18 a space for signature. The Secretary of State may require a
307	307	19 suitable photograph of the holder.
308	308	20 (d) The employer shall be responsible for conducting a
309	309	21 pre-employment interview with prospective school bus driver
310	310	22 candidates, distributing school bus driver applications and
311	311	23 medical forms to be completed by the applicant, and submitting
312	312	24 the applicant's fingerprint cards to the Illinois State Police
313	313	25 that are required for the criminal background investigations.
314	314	26 The employer shall certify in writing to the Secretary of
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325	325	1 State that all pre-employment conditions have been
326	326	2 successfully completed including the successful completion of
327	327	3 an Illinois specific criminal background investigation through
328	328	4 the Illinois State Police and the submission of necessary
329	329	5 fingerprints to the Federal Bureau of Investigation for
330	330	6 criminal history information available through the Federal
331	331	7 Bureau of Investigation system. The applicant shall present
332	332	8 the certification to the Secretary of State at the time of
333	333	9 submitting the school bus driver permit application.
334	334	10 (e) Permits shall initially be provisional upon receiving
335	335	11 certification from the employer that all pre-employment
336	336	12 conditions have been successfully completed, and upon
337	337	13 successful completion of all training and examination
338	338	14 requirements for the classification of the vehicle to be
339	339	15 operated, the Secretary of State shall provisionally issue a
340	340	16 School Bus Driver Permit. The permit shall remain in a
341	341	17 provisional status pending the completion of the Federal
342	342	18 Bureau of Investigation's criminal background investigation
343	343	19 based upon fingerprinting specimens submitted to the Federal
344	344	20 Bureau of Investigation by the Illinois State Police. The
345	345	21 Federal Bureau of Investigation shall report the findings
346	346	22 directly to the Secretary of State. The Secretary of State
347	347	23 shall remove the bus driver permit from provisional status
348	348	24 upon the applicant's successful completion of the Federal
349	349	25 Bureau of Investigation's criminal background investigation.
350	350	26 (f) A school bus driver permit holder shall notify the
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361	361	1 employer and the Secretary of State if he or she is issued an
362	362	2 order of court supervision for or convicted in another state
363	363	3 of an offense that would make him or her ineligible for a
364	364	4 permit under subsection (a) of this Section. The written
365	365	5 notification shall be made within 5 days of the entry of the
366	366	6 order of court supervision or conviction. Failure of the
367	367	7 permit holder to provide the notification is punishable as a
368	368	8 petty offense for a first violation and a Class B misdemeanor
369	369	9 for a second or subsequent violation.
370	370	10 (g) Cancellation; suspension; notice and procedure.
371	371	11 (1) The Secretary of State shall cancel a school bus
372	372	12 driver permit of an applicant whose criminal background
373	373	13 investigation discloses that he or she is not in
374	374	14 compliance with the provisions of subsection (a) of this
375	375	15 Section.
376	376	16 (2) The Secretary of State shall cancel a school bus
377	377	17 driver permit when he or she receives notice that the
378	378	18 permit holder fails to comply with any provision of this
379	379	19 Section or any rule promulgated for the administration of
380	380	20 this Section.
381	381	21 (3) The Secretary of State shall cancel a school bus
382	382	22 driver permit if the permit holder's restricted commercial
383	383	23 or commercial driving privileges are withdrawn or
384	384	24 otherwise invalidated.
385	385	25 (4) The Secretary of State may not issue a school bus
386	386	26 driver permit for a period of 3 years to an applicant who
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397	397	1 fails to obtain a negative result on a drug test as
398	398	2 required in item 6 of subsection (a) of this Section or
399	399	3 under federal law.
400	400	4 (5) The Secretary of State shall forthwith suspend a
401	401	5 school bus driver permit for a period of 3 years upon
402	402	6 receiving notice that the holder has failed to obtain a
403	403	7 negative result on a drug test as required in item 6 of
404	404	8 subsection (a) of this Section or under federal law.
405	405	9 (6) The Secretary of State shall suspend a school bus
406	406	10 driver permit for a period of 3 years upon receiving
407	407	11 notice from the employer that the holder failed to perform
408	408	12 the inspection procedure set forth in subsection (a) or
409	409	13 (b) of Section 12-816 of this Code.
410	410	14 (7) The Secretary of State shall suspend a school bus
411	411	15 driver permit for a period of 3 years upon receiving
412	412	16 notice from the employer that the holder refused to submit
413	413	17 to an alcohol or drug test as required by Section 6-106.1c
414	414	18 or has submitted to a test required by that Section which
415	415	19 disclosed an alcohol concentration of more than 0.00 or
416	416	20 disclosed a positive result on a National Institute on
417	417	21 Drug Abuse five-drug panel, utilizing federal standards
418	418	22 set forth in 49 CFR 40.87.
419	419	23 The Secretary of State shall notify the State
420	420	24 Superintendent of Education and the permit holder's
421	421	25 prospective or current employer that the applicant has (1) has
422	422	26 failed a criminal background investigation or (2) is no longer
423	423
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425	425
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433	433	1 eligible for a school bus driver permit; and of the related
434	434	2 cancellation of the applicant's provisional school bus driver
435	435	3 permit. The cancellation shall remain in effect pending the
436	436	4 outcome of a hearing pursuant to Section 2-118 of this Code.
437	437	5 The scope of the hearing shall be limited to the issuance
438	438	6 criteria contained in subsection (a) of this Section. A
439	439	7 petition requesting a hearing shall be submitted to the
440	440	8 Secretary of State and shall contain the reason the individual
441	441	9 feels he or she is entitled to a school bus driver permit. The
442	442	10 permit holder's employer shall notify in writing to the
443	443	11 Secretary of State that the employer has certified the removal
444	444	12 of the offending school bus driver from service prior to the
445	445	13 start of that school bus driver's next workshift. An employing
446	446	14 school board that fails to remove the offending school bus
447	447	15 driver from service is subject to the penalties defined in
448	448	16 Section 3-14.23 of the School Code. A school bus contractor
449	449	17 who violates a provision of this Section is subject to the
450	450	18 penalties defined in Section 6-106.11.
451	451	19 All valid school bus driver permits issued under this
452	452	20 Section prior to January 1, 1995, shall remain effective until
453	453	21 their expiration date unless otherwise invalidated.
454	454	22 (h) When a school bus driver permit holder who is a service
455	455	23 member is called to active duty, the employer of the permit
456	456	24 holder shall notify the Secretary of State, within 30 days of
457	457	25 notification from the permit holder, that the permit holder
458	458	26 has been called to active duty. Upon notification pursuant to
459	459
460	460
461	461
462	462
463	463
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465	465
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469	469	1 this subsection, (i) the Secretary of State shall characterize
470	470	2 the permit as inactive until a permit holder renews the permit
471	471	3 as provided in subsection (i) of this Section, and (ii) if a
472	472	4 permit holder fails to comply with the requirements of this
473	473	5 Section while called to active duty, the Secretary of State
474	474	6 shall not characterize the permit as invalid.
475	475	7 (i) A school bus driver permit holder who is a service
476	476	8 member returning from active duty must, within 90 days, renew
477	477	9 a permit characterized as inactive pursuant to subsection (h)
478	478	10 of this Section by complying with the renewal requirements of
479	479	11 subsection (b) of this Section.
480	480	12 (j) For purposes of subsections (h) and (i) of this
481	481	13 Section:
482	482	14 "Active duty" means active duty pursuant to an executive
483	483	15 order of the President of the United States, an act of the
484	484	16 Congress of the United States, or an order of the Governor.
485	485	17 "Service member" means a member of the Armed Services or
486	486	18 reserve forces of the United States or a member of the Illinois
487	487	19 National Guard.
488	488	20 (k) A private carrier employer of a school bus driver
489	489	21 permit holder, having satisfied the employer requirements of
490	490	22 this Section, shall be held to a standard of ordinary care for
491	491	23 intentional acts committed in the course of employment by the
492	492	24 bus driver permit holder. This subsection (k) shall in no way
493	493	25 limit the liability of the private carrier employer for
494	494	26 violation of any provision of this Section or for the
495	495
496	496
497	497
498	498
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501	501
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504	504	HB3476 - 14 - LRB103 27485 MXP 53857 b
505	505	1 negligent hiring or retention of a school bus driver permit
506	506	2 holder.
507	507	3 (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
508	508	4 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
509	509	5 1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.)
510	510	6 (Text of Section after amendment by P.A. 102-982)
511	511	7 Sec. 6-106.1. School bus driver permit.
512	512	8 (a) The Secretary of State shall issue a school bus driver
513	513	9 permit for the operation of first or second division vehicles
514	514	10 being operated as school buses or a permit valid only for the
515	515	11 operation of first division vehicles being operated as school
516	516	12 buses to those applicants who have met all the requirements of
517	517	13 the application and screening process under this Section to
518	518	14 insure the welfare and safety of children who are transported
519	519	15 on school buses throughout the State of Illinois. Applicants
520	520	16 shall obtain the proper application required by the Secretary
521	521	17 of State from their prospective or current employer and submit
522	522	18 the completed application to the prospective or current
523	523	19 employer along with the necessary fingerprint submission as
524	524	20 required by the Illinois State Police to conduct
525	525	21 fingerprint-based fingerprint based criminal background checks
526	526	22 on current and future information available in the State state
527	527	23 system and current information available through the Federal
528	528	24 Bureau of Investigation's system. Applicants who have
529	529	25 completed the fingerprinting requirements shall not be
530	530
531	531
532	532
533	533
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536	536
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539	539	HB3476 - 15 - LRB103 27485 MXP 53857 b
540	540	1 subjected to the fingerprinting process when applying for
541	541	2 subsequent permits or submitting proof of successful
542	542	3 completion of the annual refresher course. Individuals who on
543	543	4 July 1, 1995 (the effective date of Public Act 88-612) possess
544	544	5 a valid school bus driver permit that has been previously
545	545	6 issued by the appropriate Regional School Superintendent are
546	546	7 not subject to the fingerprinting provisions of this Section
547	547	8 as long as the permit remains valid and does not lapse. The
548	548	9 applicant shall be required to pay all related application and
549	549	10 fingerprinting fees as established by rule, including, but not
550	550	11 limited to, the amounts established by the Illinois State
551	551	12 Police and the Federal Bureau of Investigation to process
552	552	13 fingerprint-based fingerprint based criminal background
553	553	14 investigations. All fees paid for fingerprint processing
554	554	15 services under this Section shall be deposited into the State
555	555	16 Police Services Fund for the cost incurred in processing the
556	556	17 fingerprint-based fingerprint based criminal background
557	557	18 investigations. All other fees paid under this Section shall
558	558	19 be deposited into the Road Fund for the purpose of defraying
559	559	20 the costs of the Secretary of State in administering this
560	560	21 Section. Other than any applicant to operate a first division
561	561	22 vehicle, all All applicants must:
562	562	23 1. be 21 years of age or older;
563	563	24 2. possess a valid and properly classified driver's
564	564	25 license issued by the Secretary of State;
565	565	26 3. possess a valid driver's license, which has not
566	566
567	567
568	568
569	569
570	570
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572	572
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576	576	1 been revoked, suspended, or canceled for 3 years
577	577	2 immediately prior to the date of application, or have not
578	578	3 had his or her commercial motor vehicle driving privileges
579	579	4 disqualified within the 3 years immediately prior to the
580	580	5 date of application;
581	581	6 4. successfully pass a school bus or second division
582	582	7 written test, administered by the Secretary of State, on
583	583	8 school bus operation, school bus safety, and special
584	584	9 traffic laws relating to school buses and submit to a
585	585	10 review of the applicant's driving habits by the Secretary
586	586	11 of State at the time the written test is given;
587	587	12 5. demonstrate ability to exercise reasonable care in
588	588	13 the operation of school buses in accordance with rules
589	589	14 promulgated by the Secretary of State;
590	590	15 6. demonstrate physical fitness to operate school
591	591	16 buses by submitting the results of a medical examination,
592	592	17 including tests for drug use for each applicant not
593	593	18 subject to such testing pursuant to federal law, conducted
594	594	19 by a licensed physician, a licensed advanced practice
595	595	20 registered nurse, or a licensed physician assistant within
596	596	21 90 days of the date of application according to standards
597	597	22 promulgated by the Secretary of State;
598	598	23 7. affirm under penalties of perjury that he or she
599	599	24 has not made a false statement or knowingly concealed a
600	600	25 material fact in any application for permit;
601	601	26 8. have completed an initial classroom course,
602	602
603	603
604	604
605	605
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608	608
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611	611	HB3476 - 17 - LRB103 27485 MXP 53857 b
612	612	1 including first aid procedures, in school bus driver
613	613	2 safety as promulgated by the Secretary of State; and,
614	614	3 after satisfactory completion of said initial course, an
615	615	4 annual refresher course; such courses and the agency or
616	616	5 organization conducting such courses shall be approved by
617	617	6 the Secretary of State; failure to complete the annual
618	618	7 refresher course, shall result in cancellation of the
619	619	8 permit until such course is completed;
620	620	9 9. not have been under an order of court supervision
621	621	10 for or convicted of 2 or more serious traffic offenses, as
622	622	11 defined by rule, within one year prior to the date of
623	623	12 application that may endanger the life or safety of any of
624	624	13 the driver's passengers within the duration of the permit
625	625	14 period;
626	626	15 10. not have been under an order of court supervision
627	627	16 for or convicted of reckless driving, aggravated reckless
628	628	17 driving, driving while under the influence of alcohol,
629	629	18 other drug or drugs, intoxicating compound or compounds or
630	630	19 any combination thereof, or reckless homicide resulting
631	631	20 from the operation of a motor vehicle within 3 years of the
632	632	21 date of application;
633	633	22 11. not have been convicted of committing or
634	634	23 attempting to commit any one or more of the following
635	635	24 offenses: (i) those offenses defined in Sections 8-1,
636	636	25 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
637	637	26 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
638	638
639	639
640	640
641	641
642	642
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644	644
645	645
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647	647	HB3476 - 18 - LRB103 27485 MXP 53857 b
648	648	1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
649	649	2 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
650	650	3 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
651	651	4 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
652	652	5 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
653	653	6 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
654	654	7 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
655	655	8 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
656	656	9 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
657	657	10 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
658	658	11 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
659	659	12 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
660	660	13 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
661	661	14 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
662	662	15 33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
663	663	16 of Section 24-3, and those offenses contained in Article
664	664	17 29D of the Criminal Code of 1961 or the Criminal Code of
665	665	18 2012; (ii) those offenses defined in the Cannabis Control
666	666	19 Act except those offenses defined in subsections (a) and
667	667	20 (b) of Section 4, and subsection (a) of Section 5 of the
668	668	21 Cannabis Control Act; (iii) those offenses defined in the
669	669	22 Illinois Controlled Substances Act; (iv) those offenses
670	670	23 defined in the Methamphetamine Control and Community
671	671	24 Protection Act; (v) any offense committed or attempted in
672	672	25 any other state or against the laws of the United States,
673	673	26 which if committed or attempted in this State would be
674	674
675	675
676	676
677	677
678	678
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683	683	HB3476 - 19 - LRB103 27485 MXP 53857 b
684	684	1 punishable as one or more of the foregoing offenses; (vi)
685	685	2 the offenses defined in Section 4.1 and 5.1 of the Wrongs
686	686	3 to Children Act or Section 11-9.1A of the Criminal Code of
687	687	4 1961 or the Criminal Code of 2012; (vii) those offenses
688	688	5 defined in Section 6-16 of the Liquor Control Act of 1934;
689	689	6 and (viii) those offenses defined in the Methamphetamine
690	690	7 Precursor Control Act;
691	691	8 12. not have been repeatedly involved as a driver in
692	692	9 motor vehicle collisions or been repeatedly convicted of
693	693	10 offenses against laws and ordinances regulating the
694	694	11 movement of traffic, to a degree which indicates lack of
695	695	12 ability to exercise ordinary and reasonable care in the
696	696	13 safe operation of a motor vehicle or disrespect for the
697	697	14 traffic laws and the safety of other persons upon the
698	698	15 highway;
699	699	16 13. not have, through the unlawful operation of a
700	700	17 motor vehicle, caused a crash resulting in the death of
701	701	18 any person;
702	702	19 14. not have, within the last 5 years, been adjudged
703	703	20 to be afflicted with or suffering from any mental
704	704	21 disability or disease;
705	705	22 15. consent, in writing, to the release of results of
706	706	23 reasonable suspicion drug and alcohol testing under
707	707	24 Section 6-106.1c of this Code by the employer of the
708	708	25 applicant to the Secretary of State; and
709	709	26 16. not have been convicted of committing or
710	710
711	711
712	712
713	713
714	714
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716	716
717	717
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720	720	1 attempting to commit within the last 20 years: (i) an
721	721	2 offense defined in subsection (c) of Section 4, subsection
722	722	3 (b) of Section 5, and subsection (a) of Section 8 of the
723	723	4 Cannabis Control Act; or (ii) any offenses in any other
724	724	5 state or against the laws of the United States that, if
725	725	6 committed or attempted in this State, would be punishable
726	726	7 as one or more of the foregoing offenses.
727	727	8 (a-5) If an applicant's driver's license has been
728	728	9 suspended within the 3 years immediately prior to the date of
729	729	10 application for the sole reason of failure to pay child
730	730	11 support, that suspension shall not bar the applicant from
731	731	12 receiving a school bus driver permit.
732	732	13 (a-7) The Secretary of State, in conjunction with the
733	733	14 Illinois State Board of Education, shall develop a separate
734	734	15 classroom course and refresher course for operation of
735	735	16 vehicles of the first division being operated as school buses.
736	736	17 Regional superintendents of schools, working with the Illinois
737	737	18 State Board of Education, shall offer the course.
738	738	19 (a-10) All applicants to operate a first division vehicle
739	739	20 must:
740	740	21 (1) meet the requirements of paragraphs 1, 2, 3, 7,
741	741	22 and 9 through 16 of subsection (a); and
742	742	23 (2) complete the course developed and offered under
743	743	24 subsection (a-5), or complete a training course
744	744	25 administered by the service provider in which the
745	745	26 applicant will be employed by, or under contract with,
746	746
747	747
748	748
749	749
750	750
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752	752
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755	755	HB3476 - 21 - LRB103 27485 MXP 53857 b
756	756	1 that covers safe driving practices with a first division
757	757	2 vehicle, special considerations for transporting students
758	758	3 with disabilities, emergency preparedness, and safe
759	759	4 pick-up and drop-off procedures.
760	760	5 (b) A school bus driver permit shall be valid for a period
761	761	6 specified by the Secretary of State as set forth by rule. It
762	762	7 shall be renewable upon compliance with subsection (a) of this
763	763	8 Section.
764	764	9 (c) A school bus driver permit shall contain the holder's
765	765	10 driver's license number, legal name, residence address, zip
766	766	11 code, and date of birth, a brief description of the holder, and
767	767	12 a space for signature. The Secretary of State may require a
768	768	13 suitable photograph of the holder.
769	769	14 (d) The employer shall be responsible for conducting a
770	770	15 pre-employment interview with prospective school bus driver
771	771	16 candidates, distributing school bus driver applications and
772	772	17 medical forms to be completed by the applicant, and submitting
773	773	18 the applicant's fingerprint cards to the Illinois State Police
774	774	19 that are required for the criminal background investigations.
775	775	20 The employer shall certify in writing to the Secretary of
776	776	21 State that all pre-employment conditions have been
777	777	22 successfully completed including the successful completion of
778	778	23 an Illinois specific criminal background investigation through
779	779	24 the Illinois State Police and the submission of necessary
780	780	25 fingerprints to the Federal Bureau of Investigation for
781	781	26 criminal history information available through the Federal
782	782
783	783
784	784
785	785
786	786
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788	788
789	789
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792	792	1 Bureau of Investigation system. The applicant shall present
793	793	2 the certification to the Secretary of State at the time of
794	794	3 submitting the school bus driver permit application.
795	795	4 (e) Permits shall initially be provisional upon receiving
796	796	5 certification from the employer that all pre-employment
797	797	6 conditions have been successfully completed, and upon
798	798	7 successful completion of all training and examination
799	799	8 requirements for the classification of the vehicle to be
800	800	9 operated, the Secretary of State shall provisionally issue a
801	801	10 School Bus Driver Permit. The permit shall remain in a
802	802	11 provisional status pending the completion of the Federal
803	803	12 Bureau of Investigation's criminal background investigation
804	804	13 based upon fingerprinting specimens submitted to the Federal
805	805	14 Bureau of Investigation by the Illinois State Police. The
806	806	15 Federal Bureau of Investigation shall report the findings
807	807	16 directly to the Secretary of State. The Secretary of State
808	808	17 shall remove the bus driver permit from provisional status
809	809	18 upon the applicant's successful completion of the Federal
810	810	19 Bureau of Investigation's criminal background investigation.
811	811	20 (f) A school bus driver permit holder shall notify the
812	812	21 employer and the Secretary of State if he or she is issued an
813	813	22 order of court supervision for or convicted in another state
814	814	23 of an offense that would make him or her ineligible for a
815	815	24 permit under subsection (a) of this Section. The written
816	816	25 notification shall be made within 5 days of the entry of the
817	817	26 order of court supervision or conviction. Failure of the
818	818
819	819
820	820
821	821
822	822
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824	824
825	825
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827	827	HB3476 - 23 - LRB103 27485 MXP 53857 b
828	828	1 permit holder to provide the notification is punishable as a
829	829	2 petty offense for a first violation and a Class B misdemeanor
830	830	3 for a second or subsequent violation.
831	831	4 (g) Cancellation; suspension; notice and procedure.
832	832	5 (1) The Secretary of State shall cancel a school bus
833	833	6 driver permit of an applicant whose criminal background
834	834	7 investigation discloses that he or she is not in
835	835	8 compliance with the provisions of subsection (a) of this
836	836	9 Section.
837	837	10 (2) The Secretary of State shall cancel a school bus
838	838	11 driver permit when he or she receives notice that the
839	839	12 permit holder fails to comply with any provision of this
840	840	13 Section or any rule promulgated for the administration of
841	841	14 this Section.
842	842	15 (3) The Secretary of State shall cancel a school bus
843	843	16 driver permit if the permit holder's restricted commercial
844	844	17 or commercial driving privileges are withdrawn or
845	845	18 otherwise invalidated.
846	846	19 (4) The Secretary of State may not issue a school bus
847	847	20 driver permit for a period of 3 years to an applicant who
848	848	21 fails to obtain a negative result on a drug test as
849	849	22 required in item 6 of subsection (a) of this Section or
850	850	23 under federal law.
851	851	24 (5) The Secretary of State shall forthwith suspend a
852	852	25 school bus driver permit for a period of 3 years upon
853	853	26 receiving notice that the holder has failed to obtain a
854	854
855	855
856	856
857	857
858	858
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860	860
861	861
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864	864	1 negative result on a drug test as required in item 6 of
865	865	2 subsection (a) of this Section or under federal law.
866	866	3 (6) The Secretary of State shall suspend a school bus
867	867	4 driver permit for a period of 3 years upon receiving
868	868	5 notice from the employer that the holder failed to perform
869	869	6 the inspection procedure set forth in subsection (a) or
870	870	7 (b) of Section 12-816 of this Code.
871	871	8 (7) The Secretary of State shall suspend a school bus
872	872	9 driver permit for a period of 3 years upon receiving
873	873	10 notice from the employer that the holder refused to submit
874	874	11 to an alcohol or drug test as required by Section 6-106.1c
875	875	12 or has submitted to a test required by that Section which
876	876	13 disclosed an alcohol concentration of more than 0.00 or
877	877	14 disclosed a positive result on a National Institute on
878	878	15 Drug Abuse five-drug panel, utilizing federal standards
879	879	16 set forth in 49 CFR 40.87.
880	880	17 The Secretary of State shall notify the State
881	881	18 Superintendent of Education and the permit holder's
882	882	19 prospective or current employer that the applicant has (1) has
883	883	20 failed a criminal background investigation or (2) is no longer
884	884	21 eligible for a school bus driver permit; and of the related
885	885	22 cancellation of the applicant's provisional school bus driver
886	886	23 permit. The cancellation shall remain in effect pending the
887	887	24 outcome of a hearing pursuant to Section 2-118 of this Code.
888	888	25 The scope of the hearing shall be limited to the issuance
889	889	26 criteria contained in subsection (a) of this Section. A
890	890
891	891
892	892
893	893
894	894
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896	896
897	897
898	898	HB3476- 25 -LRB103 27485 MXP 53857 b HB3476 - 25 - LRB103 27485 MXP 53857 b
899	899	HB3476 - 25 - LRB103 27485 MXP 53857 b
900	900	1 petition requesting a hearing shall be submitted to the
901	901	2 Secretary of State and shall contain the reason the individual
902	902	3 feels he or she is entitled to a school bus driver permit. The
903	903	4 permit holder's employer shall notify in writing to the
904	904	5 Secretary of State that the employer has certified the removal
905	905	6 of the offending school bus driver from service prior to the
906	906	7 start of that school bus driver's next work shift workshift.
907	907	8 An employing school board that fails to remove the offending
908	908	9 school bus driver from service is subject to the penalties
909	909	10 defined in Section 3-14.23 of the School Code. A school bus
910	910	11 contractor who violates a provision of this Section is subject
911	911	12 to the penalties defined in Section 6-106.11.
912	912	13 All valid school bus driver permits issued under this
913	913	14 Section prior to January 1, 1995, shall remain effective until
914	914	15 their expiration date unless otherwise invalidated.
915	915	16 (h) When a school bus driver permit holder who is a service
916	916	17 member is called to active duty, the employer of the permit
917	917	18 holder shall notify the Secretary of State, within 30 days of
918	918	19 notification from the permit holder, that the permit holder
919	919	20 has been called to active duty. Upon notification pursuant to
920	920	21 this subsection, (i) the Secretary of State shall characterize
921	921	22 the permit as inactive until a permit holder renews the permit
922	922	23 as provided in subsection (i) of this Section, and (ii) if a
923	923	24 permit holder fails to comply with the requirements of this
924	924	25 Section while called to active duty, the Secretary of State
925	925	26 shall not characterize the permit as invalid.
926	926
927	927
928	928
929	929
930	930
931	931	HB3476 - 25 - LRB103 27485 MXP 53857 b
932	932
933	933
934	934	HB3476- 26 -LRB103 27485 MXP 53857 b HB3476 - 26 - LRB103 27485 MXP 53857 b
935	935	HB3476 - 26 - LRB103 27485 MXP 53857 b
936	936	1 (i) A school bus driver permit holder who is a service
937	937	2 member returning from active duty must, within 90 days, renew
938	938	3 a permit characterized as inactive pursuant to subsection (h)
939	939	4 of this Section by complying with the renewal requirements of
940	940	5 subsection (b) of this Section.
941	941	6 (j) For purposes of subsections (h) and (i) of this
942	942	7 Section:
943	943	8 "Active duty" means active duty pursuant to an executive
944	944	9 order of the President of the United States, an act of the
945	945	10 Congress of the United States, or an order of the Governor.
946	946	11 "Service member" means a member of the Armed Services or
947	947	12 reserve forces of the United States or a member of the Illinois
948	948	13 National Guard.
949	949	14 (k) A private carrier employer of a school bus driver
950	950	15 permit holder, having satisfied the employer requirements of
951	951	16 this Section, shall be held to a standard of ordinary care for
952	952	17 intentional acts committed in the course of employment by the
953	953	18 bus driver permit holder. This subsection (k) shall in no way
954	954	19 limit the liability of the private carrier employer for
955	955	20 violation of any provision of this Section or for the
956	956	21 negligent hiring or retention of a school bus driver permit
957	957	22 holder.
958	958	23 (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
959	959	24 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
960	960	25 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised
961	961	26 12-14-22.)
962	962
963	963
964	964
965	965
966	966
967	967	HB3476 - 26 - LRB103 27485 MXP 53857 b
968	968
969	969
970	970	HB3476- 27 -LRB103 27485 MXP 53857 b HB3476 - 27 - LRB103 27485 MXP 53857 b
971	971	HB3476 - 27 - LRB103 27485 MXP 53857 b
972	972	1 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
973	973	2 (Text of Section before amendment by P.A. 102-982)
974	974	3 Sec. 13-109. Safety test prior to application for license -
975	975	4 Subsequent tests - Repairs - Retest.
976	976	5 (a) Except as otherwise provided in Chapter 13, each
977	977	6 second division vehicle, first division vehicle including a
978	978	7 taxi which is used for a purpose that requires a school bus
979	979	8 driver permit, and medical transport vehicle, except those
980	980	9 vehicles other than school buses or medical transport vehicles
981	981	10 owned or operated by a municipal corporation or political
982	982	11 subdivision having a population of 1,000,000 or more
983	983	12 inhabitants which are subjected to safety tests imposed by
984	984	13 local ordinance or resolution, operated in whole or in part
985	985	14 over the highways of this State, motor vehicle used for driver
986	986	15 education training, and each vehicle designed to carry 15 or
987	987	16 fewer passengers operated by a contract carrier transporting
988	988	17 employees in the course of their employment on a highway of
989	989	18 this State, shall be subjected to the safety test provided for
990	990	19 in Chapter 13 of this Code. Tests shall be conducted at an
991	991	20 official testing station within 6 months prior to the
992	992	21 application for registration as provided for in this Code.
993	993	22 Subsequently each vehicle shall be subject to tests (i) at
994	994	23 least every 6 months, (ii) in the case of school buses and
995	995	24 first division vehicles including taxis which are used for a
996	996	25 purpose that requires a school bus driver permit, at least
997	997
998	998
999	999
1000	1000
1001	1001
1002	1002	HB3476 - 27 - LRB103 27485 MXP 53857 b
1003	1003
1004	1004
1005	1005	HB3476- 28 -LRB103 27485 MXP 53857 b HB3476 - 28 - LRB103 27485 MXP 53857 b
1006	1006	HB3476 - 28 - LRB103 27485 MXP 53857 b
1007	1007	1 every 6 months or 10,000 miles, whichever occurs first, (iii)
1008	1008	2 in the case of driver education vehicles used by public high
1009	1009	3 schools, at least every 12 months for vehicles over 5 model
1010	1010	4 years of age or having an odometer reading of over 75,000
1011	1011	5 miles, whichever occurs first, or (iv) in the case of truck
1012	1012	6 tractors, semitrailers, and property-carrying vehicles
1013	1013	7 registered for a gross weight of more than 10,000 pounds but
1014	1014	8 less than 26,001 pounds, at least every 12 months, and
1015	1015	9 according to schedules established by rules and regulations
1016	1016	10 promulgated by the Department. Any component subject to
1017	1017	11 regular inspection which is damaged in a reportable accident
1018	1018	12 must be reinspected before the bus or first division vehicle
1019	1019	13 including a taxi which is used for a purpose that requires a
1020	1020	14 school bus driver permit is returned to service.
1021	1021	15 (b) The Department shall also conduct periodic
1022	1022	16 nonscheduled inspections of school buses, of buses registered
1023	1023	17 as charitable vehicles and of religious organization buses. If
1024	1024	18 such inspection reveals that a vehicle is not in substantial
1025	1025	19 compliance with the rules promulgated by the Department, the
1026	1026	20 Department shall remove the Certificate of Safety from the
1027	1027	21 vehicle, and shall place the vehicle out-of-service. A bright
1028	1028	22 orange, triangular decal shall be placed on an out-of-service
1029	1029	23 vehicle where the Certificate of Safety has been removed. The
1030	1030	24 vehicle must pass a safety test at an official testing station
1031	1031	25 before it is again placed in service.
1032	1032	26 (c) If the violation is not substantial a bright yellow,
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038	HB3476 - 28 - LRB103 27485 MXP 53857 b
1039	1039
1040	1040
1041	1041	HB3476- 29 -LRB103 27485 MXP 53857 b HB3476 - 29 - LRB103 27485 MXP 53857 b
1042	1042	HB3476 - 29 - LRB103 27485 MXP 53857 b
1043	1043	1 triangular sticker shall be placed next to the Certificate of
1044	1044	2 Safety at the time the nonscheduled inspection is made. The
1045	1045	3 Department shall reinspect the vehicle after 3 working days to
1046	1046	4 determine that the violation has been corrected and remove the
1047	1047	5 yellow, triangular decal. If the violation is not corrected
1048	1048	6 within 3 working days, the Department shall place the vehicle
1049	1049	7 out-of-service in accordance with procedures in subsection
1050	1050	8 (b).
1051	1051	9 (d) If a violation is not substantial and does not
1052	1052	10 directly affect the safe operation of the vehicle, the
1053	1053	11 Department shall issue a warning notice requiring correction
1054	1054	12 of the violation. Such correction shall be accomplished as
1055	1055	13 soon as practicable and a report of the correction shall be
1056	1056	14 made to the Department within 30 days in a manner established
1057	1057	15 by the Department. If the Department has not been advised that
1058	1058	16 the corrections have been made, and the violations still
1059	1059	17 exist, the Department shall place the vehicle out-of-service
1060	1060	18 in accordance with procedures in subsection (b).
1061	1061	19 (e) The Department is authorized to promulgate regulations
1062	1062	20 to implement its program of nonscheduled inspections. Causing
1063	1063	21 or allowing the operation of an out-of-service vehicle with
1064	1064	22 passengers or unauthorized removal of an out-of-service
1065	1065	23 sticker is a Class 3 felony. Causing or allowing the operation
1066	1066	24 of a vehicle with a 3-day sticker for longer than 3 days with
1067	1067	25 the sticker attached or the unauthorized removal of a 3-day
1068	1068	26 sticker is a Class C misdemeanor.
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074	HB3476 - 29 - LRB103 27485 MXP 53857 b
1075	1075
1076	1076
1077	1077	HB3476- 30 -LRB103 27485 MXP 53857 b HB3476 - 30 - LRB103 27485 MXP 53857 b
1078	1078	HB3476 - 30 - LRB103 27485 MXP 53857 b
1079	1079	1 (f) If a second division vehicle, first division vehicle
1080	1080	2 including a taxi which is used for a purpose that requires a
1081	1081	3 school bus driver permit, medical transport vehicle, or
1082	1082	4 vehicle operated by a contract carrier as provided in
1083	1083	5 subsection (a) of this Section is in safe mechanical
1084	1084	6 condition, as determined pursuant to Chapter 13, the operator
1085	1085	7 of the official testing station must at once issue to the
1086	1086	8 second division vehicle, first division vehicle including a
1087	1087	9 taxi which is used for a purpose that requires a school bus
1088	1088	10 driver permit, or medical transport vehicle a certificate of
1089	1089	11 safety, in the form and manner prescribed by the Department,
1090	1090	12 which shall be affixed to the vehicle by the certified safety
1091	1091	13 tester who performed the safety tests. The owner of the second
1092	1092	14 division vehicle, first division vehicle including a taxi
1093	1093	15 which is used for a purpose that requires a school bus driver
1094	1094	16 permit, or medical transport vehicle or the contract carrier
1095	1095	17 shall at all times display the Certificate of Safety on the
1096	1096	18 second division vehicle, first division vehicle including a
1097	1097	19 taxi which is used for a purpose that requires a school bus
1098	1098	20 driver permit, medical transport vehicle, or vehicle operated
1099	1099	21 by a contract carrier in the manner prescribed by the
1100	1100	22 Department.
1101	1101	23 (g) If a test shows that a second division vehicle, first
1102	1102	24 division vehicle including a taxi which is used for a purpose
1103	1103	25 that requires a school bus driver permit, medical transport
1104	1104	26 vehicle, or vehicle operated by a contract carrier is not in
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110	HB3476 - 30 - LRB103 27485 MXP 53857 b
1111	1111
1112	1112
1113	1113	HB3476- 31 -LRB103 27485 MXP 53857 b HB3476 - 31 - LRB103 27485 MXP 53857 b
1114	1114	HB3476 - 31 - LRB103 27485 MXP 53857 b
1115	1115	1 safe mechanical condition as provided in this Section, it
1116	1116	2 shall not be operated on the highways until it has been
1117	1117	3 repaired and submitted to a retest at an official testing
1118	1118	4 station. If the owner or contract carrier submits the vehicle
1119	1119	5 to a retest at a different official testing station from that
1120	1120	6 where it failed to pass the first test, he or she shall present
1121	1121	7 to the operator of the second station the report of the
1122	1122	8 original test, and shall notify the Department in writing,
1123	1123	9 giving the name and address of the original testing station
1124	1124	10 and the defects which prevented the issuance of a Certificate
1125	1125	11 of Safety, and the name and address of the second official
1126	1126	12 testing station making the retest.
1127	1127	13 (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
1128	1128	14 (Text of Section after amendment by P.A. 102-982)
1129	1129	15 Sec. 13-109. Safety test prior to application for license;
1130	1130	16 subsequent tests; repairs; retest license - Subsequent tests -
1131	1131	17 Repairs - Retest.
1132	1132	18 (a) Except as otherwise provided in Chapter 13, each
1133	1133	19 second division vehicle, first division vehicle including a
1134	1134	20 taxi which is used for a purpose that requires a school bus
1135	1135	21 driver permit, and medical transport vehicle, except those
1136	1136	22 vehicles other than school buses or medical transport vehicles
1137	1137	23 owned or operated by a municipal corporation or political
1138	1138	24 subdivision having a population of 1,000,000 or more
1139	1139	25 inhabitants which are subjected to safety tests imposed by
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145	HB3476 - 31 - LRB103 27485 MXP 53857 b
1146	1146
1147	1147
1148	1148	HB3476- 32 -LRB103 27485 MXP 53857 b HB3476 - 32 - LRB103 27485 MXP 53857 b
1149	1149	HB3476 - 32 - LRB103 27485 MXP 53857 b
1150	1150	1 local ordinance or resolution, operated in whole or in part
1151	1151	2 over the highways of this State, motor vehicle used for driver
1152	1152	3 education training, and each vehicle designed to carry 15 or
1153	1153	4 fewer passengers operated by a contract carrier transporting
1154	1154	5 employees in the course of their employment on a highway of
1155	1155	6 this State, shall be subjected to the safety test provided for
1156	1156	7 in Chapter 13 of this Code. Tests shall be conducted at an
1157	1157	8 official testing station within 6 months prior to the
1158	1158	9 application for registration as provided for in this Code.
1159	1159	10 Subsequently each vehicle shall be subject to tests (i) at
1160	1160	11 least every 6 months, (i.5) in the case of first division
1161	1161	12 vehicles, including taxis that are used for a purpose that
1162	1162	13 requires a school bus driver permit, at least every 12 months,
1163	1163	14 (ii) in the case of school buses and first division vehicles
1164	1164	15 including taxis which are used for a purpose that requires a
1165	1165	16 school bus driver permit, at least every 6 months or 10,000
1166	1166	17 miles, whichever occurs first, (iii) in the case of driver
1167	1167	18 education vehicles used by public high schools, at least every
1168	1168	19 12 months for vehicles over 5 model years of age or having an
1169	1169	20 odometer reading of over 75,000 miles, whichever occurs first,
1170	1170	21 or (iv) in the case of truck tractors, semitrailers, and
1171	1171	22 property-carrying vehicles registered for a gross weight of
1172	1172	23 more than 10,000 pounds but less than 26,001 pounds, at least
1173	1173	24 every 12 months, and according to schedules established by
1174	1174	25 rules and regulations promulgated by the Department. Any
1175	1175	26 component subject to regular inspection which is damaged in a
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181	HB3476 - 32 - LRB103 27485 MXP 53857 b
1182	1182
1183	1183
1184	1184	HB3476- 33 -LRB103 27485 MXP 53857 b HB3476 - 33 - LRB103 27485 MXP 53857 b
1185	1185	HB3476 - 33 - LRB103 27485 MXP 53857 b
1186	1186	1 reportable crash must be reinspected before the bus or first
1187	1187	2 division vehicle including a taxi which is used for a purpose
1188	1188	3 that requires a school bus driver permit is returned to
1189	1189	4 service.
1190	1190	5 (b) The Department shall also conduct periodic
1191	1191	6 nonscheduled inspections of school buses, of buses registered
1192	1192	7 as charitable vehicles and of religious organization buses. If
1193	1193	8 such inspection reveals that a vehicle is not in substantial
1194	1194	9 compliance with the rules promulgated by the Department, the
1195	1195	10 Department shall remove the Certificate of Safety from the
1196	1196	11 vehicle, and shall place the vehicle out-of-service. A bright
1197	1197	12 orange, triangular decal shall be placed on an out-of-service
1198	1198	13 vehicle where the Certificate of Safety has been removed. The
1199	1199	14 vehicle must pass a safety test at an official testing station
1200	1200	15 before it is again placed in service.
1201	1201	16 (c) If the violation is not substantial a bright yellow,
1202	1202	17 triangular sticker shall be placed next to the Certificate of
1203	1203	18 Safety at the time the nonscheduled inspection is made. The
1204	1204	19 Department shall reinspect the vehicle after 3 working days to
1205	1205	20 determine that the violation has been corrected and remove the
1206	1206	21 yellow, triangular decal. If the violation is not corrected
1207	1207	22 within 3 working days, the Department shall place the vehicle
1208	1208	23 out-of-service in accordance with procedures in subsection
1209	1209	24 (b).
1210	1210	25 (d) If a violation is not substantial and does not
1211	1211	26 directly affect the safe operation of the vehicle, the
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	HB3476 - 33 - LRB103 27485 MXP 53857 b
1218	1218
1219	1219
1220	1220	HB3476- 34 -LRB103 27485 MXP 53857 b HB3476 - 34 - LRB103 27485 MXP 53857 b
1221	1221	HB3476 - 34 - LRB103 27485 MXP 53857 b
1222	1222	1 Department shall issue a warning notice requiring correction
1223	1223	2 of the violation. Such correction shall be accomplished as
1224	1224	3 soon as practicable and a report of the correction shall be
1225	1225	4 made to the Department within 30 days in a manner established
1226	1226	5 by the Department. If the Department has not been advised that
1227	1227	6 the corrections have been made, and the violations still
1228	1228	7 exist, the Department shall place the vehicle out-of-service
1229	1229	8 in accordance with procedures in subsection (b).
1230	1230	9 (e) The Department is authorized to promulgate regulations
1231	1231	10 to implement its program of nonscheduled inspections. Causing
1232	1232	11 or allowing the operation of an out-of-service vehicle with
1233	1233	12 passengers or unauthorized removal of an out-of-service
1234	1234	13 sticker is a Class 3 felony. Causing or allowing the operation
1235	1235	14 of a vehicle with a 3-day sticker for longer than 3 days with
1236	1236	15 the sticker attached or the unauthorized removal of a 3-day
1237	1237	16 sticker is a Class C misdemeanor.
1238	1238	17 (f) If a second division vehicle, first division vehicle
1239	1239	18 including a taxi which is used for a purpose that requires a
1240	1240	19 school bus driver permit, medical transport vehicle, or
1241	1241	20 vehicle operated by a contract carrier as provided in
1242	1242	21 subsection (a) of this Section is in safe mechanical
1243	1243	22 condition, as determined pursuant to Chapter 13, the operator
1244	1244	23 of the official testing station must at once issue to the
1245	1245	24 second division vehicle, first division vehicle including a
1246	1246	25 taxi which is used for a purpose that requires a school bus
1247	1247	26 driver permit, or medical transport vehicle a certificate of
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	HB3476 - 34 - LRB103 27485 MXP 53857 b
1254	1254
1255	1255
1256	1256	HB3476- 35 -LRB103 27485 MXP 53857 b HB3476 - 35 - LRB103 27485 MXP 53857 b
1257	1257	HB3476 - 35 - LRB103 27485 MXP 53857 b
1258	1258	1 safety, in the form and manner prescribed by the Department,
1259	1259	2 which shall be affixed to the vehicle by the certified safety
1260	1260	3 tester who performed the safety tests. The owner of the second
1261	1261	4 division vehicle, first division vehicle including a taxi
1262	1262	5 which is used for a purpose that requires a school bus driver
1263	1263	6 permit, or medical transport vehicle or the contract carrier
1264	1264	7 shall at all times display the Certificate of Safety on the
1265	1265	8 second division vehicle, first division vehicle including a
1266	1266	9 taxi which is used for a purpose that requires a school bus
1267	1267	10 driver permit, medical transport vehicle, or vehicle operated
1268	1268	11 by a contract carrier in the manner prescribed by the
1269	1269	12 Department.
1270	1270	13 (g) If a test shows that a second division vehicle, first
1271	1271	14 division vehicle including a taxi which is used for a purpose
1272	1272	15 that requires a school bus driver permit, medical transport
1273	1273	16 vehicle, or vehicle operated by a contract carrier is not in
1274	1274	17 safe mechanical condition as provided in this Section, it
1275	1275	18 shall not be operated on the highways until it has been
1276	1276	19 repaired and submitted to a retest at an official testing
1277	1277	20 station. If the owner or contract carrier submits the vehicle
1278	1278	21 to a retest at a different official testing station from that
1279	1279	22 where it failed to pass the first test, he or she shall present
1280	1280	23 to the operator of the second station the report of the
1281	1281	24 original test, and shall notify the Department in writing,
1282	1282	25 giving the name and address of the original testing station
1283	1283	26 and the defects which prevented the issuance of a Certificate
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	HB3476 - 35 - LRB103 27485 MXP 53857 b
1290	1290
1291	1291
1292	1292	HB3476- 36 -LRB103 27485 MXP 53857 b HB3476 - 36 - LRB103 27485 MXP 53857 b
1293	1293	HB3476 - 36 - LRB103 27485 MXP 53857 b
1294	1294	1 of Safety, and the name and address of the second official
1295	1295	2 testing station making the retest.
1296	1296	3 (Source: P.A. 102-982, eff. 7-1-23.)
1297	1297	4 Section 95. No acceleration or delay. Where this Act makes
1298	1298	5 changes in a statute that is represented in this Act by text
1299	1299	6 that is not yet or no longer in effect (for example, a Section
1300	1300	7 represented by multiple versions), the use of that text does
1301	1301	8 not accelerate or delay the taking effect of (i) the changes
1302	1302	9 made by this Act or (ii) provisions derived from any other
1303	1303	10 Public Act.
1304	1304	11 Section 99. Effective date. This Act takes effect July 1,
1305	1305	12 2023.
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310
1311	1311	HB3476 - 36 - LRB103 27485 MXP 53857 b