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 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. 13-109 625 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 LRB103 27485 MXP 53857 b A BILL FOR HB3476LRB103 27485 MXP 53857 b HB3476 LRB103 27485 MXP 53857 b HB3476 LRB103 27485 MXP 53857 b 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 1-217, 6-106.1, and 13-109 as follows: 6 (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217) 7 Sec. 1-217. Vehicle. Every device, in, upon or by which 8 any person or property is or may be transported or drawn upon a 9 highway or requiring a certificate of title under Section 10 3-101(d) of this Code, except devices moved by human power, 11 devices used exclusively upon stationary rails or tracks, and 12 snowmobiles as defined in the Snowmobile Registration and 13 Safety Act. 14 For the purposes of this Code, unless otherwise 15 prescribed, a device shall be considered to be a vehicle until 16 such time it either comes within the definition of a junk 17 vehicle, as defined under this Code, or a junking certificate 18 is issued for it. 19 For this Code, vehicles are divided into 2 divisions: 20 First Division: Those motor vehicles which are designed 21 for the carrying of not more than 10 persons. 22 Second Division: Those vehicles which are designed for 23 carrying more than 10 persons, those designed or used 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. 13-109 625 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 LRB103 27485 MXP 53857 b A BILL FOR 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 LRB103 27485 MXP 53857 b HB3476 LRB103 27485 MXP 53857 b HB3476- 2 -LRB103 27485 MXP 53857 b HB3476 - 2 - LRB103 27485 MXP 53857 b HB3476 - 2 - LRB103 27485 MXP 53857 b 1 living quarters and those vehicles which are designed for 2 pulling or carrying property, freight, or cargo and , those 3 motor vehicles of the First Division remodelled for use and 4 used as motor vehicles of the Second Division, and those motor 5 vehicles of the First Division used and registered as school 6 buses. 7 (Source: P.A. 92-812, eff. 8-21-02.) 8 (625 ILCS 5/6-106.1) 9 (Text of Section before amendment by P.A. 102-982) 10 Sec. 6-106.1. School bus driver permit. 11 (a) The Secretary of State shall issue a school bus driver 12 permit to those applicants who have met all the requirements 13 of the application and screening process under this Section to 14 insure the welfare and safety of children who are transported 15 on school buses throughout the State of Illinois. Applicants 16 shall obtain the proper application required by the Secretary 17 of State from their prospective or current employer and submit 18 the completed application to the prospective or current 19 employer along with the necessary fingerprint submission as 20 required by the Illinois State Police to conduct fingerprint 21 based criminal background checks on current and future 22 information available in the state system and current 23 information available through the Federal Bureau of 24 Investigation's system. Applicants who have completed the 25 fingerprinting requirements shall not be subjected to the HB3476 - 2 - LRB103 27485 MXP 53857 b HB3476- 3 -LRB103 27485 MXP 53857 b HB3476 - 3 - LRB103 27485 MXP 53857 b HB3476 - 3 - LRB103 27485 MXP 53857 b 1 fingerprinting process when applying for subsequent permits or 2 submitting proof of successful completion of the annual 3 refresher course. Individuals who on July 1, 1995 (the 4 effective date of Public Act 88-612) possess a valid school 5 bus driver permit that has been previously issued by the 6 appropriate Regional School Superintendent are not subject to 7 the fingerprinting provisions of this Section as long as the 8 permit remains valid and does not lapse. The applicant shall 9 be required to pay all related application and fingerprinting 10 fees as established by rule including, but not limited to, the 11 amounts established by the Illinois State Police and the 12 Federal Bureau of Investigation to process fingerprint based 13 criminal background investigations. All fees paid for 14 fingerprint processing services under this Section shall be 15 deposited into the State Police Services Fund for the cost 16 incurred in processing the fingerprint based criminal 17 background investigations. All other fees paid under this 18 Section shall be deposited into the Road Fund for the purpose 19 of defraying the costs of the Secretary of State in 20 administering this Section. All applicants must: 21 1. be 21 years of age or older; 22 2. possess a valid and properly classified driver's 23 license issued by the Secretary of State; 24 3. possess a valid driver's license, which has not 25 been revoked, suspended, or canceled for 3 years 26 immediately prior to the date of application, or have not HB3476 - 3 - LRB103 27485 MXP 53857 b HB3476- 4 -LRB103 27485 MXP 53857 b HB3476 - 4 - LRB103 27485 MXP 53857 b HB3476 - 4 - LRB103 27485 MXP 53857 b 1 had his or her commercial motor vehicle driving privileges 2 disqualified within the 3 years immediately prior to the 3 date of application; 4 4. successfully pass a written test, administered by 5 the Secretary of State, on school bus operation, school 6 bus safety, and special traffic laws relating to school 7 buses and submit to a review of the applicant's driving 8 habits by the Secretary of State at the time the written 9 test is given; 10 5. demonstrate ability to exercise reasonable care in 11 the operation of school buses in accordance with rules 12 promulgated by the Secretary of State; 13 6. demonstrate physical fitness to operate school 14 buses by submitting the results of a medical examination, 15 including tests for drug use for each applicant not 16 subject to such testing pursuant to federal law, conducted 17 by a licensed physician, a licensed advanced practice 18 registered nurse, or a licensed physician assistant within 19 90 days of the date of application according to standards 20 promulgated by the Secretary of State; 21 7. affirm under penalties of perjury that he or she 22 has not made a false statement or knowingly concealed a 23 material fact in any application for permit; 24 8. have completed an initial classroom course, 25 including first aid procedures, in school bus driver 26 safety as promulgated by the Secretary of State; and after HB3476 - 4 - LRB103 27485 MXP 53857 b HB3476- 5 -LRB103 27485 MXP 53857 b HB3476 - 5 - LRB103 27485 MXP 53857 b HB3476 - 5 - LRB103 27485 MXP 53857 b 1 satisfactory completion of said initial course an annual 2 refresher course; such courses and the agency or 3 organization conducting such courses shall be approved by 4 the Secretary of State; failure to complete the annual 5 refresher course, shall result in cancellation of the 6 permit until such course is completed; 7 9. not have been under an order of court supervision 8 for or convicted of 2 or more serious traffic offenses, as 9 defined by rule, within one year prior to the date of 10 application that may endanger the life or safety of any of 11 the driver's passengers within the duration of the permit 12 period; 13 10. not have been under an order of court supervision 14 for or convicted of reckless driving, aggravated reckless 15 driving, driving while under the influence of alcohol, 16 other drug or drugs, intoxicating compound or compounds or 17 any combination thereof, or reckless homicide resulting 18 from the operation of a motor vehicle within 3 years of the 19 date of application; 20 11. not have been convicted of committing or 21 attempting to commit any one or more of the following 22 offenses: (i) those offenses defined in Sections 8-1, 23 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 24 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 26 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, HB3476 - 5 - LRB103 27485 MXP 53857 b HB3476- 6 -LRB103 27485 MXP 53857 b HB3476 - 6 - LRB103 27485 MXP 53857 b HB3476 - 6 - LRB103 27485 MXP 53857 b 1 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 2 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 3 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 4 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 5 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 6 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, 7 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 8 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 9 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 10 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 11 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 12 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 13 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), 14 of Section 24-3, and those offenses contained in Article 15 29D of the Criminal Code of 1961 or the Criminal Code of 16 2012; (ii) those offenses defined in the Cannabis Control 17 Act except those offenses defined in subsections (a) and 18 (b) of Section 4, and subsection (a) of Section 5 of the 19 Cannabis Control Act; (iii) those offenses defined in the 20 Illinois Controlled Substances Act; (iv) those offenses 21 defined in the Methamphetamine Control and Community 22 Protection Act; (v) any offense committed or attempted in 23 any other state or against the laws of the United States, 24 which if committed or attempted in this State would be 25 punishable as one or more of the foregoing offenses; (vi) 26 the offenses defined in Section 4.1 and 5.1 of the Wrongs HB3476 - 6 - LRB103 27485 MXP 53857 b HB3476- 7 -LRB103 27485 MXP 53857 b HB3476 - 7 - LRB103 27485 MXP 53857 b HB3476 - 7 - LRB103 27485 MXP 53857 b 1 to Children Act or Section 11-9.1A of the Criminal Code of 2 1961 or the Criminal Code of 2012; (vii) those offenses 3 defined in Section 6-16 of the Liquor Control Act of 1934; 4 and (viii) those offenses defined in the Methamphetamine 5 Precursor Control Act; 6 12. not have been repeatedly involved as a driver in 7 motor vehicle collisions or been repeatedly convicted of 8 offenses against laws and ordinances regulating the 9 movement of traffic, to a degree which indicates lack of 10 ability to exercise ordinary and reasonable care in the 11 safe operation of a motor vehicle or disrespect for the 12 traffic laws and the safety of other persons upon the 13 highway; 14 13. not have, through the unlawful operation of a 15 motor vehicle, caused an accident resulting in the death 16 of any person; 17 14. not have, within the last 5 years, been adjudged 18 to be afflicted with or suffering from any mental 19 disability or disease; 20 15. consent, in writing, to the release of results of 21 reasonable suspicion drug and alcohol testing under 22 Section 6-106.1c of this Code by the employer of the 23 applicant to the Secretary of State; and 24 16. not have been convicted of committing or 25 attempting to commit within the last 20 years: (i) an 26 offense defined in subsection (c) of Section 4, subsection HB3476 - 7 - LRB103 27485 MXP 53857 b HB3476- 8 -LRB103 27485 MXP 53857 b HB3476 - 8 - LRB103 27485 MXP 53857 b HB3476 - 8 - LRB103 27485 MXP 53857 b 1 (b) of Section 5, and subsection (a) of Section 8 of the 2 Cannabis Control Act; or (ii) any offenses in any other 3 state or against the laws of the United States that, if 4 committed or attempted in this State, would be punishable 5 as one or more of the foregoing offenses. 6 (a-5) If an applicant's driver's license has been 7 suspended within the 3 years immediately prior to the date of 8 application for the sole reason of failure to pay child 9 support, that suspension shall not bar the applicant from 10 receiving a school bus driver permit. 11 (b) A school bus driver permit shall be valid for a period 12 specified by the Secretary of State as set forth by rule. It 13 shall be renewable upon compliance with subsection (a) of this 14 Section. 15 (c) A school bus driver permit shall contain the holder's 16 driver's license number, legal name, residence address, zip 17 code, and date of birth, a brief description of the holder and 18 a space for signature. The Secretary of State may require a 19 suitable photograph of the holder. 20 (d) The employer shall be responsible for conducting a 21 pre-employment interview with prospective school bus driver 22 candidates, distributing school bus driver applications and 23 medical forms to be completed by the applicant, and submitting 24 the applicant's fingerprint cards to the Illinois State Police 25 that are required for the criminal background investigations. 26 The employer shall certify in writing to the Secretary of HB3476 - 8 - LRB103 27485 MXP 53857 b HB3476- 9 -LRB103 27485 MXP 53857 b HB3476 - 9 - LRB103 27485 MXP 53857 b HB3476 - 9 - LRB103 27485 MXP 53857 b 1 State that all pre-employment conditions have been 2 successfully completed including the successful completion of 3 an Illinois specific criminal background investigation through 4 the Illinois State Police and the submission of necessary 5 fingerprints to the Federal Bureau of Investigation for 6 criminal history information available through the Federal 7 Bureau of Investigation system. The applicant shall present 8 the certification to the Secretary of State at the time of 9 submitting the school bus driver permit application. 10 (e) Permits shall initially be provisional upon receiving 11 certification from the employer that all pre-employment 12 conditions have been successfully completed, and upon 13 successful completion of all training and examination 14 requirements for the classification of the vehicle to be 15 operated, the Secretary of State shall provisionally issue a 16 School Bus Driver Permit. The permit shall remain in a 17 provisional status pending the completion of the Federal 18 Bureau of Investigation's criminal background investigation 19 based upon fingerprinting specimens submitted to the Federal 20 Bureau of Investigation by the Illinois State Police. The 21 Federal Bureau of Investigation shall report the findings 22 directly to the Secretary of State. The Secretary of State 23 shall remove the bus driver permit from provisional status 24 upon the applicant's successful completion of the Federal 25 Bureau of Investigation's criminal background investigation. 26 (f) A school bus driver permit holder shall notify the HB3476 - 9 - LRB103 27485 MXP 53857 b HB3476- 10 -LRB103 27485 MXP 53857 b HB3476 - 10 - LRB103 27485 MXP 53857 b HB3476 - 10 - LRB103 27485 MXP 53857 b 1 employer and the Secretary of State if he or she is issued an 2 order of court supervision for or convicted in another state 3 of an offense that would make him or her ineligible for a 4 permit under subsection (a) of this Section. The written 5 notification shall be made within 5 days of the entry of the 6 order of court supervision or conviction. Failure of the 7 permit holder to provide the notification is punishable as a 8 petty offense for a first violation and a Class B misdemeanor 9 for a second or subsequent violation. 10 (g) Cancellation; suspension; notice and procedure. 11 (1) The Secretary of State shall cancel a school bus 12 driver permit of an applicant whose criminal background 13 investigation discloses that he or she is not in 14 compliance with the provisions of subsection (a) of this 15 Section. 16 (2) The Secretary of State shall cancel a school bus 17 driver permit when he or she receives notice that the 18 permit holder fails to comply with any provision of this 19 Section or any rule promulgated for the administration of 20 this Section. 21 (3) The Secretary of State shall cancel a school bus 22 driver permit if the permit holder's restricted commercial 23 or commercial driving privileges are withdrawn or 24 otherwise invalidated. 25 (4) The Secretary of State may not issue a school bus 26 driver permit for a period of 3 years to an applicant who HB3476 - 10 - LRB103 27485 MXP 53857 b HB3476- 11 -LRB103 27485 MXP 53857 b HB3476 - 11 - LRB103 27485 MXP 53857 b HB3476 - 11 - LRB103 27485 MXP 53857 b 1 fails to obtain a negative result on a drug test as 2 required in item 6 of subsection (a) of this Section or 3 under federal law. 4 (5) The Secretary of State shall forthwith suspend a 5 school bus driver permit for a period of 3 years upon 6 receiving notice that the holder has failed to obtain a 7 negative result on a drug test as required in item 6 of 8 subsection (a) of this Section or under federal law. 9 (6) The Secretary of State shall suspend a school bus 10 driver permit for a period of 3 years upon receiving 11 notice from the employer that the holder failed to perform 12 the inspection procedure set forth in subsection (a) or 13 (b) of Section 12-816 of this Code. 14 (7) The Secretary of State shall suspend a school bus 15 driver permit for a period of 3 years upon receiving 16 notice from the employer that the holder refused to submit 17 to an alcohol or drug test as required by Section 6-106.1c 18 or has submitted to a test required by that Section which 19 disclosed an alcohol concentration of more than 0.00 or 20 disclosed a positive result on a National Institute on 21 Drug Abuse five-drug panel, utilizing federal standards 22 set forth in 49 CFR 40.87. 23 The Secretary of State shall notify the State 24 Superintendent of Education and the permit holder's 25 prospective or current employer that the applicant has (1) has 26 failed a criminal background investigation or (2) is no longer HB3476 - 11 - LRB103 27485 MXP 53857 b HB3476- 12 -LRB103 27485 MXP 53857 b HB3476 - 12 - LRB103 27485 MXP 53857 b HB3476 - 12 - LRB103 27485 MXP 53857 b 1 eligible for a school bus driver permit; and of the related 2 cancellation of the applicant's provisional school bus driver 3 permit. The cancellation shall remain in effect pending the 4 outcome of a hearing pursuant to Section 2-118 of this Code. 5 The scope of the hearing shall be limited to the issuance 6 criteria contained in subsection (a) of this Section. A 7 petition requesting a hearing shall be submitted to the 8 Secretary of State and shall contain the reason the individual 9 feels he or she is entitled to a school bus driver permit. The 10 permit holder's employer shall notify in writing to the 11 Secretary of State that the employer has certified the removal 12 of the offending school bus driver from service prior to the 13 start of that school bus driver's next workshift. An employing 14 school board that fails to remove the offending school bus 15 driver from service is subject to the penalties defined in 16 Section 3-14.23 of the School Code. A school bus contractor 17 who violates a provision of this Section is subject to the 18 penalties defined in Section 6-106.11. 19 All valid school bus driver permits issued under this 20 Section prior to January 1, 1995, shall remain effective until 21 their expiration date unless otherwise invalidated. 22 (h) When a school bus driver permit holder who is a service 23 member is called to active duty, the employer of the permit 24 holder shall notify the Secretary of State, within 30 days of 25 notification from the permit holder, that the permit holder 26 has been called to active duty. Upon notification pursuant to HB3476 - 12 - LRB103 27485 MXP 53857 b HB3476- 13 -LRB103 27485 MXP 53857 b HB3476 - 13 - LRB103 27485 MXP 53857 b HB3476 - 13 - LRB103 27485 MXP 53857 b 1 this subsection, (i) the Secretary of State shall characterize 2 the permit as inactive until a permit holder renews the permit 3 as provided in subsection (i) of this Section, and (ii) if a 4 permit holder fails to comply with the requirements of this 5 Section while called to active duty, the Secretary of State 6 shall not characterize the permit as invalid. 7 (i) A school bus driver permit holder who is a service 8 member returning from active duty must, within 90 days, renew 9 a permit characterized as inactive pursuant to subsection (h) 10 of this Section by complying with the renewal requirements of 11 subsection (b) of this Section. 12 (j) For purposes of subsections (h) and (i) of this 13 Section: 14 "Active duty" means active duty pursuant to an executive 15 order of the President of the United States, an act of the 16 Congress of the United States, or an order of the Governor. 17 "Service member" means a member of the Armed Services or 18 reserve forces of the United States or a member of the Illinois 19 National Guard. 20 (k) A private carrier employer of a school bus driver 21 permit holder, having satisfied the employer requirements of 22 this Section, shall be held to a standard of ordinary care for 23 intentional acts committed in the course of employment by the 24 bus driver permit holder. This subsection (k) shall in no way 25 limit the liability of the private carrier employer for 26 violation of any provision of this Section or for the HB3476 - 13 - LRB103 27485 MXP 53857 b HB3476- 14 -LRB103 27485 MXP 53857 b HB3476 - 14 - LRB103 27485 MXP 53857 b HB3476 - 14 - LRB103 27485 MXP 53857 b 1 negligent hiring or retention of a school bus driver permit 2 holder. 3 (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 4 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. 5 1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.) 6 (Text of Section after amendment by P.A. 102-982) 7 Sec. 6-106.1. School bus driver permit. 8 (a) The Secretary of State shall issue a school bus driver 9 permit for the operation of first or second division vehicles 10 being operated as school buses or a permit valid only for the 11 operation of first division vehicles being operated as school 12 buses to those applicants who have met all the requirements of 13 the application and screening process under this Section to 14 insure the welfare and safety of children who are transported 15 on school buses throughout the State of Illinois. Applicants 16 shall obtain the proper application required by the Secretary 17 of State from their prospective or current employer and submit 18 the completed application to the prospective or current 19 employer along with the necessary fingerprint submission as 20 required by the Illinois State Police to conduct 21 fingerprint-based fingerprint based criminal background checks 22 on current and future information available in the State state 23 system and current information available through the Federal 24 Bureau of Investigation's system. Applicants who have 25 completed the fingerprinting requirements shall not be HB3476 - 14 - LRB103 27485 MXP 53857 b HB3476- 15 -LRB103 27485 MXP 53857 b HB3476 - 15 - LRB103 27485 MXP 53857 b HB3476 - 15 - LRB103 27485 MXP 53857 b 1 subjected to the fingerprinting process when applying for 2 subsequent permits or submitting proof of successful 3 completion of the annual refresher course. Individuals who on 4 July 1, 1995 (the effective date of Public Act 88-612) possess 5 a valid school bus driver permit that has been previously 6 issued by the appropriate Regional School Superintendent are 7 not subject to the fingerprinting provisions of this Section 8 as long as the permit remains valid and does not lapse. The 9 applicant shall be required to pay all related application and 10 fingerprinting fees as established by rule, including, but not 11 limited to, the amounts established by the Illinois State 12 Police and the Federal Bureau of Investigation to process 13 fingerprint-based fingerprint based criminal background 14 investigations. All fees paid for fingerprint processing 15 services under this Section shall be deposited into the State 16 Police Services Fund for the cost incurred in processing the 17 fingerprint-based fingerprint based criminal background 18 investigations. All other fees paid under this Section shall 19 be deposited into the Road Fund for the purpose of defraying 20 the costs of the Secretary of State in administering this 21 Section. Other than any applicant to operate a first division 22 vehicle, all All applicants must: 23 1. be 21 years of age or older; 24 2. possess a valid and properly classified driver's 25 license issued by the Secretary of State; 26 3. possess a valid driver's license, which has not HB3476 - 15 - LRB103 27485 MXP 53857 b HB3476- 16 -LRB103 27485 MXP 53857 b HB3476 - 16 - LRB103 27485 MXP 53857 b HB3476 - 16 - LRB103 27485 MXP 53857 b 1 been revoked, suspended, or canceled for 3 years 2 immediately prior to the date of application, or have not 3 had his or her commercial motor vehicle driving privileges 4 disqualified within the 3 years immediately prior to the 5 date of application; 6 4. successfully pass a school bus or second division 7 written test, administered by the Secretary of State, on 8 school bus operation, school bus safety, and special 9 traffic laws relating to school buses and submit to a 10 review of the applicant's driving habits by the Secretary 11 of State at the time the written test is given; 12 5. demonstrate ability to exercise reasonable care in 13 the operation of school buses in accordance with rules 14 promulgated by the Secretary of State; 15 6. demonstrate physical fitness to operate school 16 buses by submitting the results of a medical examination, 17 including tests for drug use for each applicant not 18 subject to such testing pursuant to federal law, conducted 19 by a licensed physician, a licensed advanced practice 20 registered nurse, or a licensed physician assistant within 21 90 days of the date of application according to standards 22 promulgated by the Secretary of State; 23 7. affirm under penalties of perjury that he or she 24 has not made a false statement or knowingly concealed a 25 material fact in any application for permit; 26 8. have completed an initial classroom course, HB3476 - 16 - LRB103 27485 MXP 53857 b HB3476- 17 -LRB103 27485 MXP 53857 b HB3476 - 17 - LRB103 27485 MXP 53857 b HB3476 - 17 - LRB103 27485 MXP 53857 b 1 including first aid procedures, in school bus driver 2 safety as promulgated by the Secretary of State; and, 3 after satisfactory completion of said initial course, an 4 annual refresher course; such courses and the agency or 5 organization conducting such courses shall be approved by 6 the Secretary of State; failure to complete the annual 7 refresher course, shall result in cancellation of the 8 permit until such course is completed; 9 9. not have been under an order of court supervision 10 for or convicted of 2 or more serious traffic offenses, as 11 defined by rule, within one year prior to the date of 12 application that may endanger the life or safety of any of 13 the driver's passengers within the duration of the permit 14 period; 15 10. not have been under an order of court supervision 16 for or convicted of reckless driving, aggravated reckless 17 driving, driving while under the influence of alcohol, 18 other drug or drugs, intoxicating compound or compounds or 19 any combination thereof, or reckless homicide resulting 20 from the operation of a motor vehicle within 3 years of the 21 date of application; 22 11. not have been convicted of committing or 23 attempting to commit any one or more of the following 24 offenses: (i) those offenses defined in Sections 8-1, 25 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 26 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, HB3476 - 17 - LRB103 27485 MXP 53857 b HB3476- 18 -LRB103 27485 MXP 53857 b HB3476 - 18 - LRB103 27485 MXP 53857 b HB3476 - 18 - LRB103 27485 MXP 53857 b 1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 2 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 3 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 4 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 5 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 6 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 7 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 8 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, 9 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 10 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 11 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 12 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 13 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 14 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 15 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), 16 of Section 24-3, and those offenses contained in Article 17 29D of the Criminal Code of 1961 or the Criminal Code of 18 2012; (ii) those offenses defined in the Cannabis Control 19 Act except those offenses defined in subsections (a) and 20 (b) of Section 4, and subsection (a) of Section 5 of the 21 Cannabis Control Act; (iii) those offenses defined in the 22 Illinois Controlled Substances Act; (iv) those offenses 23 defined in the Methamphetamine Control and Community 24 Protection Act; (v) any offense committed or attempted in 25 any other state or against the laws of the United States, 26 which if committed or attempted in this State would be HB3476 - 18 - LRB103 27485 MXP 53857 b HB3476- 19 -LRB103 27485 MXP 53857 b HB3476 - 19 - LRB103 27485 MXP 53857 b HB3476 - 19 - LRB103 27485 MXP 53857 b 1 punishable as one or more of the foregoing offenses; (vi) 2 the offenses defined in Section 4.1 and 5.1 of the Wrongs 3 to Children Act or Section 11-9.1A of the Criminal Code of 4 1961 or the Criminal Code of 2012; (vii) those offenses 5 defined in Section 6-16 of the Liquor Control Act of 1934; 6 and (viii) those offenses defined in the Methamphetamine 7 Precursor Control Act; 8 12. not have been repeatedly involved as a driver in 9 motor vehicle collisions or been repeatedly convicted of 10 offenses against laws and ordinances regulating the 11 movement of traffic, to a degree which indicates lack of 12 ability to exercise ordinary and reasonable care in the 13 safe operation of a motor vehicle or disrespect for the 14 traffic laws and the safety of other persons upon the 15 highway; 16 13. not have, through the unlawful operation of a 17 motor vehicle, caused a crash resulting in the death of 18 any person; 19 14. not have, within the last 5 years, been adjudged 20 to be afflicted with or suffering from any mental 21 disability or disease; 22 15. consent, in writing, to the release of results of 23 reasonable suspicion drug and alcohol testing under 24 Section 6-106.1c of this Code by the employer of the 25 applicant to the Secretary of State; and 26 16. not have been convicted of committing or HB3476 - 19 - LRB103 27485 MXP 53857 b HB3476- 20 -LRB103 27485 MXP 53857 b HB3476 - 20 - LRB103 27485 MXP 53857 b HB3476 - 20 - LRB103 27485 MXP 53857 b 1 attempting to commit within the last 20 years: (i) an 2 offense defined in subsection (c) of Section 4, subsection 3 (b) of Section 5, and subsection (a) of Section 8 of the 4 Cannabis Control Act; or (ii) any offenses in any other 5 state or against the laws of the United States that, if 6 committed or attempted in this State, would be punishable 7 as one or more of the foregoing offenses. 8 (a-5) If an applicant's driver's license has been 9 suspended within the 3 years immediately prior to the date of 10 application for the sole reason of failure to pay child 11 support, that suspension shall not bar the applicant from 12 receiving a school bus driver permit. 13 (a-7) The Secretary of State, in conjunction with the 14 Illinois State Board of Education, shall develop a separate 15 classroom course and refresher course for operation of 16 vehicles of the first division being operated as school buses. 17 Regional superintendents of schools, working with the Illinois 18 State Board of Education, shall offer the course. 19 (a-10) All applicants to operate a first division vehicle 20 must: 21 (1) meet the requirements of paragraphs 1, 2, 3, 7, 22 and 9 through 16 of subsection (a); and 23 (2) complete the course developed and offered under 24 subsection (a-5), or complete a training course 25 administered by the service provider in which the 26 applicant will be employed by, or under contract with, HB3476 - 20 - LRB103 27485 MXP 53857 b HB3476- 21 -LRB103 27485 MXP 53857 b HB3476 - 21 - LRB103 27485 MXP 53857 b HB3476 - 21 - LRB103 27485 MXP 53857 b 1 that covers safe driving practices with a first division 2 vehicle, special considerations for transporting students 3 with disabilities, emergency preparedness, and safe 4 pick-up and drop-off procedures. 5 (b) A school bus driver permit shall be valid for a period 6 specified by the Secretary of State as set forth by rule. It 7 shall be renewable upon compliance with subsection (a) of this 8 Section. 9 (c) A school bus driver permit shall contain the holder's 10 driver's license number, legal name, residence address, zip 11 code, and date of birth, a brief description of the holder, and 12 a space for signature. The Secretary of State may require a 13 suitable photograph of the holder. 14 (d) The employer shall be responsible for conducting a 15 pre-employment interview with prospective school bus driver 16 candidates, distributing school bus driver applications and 17 medical forms to be completed by the applicant, and submitting 18 the applicant's fingerprint cards to the Illinois State Police 19 that are required for the criminal background investigations. 20 The employer shall certify in writing to the Secretary of 21 State that all pre-employment conditions have been 22 successfully completed including the successful completion of 23 an Illinois specific criminal background investigation through 24 the Illinois State Police and the submission of necessary 25 fingerprints to the Federal Bureau of Investigation for 26 criminal history information available through the Federal HB3476 - 21 - LRB103 27485 MXP 53857 b HB3476- 22 -LRB103 27485 MXP 53857 b HB3476 - 22 - LRB103 27485 MXP 53857 b HB3476 - 22 - LRB103 27485 MXP 53857 b 1 Bureau of Investigation system. The applicant shall present 2 the certification to the Secretary of State at the time of 3 submitting the school bus driver permit application. 4 (e) Permits shall initially be provisional upon receiving 5 certification from the employer that all pre-employment 6 conditions have been successfully completed, and upon 7 successful completion of all training and examination 8 requirements for the classification of the vehicle to be 9 operated, the Secretary of State shall provisionally issue a 10 School Bus Driver Permit. The permit shall remain in a 11 provisional status pending the completion of the Federal 12 Bureau of Investigation's criminal background investigation 13 based upon fingerprinting specimens submitted to the Federal 14 Bureau of Investigation by the Illinois State Police. The 15 Federal Bureau of Investigation shall report the findings 16 directly to the Secretary of State. The Secretary of State 17 shall remove the bus driver permit from provisional status 18 upon the applicant's successful completion of the Federal 19 Bureau of Investigation's criminal background investigation. 20 (f) A school bus driver permit holder shall notify the 21 employer and the Secretary of State if he or she is issued an 22 order of court supervision for or convicted in another state 23 of an offense that would make him or her ineligible for a 24 permit under subsection (a) of this Section. The written 25 notification shall be made within 5 days of the entry of the 26 order of court supervision or conviction. Failure of the HB3476 - 22 - LRB103 27485 MXP 53857 b HB3476- 23 -LRB103 27485 MXP 53857 b HB3476 - 23 - LRB103 27485 MXP 53857 b HB3476 - 23 - LRB103 27485 MXP 53857 b 1 permit holder to provide the notification is punishable as a 2 petty offense for a first violation and a Class B misdemeanor 3 for a second or subsequent violation. 4 (g) Cancellation; suspension; notice and procedure. 5 (1) The Secretary of State shall cancel a school bus 6 driver permit of an applicant whose criminal background 7 investigation discloses that he or she is not in 8 compliance with the provisions of subsection (a) of this 9 Section. 10 (2) The Secretary of State shall cancel a school bus 11 driver permit when he or she receives notice that the 12 permit holder fails to comply with any provision of this 13 Section or any rule promulgated for the administration of 14 this Section. 15 (3) The Secretary of State shall cancel a school bus 16 driver permit if the permit holder's restricted commercial 17 or commercial driving privileges are withdrawn or 18 otherwise invalidated. 19 (4) The Secretary of State may not issue a school bus 20 driver permit for a period of 3 years to an applicant who 21 fails to obtain a negative result on a drug test as 22 required in item 6 of subsection (a) of this Section or 23 under federal law. 24 (5) The Secretary of State shall forthwith suspend a 25 school bus driver permit for a period of 3 years upon 26 receiving notice that the holder has failed to obtain a HB3476 - 23 - LRB103 27485 MXP 53857 b HB3476- 24 -LRB103 27485 MXP 53857 b HB3476 - 24 - LRB103 27485 MXP 53857 b HB3476 - 24 - LRB103 27485 MXP 53857 b 1 negative result on a drug test as required in item 6 of 2 subsection (a) of this Section or under federal law. 3 (6) The Secretary of State shall suspend a school bus 4 driver permit for a period of 3 years upon receiving 5 notice from the employer that the holder failed to perform 6 the inspection procedure set forth in subsection (a) or 7 (b) of Section 12-816 of this Code. 8 (7) The Secretary of State shall suspend a school bus 9 driver permit for a period of 3 years upon receiving 10 notice from the employer that the holder refused to submit 11 to an alcohol or drug test as required by Section 6-106.1c 12 or has submitted to a test required by that Section which 13 disclosed an alcohol concentration of more than 0.00 or 14 disclosed a positive result on a National Institute on 15 Drug Abuse five-drug panel, utilizing federal standards 16 set forth in 49 CFR 40.87. 17 The Secretary of State shall notify the State 18 Superintendent of Education and the permit holder's 19 prospective or current employer that the applicant has (1) has 20 failed a criminal background investigation or (2) is no longer 21 eligible for a school bus driver permit; and of the related 22 cancellation of the applicant's provisional school bus driver 23 permit. The cancellation shall remain in effect pending the 24 outcome of a hearing pursuant to Section 2-118 of this Code. 25 The scope of the hearing shall be limited to the issuance 26 criteria contained in subsection (a) of this Section. A HB3476 - 24 - LRB103 27485 MXP 53857 b HB3476- 25 -LRB103 27485 MXP 53857 b HB3476 - 25 - LRB103 27485 MXP 53857 b HB3476 - 25 - LRB103 27485 MXP 53857 b 1 petition requesting a hearing shall be submitted to the 2 Secretary of State and shall contain the reason the individual 3 feels he or she is entitled to a school bus driver permit. The 4 permit holder's employer shall notify in writing to the 5 Secretary of State that the employer has certified the removal 6 of the offending school bus driver from service prior to the 7 start of that school bus driver's next work shift workshift. 8 An employing school board that fails to remove the offending 9 school bus driver from service is subject to the penalties 10 defined in Section 3-14.23 of the School Code. A school bus 11 contractor who violates a provision of this Section is subject 12 to the penalties defined in Section 6-106.11. 13 All valid school bus driver permits issued under this 14 Section prior to January 1, 1995, shall remain effective until 15 their expiration date unless otherwise invalidated. 16 (h) When a school bus driver permit holder who is a service 17 member is called to active duty, the employer of the permit 18 holder shall notify the Secretary of State, within 30 days of 19 notification from the permit holder, that the permit holder 20 has been called to active duty. Upon notification pursuant to 21 this subsection, (i) the Secretary of State shall characterize 22 the permit as inactive until a permit holder renews the permit 23 as provided in subsection (i) of this Section, and (ii) if a 24 permit holder fails to comply with the requirements of this 25 Section while called to active duty, the Secretary of State 26 shall not characterize the permit as invalid. HB3476 - 25 - LRB103 27485 MXP 53857 b HB3476- 26 -LRB103 27485 MXP 53857 b HB3476 - 26 - LRB103 27485 MXP 53857 b HB3476 - 26 - LRB103 27485 MXP 53857 b 1 (i) A school bus driver permit holder who is a service 2 member returning from active duty must, within 90 days, renew 3 a permit characterized as inactive pursuant to subsection (h) 4 of this Section by complying with the renewal requirements of 5 subsection (b) of this Section. 6 (j) For purposes of subsections (h) and (i) of this 7 Section: 8 "Active duty" means active duty pursuant to an executive 9 order of the President of the United States, an act of the 10 Congress of the United States, or an order of the Governor. 11 "Service member" means a member of the Armed Services or 12 reserve forces of the United States or a member of the Illinois 13 National Guard. 14 (k) A private carrier employer of a school bus driver 15 permit holder, having satisfied the employer requirements of 16 this Section, shall be held to a standard of ordinary care for 17 intentional acts committed in the course of employment by the 18 bus driver permit holder. This subsection (k) shall in no way 19 limit the liability of the private carrier employer for 20 violation of any provision of this Section or for the 21 negligent hiring or retention of a school bus driver permit 22 holder. 23 (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 24 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. 25 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised 26 12-14-22.) HB3476 - 26 - LRB103 27485 MXP 53857 b HB3476- 27 -LRB103 27485 MXP 53857 b HB3476 - 27 - LRB103 27485 MXP 53857 b HB3476 - 27 - LRB103 27485 MXP 53857 b 1 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109) 2 (Text of Section before amendment by P.A. 102-982) 3 Sec. 13-109. Safety test prior to application for license - 4 Subsequent tests - Repairs - Retest. 5 (a) Except as otherwise provided in Chapter 13, each 6 second division vehicle, first division vehicle including a 7 taxi which is used for a purpose that requires a school bus 8 driver permit, and medical transport vehicle, except those 9 vehicles other than school buses or medical transport vehicles 10 owned or operated by a municipal corporation or political 11 subdivision having a population of 1,000,000 or more 12 inhabitants which are subjected to safety tests imposed by 13 local ordinance or resolution, operated in whole or in part 14 over the highways of this State, motor vehicle used for driver 15 education training, and each vehicle designed to carry 15 or 16 fewer passengers operated by a contract carrier transporting 17 employees in the course of their employment on a highway of 18 this State, shall be subjected to the safety test provided for 19 in Chapter 13 of this Code. Tests shall be conducted at an 20 official testing station within 6 months prior to the 21 application for registration as provided for in this Code. 22 Subsequently each vehicle shall be subject to tests (i) at 23 least every 6 months, (ii) in the case of school buses and 24 first division vehicles including taxis which are used for a 25 purpose that requires a school bus driver permit, at least HB3476 - 27 - LRB103 27485 MXP 53857 b HB3476- 28 -LRB103 27485 MXP 53857 b HB3476 - 28 - LRB103 27485 MXP 53857 b HB3476 - 28 - LRB103 27485 MXP 53857 b 1 every 6 months or 10,000 miles, whichever occurs first, (iii) 2 in the case of driver education vehicles used by public high 3 schools, at least every 12 months for vehicles over 5 model 4 years of age or having an odometer reading of over 75,000 5 miles, whichever occurs first, or (iv) in the case of truck 6 tractors, semitrailers, and property-carrying vehicles 7 registered for a gross weight of more than 10,000 pounds but 8 less than 26,001 pounds, at least every 12 months, and 9 according to schedules established by rules and regulations 10 promulgated by the Department. Any component subject to 11 regular inspection which is damaged in a reportable accident 12 must be reinspected before the bus or first division vehicle 13 including a taxi which is used for a purpose that requires a 14 school bus driver permit is returned to service. 15 (b) The Department shall also conduct periodic 16 nonscheduled inspections of school buses, of buses registered 17 as charitable vehicles and of religious organization buses. If 18 such inspection reveals that a vehicle is not in substantial 19 compliance with the rules promulgated by the Department, the 20 Department shall remove the Certificate of Safety from the 21 vehicle, and shall place the vehicle out-of-service. A bright 22 orange, triangular decal shall be placed on an out-of-service 23 vehicle where the Certificate of Safety has been removed. The 24 vehicle must pass a safety test at an official testing station 25 before it is again placed in service. 26 (c) If the violation is not substantial a bright yellow, HB3476 - 28 - LRB103 27485 MXP 53857 b HB3476- 29 -LRB103 27485 MXP 53857 b HB3476 - 29 - LRB103 27485 MXP 53857 b HB3476 - 29 - LRB103 27485 MXP 53857 b 1 triangular sticker shall be placed next to the Certificate of 2 Safety at the time the nonscheduled inspection is made. The 3 Department shall reinspect the vehicle after 3 working days to 4 determine that the violation has been corrected and remove the 5 yellow, triangular decal. If the violation is not corrected 6 within 3 working days, the Department shall place the vehicle 7 out-of-service in accordance with procedures in subsection 8 (b). 9 (d) If a violation is not substantial and does not 10 directly affect the safe operation of the vehicle, the 11 Department shall issue a warning notice requiring correction 12 of the violation. Such correction shall be accomplished as 13 soon as practicable and a report of the correction shall be 14 made to the Department within 30 days in a manner established 15 by the Department. If the Department has not been advised that 16 the corrections have been made, and the violations still 17 exist, the Department shall place the vehicle out-of-service 18 in accordance with procedures in subsection (b). 19 (e) The Department is authorized to promulgate regulations 20 to implement its program of nonscheduled inspections. Causing 21 or allowing the operation of an out-of-service vehicle with 22 passengers or unauthorized removal of an out-of-service 23 sticker is a Class 3 felony. Causing or allowing the operation 24 of a vehicle with a 3-day sticker for longer than 3 days with 25 the sticker attached or the unauthorized removal of a 3-day 26 sticker is a Class C misdemeanor. HB3476 - 29 - LRB103 27485 MXP 53857 b HB3476- 30 -LRB103 27485 MXP 53857 b HB3476 - 30 - LRB103 27485 MXP 53857 b HB3476 - 30 - LRB103 27485 MXP 53857 b 1 (f) If a second division vehicle, first division vehicle 2 including a taxi which is used for a purpose that requires a 3 school bus driver permit, medical transport vehicle, or 4 vehicle operated by a contract carrier as provided in 5 subsection (a) of this Section is in safe mechanical 6 condition, as determined pursuant to Chapter 13, the operator 7 of the official testing station must at once issue to the 8 second division vehicle, first division vehicle including a 9 taxi which is used for a purpose that requires a school bus 10 driver permit, or medical transport vehicle a certificate of 11 safety, in the form and manner prescribed by the Department, 12 which shall be affixed to the vehicle by the certified safety 13 tester who performed the safety tests. The owner of the second 14 division vehicle, first division vehicle including a taxi 15 which is used for a purpose that requires a school bus driver 16 permit, or medical transport vehicle or the contract carrier 17 shall at all times display the Certificate of Safety on the 18 second division vehicle, first division vehicle including a 19 taxi which is used for a purpose that requires a school bus 20 driver permit, medical transport vehicle, or vehicle operated 21 by a contract carrier in the manner prescribed by the 22 Department. 23 (g) If a test shows that a second division vehicle, first 24 division vehicle including a taxi which is used for a purpose 25 that requires a school bus driver permit, medical transport 26 vehicle, or vehicle operated by a contract carrier is not in HB3476 - 30 - LRB103 27485 MXP 53857 b HB3476- 31 -LRB103 27485 MXP 53857 b HB3476 - 31 - LRB103 27485 MXP 53857 b HB3476 - 31 - LRB103 27485 MXP 53857 b 1 safe mechanical condition as provided in this Section, it 2 shall not be operated on the highways until it has been 3 repaired and submitted to a retest at an official testing 4 station. If the owner or contract carrier submits the vehicle 5 to a retest at a different official testing station from that 6 where it failed to pass the first test, he or she shall present 7 to the operator of the second station the report of the 8 original test, and shall notify the Department in writing, 9 giving the name and address of the original testing station 10 and the defects which prevented the issuance of a Certificate 11 of Safety, and the name and address of the second official 12 testing station making the retest. 13 (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.) 14 (Text of Section after amendment by P.A. 102-982) 15 Sec. 13-109. Safety test prior to application for license; 16 subsequent tests; repairs; retest license - Subsequent tests - 17 Repairs - Retest. 18 (a) Except as otherwise provided in Chapter 13, each 19 second division vehicle, first division vehicle including a 20 taxi which is used for a purpose that requires a school bus 21 driver permit, and medical transport vehicle, except those 22 vehicles other than school buses or medical transport vehicles 23 owned or operated by a municipal corporation or political 24 subdivision having a population of 1,000,000 or more 25 inhabitants which are subjected to safety tests imposed by HB3476 - 31 - LRB103 27485 MXP 53857 b HB3476- 32 -LRB103 27485 MXP 53857 b HB3476 - 32 - LRB103 27485 MXP 53857 b HB3476 - 32 - LRB103 27485 MXP 53857 b 1 local ordinance or resolution, operated in whole or in part 2 over the highways of this State, motor vehicle used for driver 3 education training, and each vehicle designed to carry 15 or 4 fewer passengers operated by a contract carrier transporting 5 employees in the course of their employment on a highway of 6 this State, shall be subjected to the safety test provided for 7 in Chapter 13 of this Code. Tests shall be conducted at an 8 official testing station within 6 months prior to the 9 application for registration as provided for in this Code. 10 Subsequently each vehicle shall be subject to tests (i) at 11 least every 6 months, (i.5) in the case of first division 12 vehicles, including taxis that are used for a purpose that 13 requires a school bus driver permit, at least every 12 months, 14 (ii) in the case of school buses and first division vehicles 15 including taxis which are used for a purpose that requires a 16 school bus driver permit, at least every 6 months or 10,000 17 miles, whichever occurs first, (iii) in the case of driver 18 education vehicles used by public high schools, at least every 19 12 months for vehicles over 5 model years of age or having an 20 odometer reading of over 75,000 miles, whichever occurs first, 21 or (iv) in the case of truck tractors, semitrailers, and 22 property-carrying vehicles registered for a gross weight of 23 more than 10,000 pounds but less than 26,001 pounds, at least 24 every 12 months, and according to schedules established by 25 rules and regulations promulgated by the Department. Any 26 component subject to regular inspection which is damaged in a HB3476 - 32 - LRB103 27485 MXP 53857 b HB3476- 33 -LRB103 27485 MXP 53857 b HB3476 - 33 - LRB103 27485 MXP 53857 b HB3476 - 33 - LRB103 27485 MXP 53857 b 1 reportable crash must be reinspected before the bus or first 2 division vehicle including a taxi which is used for a purpose 3 that requires a school bus driver permit is returned to 4 service. 5 (b) The Department shall also conduct periodic 6 nonscheduled inspections of school buses, of buses registered 7 as charitable vehicles and of religious organization buses. If 8 such inspection reveals that a vehicle is not in substantial 9 compliance with the rules promulgated by the Department, the 10 Department shall remove the Certificate of Safety from the 11 vehicle, and shall place the vehicle out-of-service. A bright 12 orange, triangular decal shall be placed on an out-of-service 13 vehicle where the Certificate of Safety has been removed. The 14 vehicle must pass a safety test at an official testing station 15 before it is again placed in service. 16 (c) If the violation is not substantial a bright yellow, 17 triangular sticker shall be placed next to the Certificate of 18 Safety at the time the nonscheduled inspection is made. The 19 Department shall reinspect the vehicle after 3 working days to 20 determine that the violation has been corrected and remove the 21 yellow, triangular decal. If the violation is not corrected 22 within 3 working days, the Department shall place the vehicle 23 out-of-service in accordance with procedures in subsection 24 (b). 25 (d) If a violation is not substantial and does not 26 directly affect the safe operation of the vehicle, the HB3476 - 33 - LRB103 27485 MXP 53857 b HB3476- 34 -LRB103 27485 MXP 53857 b HB3476 - 34 - LRB103 27485 MXP 53857 b HB3476 - 34 - LRB103 27485 MXP 53857 b 1 Department shall issue a warning notice requiring correction 2 of the violation. Such correction shall be accomplished as 3 soon as practicable and a report of the correction shall be 4 made to the Department within 30 days in a manner established 5 by the Department. If the Department has not been advised that 6 the corrections have been made, and the violations still 7 exist, the Department shall place the vehicle out-of-service 8 in accordance with procedures in subsection (b). 9 (e) The Department is authorized to promulgate regulations 10 to implement its program of nonscheduled inspections. Causing 11 or allowing the operation of an out-of-service vehicle with 12 passengers or unauthorized removal of an out-of-service 13 sticker is a Class 3 felony. Causing or allowing the operation 14 of a vehicle with a 3-day sticker for longer than 3 days with 15 the sticker attached or the unauthorized removal of a 3-day 16 sticker is a Class C misdemeanor. 17 (f) If a second division vehicle, first division vehicle 18 including a taxi which is used for a purpose that requires a 19 school bus driver permit, medical transport vehicle, or 20 vehicle operated by a contract carrier as provided in 21 subsection (a) of this Section is in safe mechanical 22 condition, as determined pursuant to Chapter 13, the operator 23 of the official testing station must at once issue to the 24 second division vehicle, first division vehicle including a 25 taxi which is used for a purpose that requires a school bus 26 driver permit, or medical transport vehicle a certificate of HB3476 - 34 - LRB103 27485 MXP 53857 b HB3476- 35 -LRB103 27485 MXP 53857 b HB3476 - 35 - LRB103 27485 MXP 53857 b HB3476 - 35 - LRB103 27485 MXP 53857 b 1 safety, in the form and manner prescribed by the Department, 2 which shall be affixed to the vehicle by the certified safety 3 tester who performed the safety tests. The owner of the second 4 division vehicle, first division vehicle including a taxi 5 which is used for a purpose that requires a school bus driver 6 permit, or medical transport vehicle or the contract carrier 7 shall at all times display the Certificate of Safety on the 8 second division vehicle, first division vehicle including a 9 taxi which is used for a purpose that requires a school bus 10 driver permit, medical transport vehicle, or vehicle operated 11 by a contract carrier in the manner prescribed by the 12 Department. 13 (g) If a test shows that a second division vehicle, first 14 division vehicle including a taxi which is used for a purpose 15 that requires a school bus driver permit, medical transport 16 vehicle, or vehicle operated by a contract carrier is not in 17 safe mechanical condition as provided in this Section, it 18 shall not be operated on the highways until it has been 19 repaired and submitted to a retest at an official testing 20 station. If the owner or contract carrier submits the vehicle 21 to a retest at a different official testing station from that 22 where it failed to pass the first test, he or she shall present 23 to the operator of the second station the report of the 24 original test, and shall notify the Department in writing, 25 giving the name and address of the original testing station 26 and the defects which prevented the issuance of a Certificate HB3476 - 35 - LRB103 27485 MXP 53857 b HB3476- 36 -LRB103 27485 MXP 53857 b HB3476 - 36 - LRB103 27485 MXP 53857 b HB3476 - 36 - LRB103 27485 MXP 53857 b 1 of Safety, and the name and address of the second official 2 testing station making the retest. 3 (Source: P.A. 102-982, eff. 7-1-23.) 4 Section 95. No acceleration or delay. Where this Act makes 5 changes in a statute that is represented in this Act by text 6 that is not yet or no longer in effect (for example, a Section 7 represented by multiple versions), the use of that text does 8 not accelerate or delay the taking effect of (i) the changes 9 made by this Act or (ii) provisions derived from any other 10 Public Act. 11 Section 99. Effective date. This Act takes effect July 1, 12 2023. HB3476 - 36 - LRB103 27485 MXP 53857 b