104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2825 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-106.1625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 Amends the Illinois Vehicle Code. Provides that the Secretary of State, in conjunction with the State Board of Education, shall develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Requires all applicants to operate a first division vehicle to: (1) meet specified requirements; and (2) complete the classroom course or refresher course or complete a training course administered by the service provider in which the applicant will be employed by that covers safe driving practices with a first division vehicle, special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures. Provides that an applicant to operate a first division vehicle is exempt from the requirement of demonstrating physical fitness to operate a school bus by submitting the results of a medical examination if the applicant will be providing transportation services with a provider that uses a telematics system that sends, receives, and stores telemetry data. Provides that a vehicle subject to a safety test prior to an application for a license shall be subject to tests, in the case of first division vehicles, at least every 12 months, or 10,000 miles, whichever occurs first. Makes other changes. Effective July 1, 2025. LRB104 07819 LNS 17865 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2825 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-106.1625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 Amends the Illinois Vehicle Code. Provides that the Secretary of State, in conjunction with the State Board of Education, shall develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Requires all applicants to operate a first division vehicle to: (1) meet specified requirements; and (2) complete the classroom course or refresher course or complete a training course administered by the service provider in which the applicant will be employed by that covers safe driving practices with a first division vehicle, special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures. Provides that an applicant to operate a first division vehicle is exempt from the requirement of demonstrating physical fitness to operate a school bus by submitting the results of a medical examination if the applicant will be providing transportation services with a provider that uses a telematics system that sends, receives, and stores telemetry data. Provides that a vehicle subject to a safety test prior to an application for a license shall be subject to tests, in the case of first division vehicles, at least every 12 months, or 10,000 miles, whichever occurs first. Makes other changes. Effective July 1, 2025. LRB104 07819 LNS 17865 b LRB104 07819 LNS 17865 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2825 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-106.1625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
625 ILCS 5/6-106.1
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
Amends the Illinois Vehicle Code. Provides that the Secretary of State, in conjunction with the State Board of Education, shall develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Requires all applicants to operate a first division vehicle to: (1) meet specified requirements; and (2) complete the classroom course or refresher course or complete a training course administered by the service provider in which the applicant will be employed by that covers safe driving practices with a first division vehicle, special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures. Provides that an applicant to operate a first division vehicle is exempt from the requirement of demonstrating physical fitness to operate a school bus by submitting the results of a medical examination if the applicant will be providing transportation services with a provider that uses a telematics system that sends, receives, and stores telemetry data. Provides that a vehicle subject to a safety test prior to an application for a license shall be subject to tests, in the case of first division vehicles, at least every 12 months, or 10,000 miles, whichever occurs first. Makes other changes. Effective July 1, 2025.
LRB104 07819 LNS 17865 b LRB104 07819 LNS 17865 b
LRB104 07819 LNS 17865 b
A BILL FOR
HB2825LRB104 07819 LNS 17865 b HB2825 LRB104 07819 LNS 17865 b
HB2825 LRB104 07819 LNS 17865 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 6-106.1 and 13-109 as follows:
6 (625 ILCS 5/6-106.1)
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 criminal background checks on current and
22 future information available in the State system and current
23 information available through the Federal Bureau of
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2825 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-106.1625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/6-106.1 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
625 ILCS 5/6-106.1
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
Amends the Illinois Vehicle Code. Provides that the Secretary of State, in conjunction with the State Board of Education, shall develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Requires all applicants to operate a first division vehicle to: (1) meet specified requirements; and (2) complete the classroom course or refresher course or complete a training course administered by the service provider in which the applicant will be employed by that covers safe driving practices with a first division vehicle, special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures. Provides that an applicant to operate a first division vehicle is exempt from the requirement of demonstrating physical fitness to operate a school bus by submitting the results of a medical examination if the applicant will be providing transportation services with a provider that uses a telematics system that sends, receives, and stores telemetry data. Provides that a vehicle subject to a safety test prior to an application for a license shall be subject to tests, in the case of first division vehicles, at least every 12 months, or 10,000 miles, whichever occurs first. Makes other changes. Effective July 1, 2025.
LRB104 07819 LNS 17865 b LRB104 07819 LNS 17865 b
LRB104 07819 LNS 17865 b
A BILL FOR
625 ILCS 5/6-106.1
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
LRB104 07819 LNS 17865 b
HB2825 LRB104 07819 LNS 17865 b
HB2825- 2 -LRB104 07819 LNS 17865 b HB2825 - 2 - LRB104 07819 LNS 17865 b
HB2825 - 2 - LRB104 07819 LNS 17865 b
1 Investigation's system. Applicants who have completed the
2 fingerprinting requirements shall not be subjected to the
3 fingerprinting process when applying for subsequent permits or
4 submitting proof of successful completion of the annual
5 refresher course. Individuals who on July 1, 1995 (the
6 effective date of Public Act 88-612) possess a valid school
7 bus driver permit that has been previously issued by the
8 appropriate Regional School Superintendent are not subject to
9 the fingerprinting provisions of this Section as long as the
10 permit remains valid and does not lapse. The applicant shall
11 be required to pay all related application and fingerprinting
12 fees as established by rule, including, but not limited to,
13 the amounts established by the Illinois State Police and the
14 Federal Bureau of Investigation to process fingerprint-based
15 criminal background investigations. All fees paid for
16 fingerprint processing services under this Section shall be
17 deposited into the State Police Services Fund for the cost
18 incurred in processing the fingerprint-based criminal
19 background investigations. All other fees paid under this
20 Section shall be deposited into the Road Fund for the purpose
21 of defraying the costs of the Secretary of State in
22 administering this Section. Other than any applicant to
23 operate a first division vehicle, all All applicants must:
24 1. be 21 years of age or older;
25 2. possess a valid and properly classified driver's
26 license issued by the Secretary of State;
HB2825 - 2 - LRB104 07819 LNS 17865 b
HB2825- 3 -LRB104 07819 LNS 17865 b HB2825 - 3 - LRB104 07819 LNS 17865 b
HB2825 - 3 - LRB104 07819 LNS 17865 b
1 3. possess a valid driver's license, which has not
2 been revoked, suspended, or canceled for 3 years
3 immediately prior to the date of application, or have not
4 had his or her commercial motor vehicle driving privileges
5 disqualified within the 3 years immediately prior to the
6 date of application;
7 4. successfully pass a first division, or second
8 division, or school bus written test, administered by the
9 Secretary of State, on school bus operation, school bus
10 safety, and special traffic laws relating to school buses
11 and submit to a review of the applicant's driving habits
12 by the Secretary of State at the time the written test is
13 given;
14 5. demonstrate ability to exercise reasonable care in
15 the operation of school buses in accordance with rules
16 promulgated by the Secretary of State;
17 6. demonstrate physical fitness to operate school
18 buses by submitting the results of a medical examination,
19 including tests for drug use for each applicant not
20 subject to such testing pursuant to federal law, conducted
21 by a licensed physician, a licensed advanced practice
22 registered nurse, or a licensed physician assistant within
23 90 days of the date of application according to standards
24 promulgated by the Secretary of State;
25 7. affirm under penalties of perjury that he or she
26 has not made a false statement or knowingly concealed a
HB2825 - 3 - LRB104 07819 LNS 17865 b
HB2825- 4 -LRB104 07819 LNS 17865 b HB2825 - 4 - LRB104 07819 LNS 17865 b
HB2825 - 4 - LRB104 07819 LNS 17865 b
1 material fact in any application for permit;
2 8. have completed an initial classroom course,
3 including first aid procedures, in school bus driver
4 safety as promulgated by the Secretary of State and, after
5 satisfactory completion of said initial course, an annual
6 refresher course; such courses and the agency or
7 organization conducting such courses shall be approved by
8 the Secretary of State; failure to complete the annual
9 refresher course shall result in cancellation of the
10 permit until such course is completed;
11 9. not have been under an order of court supervision
12 for or convicted of 2 or more serious traffic offenses, as
13 defined by rule, within one year prior to the date of
14 application that may endanger the life or safety of any of
15 the driver's passengers within the duration of the permit
16 period;
17 10. not have been under an order of court supervision
18 for or convicted of reckless driving, aggravated reckless
19 driving, driving while under the influence of alcohol,
20 other drug or drugs, intoxicating compound or compounds or
21 any combination thereof, or reckless homicide resulting
22 from the operation of a motor vehicle within 3 years of the
23 date of application;
24 11. not have been convicted of committing or
25 attempting to commit any one or more of the following
26 offenses: (i) those offenses defined in Sections 8-1,
HB2825 - 4 - LRB104 07819 LNS 17865 b
HB2825- 5 -LRB104 07819 LNS 17865 b HB2825 - 5 - LRB104 07819 LNS 17865 b
HB2825 - 5 - LRB104 07819 LNS 17865 b
1 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22,
8 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05,
9 12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
10 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6,
11 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33,
13 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
14 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
15 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
16 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
17 33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
18 of Section 24-3, and those offenses contained in Article
19 29D of the Criminal Code of 1961 or the Criminal Code of
20 2012; (ii) those offenses defined in the Cannabis Control
21 Act except those offenses defined in subsections (a) and
22 (b) of Section 4, and subsection (a) of Section 5 of the
23 Cannabis Control Act; (iii) those offenses defined in the
24 Illinois Controlled Substances Act; (iv) those offenses
25 defined in the Methamphetamine Control and Community
26 Protection Act; (v) any offense committed or attempted in
HB2825 - 5 - LRB104 07819 LNS 17865 b
HB2825- 6 -LRB104 07819 LNS 17865 b HB2825 - 6 - LRB104 07819 LNS 17865 b
HB2825 - 6 - LRB104 07819 LNS 17865 b
1 any other state or against the laws of the United States,
2 which if committed or attempted in this State would be
3 punishable as one or more of the foregoing offenses; (vi)
4 the offenses defined in Section 4.1 and 5.1 of the Wrongs
5 to Children Act or Section 11-9.1A of the Criminal Code of
6 1961 or the Criminal Code of 2012; (vii) those offenses
7 defined in Section 6-16 of the Liquor Control Act of 1934;
8 and (viii) those offenses defined in the Methamphetamine
9 Precursor Control Act;
10 12. not have been repeatedly involved as a driver in
11 motor vehicle collisions or been repeatedly convicted of
12 offenses against laws and ordinances regulating the
13 movement of traffic, to a degree which indicates lack of
14 ability to exercise ordinary and reasonable care in the
15 safe operation of a motor vehicle or disrespect for the
16 traffic laws and the safety of other persons upon the
17 highway;
18 13. not have, through the unlawful operation of a
19 motor vehicle, caused a crash resulting in the death of
20 any person;
21 14. not have, within the last 5 years, been adjudged
22 to be afflicted with or suffering from any mental
23 disability or disease;
24 15. consent, in writing, to the release of results of
25 reasonable suspicion drug and alcohol testing under
26 Section 6-106.1c of this Code by the employer of the
HB2825 - 6 - LRB104 07819 LNS 17865 b
HB2825- 7 -LRB104 07819 LNS 17865 b HB2825 - 7 - LRB104 07819 LNS 17865 b
HB2825 - 7 - LRB104 07819 LNS 17865 b
1 applicant to the Secretary of State; and
2 16. not have been convicted of committing or
3 attempting to commit within the last 20 years: (i) an
4 offense defined in subsection (c) of Section 4, subsection
5 (b) of Section 5, and subsection (a) of Section 8 of the
6 Cannabis Control Act; or (ii) any offenses in any other
7 state or against the laws of the United States that, if
8 committed or attempted in this State, would be punishable
9 as one or more of the foregoing offenses.
10 (a-5) If an applicant's driver's license has been
11 suspended within the 3 years immediately prior to the date of
12 application for the sole reason of failure to pay child
13 support, that suspension shall not bar the applicant from
14 receiving a school bus driver permit.
15 (a-7) The Secretary of State, in conjunction with the
16 Illinois State Board of Education, shall develop a separate
17 classroom course and refresher course for operation of
18 vehicles of the first division being operated as school buses.
19 The course shall have an examination component that applicants
20 must pass. Regional superintendents of schools, working with
21 the Illinois State Board of Education, shall offer the course.
22 (a-8) All applicants to operate a first division vehicle
23 must:
24 (1) meet the requirements of paragraphs 1, 2, 3, 6, 7,
25 and 9 through 16 of subsection (a); and
26 (2) complete the course developed and offered under
HB2825 - 7 - LRB104 07819 LNS 17865 b
HB2825- 8 -LRB104 07819 LNS 17865 b HB2825 - 8 - LRB104 07819 LNS 17865 b
HB2825 - 8 - LRB104 07819 LNS 17865 b
1 subsection (a-7), or complete a training course
2 administered by the service provider in which the
3 applicant will be employed by, or under contract with,
4 that covers safe driving practices with a first division
5 vehicle, special considerations for transporting students
6 with disabilities, emergency preparedness, and safe
7 pick-up and drop-off procedures. The vendor course shall
8 have an examination component that applicants must pass.
9 Such vendor course must be approved by the Secretary of
10 State in conjunction with the Illinois State Board of
11 Education.
12 (a-9) An applicant to operate a first division vehicle is
13 exempt from the requirement of paragraph 6 of subsection (a)
14 if the applicant will be providing transportation services
15 with a provider that uses a telematics system that sends,
16 receives, and stores telemetry data, including, but not
17 limited to, device use, speeding, hard turning, hard braking,
18 hard acceleration, and collision detection.
19 (a-10) By January 1, 2024, the Secretary of State, in
20 conjunction with the Illinois State Board of Education, shall
21 develop a separate classroom course and refresher course for
22 operation of vehicles of the first division being operated as
23 school buses. Regional superintendents of schools, working
24 with the Illinois State Board of Education, shall offer the
25 course.
26 (b) A school bus driver permit shall be valid for a period
HB2825 - 8 - LRB104 07819 LNS 17865 b
HB2825- 9 -LRB104 07819 LNS 17865 b HB2825 - 9 - LRB104 07819 LNS 17865 b
HB2825 - 9 - LRB104 07819 LNS 17865 b
1 specified by the Secretary of State as set forth by rule. It
2 shall be renewable upon compliance with subsection (a) of this
3 Section.
4 (c) A school bus driver permit shall contain the holder's
5 driver's license number, legal name, residence address, zip
6 code, and date of birth, a brief description of the holder, and
7 a space for signature. The Secretary of State may require a
8 suitable photograph of the holder.
9 (d) The employer shall be responsible for conducting a
10 pre-employment interview with prospective school bus driver
11 candidates, distributing school bus driver applications and
12 medical forms to be completed by the applicant, and submitting
13 the applicant's fingerprint cards to the Illinois State Police
14 that are required for the criminal background investigations.
15 The employer shall certify in writing to the Secretary of
16 State that all pre-employment conditions have been
17 successfully completed including the successful completion of
18 an Illinois specific criminal background investigation through
19 the Illinois State Police and the submission of necessary
20 fingerprints to the Federal Bureau of Investigation for
21 criminal history information available through the Federal
22 Bureau of Investigation system. The applicant shall present
23 the certification to the Secretary of State at the time of
24 submitting the school bus driver permit application.
25 (e) Permits shall initially be provisional upon receiving
26 certification from the employer that all pre-employment
HB2825 - 9 - LRB104 07819 LNS 17865 b
HB2825- 10 -LRB104 07819 LNS 17865 b HB2825 - 10 - LRB104 07819 LNS 17865 b
HB2825 - 10 - LRB104 07819 LNS 17865 b
1 conditions have been successfully completed, and upon
2 successful completion of all training and examination
3 requirements for the classification of the vehicle to be
4 operated, the Secretary of State shall provisionally issue a
5 School Bus Driver Permit. The permit shall remain in a
6 provisional status pending the completion of the Federal
7 Bureau of Investigation's criminal background investigation
8 based upon fingerprinting specimens submitted to the Federal
9 Bureau of Investigation by the Illinois State Police. The
10 Federal Bureau of Investigation shall report the findings
11 directly to the Secretary of State. The Secretary of State
12 shall remove the bus driver permit from provisional status
13 upon the applicant's successful completion of the Federal
14 Bureau of Investigation's criminal background investigation.
15 (f) A school bus driver permit holder shall notify the
16 employer and the Secretary of State if he or she is issued an
17 order of court supervision for or convicted in another state
18 of an offense that would make him or her ineligible for a
19 permit under subsection (a) of this Section. The written
20 notification shall be made within 5 days of the entry of the
21 order of court supervision or conviction. Failure of the
22 permit holder to provide the notification is punishable as a
23 petty offense for a first violation and a Class B misdemeanor
24 for a second or subsequent violation.
25 (g) Cancellation; suspension; notice and procedure.
26 (1) The Secretary of State shall cancel a school bus
HB2825 - 10 - LRB104 07819 LNS 17865 b
HB2825- 11 -LRB104 07819 LNS 17865 b HB2825 - 11 - LRB104 07819 LNS 17865 b
HB2825 - 11 - LRB104 07819 LNS 17865 b
1 driver permit of an applicant whose criminal background
2 investigation discloses that he or she is not in
3 compliance with the provisions of subsection (a) of this
4 Section.
5 (2) The Secretary of State shall cancel a school bus
6 driver permit when he or she receives notice that the
7 permit holder fails to comply with any provision of this
8 Section or any rule promulgated for the administration of
9 this Section.
10 (3) The Secretary of State shall cancel a school bus
11 driver permit if the permit holder's restricted commercial
12 or commercial driving privileges are withdrawn or
13 otherwise invalidated.
14 (4) The Secretary of State may not issue a school bus
15 driver permit for a period of 3 years to an applicant who
16 fails to obtain a negative result on a drug test as
17 required in item 6 of subsection (a) of this Section or
18 under federal law.
19 (5) The Secretary of State shall forthwith suspend a
20 school bus driver permit for a period of 3 years upon
21 receiving notice that the holder has failed to obtain a
22 negative result on a drug test as required in item 6 of
23 subsection (a) of this Section or under federal law.
24 (6) The Secretary of State shall suspend a school bus
25 driver permit for a period of 3 years upon receiving
26 notice from the employer that the holder failed to perform
HB2825 - 11 - LRB104 07819 LNS 17865 b
HB2825- 12 -LRB104 07819 LNS 17865 b HB2825 - 12 - LRB104 07819 LNS 17865 b
HB2825 - 12 - LRB104 07819 LNS 17865 b
1 the inspection procedure set forth in subsection (a) or
2 (b) of Section 12-816 of this Code.
3 (7) 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 refused to submit
6 to an alcohol or drug test as required by Section 6-106.1c
7 or has submitted to a test required by that Section which
8 disclosed an alcohol concentration of more than 0.00 or
9 disclosed a positive result on a National Institute on
10 Drug Abuse five-drug panel, utilizing federal standards
11 set forth in 49 CFR 40.87.
12 The Secretary of State shall notify the State
13 Superintendent of Education and the permit holder's
14 prospective or current employer that the applicant (1) has
15 failed a criminal background investigation or (2) is no longer
16 eligible for a school bus driver permit; and of the related
17 cancellation of the applicant's provisional school bus driver
18 permit. The cancellation shall remain in effect pending the
19 outcome of a hearing pursuant to Section 2-118 of this Code.
20 The scope of the hearing shall be limited to the issuance
21 criteria contained in subsection (a) of this Section. A
22 petition requesting a hearing shall be submitted to the
23 Secretary of State and shall contain the reason the individual
24 feels he or she is entitled to a school bus driver permit. The
25 permit holder's employer shall notify in writing to the
26 Secretary of State that the employer has certified the removal
HB2825 - 12 - LRB104 07819 LNS 17865 b
HB2825- 13 -LRB104 07819 LNS 17865 b HB2825 - 13 - LRB104 07819 LNS 17865 b
HB2825 - 13 - LRB104 07819 LNS 17865 b
1 of the offending school bus driver from service prior to the
2 start of that school bus driver's next work shift. An
3 employing school board that fails to remove the offending
4 school bus driver from service is subject to the penalties
5 defined in Section 3-14.23 of the School Code. A school bus
6 contractor who violates a provision of this Section is subject
7 to the penalties defined in Section 6-106.11.
8 All valid school bus driver permits issued under this
9 Section prior to January 1, 1995, shall remain effective until
10 their expiration date unless otherwise invalidated.
11 (h) When a school bus driver permit holder who is a service
12 member is called to active duty, the employer of the permit
13 holder shall notify the Secretary of State, within 30 days of
14 notification from the permit holder, that the permit holder
15 has been called to active duty. Upon notification pursuant to
16 this subsection, (i) the Secretary of State shall characterize
17 the permit as inactive until a permit holder renews the permit
18 as provided in subsection (i) of this Section, and (ii) if a
19 permit holder fails to comply with the requirements of this
20 Section while called to active duty, the Secretary of State
21 shall not characterize the permit as invalid.
22 (i) A school bus driver permit holder who is a service
23 member returning from active duty must, within 90 days, renew
24 a permit characterized as inactive pursuant to subsection (h)
25 of this Section by complying with the renewal requirements of
26 subsection (b) of this Section.
HB2825 - 13 - LRB104 07819 LNS 17865 b
HB2825- 14 -LRB104 07819 LNS 17865 b HB2825 - 14 - LRB104 07819 LNS 17865 b
HB2825 - 14 - LRB104 07819 LNS 17865 b
1 (j) For purposes of subsections (h) and (i) of this
2 Section:
3 "Active duty" means active duty pursuant to an executive
4 order of the President of the United States, an act of the
5 Congress of the United States, or an order of the Governor.
6 "Service member" means a member of the Armed Services or
7 reserve forces of the United States or a member of the Illinois
8 National Guard.
9 (k) A private carrier employer of a school bus driver
10 permit holder, having satisfied the employer requirements of
11 this Section, shall be held to a standard of ordinary care for
12 intentional acts committed in the course of employment by the
13 bus driver permit holder. This subsection (k) shall in no way
14 limit the liability of the private carrier employer for
15 violation of any provision of this Section or for the
16 negligent hiring or retention of a school bus driver permit
17 holder.
18 (Source: P.A. 102-168, eff. 7-27-21; 102-299, eff. 8-6-21;
19 102-538, eff. 8-20-21; 102-726, eff. 1-1-23; 102-813, eff.
20 5-13-22; 102-982, eff. 7-1-23; 102-1130, eff. 7-1-23; 103-605,
21 eff. 7-1-24; 103-825, eff. 1-1-25.)
22 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
23 Sec. 13-109. Safety test prior to application for license -
24 Subsequent tests - Repairs - Retest.
25 (a) Except as otherwise provided in Chapter 13, each
HB2825 - 14 - LRB104 07819 LNS 17865 b
HB2825- 15 -LRB104 07819 LNS 17865 b HB2825 - 15 - LRB104 07819 LNS 17865 b
HB2825 - 15 - LRB104 07819 LNS 17865 b
1 second division vehicle, first division vehicle including a
2 taxi which is used for a purpose that requires a school bus
3 driver permit, and medical transport vehicle, except those
4 vehicles other than school buses or medical transport vehicles
5 owned or operated by a municipal corporation or political
6 subdivision having a population of 1,000,000 or more
7 inhabitants which are subjected to safety tests imposed by
8 local ordinance or resolution, operated in whole or in part
9 over the highways of this State, motor vehicle used for driver
10 education training, and each vehicle designed to carry 15 or
11 fewer passengers operated by a contract carrier transporting
12 employees in the course of their employment on a highway of
13 this State, shall be subjected to the safety test provided for
14 in Chapter 13 of this Code. Tests shall be conducted at an
15 official testing station or by an official mobile safety
16 testing company within 6 months prior to the application for
17 registration as provided for in this Code. Subsequently each
18 vehicle shall be subject to tests (i) at least every 6 months,
19 (i.5) in the case of first division vehicles, including taxis
20 that are used for a purpose that requires a school bus driver's
21 permit, at least every 12 months, or 10,000 miles, whichever
22 occurs first, (ii) in the case of school buses and first
23 division vehicles including taxis which are used for a purpose
24 that requires a school bus driver permit, at least every 6
25 months or 10,000 miles, whichever occurs first, (iii) in the
26 case of driver education vehicles used by public high schools,
HB2825 - 15 - LRB104 07819 LNS 17865 b
HB2825- 16 -LRB104 07819 LNS 17865 b HB2825 - 16 - LRB104 07819 LNS 17865 b
HB2825 - 16 - LRB104 07819 LNS 17865 b
1 at least every 12 months for vehicles over 5 model years of age
2 or having an odometer reading of over 75,000 miles, whichever
3 occurs first, or (iv) in the case of truck tractors,
4 semitrailers, and property-carrying vehicles registered for a
5 gross weight of more than 10,000 pounds but less than 26,001
6 pounds, at least every 12 months, and according to schedules
7 established by rules and regulations promulgated by the
8 Department. Any component subject to regular inspection which
9 is damaged in a reportable crash must be reinspected before
10 the bus or first division vehicle including a taxi which is
11 used for a purpose that requires a school bus driver permit is
12 returned to service.
13 (b) The Department shall also conduct periodic
14 nonscheduled inspections of school buses, of buses registered
15 as charitable vehicles and of religious organization buses. If
16 such inspection reveals that a vehicle is not in substantial
17 compliance with the rules promulgated by the Department, the
18 Department shall remove the Certificate of Safety from the
19 vehicle, and shall place the vehicle out-of-service. A bright
20 orange, triangular decal shall be placed on an out-of-service
21 vehicle where the Certificate of Safety has been removed. The
22 vehicle must pass a safety test at an official testing station
23 or official mobile safety testing company before it is again
24 placed in service.
25 (c) If the violation is not substantial a bright yellow,
26 triangular sticker shall be placed next to the Certificate of
HB2825 - 16 - LRB104 07819 LNS 17865 b
HB2825- 17 -LRB104 07819 LNS 17865 b HB2825 - 17 - LRB104 07819 LNS 17865 b
HB2825 - 17 - LRB104 07819 LNS 17865 b
1 Safety at the time the nonscheduled inspection is made. The
2 Department shall reinspect the vehicle after 3 working days to
3 determine that the violation has been corrected and remove the
4 yellow, triangular decal. If the violation is not corrected
5 within 3 working days, the Department shall place the vehicle
6 out-of-service in accordance with procedures in subsection
7 (b).
8 (d) If a violation is not substantial and does not
9 directly affect the safe operation of the vehicle, the
10 Department shall issue a warning notice requiring correction
11 of the violation. Such correction shall be accomplished as
12 soon as practicable and a report of the correction shall be
13 made to the Department within 30 days in a manner established
14 by the Department. If the Department has not been advised that
15 the corrections have been made, and the violations still
16 exist, the Department shall place the vehicle out-of-service
17 in accordance with procedures in subsection (b).
18 (e) The Department is authorized to promulgate regulations
19 to implement its program of nonscheduled inspections. Causing
20 or allowing the operation of an out-of-service vehicle with
21 passengers or unauthorized removal of an out-of-service
22 sticker is a Class 3 felony. Causing or allowing the operation
23 of a vehicle with a 3-day sticker for longer than 3 days with
24 the sticker attached or the unauthorized removal of a 3-day
25 sticker is a Class C misdemeanor.
26 (f) If a second division vehicle, first division vehicle
HB2825 - 17 - LRB104 07819 LNS 17865 b
HB2825- 18 -LRB104 07819 LNS 17865 b HB2825 - 18 - LRB104 07819 LNS 17865 b
HB2825 - 18 - LRB104 07819 LNS 17865 b
1 including a taxi which is used for a purpose that requires a
2 school bus driver permit, medical transport vehicle, or
3 vehicle operated by a contract carrier as provided in
4 subsection (a) of this Section is in safe mechanical
5 condition, as determined pursuant to Chapter 13, the operator
6 of the official testing station or official mobile safety
7 testing company must at once issue to the second division
8 vehicle, first division vehicle including a taxi which is used
9 for a purpose that requires a school bus driver permit, or
10 medical transport vehicle a certificate of safety, in the form
11 and manner prescribed by the Department, which shall be
12 affixed to the vehicle by the certified safety tester who
13 performed the safety tests. The owner of the second division
14 vehicle, first division vehicle including a taxi which is used
15 for a purpose that requires a school bus driver permit, or
16 medical transport vehicle or the contract carrier shall at all
17 times display the Certificate of Safety on the second division
18 vehicle, first division vehicle including a taxi which is used
19 for a purpose that requires a school bus driver permit,
20 medical transport vehicle, or vehicle operated by a contract
21 carrier in the manner prescribed by the Department.
22 (g) If a test shows that a second division vehicle, first
23 division vehicle including a taxi which is used for a purpose
24 that requires a school bus driver permit, medical transport
25 vehicle, or vehicle operated by a contract carrier is not in
26 safe mechanical condition as provided in this Section, it
HB2825 - 18 - LRB104 07819 LNS 17865 b
HB2825- 19 -LRB104 07819 LNS 17865 b HB2825 - 19 - LRB104 07819 LNS 17865 b
HB2825 - 19 - LRB104 07819 LNS 17865 b
1 shall not be operated on the highways until it has been
2 repaired and submitted to a retest at an official testing
3 station or official mobile safety testing company. If the
4 owner or contract carrier submits the vehicle to a retest at a
5 different official testing station or official mobile safety
6 testing company from that where it failed to pass the first
7 test, he or she shall present to the operator of the second
8 station the report of the original test, and shall notify the
9 Department in writing, giving the name and address of the
10 original testing station or official mobile safety testing
11 company and the defects which prevented the issuance of a
12 Certificate of Safety, and the name and address of the second
13 official testing station or official mobile safety testing
14 company making the retest.
15 (Source: P.A. 102-982, eff. 7-1-23; 103-476, eff. 1-1-24.)
HB2825 - 19 - LRB104 07819 LNS 17865 b