IL
Illinois House Bill HB2825

Illinois 2025-2026 Regular Session

Illinois House Bill HB2825 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2825 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
33 625 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
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66 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.
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1212 1 AN ACT concerning transportation.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Vehicle Code is amended by
1616 5 changing Sections 6-106.1 and 13-109 as follows:
1717 6 (625 ILCS 5/6-106.1)
1818 7 Sec. 6-106.1. School bus driver permit.
1919 8 (a) The Secretary of State shall issue a school bus driver
2020 9 permit for the operation of first or second division vehicles
2121 10 being operated as school buses or a permit valid only for the
2222 11 operation of first division vehicles being operated as school
2323 12 buses to those applicants who have met all the requirements of
2424 13 the application and screening process under this Section to
2525 14 insure the welfare and safety of children who are transported
2626 15 on school buses throughout the State of Illinois. Applicants
2727 16 shall obtain the proper application required by the Secretary
2828 17 of State from their prospective or current employer and submit
2929 18 the completed application to the prospective or current
3030 19 employer along with the necessary fingerprint submission as
3131 20 required by the Illinois State Police to conduct
3232 21 fingerprint-based criminal background checks on current and
3333 22 future information available in the State system and current
3434 23 information available through the Federal Bureau of
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2825 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
3939 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
4040 625 ILCS 5/6-106.1
4141 625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
4242 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.
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7171 1 Investigation's system. Applicants who have completed the
7272 2 fingerprinting requirements shall not be subjected to the
7373 3 fingerprinting process when applying for subsequent permits or
7474 4 submitting proof of successful completion of the annual
7575 5 refresher course. Individuals who on July 1, 1995 (the
7676 6 effective date of Public Act 88-612) possess a valid school
7777 7 bus driver permit that has been previously issued by the
7878 8 appropriate Regional School Superintendent are not subject to
7979 9 the fingerprinting provisions of this Section as long as the
8080 10 permit remains valid and does not lapse. The applicant shall
8181 11 be required to pay all related application and fingerprinting
8282 12 fees as established by rule, including, but not limited to,
8383 13 the amounts established by the Illinois State Police and the
8484 14 Federal Bureau of Investigation to process fingerprint-based
8585 15 criminal background investigations. All fees paid for
8686 16 fingerprint processing services under this Section shall be
8787 17 deposited into the State Police Services Fund for the cost
8888 18 incurred in processing the fingerprint-based criminal
8989 19 background investigations. All other fees paid under this
9090 20 Section shall be deposited into the Road Fund for the purpose
9191 21 of defraying the costs of the Secretary of State in
9292 22 administering this Section. Other than any applicant to
9393 23 operate a first division vehicle, all All applicants must:
9494 24 1. be 21 years of age or older;
9595 25 2. possess a valid and properly classified driver's
9696 26 license issued by the Secretary of State;
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107107 1 3. possess a valid driver's license, which has not
108108 2 been revoked, suspended, or canceled for 3 years
109109 3 immediately prior to the date of application, or have not
110110 4 had his or her commercial motor vehicle driving privileges
111111 5 disqualified within the 3 years immediately prior to the
112112 6 date of application;
113113 7 4. successfully pass a first division, or second
114114 8 division, or school bus written test, administered by the
115115 9 Secretary of State, on school bus operation, school bus
116116 10 safety, and special traffic laws relating to school buses
117117 11 and submit to a review of the applicant's driving habits
118118 12 by the Secretary of State at the time the written test is
119119 13 given;
120120 14 5. demonstrate ability to exercise reasonable care in
121121 15 the operation of school buses in accordance with rules
122122 16 promulgated by the Secretary of State;
123123 17 6. demonstrate physical fitness to operate school
124124 18 buses by submitting the results of a medical examination,
125125 19 including tests for drug use for each applicant not
126126 20 subject to such testing pursuant to federal law, conducted
127127 21 by a licensed physician, a licensed advanced practice
128128 22 registered nurse, or a licensed physician assistant within
129129 23 90 days of the date of application according to standards
130130 24 promulgated by the Secretary of State;
131131 25 7. affirm under penalties of perjury that he or she
132132 26 has not made a false statement or knowingly concealed a
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143143 1 material fact in any application for permit;
144144 2 8. have completed an initial classroom course,
145145 3 including first aid procedures, in school bus driver
146146 4 safety as promulgated by the Secretary of State and, after
147147 5 satisfactory completion of said initial course, an annual
148148 6 refresher course; such courses and the agency or
149149 7 organization conducting such courses shall be approved by
150150 8 the Secretary of State; failure to complete the annual
151151 9 refresher course shall result in cancellation of the
152152 10 permit until such course is completed;
153153 11 9. not have been under an order of court supervision
154154 12 for or convicted of 2 or more serious traffic offenses, as
155155 13 defined by rule, within one year prior to the date of
156156 14 application that may endanger the life or safety of any of
157157 15 the driver's passengers within the duration of the permit
158158 16 period;
159159 17 10. not have been under an order of court supervision
160160 18 for or convicted of reckless driving, aggravated reckless
161161 19 driving, driving while under the influence of alcohol,
162162 20 other drug or drugs, intoxicating compound or compounds or
163163 21 any combination thereof, or reckless homicide resulting
164164 22 from the operation of a motor vehicle within 3 years of the
165165 23 date of application;
166166 24 11. not have been convicted of committing or
167167 25 attempting to commit any one or more of the following
168168 26 offenses: (i) those offenses defined in Sections 8-1,
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179179 1 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
180180 2 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
181181 3 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
182182 4 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
183183 5 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
184184 6 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
185185 7 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22,
186186 8 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05,
187187 9 12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
188188 10 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6,
189189 11 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
190190 12 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33,
191191 13 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
192192 14 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
193193 15 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
194194 16 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
195195 17 33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
196196 18 of Section 24-3, and those offenses contained in Article
197197 19 29D of the Criminal Code of 1961 or the Criminal Code of
198198 20 2012; (ii) those offenses defined in the Cannabis Control
199199 21 Act except those offenses defined in subsections (a) and
200200 22 (b) of Section 4, and subsection (a) of Section 5 of the
201201 23 Cannabis Control Act; (iii) those offenses defined in the
202202 24 Illinois Controlled Substances Act; (iv) those offenses
203203 25 defined in the Methamphetamine Control and Community
204204 26 Protection Act; (v) any offense committed or attempted in
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215215 1 any other state or against the laws of the United States,
216216 2 which if committed or attempted in this State would be
217217 3 punishable as one or more of the foregoing offenses; (vi)
218218 4 the offenses defined in Section 4.1 and 5.1 of the Wrongs
219219 5 to Children Act or Section 11-9.1A of the Criminal Code of
220220 6 1961 or the Criminal Code of 2012; (vii) those offenses
221221 7 defined in Section 6-16 of the Liquor Control Act of 1934;
222222 8 and (viii) those offenses defined in the Methamphetamine
223223 9 Precursor Control Act;
224224 10 12. not have been repeatedly involved as a driver in
225225 11 motor vehicle collisions or been repeatedly convicted of
226226 12 offenses against laws and ordinances regulating the
227227 13 movement of traffic, to a degree which indicates lack of
228228 14 ability to exercise ordinary and reasonable care in the
229229 15 safe operation of a motor vehicle or disrespect for the
230230 16 traffic laws and the safety of other persons upon the
231231 17 highway;
232232 18 13. not have, through the unlawful operation of a
233233 19 motor vehicle, caused a crash resulting in the death of
234234 20 any person;
235235 21 14. not have, within the last 5 years, been adjudged
236236 22 to be afflicted with or suffering from any mental
237237 23 disability or disease;
238238 24 15. consent, in writing, to the release of results of
239239 25 reasonable suspicion drug and alcohol testing under
240240 26 Section 6-106.1c of this Code by the employer of the
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251251 1 applicant to the Secretary of State; and
252252 2 16. not have been convicted of committing or
253253 3 attempting to commit within the last 20 years: (i) an
254254 4 offense defined in subsection (c) of Section 4, subsection
255255 5 (b) of Section 5, and subsection (a) of Section 8 of the
256256 6 Cannabis Control Act; or (ii) any offenses in any other
257257 7 state or against the laws of the United States that, if
258258 8 committed or attempted in this State, would be punishable
259259 9 as one or more of the foregoing offenses.
260260 10 (a-5) If an applicant's driver's license has been
261261 11 suspended within the 3 years immediately prior to the date of
262262 12 application for the sole reason of failure to pay child
263263 13 support, that suspension shall not bar the applicant from
264264 14 receiving a school bus driver permit.
265265 15 (a-7) The Secretary of State, in conjunction with the
266266 16 Illinois State Board of Education, shall develop a separate
267267 17 classroom course and refresher course for operation of
268268 18 vehicles of the first division being operated as school buses.
269269 19 The course shall have an examination component that applicants
270270 20 must pass. Regional superintendents of schools, working with
271271 21 the Illinois State Board of Education, shall offer the course.
272272 22 (a-8) All applicants to operate a first division vehicle
273273 23 must:
274274 24 (1) meet the requirements of paragraphs 1, 2, 3, 6, 7,
275275 25 and 9 through 16 of subsection (a); and
276276 26 (2) complete the course developed and offered under
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287287 1 subsection (a-7), or complete a training course
288288 2 administered by the service provider in which the
289289 3 applicant will be employed by, or under contract with,
290290 4 that covers safe driving practices with a first division
291291 5 vehicle, special considerations for transporting students
292292 6 with disabilities, emergency preparedness, and safe
293293 7 pick-up and drop-off procedures. The vendor course shall
294294 8 have an examination component that applicants must pass.
295295 9 Such vendor course must be approved by the Secretary of
296296 10 State in conjunction with the Illinois State Board of
297297 11 Education.
298298 12 (a-9) An applicant to operate a first division vehicle is
299299 13 exempt from the requirement of paragraph 6 of subsection (a)
300300 14 if the applicant will be providing transportation services
301301 15 with a provider that uses a telematics system that sends,
302302 16 receives, and stores telemetry data, including, but not
303303 17 limited to, device use, speeding, hard turning, hard braking,
304304 18 hard acceleration, and collision detection.
305305 19 (a-10) By January 1, 2024, the Secretary of State, in
306306 20 conjunction with the Illinois State Board of Education, shall
307307 21 develop a separate classroom course and refresher course for
308308 22 operation of vehicles of the first division being operated as
309309 23 school buses. Regional superintendents of schools, working
310310 24 with the Illinois State Board of Education, shall offer the
311311 25 course.
312312 26 (b) A school bus driver permit shall be valid for a period
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323323 1 specified by the Secretary of State as set forth by rule. It
324324 2 shall be renewable upon compliance with subsection (a) of this
325325 3 Section.
326326 4 (c) A school bus driver permit shall contain the holder's
327327 5 driver's license number, legal name, residence address, zip
328328 6 code, and date of birth, a brief description of the holder, and
329329 7 a space for signature. The Secretary of State may require a
330330 8 suitable photograph of the holder.
331331 9 (d) The employer shall be responsible for conducting a
332332 10 pre-employment interview with prospective school bus driver
333333 11 candidates, distributing school bus driver applications and
334334 12 medical forms to be completed by the applicant, and submitting
335335 13 the applicant's fingerprint cards to the Illinois State Police
336336 14 that are required for the criminal background investigations.
337337 15 The employer shall certify in writing to the Secretary of
338338 16 State that all pre-employment conditions have been
339339 17 successfully completed including the successful completion of
340340 18 an Illinois specific criminal background investigation through
341341 19 the Illinois State Police and the submission of necessary
342342 20 fingerprints to the Federal Bureau of Investigation for
343343 21 criminal history information available through the Federal
344344 22 Bureau of Investigation system. The applicant shall present
345345 23 the certification to the Secretary of State at the time of
346346 24 submitting the school bus driver permit application.
347347 25 (e) Permits shall initially be provisional upon receiving
348348 26 certification from the employer that all pre-employment
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359359 1 conditions have been successfully completed, and upon
360360 2 successful completion of all training and examination
361361 3 requirements for the classification of the vehicle to be
362362 4 operated, the Secretary of State shall provisionally issue a
363363 5 School Bus Driver Permit. The permit shall remain in a
364364 6 provisional status pending the completion of the Federal
365365 7 Bureau of Investigation's criminal background investigation
366366 8 based upon fingerprinting specimens submitted to the Federal
367367 9 Bureau of Investigation by the Illinois State Police. The
368368 10 Federal Bureau of Investigation shall report the findings
369369 11 directly to the Secretary of State. The Secretary of State
370370 12 shall remove the bus driver permit from provisional status
371371 13 upon the applicant's successful completion of the Federal
372372 14 Bureau of Investigation's criminal background investigation.
373373 15 (f) A school bus driver permit holder shall notify the
374374 16 employer and the Secretary of State if he or she is issued an
375375 17 order of court supervision for or convicted in another state
376376 18 of an offense that would make him or her ineligible for a
377377 19 permit under subsection (a) of this Section. The written
378378 20 notification shall be made within 5 days of the entry of the
379379 21 order of court supervision or conviction. Failure of the
380380 22 permit holder to provide the notification is punishable as a
381381 23 petty offense for a first violation and a Class B misdemeanor
382382 24 for a second or subsequent violation.
383383 25 (g) Cancellation; suspension; notice and procedure.
384384 26 (1) The Secretary of State shall cancel a school bus
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395395 1 driver permit of an applicant whose criminal background
396396 2 investigation discloses that he or she is not in
397397 3 compliance with the provisions of subsection (a) of this
398398 4 Section.
399399 5 (2) The Secretary of State shall cancel a school bus
400400 6 driver permit when he or she receives notice that the
401401 7 permit holder fails to comply with any provision of this
402402 8 Section or any rule promulgated for the administration of
403403 9 this Section.
404404 10 (3) The Secretary of State shall cancel a school bus
405405 11 driver permit if the permit holder's restricted commercial
406406 12 or commercial driving privileges are withdrawn or
407407 13 otherwise invalidated.
408408 14 (4) The Secretary of State may not issue a school bus
409409 15 driver permit for a period of 3 years to an applicant who
410410 16 fails to obtain a negative result on a drug test as
411411 17 required in item 6 of subsection (a) of this Section or
412412 18 under federal law.
413413 19 (5) The Secretary of State shall forthwith suspend a
414414 20 school bus driver permit for a period of 3 years upon
415415 21 receiving notice that the holder has failed to obtain a
416416 22 negative result on a drug test as required in item 6 of
417417 23 subsection (a) of this Section or under federal law.
418418 24 (6) The Secretary of State shall suspend a school bus
419419 25 driver permit for a period of 3 years upon receiving
420420 26 notice from the employer that the holder failed to perform
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431431 1 the inspection procedure set forth in subsection (a) or
432432 2 (b) of Section 12-816 of this Code.
433433 3 (7) The Secretary of State shall suspend a school bus
434434 4 driver permit for a period of 3 years upon receiving
435435 5 notice from the employer that the holder refused to submit
436436 6 to an alcohol or drug test as required by Section 6-106.1c
437437 7 or has submitted to a test required by that Section which
438438 8 disclosed an alcohol concentration of more than 0.00 or
439439 9 disclosed a positive result on a National Institute on
440440 10 Drug Abuse five-drug panel, utilizing federal standards
441441 11 set forth in 49 CFR 40.87.
442442 12 The Secretary of State shall notify the State
443443 13 Superintendent of Education and the permit holder's
444444 14 prospective or current employer that the applicant (1) has
445445 15 failed a criminal background investigation or (2) is no longer
446446 16 eligible for a school bus driver permit; and of the related
447447 17 cancellation of the applicant's provisional school bus driver
448448 18 permit. The cancellation shall remain in effect pending the
449449 19 outcome of a hearing pursuant to Section 2-118 of this Code.
450450 20 The scope of the hearing shall be limited to the issuance
451451 21 criteria contained in subsection (a) of this Section. A
452452 22 petition requesting a hearing shall be submitted to the
453453 23 Secretary of State and shall contain the reason the individual
454454 24 feels he or she is entitled to a school bus driver permit. The
455455 25 permit holder's employer shall notify in writing to the
456456 26 Secretary of State that the employer has certified the removal
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467467 1 of the offending school bus driver from service prior to the
468468 2 start of that school bus driver's next work shift. An
469469 3 employing school board that fails to remove the offending
470470 4 school bus driver from service is subject to the penalties
471471 5 defined in Section 3-14.23 of the School Code. A school bus
472472 6 contractor who violates a provision of this Section is subject
473473 7 to the penalties defined in Section 6-106.11.
474474 8 All valid school bus driver permits issued under this
475475 9 Section prior to January 1, 1995, shall remain effective until
476476 10 their expiration date unless otherwise invalidated.
477477 11 (h) When a school bus driver permit holder who is a service
478478 12 member is called to active duty, the employer of the permit
479479 13 holder shall notify the Secretary of State, within 30 days of
480480 14 notification from the permit holder, that the permit holder
481481 15 has been called to active duty. Upon notification pursuant to
482482 16 this subsection, (i) the Secretary of State shall characterize
483483 17 the permit as inactive until a permit holder renews the permit
484484 18 as provided in subsection (i) of this Section, and (ii) if a
485485 19 permit holder fails to comply with the requirements of this
486486 20 Section while called to active duty, the Secretary of State
487487 21 shall not characterize the permit as invalid.
488488 22 (i) A school bus driver permit holder who is a service
489489 23 member returning from active duty must, within 90 days, renew
490490 24 a permit characterized as inactive pursuant to subsection (h)
491491 25 of this Section by complying with the renewal requirements of
492492 26 subsection (b) of this Section.
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503503 1 (j) For purposes of subsections (h) and (i) of this
504504 2 Section:
505505 3 "Active duty" means active duty pursuant to an executive
506506 4 order of the President of the United States, an act of the
507507 5 Congress of the United States, or an order of the Governor.
508508 6 "Service member" means a member of the Armed Services or
509509 7 reserve forces of the United States or a member of the Illinois
510510 8 National Guard.
511511 9 (k) A private carrier employer of a school bus driver
512512 10 permit holder, having satisfied the employer requirements of
513513 11 this Section, shall be held to a standard of ordinary care for
514514 12 intentional acts committed in the course of employment by the
515515 13 bus driver permit holder. This subsection (k) shall in no way
516516 14 limit the liability of the private carrier employer for
517517 15 violation of any provision of this Section or for the
518518 16 negligent hiring or retention of a school bus driver permit
519519 17 holder.
520520 18 (Source: P.A. 102-168, eff. 7-27-21; 102-299, eff. 8-6-21;
521521 19 102-538, eff. 8-20-21; 102-726, eff. 1-1-23; 102-813, eff.
522522 20 5-13-22; 102-982, eff. 7-1-23; 102-1130, eff. 7-1-23; 103-605,
523523 21 eff. 7-1-24; 103-825, eff. 1-1-25.)
524524 22 (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
525525 23 Sec. 13-109. Safety test prior to application for license -
526526 24 Subsequent tests - Repairs - Retest.
527527 25 (a) Except as otherwise provided in Chapter 13, each
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538538 1 second division vehicle, first division vehicle including a
539539 2 taxi which is used for a purpose that requires a school bus
540540 3 driver permit, and medical transport vehicle, except those
541541 4 vehicles other than school buses or medical transport vehicles
542542 5 owned or operated by a municipal corporation or political
543543 6 subdivision having a population of 1,000,000 or more
544544 7 inhabitants which are subjected to safety tests imposed by
545545 8 local ordinance or resolution, operated in whole or in part
546546 9 over the highways of this State, motor vehicle used for driver
547547 10 education training, and each vehicle designed to carry 15 or
548548 11 fewer passengers operated by a contract carrier transporting
549549 12 employees in the course of their employment on a highway of
550550 13 this State, shall be subjected to the safety test provided for
551551 14 in Chapter 13 of this Code. Tests shall be conducted at an
552552 15 official testing station or by an official mobile safety
553553 16 testing company within 6 months prior to the application for
554554 17 registration as provided for in this Code. Subsequently each
555555 18 vehicle shall be subject to tests (i) at least every 6 months,
556556 19 (i.5) in the case of first division vehicles, including taxis
557557 20 that are used for a purpose that requires a school bus driver's
558558 21 permit, at least every 12 months, or 10,000 miles, whichever
559559 22 occurs first, (ii) in the case of school buses and first
560560 23 division vehicles including taxis which are used for a purpose
561561 24 that requires a school bus driver permit, at least every 6
562562 25 months or 10,000 miles, whichever occurs first, (iii) in the
563563 26 case of driver education vehicles used by public high schools,
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574574 1 at least every 12 months for vehicles over 5 model years of age
575575 2 or having an odometer reading of over 75,000 miles, whichever
576576 3 occurs first, or (iv) in the case of truck tractors,
577577 4 semitrailers, and property-carrying vehicles registered for a
578578 5 gross weight of more than 10,000 pounds but less than 26,001
579579 6 pounds, at least every 12 months, and according to schedules
580580 7 established by rules and regulations promulgated by the
581581 8 Department. Any component subject to regular inspection which
582582 9 is damaged in a reportable crash must be reinspected before
583583 10 the bus or first division vehicle including a taxi which is
584584 11 used for a purpose that requires a school bus driver permit is
585585 12 returned to service.
586586 13 (b) The Department shall also conduct periodic
587587 14 nonscheduled inspections of school buses, of buses registered
588588 15 as charitable vehicles and of religious organization buses. If
589589 16 such inspection reveals that a vehicle is not in substantial
590590 17 compliance with the rules promulgated by the Department, the
591591 18 Department shall remove the Certificate of Safety from the
592592 19 vehicle, and shall place the vehicle out-of-service. A bright
593593 20 orange, triangular decal shall be placed on an out-of-service
594594 21 vehicle where the Certificate of Safety has been removed. The
595595 22 vehicle must pass a safety test at an official testing station
596596 23 or official mobile safety testing company before it is again
597597 24 placed in service.
598598 25 (c) If the violation is not substantial a bright yellow,
599599 26 triangular sticker shall be placed next to the Certificate of
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610610 1 Safety at the time the nonscheduled inspection is made. The
611611 2 Department shall reinspect the vehicle after 3 working days to
612612 3 determine that the violation has been corrected and remove the
613613 4 yellow, triangular decal. If the violation is not corrected
614614 5 within 3 working days, the Department shall place the vehicle
615615 6 out-of-service in accordance with procedures in subsection
616616 7 (b).
617617 8 (d) If a violation is not substantial and does not
618618 9 directly affect the safe operation of the vehicle, the
619619 10 Department shall issue a warning notice requiring correction
620620 11 of the violation. Such correction shall be accomplished as
621621 12 soon as practicable and a report of the correction shall be
622622 13 made to the Department within 30 days in a manner established
623623 14 by the Department. If the Department has not been advised that
624624 15 the corrections have been made, and the violations still
625625 16 exist, the Department shall place the vehicle out-of-service
626626 17 in accordance with procedures in subsection (b).
627627 18 (e) The Department is authorized to promulgate regulations
628628 19 to implement its program of nonscheduled inspections. Causing
629629 20 or allowing the operation of an out-of-service vehicle with
630630 21 passengers or unauthorized removal of an out-of-service
631631 22 sticker is a Class 3 felony. Causing or allowing the operation
632632 23 of a vehicle with a 3-day sticker for longer than 3 days with
633633 24 the sticker attached or the unauthorized removal of a 3-day
634634 25 sticker is a Class C misdemeanor.
635635 26 (f) If a second division vehicle, first division vehicle
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646646 1 including a taxi which is used for a purpose that requires a
647647 2 school bus driver permit, medical transport vehicle, or
648648 3 vehicle operated by a contract carrier as provided in
649649 4 subsection (a) of this Section is in safe mechanical
650650 5 condition, as determined pursuant to Chapter 13, the operator
651651 6 of the official testing station or official mobile safety
652652 7 testing company must at once issue to the second division
653653 8 vehicle, first division vehicle including a taxi which is used
654654 9 for a purpose that requires a school bus driver permit, or
655655 10 medical transport vehicle a certificate of safety, in the form
656656 11 and manner prescribed by the Department, which shall be
657657 12 affixed to the vehicle by the certified safety tester who
658658 13 performed the safety tests. The owner of the second division
659659 14 vehicle, first division vehicle including a taxi which is used
660660 15 for a purpose that requires a school bus driver permit, or
661661 16 medical transport vehicle or the contract carrier shall at all
662662 17 times display the Certificate of Safety on the second division
663663 18 vehicle, first division vehicle including a taxi which is used
664664 19 for a purpose that requires a school bus driver permit,
665665 20 medical transport vehicle, or vehicle operated by a contract
666666 21 carrier in the manner prescribed by the Department.
667667 22 (g) If a test shows that a second division vehicle, first
668668 23 division vehicle including a taxi which is used for a purpose
669669 24 that requires a school bus driver permit, medical transport
670670 25 vehicle, or vehicle operated by a contract carrier is not in
671671 26 safe mechanical condition as provided in this Section, it
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682682 1 shall not be operated on the highways until it has been
683683 2 repaired and submitted to a retest at an official testing
684684 3 station or official mobile safety testing company. If the
685685 4 owner or contract carrier submits the vehicle to a retest at a
686686 5 different official testing station or official mobile safety
687687 6 testing company from that where it failed to pass the first
688688 7 test, he or she shall present to the operator of the second
689689 8 station the report of the original test, and shall notify the
690690 9 Department in writing, giving the name and address of the
691691 10 original testing station or official mobile safety testing
692692 11 company and the defects which prevented the issuance of a
693693 12 Certificate of Safety, and the name and address of the second
694694 13 official testing station or official mobile safety testing
695695 14 company making the retest.
696696 15 (Source: P.A. 102-982, eff. 7-1-23; 103-476, eff. 1-1-24.)
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