Bill Text: IL HB3476 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3476 Detail]

Download: Illinois-2023-HB3476-Introduced.html

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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
HB3476 LRB103 27485 MXP 53857 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 1-217, 6-106.1, and 13-109 as follows:
(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
Sec. 1-217. Vehicle. Every device, in, upon or by which
any person or property is or may be transported or drawn upon a
highway or requiring a certificate of title under Section
3-101(d) of this Code, except devices moved by human power,
devices used exclusively upon stationary rails or tracks, and
snowmobiles as defined in the Snowmobile Registration and
Safety Act.
For the purposes of this Code, unless otherwise
prescribed, a device shall be considered to be a vehicle until
such time it either comes within the definition of a junk
vehicle, as defined under this Code, or a junking certificate
is issued for it.
For this Code, vehicles are divided into 2 divisions:
First Division: Those motor vehicles which are designed
for the carrying of not more than 10 persons.
Second Division: Those vehicles which are designed for
carrying more than 10 persons, those designed or used for

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living quarters and those vehicles which are designed for
pulling or carrying property, freight, or cargo and , those
motor vehicles of the First Division remodelled for use and
used as motor vehicles of the Second Division, and those motor
vehicles of the First Division used and registered as school
buses.
(Source: P.A. 92-812, eff. 8-21-02.)
(625 ILCS 5/6-106.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements
of the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct fingerprint
based criminal background checks on current and future
information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the

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fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school
bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Illinois State Police and the
Federal Bureau of Investigation to process fingerprint based
criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not

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had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school
bus safety, and special traffic laws relating to school
buses and submit to a review of the applicant's driving
habits by the Secretary of State at the time the written
test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and after

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satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,

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11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; (v) any offense committed or attempted in
any other state or against the laws of the United States,
which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses; (vi)
the offenses defined in Section 4.1 and 5.1 of the Wrongs

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to Children Act or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine
Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused an accident resulting in the death
of any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and
16. not have been convicted of committing or
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection

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(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(a-5) If an applicant's driver's license has been
suspended within the 3 years immediately prior to the date of
application for the sole reason of failure to pay child
support, that suspension shall not bar the applicant from
receiving a school bus driver permit.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of

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State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the

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employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who

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fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform
the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit
to an alcohol or drug test as required by Section 6-106.1c
or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer

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eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor
who violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to

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this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the

HB3476 - 14 - LRB103 27485 MXP 53857 b
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit for the operation of first or second division vehicles
being operated as school buses or a permit valid only for the
operation of first division vehicles being operated as school
buses to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct
fingerprint-based fingerprint based criminal background checks
on current and future information available in the State state
system and current information available through the Federal
Bureau of Investigation's system. Applicants who have
completed the fingerprinting requirements shall not be

HB3476 - 15 - LRB103 27485 MXP 53857 b
subjected to the fingerprinting process when applying for
subsequent permits or submitting proof of successful
completion of the annual refresher course. Individuals who on
July 1, 1995 (the effective date of Public Act 88-612) possess
a valid school bus driver permit that has been previously
issued by the appropriate Regional School Superintendent are
not subject to the fingerprinting provisions of this Section
as long as the permit remains valid and does not lapse. The
applicant shall be required to pay all related application and
fingerprinting fees as established by rule, including, but not
limited to, the amounts established by the Illinois State
Police and the Federal Bureau of Investigation to process
fingerprint-based fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint-based fingerprint based criminal background
investigations. All other fees paid under this Section shall
be deposited into the Road Fund for the purpose of defraying
the costs of the Secretary of State in administering this
Section. Other than any applicant to operate a first division
vehicle, all All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not

HB3476 - 16 - LRB103 27485 MXP 53857 b
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a school bus or second division
written test, administered by the Secretary of State, on
school bus operation, school bus safety, and special
traffic laws relating to school buses and submit to a
review of the applicant's driving habits by the Secretary
of State at the time the written test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,

HB3476 - 17 - LRB103 27485 MXP 53857 b
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and,
after satisfactory completion of said initial course, an
annual refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,

HB3476 - 18 - LRB103 27485 MXP 53857 b
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; (v) any offense committed or attempted in
any other state or against the laws of the United States,
which if committed or attempted in this State would be

HB3476 - 19 - LRB103 27485 MXP 53857 b
punishable as one or more of the foregoing offenses; (vi)
the offenses defined in Section 4.1 and 5.1 of the Wrongs
to Children Act or Section 11-9.1A of the Criminal Code of
1961 or the Criminal Code of 2012; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine
Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused a crash resulting in the death of
any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and
16. not have been convicted of committing or

HB3476 - 20 - LRB103 27485 MXP 53857 b
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection
(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(a-5) If an applicant's driver's license has been
suspended within the 3 years immediately prior to the date of
application for the sole reason of failure to pay child
support, that suspension shall not bar the applicant from
receiving a school bus driver permit.
(a-7) The Secretary of State, in conjunction with the
Illinois 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.
Regional superintendents of schools, working with the Illinois
State Board of Education, shall offer the course.
(a-10) All applicants to operate a first division vehicle
must:
(1) meet the requirements of paragraphs 1, 2, 3, 7,
and 9 through 16 of subsection (a); and
(2) complete the course developed and offered under
subsection (a-5), or complete a training course
administered by the service provider in which the
applicant will be employed by, or under contract with,

HB3476 - 21 - LRB103 27485 MXP 53857 b
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.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder, and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal

HB3476 - 22 - LRB103 27485 MXP 53857 b
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the

HB3476 - 23 - LRB103 27485 MXP 53857 b
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a

HB3476 - 24 - LRB103 27485 MXP 53857 b
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform
the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit
to an alcohol or drug test as required by Section 6-106.1c
or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A

HB3476 - 25 - LRB103 27485 MXP 53857 b
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next work shift workshift.
An employing school board that fails to remove the offending
school bus driver from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A school bus
contractor who violates a provision of this Section is subject
to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.

HB3476 - 26 - LRB103 27485 MXP 53857 b
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised
12-14-22.)

HB3476 - 27 - LRB103 27485 MXP 53857 b
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
(Text of Section before amendment by P.A. 102-982)
Sec. 13-109. Safety test prior to application for license -
Subsequent tests - Repairs - Retest.
(a) Except as otherwise provided in Chapter 13, each
second division vehicle, first division vehicle including a
taxi which is used for a purpose that requires a school bus
driver permit, and medical transport vehicle, except those
vehicles other than school buses or medical transport vehicles
owned or operated by a municipal corporation or political
subdivision having a population of 1,000,000 or more
inhabitants which are subjected to safety tests imposed by
local ordinance or resolution, operated in whole or in part
over the highways of this State, motor vehicle used for driver
education training, and each vehicle designed to carry 15 or
fewer passengers operated by a contract carrier transporting
employees in the course of their employment on a highway of
this State, shall be subjected to the safety test provided for
in Chapter 13 of this Code. Tests shall be conducted at an
official testing station within 6 months prior to the
application for registration as provided for in this Code.
Subsequently each vehicle shall be subject to tests (i) at
least every 6 months, (ii) in the case of school buses and
first division vehicles including taxis which are used for a
purpose that requires a school bus driver permit, at least

HB3476 - 28 - LRB103 27485 MXP 53857 b
every 6 months or 10,000 miles, whichever occurs first, (iii)
in the case of driver education vehicles used by public high
schools, at least every 12 months for vehicles over 5 model
years of age or having an odometer reading of over 75,000
miles, whichever occurs first, or (iv) in the case of truck
tractors, semitrailers, and property-carrying vehicles
registered for a gross weight of more than 10,000 pounds but
less than 26,001 pounds, at least every 12 months, and
according to schedules established by rules and regulations
promulgated by the Department. Any component subject to
regular inspection which is damaged in a reportable accident
must be reinspected before the bus or first division vehicle
including a taxi which is used for a purpose that requires a
school bus driver permit is returned to service.
(b) The Department shall also conduct periodic
nonscheduled inspections of school buses, of buses registered
as charitable vehicles and of religious organization buses. If
such inspection reveals that a vehicle is not in substantial
compliance with the rules promulgated by the Department, the
Department shall remove the Certificate of Safety from the
vehicle, and shall place the vehicle out-of-service. A bright
orange, triangular decal shall be placed on an out-of-service
vehicle where the Certificate of Safety has been removed. The
vehicle must pass a safety test at an official testing station
before it is again placed in service.
(c) If the violation is not substantial a bright yellow,

HB3476 - 29 - LRB103 27485 MXP 53857 b
triangular sticker shall be placed next to the Certificate of
Safety at the time the nonscheduled inspection is made. The
Department shall reinspect the vehicle after 3 working days to
determine that the violation has been corrected and remove the
yellow, triangular decal. If the violation is not corrected
within 3 working days, the Department shall place the vehicle
out-of-service in accordance with procedures in subsection
(b).
(d) If a violation is not substantial and does not
directly affect the safe operation of the vehicle, the
Department shall issue a warning notice requiring correction
of the violation. Such correction shall be accomplished as
soon as practicable and a report of the correction shall be
made to the Department within 30 days in a manner established
by the Department. If the Department has not been advised that
the corrections have been made, and the violations still
exist, the Department shall place the vehicle out-of-service
in accordance with procedures in subsection (b).
(e) The Department is authorized to promulgate regulations
to implement its program of nonscheduled inspections. Causing
or allowing the operation of an out-of-service vehicle with
passengers or unauthorized removal of an out-of-service
sticker is a Class 3 felony. Causing or allowing the operation
of a vehicle with a 3-day sticker for longer than 3 days with
the sticker attached or the unauthorized removal of a 3-day
sticker is a Class C misdemeanor.

HB3476 - 30 - LRB103 27485 MXP 53857 b
(f) If a second division vehicle, first division vehicle
including a taxi which is used for a purpose that requires a
school bus driver permit, medical transport vehicle, or
vehicle operated by a contract carrier as provided in
subsection (a) of this Section is in safe mechanical
condition, as determined pursuant to Chapter 13, the operator
of the official testing station must at once issue to the
second division vehicle, first division vehicle including a
taxi which is used for a purpose that requires a school bus
driver permit, or medical transport vehicle a certificate of
safety, in the form and manner prescribed by the Department,
which shall be affixed to the vehicle by the certified safety
tester who performed the safety tests. The owner of the second
division vehicle, first division vehicle including a taxi
which is used for a purpose that requires a school bus driver
permit, or medical transport vehicle or the contract carrier
shall at all times display the Certificate of Safety on the
second division vehicle, first division vehicle including a
taxi which is used for a purpose that requires a school bus
driver permit, medical transport vehicle, or vehicle operated
by a contract carrier in the manner prescribed by the
Department.
(g) If a test shows that a second division vehicle, first
division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit, medical transport
vehicle, or vehicle operated by a contract carrier is not in

HB3476 - 31 - LRB103 27485 MXP 53857 b
safe mechanical condition as provided in this Section, it
shall not be operated on the highways until it has been
repaired and submitted to a retest at an official testing
station. If the owner or contract carrier submits the vehicle
to a retest at a different official testing station from that
where it failed to pass the first test, he or she shall present
to the operator of the second station the report of the
original test, and shall notify the Department in writing,
giving the name and address of the original testing station
and the defects which prevented the issuance of a Certificate
of Safety, and the name and address of the second official
testing station making the retest.
(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
(Text of Section after amendment by P.A. 102-982)
Sec. 13-109. Safety test prior to application for license;
subsequent tests; repairs; retest license - Subsequent tests -
Repairs - Retest.
(a) Except as otherwise provided in Chapter 13, each
second division vehicle, first division vehicle including a
taxi which is used for a purpose that requires a school bus
driver permit, and medical transport vehicle, except those
vehicles other than school buses or medical transport vehicles
owned or operated by a municipal corporation or political
subdivision having a population of 1,000,000 or more
inhabitants which are subjected to safety tests imposed by

HB3476 - 32 - LRB103 27485 MXP 53857 b
local ordinance or resolution, operated in whole or in part
over the highways of this State, motor vehicle used for driver
education training, and each vehicle designed to carry 15 or
fewer passengers operated by a contract carrier transporting
employees in the course of their employment on a highway of
this State, shall be subjected to the safety test provided for
in Chapter 13 of this Code. Tests shall be conducted at an
official testing station within 6 months prior to the
application for registration as provided for in this Code.
Subsequently each vehicle shall be subject to tests (i) at
least every 6 months, (i.5) in the case of first division
vehicles, including taxis that are used for a purpose that
requires a school bus driver permit, at least every 12 months,
(ii) in the case of school buses and first division vehicles
including taxis which are used for a purpose that requires a
school bus driver permit, at least every 6 months or 10,000
miles, whichever occurs first, (iii) in the case of driver
education vehicles used by public high schools, at least every
12 months for vehicles over 5 model years of age or having an
odometer reading of over 75,000 miles, whichever occurs first,
or (iv) in the case of truck tractors, semitrailers, and
property-carrying vehicles registered for a gross weight of
more than 10,000 pounds but less than 26,001 pounds, at least
every 12 months, and according to schedules established by
rules and regulations promulgated by the Department. Any
component subject to regular inspection which is damaged in a

HB3476 - 33 - LRB103 27485 MXP 53857 b
reportable crash must be reinspected before the bus or first
division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit is returned to
service.
(b) The Department shall also conduct periodic
nonscheduled inspections of school buses, of buses registered
as charitable vehicles and of religious organization buses. If
such inspection reveals that a vehicle is not in substantial
compliance with the rules promulgated by the Department, the
Department shall remove the Certificate of Safety from the
vehicle, and shall place the vehicle out-of-service. A bright
orange, triangular decal shall be placed on an out-of-service
vehicle where the Certificate of Safety has been removed. The
vehicle must pass a safety test at an official testing station
before it is again placed in service.
(c) If the violation is not substantial a bright yellow,
triangular sticker shall be placed next to the Certificate of
Safety at the time the nonscheduled inspection is made. The
Department shall reinspect the vehicle after 3 working days to
determine that the violation has been corrected and remove the
yellow, triangular decal. If the violation is not corrected
within 3 working days, the Department shall place the vehicle
out-of-service in accordance with procedures in subsection
(b).
(d) If a violation is not substantial and does not
directly affect the safe operation of the vehicle, the

HB3476 - 34 - LRB103 27485 MXP 53857 b
Department shall issue a warning notice requiring correction
of the violation. Such correction shall be accomplished as
soon as practicable and a report of the correction shall be
made to the Department within 30 days in a manner established
by the Department. If the Department has not been advised that
the corrections have been made, and the violations still
exist, the Department shall place the vehicle out-of-service
in accordance with procedures in subsection (b).
(e) The Department is authorized to promulgate regulations
to implement its program of nonscheduled inspections. Causing
or allowing the operation of an out-of-service vehicle with
passengers or unauthorized removal of an out-of-service
sticker is a Class 3 felony. Causing or allowing the operation
of a vehicle with a 3-day sticker for longer than 3 days with
the sticker attached or the unauthorized removal of a 3-day
sticker is a Class C misdemeanor.
(f) If a second division vehicle, first division vehicle
including a taxi which is used for a purpose that requires a
school bus driver permit, medical transport vehicle, or
vehicle operated by a contract carrier as provided in
subsection (a) of this Section is in safe mechanical
condition, as determined pursuant to Chapter 13, the operator
of the official testing station must at once issue to the
second division vehicle, first division vehicle including a
taxi which is used for a purpose that requires a school bus
driver permit, or medical transport vehicle a certificate of

HB3476 - 35 - LRB103 27485 MXP 53857 b
safety, in the form and manner prescribed by the Department,
which shall be affixed to the vehicle by the certified safety
tester who performed the safety tests. The owner of the second
division vehicle, first division vehicle including a taxi
which is used for a purpose that requires a school bus driver
permit, or medical transport vehicle or the contract carrier
shall at all times display the Certificate of Safety on the
second division vehicle, first division vehicle including a
taxi which is used for a purpose that requires a school bus
driver permit, medical transport vehicle, or vehicle operated
by a contract carrier in the manner prescribed by the
Department.
(g) If a test shows that a second division vehicle, first
division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit, medical transport
vehicle, or vehicle operated by a contract carrier is not in
safe mechanical condition as provided in this Section, it
shall not be operated on the highways until it has been
repaired and submitted to a retest at an official testing
station. If the owner or contract carrier submits the vehicle
to a retest at a different official testing station from that
where it failed to pass the first test, he or she shall present
to the operator of the second station the report of the
original test, and shall notify the Department in writing,
giving the name and address of the original testing station
and the defects which prevented the issuance of a Certificate

HB3476 - 36 - LRB103 27485 MXP 53857 b
of Safety, and the name and address of the second official
testing station making the retest.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect July 1,
2023.