VEH CD-SCH BUS DRIVER PERMIT

Illinois General Assembly - Full Text of HB5163

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Full Text of HB5163

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HB5163 - 104th General Assembly

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HB5163 Engrossed
LRB104 18219 LNS 31658 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Vehicle Code is amended by
5
changing Section 6-106.1 as follows:

6

(625 ILCS 5/6-106.1)
7

(Text of Section before amendment by P.A. 104-256
)
8

Sec. 6-106.1.
School bus driver permit.
9

(a) The Secretary of State shall issue a school bus driver
10
permit for the operation of first or second division vehicles
11
being operated as school buses or a permit valid only for the
12
operation of first division vehicles being operated as school
13
buses to those applicants who have met all the requirements of
14
the application and screening process under this Section to
15
insure the welfare and safety of children who are transported
16
on school buses throughout the State of Illinois. Applicants
17
shall obtain the proper application required by the Secretary
18
of State from their prospective or current employer and submit
19
the completed application to the prospective or current
20
employer along with the necessary fingerprint submission as
21
required by the Illinois State Police to conduct
22
fingerprint-based criminal background checks on current and
23
future information available in the State system and current

HB5163 Engrossed
- 2 -
LRB104 18219 LNS 31658 b
1
information available through the Federal Bureau of
2
Investigation's system. Applicants who have completed the
3
fingerprinting requirements shall not be subjected to the
4
fingerprinting process when applying for subsequent permits or
5
submitting proof of successful completion of the annual
6
refresher course. Individuals who on July 1, 1995 (the
7
effective date of Public Act 88-612) possess a valid school
8
bus driver permit that has been previously issued by the
9
appropriate Regional School Superintendent are not subject to
10
the fingerprinting provisions of this Section as long as the
11
permit remains valid and does not lapse. The applicant shall
12
be required to pay all related application and fingerprinting
13
fees as established by rule, including, but not limited to,
14
the amounts established by the Illinois State Police and the
15
Federal Bureau of Investigation to process fingerprint-based
16
criminal background investigations. All fees paid for
17
fingerprint processing services under this Section shall be
18
deposited into the State Police Services Fund for the cost
19
incurred in processing the fingerprint-based criminal
20
background investigations. All other fees paid under this
21
Section shall be deposited into the Road Fund for the purpose
22
of defraying the costs of the Secretary of State in
23
administering this Section. All applicants must:
24

1. be 21 years of age or older;
25

2. possess a valid and properly classified driver's
26

license issued by the Secretary of State;

HB5163 Engrossed
- 3 -
LRB104 18219 LNS 31658 b
1

3. possess a valid driver's license, which has not
2

been revoked, suspended, or canceled for 3 years
3

immediately prior to the date of application, or have not
4

had his or her commercial motor vehicle driving privileges
5

disqualified within the 3 years immediately prior to the
6

date of application;
7

4. unless the applicant holds a valid commercial
8

driver's license or a commercial driver's license that
9

expired in the preceding 30 days issued by another state
10

with a school bus and passenger endorsement, successfully
11

pass a first division or second division written test,
12

administered by the Secretary of State, on school bus
13

operation, school bus safety, and special traffic laws
14

relating to school buses and submit to a review of the
15

applicant's driving habits by the Secretary of State at
16

the time the written test is given. For purposes of this
17

paragraph, "state" means a state of the United States and
18

the District of Columbia;
19

5. demonstrate ability to exercise reasonable care in
20

the operation of school buses in accordance with rules
21

promulgated by the Secretary of State;
22

6. demonstrate physical fitness to operate school
23

buses by submitting the results of a medical examination,
24

including tests for drug use for each applicant not
25

subject to such testing pursuant to federal law, conducted
26

by a licensed physician, a licensed advanced practice

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

registered nurse, or a licensed physician assistant within
2

90 days of the date of application according to standards
3

promulgated by the Secretary of State;
4

7. affirm under penalties of perjury that he or she
5

has not made a false statement or knowingly concealed a
6

material fact in any application for permit;
7

8. have completed an initial classroom course,
8

including first aid procedures, in school bus driver
9

safety as promulgated by the Secretary of State and, after
10

satisfactory completion of said initial course, an annual
11

refresher course; such courses and the agency or
12

organization conducting such courses shall be approved by
13

the Secretary of State; failure to complete the annual
14

refresher course shall result in cancellation of the
15

permit until such course is completed;
16

9. not have been under an order of court supervision
17

for or convicted of 2 or more serious traffic offenses, as
18

defined by rule, within one year prior to the date of
19

application that may endanger the life or safety of any of
20

the driver's passengers within the duration of the permit
21

period;
22

10. not have been under an order of court supervision
23

for or convicted of reckless driving, aggravated reckless
24

driving, driving while under the influence of alcohol,
25

other drug or drugs, intoxicating compound or compounds or
26

any combination thereof, or reckless homicide resulting

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

from the operation of a motor vehicle within 3 years of the
2

date of application;
3

11. not have been convicted of committing or
4

attempting to commit any one or more of the following
5

offenses: (i) those offenses defined in Sections 8-1,
6

8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
7

10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
8

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
9

11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
10

11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11

11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12

11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22,
13

11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05,
14

12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
15

12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6,
16

12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
17

12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33,
18

12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
19

18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20

20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
21

24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
22

33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
23

of Section 24-3, and those offenses contained in Article
24

29D of the Criminal Code of 1961 or the Criminal Code of
25

2012; (ii) those offenses defined in the Cannabis Control
26

Act except those offenses defined in subsections (a) and

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

(b) of Section 4, and subsection (a) of Section 5 of the
2

Cannabis Control Act; (iii) those offenses defined in the
3

Illinois Controlled Substances Act; (iv) those offenses
4

defined in the Methamphetamine Control and Community
5

Protection Act; (v) any offense committed or attempted in
6

any other state or against the laws of the United States,
7

which if committed or attempted in this State would be
8

punishable as one or more of the foregoing offenses; (vi)
9

the offenses defined in Section 4.1 and 5.1 of the Wrongs
10

to Children Act or Section 11-9.1A of the Criminal Code of
11

1961 or the Criminal Code of 2012; (vii) those offenses
12

defined in Section 6-16 of the Liquor Control Act of 1934;
13

and (viii) those offenses defined in the Methamphetamine
14

Precursor Control Act;
15

12. not have been repeatedly involved as a driver in
16

motor vehicle collisions or been repeatedly convicted of
17

offenses against laws and ordinances regulating the
18

movement of traffic, to a degree which indicates lack of
19

ability to exercise ordinary and reasonable care in the
20

safe operation of a motor vehicle or disrespect for the
21

traffic laws and the safety of other persons upon the
22

highway;
23

13. not have, through the unlawful operation of a
24

motor vehicle, caused a crash resulting in the death of
25

any person;
26

14. not have, within the last 5 years, been adjudged

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

to be afflicted with or suffering from any mental
2

disability or disease;
3

15. consent, in writing, to the release of results of
4

reasonable suspicion drug and alcohol testing under
5

Section 6-106.1c of this Code by the employer of the
6

applicant to the Secretary of State; and
7

16. not have been convicted of committing or
8

attempting to commit within the last 20 years: (i) an
9

offense defined in subsection (c) of Section 4, subsection
10

(b) of Section 5, and subsection (a) of Section 8 of the
11

Cannabis Control Act; or (ii) any offenses in any other
12

state or against the laws of the United States that, if
13

committed or attempted in this State, would be punishable
14

as one or more of the foregoing offenses.
15

(a-5) If an applicant's driver's license has been
16
suspended within the 3 years immediately prior to the date of
17
application for the sole reason of failure to pay child
18
support, that suspension shall not bar the applicant from
19
receiving a school bus driver permit.
20

(a-10) By January 1, 2024, the Secretary of State, in
21
conjunction with the Illinois State Board of Education, shall
22
develop a separate classroom course and refresher course for
23
operation of vehicles of the first division being operated as
24
school buses. Regional superintendents of schools, working
25
with the Illinois State Board of Education, shall offer the
26
course
virtually by January 1, 2027
.

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

(a-15) By January 1, 2027, the Secretary of State shall
2
make the written test for the operation of vehicles of the
3
first division being operated as school buses available for
4
completion online.

5

(b) A school bus driver permit shall be valid for a period
6
specified by the Secretary of State as set forth by rule. It
7
shall be renewable upon compliance with subsection (a) of this
8
Section.
9

(c) A school bus driver permit shall contain the holder's
10
driver's license number, legal name, residence address, zip
11
code, and date of birth, a brief description of the holder, and
12
a space for signature. The Secretary of State may require a
13
suitable photograph of the holder.
14

(d) The employer shall be responsible for conducting a
15
pre-employment interview with prospective school bus driver
16
candidates, distributing school bus driver applications and
17
medical forms to be completed by the applicant, and submitting
18
the applicant's fingerprint cards to the Illinois State Police
19
that are required for the criminal background investigations.
20
The employer shall certify in writing to the Secretary of
21
State that all pre-employment conditions have been
22
successfully completed including the successful completion of
23
an Illinois specific criminal background investigation through
24
the Illinois State Police and the submission of necessary
25
fingerprints to the Federal Bureau of Investigation for
26
criminal history information available through the Federal

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
Bureau of Investigation system. The applicant shall present
2
the certification to the Secretary of State at the time of
3
submitting the school bus driver permit application.
4

(e) Permits shall initially be provisional upon receiving
5
certification from the employer that all pre-employment
6
conditions have been successfully completed, and upon
7
successful completion of all training and examination
8
requirements for the classification of the vehicle to be
9
operated, the Secretary of State shall provisionally issue a
10
School Bus Driver Permit. The permit shall remain in a
11
provisional status pending the completion of the Federal
12
Bureau of Investigation's criminal background investigation
13
based upon fingerprinting specimens submitted to the Federal
14
Bureau of Investigation by the Illinois State Police. The
15
Federal Bureau of Investigation shall report the findings
16
directly to the Secretary of State. The Secretary of State
17
shall remove the bus driver permit from provisional status
18
upon the applicant's successful completion of the Federal
19
Bureau of Investigation's criminal background investigation.
20

(f) A school bus driver permit holder shall notify the
21
employer and the Secretary of State if he or she is issued an
22
order of court supervision for or convicted in another state
23
of an offense that would make him or her ineligible for a
24
permit under subsection (a) of this Section. The written
25
notification shall be made within 5 days of the entry of the
26
order of court supervision or conviction. Failure of the

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
permit holder to provide the notification is punishable as a
2
petty offense for a first violation and a Class B misdemeanor
3
for a second or subsequent violation.
4

(g) Cancellation; suspension; notice and procedure.
5

(1) The Secretary of State shall cancel a school bus
6

driver permit of an applicant whose criminal background
7

investigation discloses that he or she is not in
8

compliance with the provisions of subsection (a) of this
9

Section.
10

(2) The Secretary of State shall cancel a school bus
11

driver permit when he or she receives notice that the
12

permit holder fails to comply with any provision of this
13

Section or any rule promulgated for the administration of
14

this Section.
15

(3) The Secretary of State shall cancel a school bus
16

driver permit if the permit holder's restricted commercial
17

or commercial driving privileges are withdrawn or
18

otherwise invalidated.
19

(4) The Secretary of State may not issue a school bus
20

driver permit for a period of 3 years to an applicant who
21

fails to obtain a negative result on a drug test as
22

required in item 6 of subsection (a) of this Section or
23

under federal law.
24

(5) The Secretary of State shall forthwith suspend a
25

school bus driver permit for a period of 3 years upon
26

receiving notice that the holder has failed to obtain a

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

negative result on a drug test as required in item 6 of
2

subsection (a) of this Section or under federal law.
3

(6) The Secretary of State shall suspend a school bus
4

driver permit for a period of 3 years upon receiving
5

notice from the employer that the holder failed to perform
6

the inspection procedure set forth in subsection (a) or
7

(b) of Section 12-816 of this Code.
8

(7) The Secretary of State shall suspend a school bus
9

driver permit for a period of 3 years upon receiving
10

notice from the employer that the holder refused to submit
11

to an alcohol or drug test as required by Section 6-106.1c
12

or has submitted to a test required by that Section which
13

disclosed an alcohol concentration of more than 0.00 or
14

disclosed a positive result on a National Institute on
15

Drug Abuse five-drug panel, utilizing federal standards
16

set forth in 49 CFR 40.87.
17

The Secretary of State shall notify the State
18
Superintendent of Education and the permit holder's
19
prospective or current employer that the applicant (1) has
20
failed a criminal background investigation or (2) is no longer
21
eligible for a school bus driver permit; and of the related
22
cancellation of the applicant's provisional school bus driver
23
permit. The cancellation shall remain in effect pending the
24
outcome of a hearing pursuant to Section 2-118 of this Code.
25
The scope of the hearing shall be limited to the issuance
26
criteria contained in subsection (a) of this Section. A

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
petition requesting a hearing shall be submitted to the
2
Secretary of State and shall contain the reason the individual
3
feels he or she is entitled to a school bus driver permit. The
4
permit holder's employer shall notify in writing to the
5
Secretary of State that the employer has certified the removal
6
of the offending school bus driver from service prior to the
7
start of that school bus driver's next work shift. An
8
employing school board that fails to remove the offending
9
school bus driver from service is subject to the penalties
10
defined in Section 3-14.23 of the School Code. A school bus
11
contractor who violates a provision of this Section is subject
12
to the penalties defined in Section 6-106.11.
13

All valid school bus driver permits issued under this
14
Section prior to January 1, 1995, shall remain effective until
15
their expiration date unless otherwise invalidated.
16

(h) When a school bus driver permit holder who is a service
17
member is called to active duty, the employer of the permit
18
holder shall notify the Secretary of State, within 30 days of
19
notification from the permit holder, that the permit holder
20
has been called to active duty. Upon notification pursuant to
21
this subsection, (i) the Secretary of State shall characterize
22
the permit as inactive until a permit holder renews the permit
23
as provided in subsection (i) of this Section, and (ii) if a
24
permit holder fails to comply with the requirements of this
25
Section while called to active duty, the Secretary of State
26
shall not characterize the permit as invalid.

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

(i) A school bus driver permit holder who is a service
2
member returning from active duty must, within 90 days, renew
3
a permit characterized as inactive pursuant to subsection (h)
4
of this Section by complying with the renewal requirements of
5
subsection (b) of this Section.
6

(j) For purposes of subsections (h) and (i) of this
7
Section:
8

"Active duty" means active duty pursuant to an executive
9
order of the President of the United States, an act of the
10
Congress of the United States, or an order of the Governor.
11

"Service member" means a member of the Armed Services or
12
reserve forces of the United States or a member of the Illinois
13
National Guard.
14

(k) A private carrier employer of a school bus driver
15
permit holder, having satisfied the employer requirements of
16
this Section, shall be held to a standard of ordinary care for
17
intentional acts committed in the course of employment by the
18
bus driver permit holder. This subsection (k) shall in no way
19
limit the liability of the private carrier employer for
20
violation of any provision of this Section or for the
21
negligent hiring or retention of a school bus driver permit
22
holder.
23
(Source: P.A. 103-605, eff. 7-1-24; 103-825, eff. 1-1-25;
24
104-260, eff. 8-15-25.)

25

(Text of Section after amendment by P.A. 104-256
)

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

Sec. 6-106.1.
School bus driver permit.
2

(a) The Secretary of State shall issue a school bus driver
3
permit for the operation of first or second division vehicles
4
being operated as school buses, a permit valid only for the
5
operation of first division vehicles being operated as school
6
buses, or a school bus permit with a restriction valid for the
7
operation of a first division vehicle being operated as a
8
school bus or a multifunction school activity bus designed to
9
carry up to 15 passengers, including the driver, when being
10
used for curriculum-related activities as set forth in Section
11
11-1414.1 of this Code, to those applicants who have met all
12
the requirements of the application and screening process
13
under this Section to insure the welfare and safety of
14
children who are transported on school buses throughout the
15
State of Illinois. Applicants shall obtain the proper
16
application required by the Secretary of State from their
17
prospective or current employer and submit the completed
18
application to the prospective or current employer along with
19
the necessary fingerprint submission as required by the
20
Illinois State Police to conduct fingerprint-based criminal
21
background checks on current and future information available
22
in the State system and current information available through
23
the Federal Bureau of Investigation's system. Applicants who
24
have completed the fingerprinting requirements shall not be
25
subjected to the fingerprinting process when applying for
26
subsequent permits or submitting proof of successful

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
completion of the annual refresher course. Individuals who on
2
July 1, 1995 (the effective date of Public Act 88-612) possess
3
a valid school bus driver permit that has been previously
4
issued by the appropriate Regional School Superintendent are
5
not subject to the fingerprinting provisions of this Section
6
as long as the permit remains valid and does not lapse. The
7
applicant shall be required to pay all related application and
8
fingerprinting fees as established by rule, including, but not
9
limited to, the amounts established by the Illinois State
10
Police and the Federal Bureau of Investigation to process
11
fingerprint-based criminal background investigations. All fees
12
paid for fingerprint processing services under this Section
13
shall be deposited into the State Police Services Fund for the
14
cost incurred in processing the fingerprint-based criminal
15
background investigations. All other fees paid under this
16
Section shall be deposited into the Road Fund for the purpose
17
of defraying the costs of the Secretary of State in
18
administering this Section. All applicants must:
19

1. be 21 years of age or older;
20

2. possess a valid and properly classified driver's
21

license issued by the Secretary of State;
22

3. possess a valid driver's license, which has not
23

been revoked, suspended, or canceled for 3 years
24

immediately prior to the date of application, or have not
25

had his or her commercial motor vehicle driving privileges
26

disqualified within the 3 years immediately prior to the

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

date of application;
2

4. unless the applicant holds a valid commercial
3

driver's license or a commercial driver's license that
4

expired in the preceding 30 days issued by another state
5

with a school bus and passenger endorsement, successfully
6

pass a first division or second division written test,
7

administered by the Secretary of State, on school bus
8

operation, school bus safety, and special traffic laws
9

relating to school buses and submit to a review of the
10

applicant's driving habits by the Secretary of State at
11

the time the written test is given. For purposes of this
12

paragraph, "state" means a state of the United States and
13

the District of Columbia;
14

5. demonstrate ability to exercise reasonable care in
15

the operation of school buses in accordance with rules
16

promulgated by the Secretary of State;
17

6. demonstrate physical fitness to operate school
18

buses by submitting the results of a medical examination,
19

including tests for drug use for each applicant not
20

subject to such testing pursuant to federal law, conducted
21

by a licensed physician, a licensed advanced practice
22

registered nurse, or a licensed physician assistant within
23

90 days of the date of application according to standards
24

promulgated by the Secretary of State;
25

7. affirm under penalties of perjury that he or she
26

has not made a false statement or knowingly concealed a

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1

material fact in any application for permit;
2

8. have completed an initial classroom course,
3

including first aid procedures, in school bus driver
4

safety as promulgated by the Secretary of State and, after
5

satisfactory completion of said initial course, an annual
6

refresher course; such courses and the agency or
7

organization conducting such courses shall be approved by
8

the Secretary of State; failure to complete the annual
9

refresher course shall result in cancellation of the
10

permit until such course is completed;
11

9. not have been under an order of court supervision
12

for or convicted of 2 or more serious traffic offenses, as
13

defined by rule, within one year prior to the date of
14

application that may endanger the life or safety of any of
15

the driver's passengers within the duration of the permit
16

period;
17

10. not have been under an order of court supervision
18

for or convicted of reckless driving, aggravated reckless
19

driving, driving while under the influence of alcohol,
20

other drug or drugs, intoxicating compound or compounds or
21

any combination thereof, or reckless homicide resulting
22

from the operation of a motor vehicle within 3 years of the
23

date of application;
24

11. not have been convicted of committing or
25

attempting to commit any one or more of the following
26

offenses: (i) those offenses defined in Sections 8-1,

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1

8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2

10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4

11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5

11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6

11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7

11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22,
8

11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05,
9

12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
10

12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6,
11

12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12

12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33,
13

12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
14

18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
15

20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
16

24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
17

33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
18

of Section 24-3, and those offenses contained in Article
19

29D of the Criminal Code of 1961 or the Criminal Code of
20

2012; (ii) those offenses defined in the Cannabis Control
21

Act except those offenses defined in subsections (a) and
22

(b) of Section 4, and subsection (a) of Section 5 of the
23

Cannabis Control Act; (iii) those offenses defined in the
24

Illinois Controlled Substances Act; (iv) those offenses
25

defined in the Methamphetamine Control and Community
26

Protection Act; (v) any offense committed or attempted in

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1

any other state or against the laws of the United States,
2

which if committed or attempted in this State would be
3

punishable as one or more of the foregoing offenses; (vi)
4

the offenses defined in Section 4.1 and 5.1 of the Wrongs
5

to Children Act or Section 11-9.1A of the Criminal Code of
6

1961 or the Criminal Code of 2012; (vii) those offenses
7

defined in Section 6-16 of the Liquor Control Act of 1934;
8

and (viii) those offenses defined in the Methamphetamine
9

Precursor Control Act;
10

12. not have been repeatedly involved as a driver in
11

motor vehicle collisions or been repeatedly convicted of
12

offenses against laws and ordinances regulating the
13

movement of traffic, to a degree which indicates lack of
14

ability to exercise ordinary and reasonable care in the
15

safe operation of a motor vehicle or disrespect for the
16

traffic laws and the safety of other persons upon the
17

highway;
18

13. not have, through the unlawful operation of a
19

motor vehicle, caused a crash resulting in the death of
20

any person;
21

14. not have, within the last 5 years, been adjudged
22

to be afflicted with or suffering from any mental
23

disability or disease;
24

15. consent, in writing, to the release of results of
25

reasonable suspicion drug and alcohol testing under
26

Section 6-106.1c of this Code by the employer of the

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1

applicant to the Secretary of State; and
2

16. not have been convicted of committing or
3

attempting to commit within the last 20 years: (i) an
4

offense defined in subsection (c) of Section 4, subsection
5

(b) of Section 5, and subsection (a) of Section 8 of the
6

Cannabis Control Act; or (ii) any offenses in any other
7

state or against the laws of the United States that, if
8

committed or attempted in this State, would be punishable
9

as one or more of the foregoing offenses.
10

(a-5) If an applicant's driver's license has been
11
suspended within the 3 years immediately prior to the date of
12
application for the sole reason of failure to pay child
13
support, that suspension shall not bar the applicant from
14
receiving a school bus driver permit.
15

(a-10) By January 1, 2024, the Secretary of State, in
16
conjunction with the Illinois State Board of Education, shall
17
develop a separate classroom course and refresher course for
18
operation of vehicles of the first division being operated as
19
school buses. Regional superintendents of schools, working
20
with the Illinois State Board of Education, shall offer the
21
course
virtually by January 1, 2027
.
22

(a-15) By January 1, 2027, the Secretary of State shall
23
make the written test for the operation of vehicles of the
24
first division being operated as school buses available for
25
completion online.

26

(b) A school bus driver permit shall be valid for a period

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
specified by the Secretary of State as set forth by rule. It
2
shall be renewable upon compliance with subsection (a) of this
3
Section.
4

(c) A school bus driver permit shall contain the holder's
5
driver's license number, legal name, residence address, zip
6
code, and date of birth, a brief description of the holder, and
7
a space for signature. The Secretary of State may require a
8
suitable photograph of the holder.
9

(d) The employer shall be responsible for conducting a
10
pre-employment interview with prospective school bus driver
11
candidates, distributing school bus driver applications and
12
medical forms to be completed by the applicant, and submitting
13
the applicant's fingerprint cards to the Illinois State Police
14
that are required for the criminal background investigations.
15
The employer shall certify in writing to the Secretary of
16
State that all pre-employment conditions have been
17
successfully completed including the successful completion of
18
an Illinois specific criminal background investigation through
19
the Illinois State Police and the submission of necessary
20
fingerprints to the Federal Bureau of Investigation for
21
criminal history information available through the Federal
22
Bureau of Investigation system. The applicant shall present
23
the certification to the Secretary of State at the time of
24
submitting the school bus driver permit application.
25

(e) Permits shall initially be provisional upon receiving
26
certification from the employer that all pre-employment

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
conditions have been successfully completed, and upon
2
successful completion of all training and examination
3
requirements for the classification of the vehicle to be
4
operated, the Secretary of State shall provisionally issue a
5
School Bus Driver Permit. The permit shall remain in a
6
provisional status pending the completion of the Federal
7
Bureau of Investigation's criminal background investigation
8
based upon fingerprinting specimens submitted to the Federal
9
Bureau of Investigation by the Illinois State Police. The
10
Federal Bureau of Investigation shall report the findings
11
directly to the Secretary of State. The Secretary of State
12
shall remove the bus driver permit from provisional status
13
upon the applicant's successful completion of the Federal
14
Bureau of Investigation's criminal background investigation.
15

(f) A school bus driver permit holder shall notify the
16
employer and the Secretary of State if he or she is issued an
17
order of court supervision for or convicted in another state
18
of an offense that would make him or her ineligible for a
19
permit under subsection (a) of this Section. The written
20
notification shall be made within 5 days of the entry of the
21
order of court supervision or conviction. Failure of the
22
permit holder to provide the notification is punishable as a
23
petty offense for a first violation and a Class B misdemeanor
24
for a second or subsequent violation.
25

(g) Cancellation; suspension; notice and procedure.
26

(1) The Secretary of State shall cancel a school bus

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

driver permit of an applicant whose criminal background
2

investigation discloses that he or she is not in
3

compliance with the provisions of subsection (a) of this
4

Section.
5

(2) The Secretary of State shall cancel a school bus
6

driver permit when he or she receives notice that the
7

permit holder fails to comply with any provision of this
8

Section or any rule promulgated for the administration of
9

this Section.
10

(3) The Secretary of State shall cancel a school bus
11

driver permit if the permit holder's restricted commercial
12

or commercial driving privileges are withdrawn or
13

otherwise invalidated.
14

(4) The Secretary of State may not issue a school bus
15

driver permit for a period of 3 years to an applicant who
16

fails to obtain a negative result on a drug test as
17

required in item 6 of subsection (a) of this Section or
18

under federal law.
19

(5) The Secretary of State shall forthwith suspend a
20

school bus driver permit for a period of 3 years upon
21

receiving notice that the holder has failed to obtain a
22

negative result on a drug test as required in item 6 of
23

subsection (a) of this Section or under federal law.
24

(6) The Secretary of State shall suspend a school bus
25

driver permit for a period of 3 years upon receiving
26

notice from the employer that the holder failed to perform

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1

the inspection procedure set forth in subsection (a) or
2

(b) of Section 12-816 of this Code.
3

(7) The Secretary of State shall suspend a school bus
4

driver permit for a period of 3 years upon receiving
5

notice from the employer that the holder refused to submit
6

to an alcohol or drug test as required by Section 6-106.1c
7

or has submitted to a test required by that Section which
8

disclosed an alcohol concentration of more than 0.00 or
9

disclosed a positive result on a National Institute on
10

Drug Abuse five-drug panel, utilizing federal standards
11

set forth in 49 CFR 40.87.
12

The Secretary of State shall notify the State
13
Superintendent of Education and the permit holder's
14
prospective or current employer that the applicant (1) has
15
failed a criminal background investigation or (2) is no longer
16
eligible for a school bus driver permit; and of the related
17
cancellation of the applicant's provisional school bus driver
18
permit. The cancellation shall remain in effect pending the
19
outcome of a hearing pursuant to Section 2-118 of this Code.
20
The scope of the hearing shall be limited to the issuance
21
criteria contained in subsection (a) of this Section. A
22
petition requesting a hearing shall be submitted to the
23
Secretary of State and shall contain the reason the individual
24
feels he or she is entitled to a school bus driver permit. The
25
permit holder's employer shall notify in writing to the
26
Secretary of State that the employer has certified the removal

HB5163 Engrossed
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1
of the offending school bus driver from service prior to the
2
start of that school bus driver's next work shift. An
3
employing school board that fails to remove the offending
4
school bus driver from service is subject to the penalties
5
defined in Section 3-14.23 of the School Code. A school bus
6
contractor who violates a provision of this Section is subject
7
to the penalties defined in Section 6-106.11.
8

All valid school bus driver permits issued under this
9
Section prior to January 1, 1995, shall remain effective until
10
their expiration date unless otherwise invalidated.
11

(h) When a school bus driver permit holder who is a service
12
member is called to active duty, the employer of the permit
13
holder shall notify the Secretary of State, within 30 days of
14
notification from the permit holder, that the permit holder
15
has been called to active duty. Upon notification pursuant to
16
this subsection, (i) the Secretary of State shall characterize
17
the permit as inactive until a permit holder renews the permit
18
as provided in subsection (i) of this Section, and (ii) if a
19
permit holder fails to comply with the requirements of this
20
Section while called to active duty, the Secretary of State
21
shall not characterize the permit as invalid.
22

(i) A school bus driver permit holder who is a service
23
member returning from active duty must, within 90 days, renew
24
a permit characterized as inactive pursuant to subsection (h)
25
of this Section by complying with the renewal requirements of
26
subsection (b) of this Section.

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LRB104 18219 LNS 31658 b
1

(j) For purposes of subsections (h) and (i) of this
2
Section:
3

"Active duty" means active duty pursuant to an executive
4
order of the President of the United States, an act of the
5
Congress of the United States, or an order of the Governor.
6

"Service member" means a member of the Armed Services or
7
reserve forces of the United States or a member of the Illinois
8
National Guard.
9

(k) A private carrier employer of a school bus driver
10
permit holder, having satisfied the employer requirements of
11
this Section, shall be held to a standard of ordinary care for
12
intentional acts committed in the course of employment by the
13
bus driver permit holder. This subsection (k) shall in no way
14
limit the liability of the private carrier employer for
15
violation of any provision of this Section or for the
16
negligent hiring or retention of a school bus driver permit
17
holder.
18

(l) The Secretary may adopt rules to implement this
19
Section.
20
(Source: P.A. 103-605, eff. 7-1-24; 103-825, eff. 1-1-25;
21
104-256, eff. 7-1-26; 104-260, eff. 8-15-25; revised 9-12-25.)

22

Section 95.
No acceleration or delay.
Where this Act makes
23
changes in a statute that is represented in this Act by text
24
that is not yet or no longer in effect (for example, a Section
25
represented by multiple versions), the use of that text does

HB5163 Engrossed
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LRB104 18219 LNS 31658 b
1
not accelerate or delay the taking effect of (i) the changes
2
made by this Act or (ii) provisions derived from any other
3
Public Act.

4

Section 99.
Effective date.
This Act takes effect upon
5
becoming law.

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