97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0977

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-106.1

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning school bus driver permits.


LRB097 04727 HEP 44766 b

 

 

A BILL FOR

 

SB0977LRB097 04727 HEP 44766 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-106.1 as follows:
 
6    (625 ILCS 5/6-106.1)
7    Sec. 6-106.1. School bus driver permit.
8    (a) The The Secretary of State shall issue a school bus
9driver permit to those applicants who have met all the
10requirements of the application and screening process under
11this Section to insure the welfare and safety of children who
12are transported on school buses throughout the State of
13Illinois. Applicants shall obtain the proper application
14required by the Secretary of State from their prospective or
15current employer and submit the completed application to the
16prospective or current employer along with the necessary
17fingerprint submission as required by the Department of State
18Police to conduct fingerprint based criminal background checks
19on current and future information available in the state system
20and current information available through the Federal Bureau of
21Investigation's system. Applicants who have completed the
22fingerprinting requirements shall not be subjected to the
23fingerprinting process when applying for subsequent permits or

 

 

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1submitting proof of successful completion of the annual
2refresher course. Individuals who on the effective date of this
3Act possess a valid school bus driver permit that has been
4previously issued by the appropriate Regional School
5Superintendent are not subject to the fingerprinting
6provisions of this Section as long as the permit remains valid
7and does not lapse. The applicant shall be required to pay all
8related application and fingerprinting fees as established by
9rule including, but not limited to, the amounts established by
10the Department of State Police and the Federal Bureau of
11Investigation to process fingerprint based criminal background
12investigations. All fees paid for fingerprint processing
13services under this Section shall be deposited into the State
14Police Services Fund for the cost incurred in processing the
15fingerprint based criminal background investigations. All
16other fees paid under this Section shall be deposited into the
17Road Fund for the purpose of defraying the costs of the
18Secretary of State in administering this Section. All
19applicants must:
20        1. be 21 years of age or older;
21        2. possess a valid and properly classified driver's
22    license issued by the Secretary of State;
23        3. possess a valid driver's license, which has not been
24    revoked, suspended, or canceled for 3 years immediately
25    prior to the date of application, or have not had his or
26    her commercial motor vehicle driving privileges

 

 

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1    disqualified within the 3 years immediately prior to the
2    date of application;
3        4. successfully pass a written test, administered by
4    the Secretary of State, on school bus operation, school bus
5    safety, and special traffic laws relating to school buses
6    and submit to a review of the applicant's driving habits by
7    the Secretary of State at the time the written test is
8    given;
9        5. demonstrate ability to exercise reasonable care in
10    the operation of school buses in accordance with rules
11    promulgated by the Secretary of State;
12        6. demonstrate physical fitness to operate school
13    buses by submitting the results of a medical examination,
14    including tests for drug use for each applicant not subject
15    to such testing pursuant to federal law, conducted by a
16    licensed physician, an advanced practice nurse who has a
17    written collaborative agreement with a collaborating
18    physician which authorizes him or her to perform medical
19    examinations, or a physician assistant who has been
20    delegated the performance of medical examinations by his or
21    her supervising physician within 90 days of the date of
22    application according to standards promulgated by the
23    Secretary of State;
24        7. affirm under penalties of perjury that he or she has
25    not made a false statement or knowingly concealed a
26    material fact in any application for permit;

 

 

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1        8. have completed an initial classroom course,
2    including first aid procedures, in school bus driver safety
3    as promulgated by the Secretary of State; and after
4    satisfactory completion of said initial course an annual
5    refresher course; such courses and the agency or
6    organization conducting such courses shall be approved by
7    the Secretary of State; failure to complete the annual
8    refresher course, shall result in cancellation of the
9    permit until such course is completed;
10        9. not have been convicted of 2 or more serious traffic
11    offenses, as defined by rule, within one year prior to the
12    date of application that may endanger the life or safety of
13    any of the driver's passengers within the duration of the
14    permit period;
15        10. not have been convicted of reckless driving,
16    aggravated reckless driving, driving while under the
17    influence of alcohol, other drug or drugs, intoxicating
18    compound or compounds or any combination thereof, or
19    reckless homicide resulting from the operation of a motor
20    vehicle within 3 years of the date of application;
21        11. not have been convicted of committing or attempting
22    to commit any one or more of the following offenses: (i)
23    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
24    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
25    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
26    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,

 

 

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1    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
2    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
3    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
4    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
5    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
6    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
7    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
8    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
9    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
10    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
11    Section 8-1, and in subsection (a) and subsection (b),
12    clause (1), of Section 12-4, and in subsection (A), clauses
13    (a) and (b), of Section 24-3, and those offenses contained
14    in Article 29D of the Criminal Code of 1961; (ii) those
15    offenses defined in the Cannabis Control Act except those
16    offenses defined in subsections (a) and (b) of Section 4,
17    and subsection (a) of Section 5 of the Cannabis Control
18    Act; (iii) those offenses defined in the Illinois
19    Controlled Substances Act; (iv) those offenses defined in
20    the Methamphetamine Control and Community Protection Act;
21    (v) any offense committed or attempted in any other state
22    or against the laws of the United States, which if
23    committed or attempted in this State would be punishable as
24    one or more of the foregoing offenses; (vi) the offenses
25    defined in Section 4.1 and 5.1 of the Wrongs to Children
26    Act; (vii) those offenses defined in Section 6-16 of the

 

 

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1    Liquor Control Act of 1934; and (viii) those offenses
2    defined in the Methamphetamine Precursor Control Act; .
3        12. not have been repeatedly involved as a driver in
4    motor vehicle collisions or been repeatedly convicted of
5    offenses against laws and ordinances regulating the
6    movement of traffic, to a degree which indicates lack of
7    ability to exercise ordinary and reasonable care in the
8    safe operation of a motor vehicle or disrespect for the
9    traffic laws and the safety of other persons upon the
10    highway;
11        13. not have, through the unlawful operation of a motor
12    vehicle, caused an accident resulting in the death of any
13    person; and
14        14. not have, within the last 5 years, been adjudged to
15    be afflicted with or suffering from any mental disability
16    or disease.
17    (b) A school bus driver permit shall be valid for a period
18specified by the Secretary of State as set forth by rule. It
19shall be renewable upon compliance with subsection (a) of this
20Section.
21    (c) A school bus driver permit shall contain the holder's
22driver's license number, legal name, residence address, zip
23code, social security number and date of birth, a brief
24description of the holder and a space for signature. The
25Secretary of State may require a suitable photograph of the
26holder.

 

 

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1    (d) The employer shall be responsible for conducting a
2pre-employment interview with prospective school bus driver
3candidates, distributing school bus driver applications and
4medical forms to be completed by the applicant, and submitting
5the applicant's fingerprint cards to the Department of State
6Police that are required for the criminal background
7investigations. The employer shall certify in writing to the
8Secretary of State that all pre-employment conditions have been
9successfully completed including the successful completion of
10an Illinois specific criminal background investigation through
11the Department of State Police and the submission of necessary
12fingerprints to the Federal Bureau of Investigation for
13criminal history information available through the Federal
14Bureau of Investigation system. The applicant shall present the
15certification to the Secretary of State at the time of
16submitting the school bus driver permit application.
17    (e) Permits shall initially be provisional upon receiving
18certification from the employer that all pre-employment
19conditions have been successfully completed, and upon
20successful completion of all training and examination
21requirements for the classification of the vehicle to be
22operated, the Secretary of State shall provisionally issue a
23School Bus Driver Permit. The permit shall remain in a
24provisional status pending the completion of the Federal Bureau
25of Investigation's criminal background investigation based
26upon fingerprinting specimens submitted to the Federal Bureau

 

 

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1of Investigation by the Department of State Police. The Federal
2Bureau of Investigation shall report the findings directly to
3the Secretary of State. The Secretary of State shall remove the
4bus driver permit from provisional status upon the applicant's
5successful completion of the Federal Bureau of Investigation's
6criminal background investigation.
7    (f) A school bus driver permit holder shall notify the
8employer and the Secretary of State if he or she is convicted
9in another state of an offense that would make him or her
10ineligible for a permit under subsection (a) of this Section.
11The written notification shall be made within 5 days of the
12entry of the conviction. Failure of the permit holder to
13provide the notification is punishable as a petty offense for a
14first violation and a Class B misdemeanor for a second or
15subsequent violation.
16    (g) Cancellation; suspension; notice and procedure.
17        (1) The Secretary of State shall cancel a school bus
18    driver permit of an applicant whose criminal background
19    investigation discloses that he or she is not in compliance
20    with the provisions of subsection (a) of this Section.
21        (2) The Secretary of State shall cancel a school bus
22    driver permit when he or she receives notice that the
23    permit holder fails to comply with any provision of this
24    Section or any rule promulgated for the administration of
25    this Section.
26        (3) The Secretary of State shall cancel a school bus

 

 

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1    driver permit if the permit holder's restricted commercial
2    or commercial driving privileges are withdrawn or
3    otherwise invalidated.
4        (4) The Secretary of State may not issue a school bus
5    driver permit for a period of 3 years to an applicant who
6    fails to obtain a negative result on a drug test as
7    required in item 6 of subsection (a) of this Section or
8    under federal law.
9        (5) The Secretary of State shall forthwith suspend a
10    school bus driver permit for a period of 3 years upon
11    receiving notice that the holder has failed to obtain a
12    negative result on a drug test as required in item 6 of
13    subsection (a) of this Section or under federal law.
14        (6) The Secretary of State shall suspend a school bus
15    driver permit for a period of 3 years upon receiving notice
16    from the employer that the holder failed to perform the
17    inspection procedure set forth in subsection (a) or (b) of
18    Section 12-816 of this Code.
19    The Secretary of State shall notify the State
20Superintendent of Education and the permit holder's
21prospective or current employer that the applicant has (1) has
22failed a criminal background investigation or (2) is no longer
23eligible for a school bus driver permit; and of the related
24cancellation of the applicant's provisional school bus driver
25permit. The cancellation shall remain in effect pending the
26outcome of a hearing pursuant to Section 2-118 of this Code.

 

 

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1The scope of the hearing shall be limited to the issuance
2criteria contained in subsection (a) of this Section. A
3petition requesting a hearing shall be submitted to the
4Secretary of State and shall contain the reason the individual
5feels he or she is entitled to a school bus driver permit. The
6permit holder's employer shall notify in writing to the
7Secretary of State that the employer has certified the removal
8of the offending school bus driver from service prior to the
9start of that school bus driver's next workshift. An employing
10school board that fails to remove the offending school bus
11driver from service is subject to the penalties defined in
12Section 3-14.23 of the School Code. A school bus contractor who
13violates a provision of this Section is subject to the
14penalties defined in Section 6-106.11.
15    All valid school bus driver permits issued under this
16Section prior to January 1, 1995, shall remain effective until
17their expiration date unless otherwise invalidated.
18    (h) When a school bus driver permit holder who is a service
19member is called to active duty, the employer of the permit
20holder shall notify the Secretary of State, within 30 days of
21notification from the permit holder, that the permit holder has
22been called to active duty. Upon notification pursuant to this
23subsection, (i) the Secretary of State shall characterize the
24permit as inactive until a permit holder renews the permit as
25provided in subsection (i) of this Section, and (ii) if a
26permit holder fails to comply with the requirements of this

 

 

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1Section while called to active duty, the Secretary of State
2shall not characterize the permit as invalid.
3    (i) A school bus driver permit holder who is a service
4member returning from active duty must, within 90 days, renew a
5permit characterized as inactive pursuant to subsection (h) of
6this Section by complying with the renewal requirements of
7subsection (b) of this Section.
8    (j) For purposes of subsections (h) and (i) of this
9Section:
10    "Active duty" means active duty pursuant to an executive
11order of the President of the United States, an act of the
12Congress of the United States, or an order of the Governor.
13    "Service member" means a member of the Armed Services or
14reserve forces of the United States or a member of the Illinois
15National Guard.
16(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1796-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
187-22-10; revised 9-2-10.)