HB1665 EnrolledLRB099 06468 RJF 26538 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 Secretary of State shall issue a school bus driver
9permit to those applicants who have met all the requirements of
10the application and screening process under this Section to
11insure the welfare and safety of children who are transported
12on school buses throughout the State of Illinois. Applicants
13shall obtain the proper application required by the Secretary
14of State from their prospective or current employer and submit
15the completed application to the prospective or current
16employer along with the necessary fingerprint submission as
17required by the Department of State Police to conduct
18fingerprint based criminal background checks on current and
19future information available in the state system and current
20information 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 under an order of court supervision
11    for or convicted of 2 or more serious traffic offenses, as
12    defined by rule, within one year prior to the date of
13    application that may endanger the life or safety of any of
14    the driver's passengers within the duration of the permit
15    period;
16        10. not have been under an order of court supervision
17    for or convicted of reckless driving, aggravated reckless
18    driving, driving while under the influence of alcohol,
19    other drug or drugs, intoxicating compound or compounds or
20    any combination thereof, or reckless homicide resulting
21    from the operation of a motor vehicle within 3 years of the
22    date of application;
23        11. not have been convicted of committing or attempting
24    to commit any one or more of the following offenses: (i)
25    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
26    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,

 

 

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1    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
2    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
3    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
4    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
5    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
6    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
7    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
8    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
9    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
10    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
11    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
12    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
13    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
14    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
15    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
16    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
17    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
18    in subsection (a) and subsection (b), clause (1), of
19    Section 12-4, and in subsection (A), clauses (a) and (b),
20    of Section 24-3, and those offenses contained in Article
21    29D of the Criminal Code of 1961 or the Criminal Code of
22    2012; (ii) those offenses defined in the Cannabis Control
23    Act except those offenses defined in subsections (a) and
24    (b) of Section 4, and subsection (a) of Section 5 of the
25    Cannabis Control Act; (iii) those offenses defined in the
26    Illinois Controlled Substances Act; (iv) those offenses

 

 

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1    defined in the Methamphetamine Control and Community
2    Protection Act; (v) any offense committed or attempted in
3    any other state or against the laws of the United States,
4    which if committed or attempted in this State would be
5    punishable as one or more of the foregoing offenses; (vi)
6    the offenses defined in Section 4.1 and 5.1 of the Wrongs
7    to Children Act or Section 11-9.1A of the Criminal Code of
8    1961 or the Criminal Code of 2012; (vii) those offenses
9    defined in Section 6-16 of the Liquor Control Act of 1934;
10    and (viii) those offenses defined in the Methamphetamine
11    Precursor Control Act;
12        12. not have been repeatedly involved as a driver in
13    motor vehicle collisions or been repeatedly convicted of
14    offenses against laws and ordinances regulating the
15    movement of traffic, to a degree which indicates lack of
16    ability to exercise ordinary and reasonable care in the
17    safe operation of a motor vehicle or disrespect for the
18    traffic laws and the safety of other persons upon the
19    highway;
20        13. not have, through the unlawful operation of a motor
21    vehicle, caused an accident resulting in the death of any
22    person;
23        14. not have, within the last 5 years, been adjudged to
24    be afflicted with or suffering from any mental disability
25    or disease; and
26        15. consent, in writing, to the release of results of

 

 

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1    reasonable suspicion drug and alcohol testing under
2    Section 6-106.1c of this Code by the employer of the
3    applicant to the Secretary of State.
4    (b) A school bus driver permit shall be valid for a period
5specified by the Secretary of State as set forth by rule. It
6shall be renewable upon compliance with subsection (a) of this
7Section.
8    (c) A school bus driver permit shall contain the holder's
9driver's license number, legal name, residence address, zip
10code, and date of birth, a brief description of the holder and
11a space for signature. The Secretary of State may require a
12suitable photograph of the holder.
13    (d) The employer shall be responsible for conducting a
14pre-employment interview with prospective school bus driver
15candidates, distributing school bus driver applications and
16medical forms to be completed by the applicant, and submitting
17the applicant's fingerprint cards to the Department of State
18Police that are required for the criminal background
19investigations. The employer shall certify in writing to the
20Secretary of State that all pre-employment conditions have been
21successfully completed including the successful completion of
22an Illinois specific criminal background investigation through
23the Department of State Police and the submission of necessary
24fingerprints to the Federal Bureau of Investigation for
25criminal history information available through the Federal
26Bureau of Investigation system. The applicant shall present the

 

 

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1certification to the Secretary of State at the time of
2submitting the school bus driver permit application.
3    (e) Permits shall initially be provisional upon receiving
4certification from the employer that all pre-employment
5conditions have been successfully completed, and upon
6successful completion of all training and examination
7requirements for the classification of the vehicle to be
8operated, the Secretary of State shall provisionally issue a
9School Bus Driver Permit. The permit shall remain in a
10provisional status pending the completion of the Federal Bureau
11of Investigation's criminal background investigation based
12upon fingerprinting specimens submitted to the Federal Bureau
13of Investigation by the Department of State Police. The Federal
14Bureau of Investigation shall report the findings directly to
15the Secretary of State. The Secretary of State shall remove the
16bus driver permit from provisional status upon the applicant's
17successful completion of the Federal Bureau of Investigation's
18criminal background investigation.
19    (f) A school bus driver permit holder shall notify the
20employer and the Secretary of State if he or she is issued an
21order of court supervision for or convicted in another state of
22an offense that would make him or her ineligible for a permit
23under subsection (a) of this Section. The written notification
24shall be made within 5 days of the entry of the order of court
25supervision or conviction. Failure of the permit holder to
26provide the notification is punishable as a petty offense for a

 

 

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1first violation and a Class B misdemeanor for a second or
2subsequent violation.
3    (g) Cancellation; suspension; notice and procedure.
4        (1) The Secretary of State shall cancel a school bus
5    driver permit of an applicant whose criminal background
6    investigation discloses that he or she is not in compliance
7    with the provisions of subsection (a) of this Section.
8        (2) The Secretary of State shall cancel a school bus
9    driver permit when he or she receives notice that the
10    permit holder fails to comply with any provision of this
11    Section or any rule promulgated for the administration of
12    this Section.
13        (3) The Secretary of State shall cancel a school bus
14    driver permit if the permit holder's restricted commercial
15    or commercial driving privileges are withdrawn or
16    otherwise invalidated.
17        (4) The Secretary of State may not issue a school bus
18    driver permit for a period of 3 years to an applicant who
19    fails to obtain a negative result on a drug test as
20    required in item 6 of subsection (a) of this Section or
21    under federal law.
22        (5) The Secretary of State shall forthwith suspend a
23    school bus driver permit for a period of 3 years upon
24    receiving notice that the holder has failed to obtain a
25    negative result on a drug test as required in item 6 of
26    subsection (a) of this Section or under federal law.

 

 

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1        (6) The Secretary of State shall suspend a school bus
2    driver permit for a period of 3 years upon receiving notice
3    from the employer that the holder failed to perform the
4    inspection procedure set forth in subsection (a) or (b) of
5    Section 12-816 of this Code.
6        (7) The Secretary of State shall suspend a school bus
7    driver permit for a period of 3 years upon receiving notice
8    from the employer that the holder refused to submit to an
9    alcohol or drug test as required by Section 6-106.1c or has
10    submitted to a test required by that Section which
11    disclosed an alcohol concentration of more than 0.00 or
12    disclosed a positive result on a National Institute on Drug
13    Abuse five-drug panel, utilizing federal standards set
14    forth in 49 CFR 40.87.
15    The Secretary of State shall notify the State
16Superintendent of Education and the permit holder's
17prospective or current employer that the applicant has (1) has
18failed a criminal background investigation or (2) is no longer
19eligible for a school bus driver permit; and of the related
20cancellation of the applicant's provisional school bus driver
21permit. The cancellation shall remain in effect pending the
22outcome of a hearing pursuant to Section 2-118 of this Code.
23The scope of the hearing shall be limited to the issuance
24criteria contained in subsection (a) of this Section. A
25petition requesting a hearing shall be submitted to the
26Secretary of State and shall contain the reason the individual

 

 

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1feels he or she is entitled to a school bus driver permit. The
2permit holder's employer shall notify in writing to the
3Secretary of State that the employer has certified the removal
4of the offending school bus driver from service prior to the
5start of that school bus driver's next workshift. An employing
6school board that fails to remove the offending school bus
7driver from service is subject to the penalties defined in
8Section 3-14.23 of the School Code. A school bus contractor who
9violates a provision of this Section is subject to the
10penalties defined in Section 6-106.11.
11    All valid school bus driver permits issued under this
12Section prior to January 1, 1995, shall remain effective until
13their expiration date unless otherwise invalidated.
14    (h) When a school bus driver permit holder who is a service
15member is called to active duty, the employer of the permit
16holder shall notify the Secretary of State, within 30 days of
17notification from the permit holder, that the permit holder has
18been called to active duty. Upon notification pursuant to this
19subsection, (i) the Secretary of State shall characterize the
20permit as inactive until a permit holder renews the permit as
21provided in subsection (i) of this Section, and (ii) if a
22permit holder fails to comply with the requirements of this
23Section while called to active duty, the Secretary of State
24shall not characterize the permit as invalid.
25    (i) A school bus driver permit holder who is a service
26member returning from active duty must, within 90 days, renew a

 

 

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1permit characterized as inactive pursuant to subsection (h) of
2this Section by complying with the renewal requirements of
3subsection (b) of this Section.
4    (j) For purposes of subsections (h) and (i) of this
5Section:
6    "Active duty" means active duty pursuant to an executive
7order of the President of the United States, an act of the
8Congress of the United States, or an order of the Governor.
9    "Service member" means a member of the Armed Services or
10reserve forces of the United States or a member of the Illinois
11National Guard.
12    (k) A private carrier employer of a school bus driver
13permit holder, having satisfied the employer requirements of
14this Section, shall be held to a standard of ordinary care for
15intentional acts committed in the course of employment by the
16bus driver permit holder. This subsection (k) shall in no way
17limit the liability of the private carrier employer for
18violation of any provision of this Section or for the negligent
19hiring or retention of a school bus driver permit holder.
20(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
2196-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
227-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
23Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
2497-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
251-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
26eff. 1-25-13.)