Illinois General Assembly - Full Text of HB1665
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Full Text of HB1665  99th General Assembly

HB1665ham002 99TH GENERAL ASSEMBLY

Rep. Ed Sullivan

Filed: 4/14/2015

 

 


 

 


 
09900HB1665ham002LRB099 06468 RJF 32397 a

1
AMENDMENT TO HOUSE BILL 1665

2    AMENDMENT NO. ______. Amend House Bill 1665 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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

 

 

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1required by the Department of State Police to conduct
2fingerprint based criminal background checks on current and
3future information available in the state system and current
4information available through the Federal Bureau of
5Investigation's system. Applicants who have completed the
6fingerprinting requirements shall not be subjected to the
7fingerprinting process when applying for subsequent permits or
8submitting proof of successful completion of the annual
9refresher course. Individuals who on the effective date of this
10Act possess a valid school bus driver permit that has been
11previously issued by the appropriate Regional School
12Superintendent are not subject to the fingerprinting
13provisions of this Section as long as the permit remains valid
14and does not lapse. The applicant shall be required to pay all
15related application and fingerprinting fees as established by
16rule including, but not limited to, the amounts established by
17the Department of State Police and the Federal Bureau of
18Investigation to process fingerprint based criminal background
19investigations. All fees paid for fingerprint processing
20services under this Section shall be deposited into the State
21Police Services Fund for the cost incurred in processing the
22fingerprint based criminal background investigations. All
23other fees paid under this Section shall be deposited into the
24Road Fund for the purpose of defraying the costs of the
25Secretary of State in administering this Section. All
26applicants must:

 

 

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1        1. be 21 years of age or older;
2        2. possess a valid and properly classified driver's
3    license issued by the Secretary of State;
4        3. possess a valid driver's license, which has not been
5    revoked, suspended, or canceled for 3 years immediately
6    prior to the date of application, or have not had his or
7    her commercial motor vehicle driving privileges
8    disqualified within the 3 years immediately prior to the
9    date of application;
10        4. successfully pass a written test, administered by
11    the Secretary of State, on school bus operation, school bus
12    safety, and special traffic laws relating to school buses
13    and submit to a review of the applicant's driving habits by
14    the Secretary of State at the time the written test is
15    given;
16        5. demonstrate ability to exercise reasonable care in
17    the operation of school buses in accordance with rules
18    promulgated by the Secretary of State;
19        6. demonstrate physical fitness to operate school
20    buses by submitting the results of a medical examination,
21    including tests for drug use for each applicant not subject
22    to such testing pursuant to federal law, conducted by a
23    licensed physician, an advanced practice nurse who has a
24    written collaborative agreement with a collaborating
25    physician which authorizes him or her to perform medical
26    examinations, or a physician assistant who has been

 

 

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1    delegated the performance of medical examinations by his or
2    her supervising physician within 90 days of the date of
3    application according to standards promulgated by the
4    Secretary of State;
5        7. affirm under penalties of perjury that he or she has
6    not made a false statement or knowingly concealed a
7    material fact in any application for permit;
8        8. have completed an initial classroom course,
9    including first aid procedures, in school bus driver safety
10    as promulgated by the Secretary of State; and after
11    satisfactory completion of said initial course an annual
12    refresher course; such courses and the agency or
13    organization conducting such courses shall be approved by
14    the Secretary of State; failure to complete the annual
15    refresher course, shall result in cancellation of the
16    permit until such course is completed;
17        9. not have been under an order of court supervision
18    for or convicted of 2 or more serious traffic offenses, as
19    defined by rule, within one year prior to the date of
20    application that may endanger the life or safety of any of
21    the driver's passengers within the duration of the permit
22    period;
23        10. not have been under an order of court supervision
24    for or convicted of reckless driving, aggravated reckless
25    driving, driving while under the influence of alcohol,
26    other drug or drugs, intoxicating compound or compounds or

 

 

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1    any combination thereof, or reckless homicide resulting
2    from the operation of a motor vehicle within 3 years of the
3    date of application;
4        11. not have been convicted of committing or attempting
5    to commit any one or more of the following offenses: (i)
6    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
7    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
8    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
9    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
10    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
11    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
12    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
13    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
14    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
15    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
16    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
17    12-14.1, 12-15, 12-16, 12-16.2, 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,
22    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
23    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
24    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
25    in subsection (a) and subsection (b), clause (1), of
26    Section 12-4, and in subsection (A), clauses (a) and (b),

 

 

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1    of Section 24-3, and those offenses contained in Article
2    29D of the Criminal Code of 1961 or the Criminal Code of
3    2012; (ii) those offenses defined in the Cannabis Control
4    Act except those offenses defined in subsections (a) and
5    (b) of Section 4, and subsection (a) of Section 5 of the
6    Cannabis Control Act; (iii) those offenses defined in the
7    Illinois Controlled Substances Act; (iv) those offenses
8    defined in the Methamphetamine Control and Community
9    Protection Act; (v) any offense committed or attempted in
10    any other state or against the laws of the United States,
11    which if committed or attempted in this State would be
12    punishable as one or more of the foregoing offenses; (vi)
13    the offenses defined in Section 4.1 and 5.1 of the Wrongs
14    to Children Act or Section 11-9.1A of the Criminal Code of
15    1961 or the Criminal Code of 2012; (vii) those offenses
16    defined in Section 6-16 of the Liquor Control Act of 1934;
17    and (viii) those offenses defined in the Methamphetamine
18    Precursor Control Act;
19        12. not have been repeatedly involved as a driver in
20    motor vehicle collisions or been repeatedly convicted of
21    offenses against laws and ordinances regulating the
22    movement of traffic, to a degree which indicates lack of
23    ability to exercise ordinary and reasonable care in the
24    safe operation of a motor vehicle or disrespect for the
25    traffic laws and the safety of other persons upon the
26    highway;

 

 

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1        13. not have, through the unlawful operation of a motor
2    vehicle, caused an accident resulting in the death of any
3    person;
4        14. not have, within the last 5 years, been adjudged to
5    be afflicted with or suffering from any mental disability
6    or disease; and
7        15. consent, in writing, to the release of results of
8    reasonable suspicion drug and alcohol testing under
9    Section 6-106.1c of this Code by the employer of the
10    applicant to the Secretary of State.
11    (b) A school bus driver permit shall be valid for a period
12specified by the Secretary of State as set forth by rule. It
13shall be renewable upon compliance with subsection (a) of this
14Section.
15    (c) A school bus driver permit shall contain the holder's
16driver's license number, legal name, residence address, zip
17code, and date of birth, a brief description of the holder and
18a space for signature. The Secretary of State may require a
19suitable photograph of the holder.
20    (d) The employer shall be responsible for conducting a
21pre-employment interview with prospective school bus driver
22candidates, distributing school bus driver applications and
23medical forms to be completed by the applicant, and submitting
24the applicant's fingerprint cards to the Department of State
25Police that are required for the criminal background
26investigations. The employer shall certify in writing to the

 

 

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

 

 

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1employer and the Secretary of State if he or she is issued an
2order of court supervision for or convicted in another state of
3an offense that would make him or her ineligible for a permit
4under subsection (a) of this Section. The written notification
5shall be made within 5 days of the entry of the order of court
6supervision or conviction. Failure of the permit holder to
7provide the notification is punishable as a petty offense for a
8first violation and a Class B misdemeanor for a second or
9subsequent violation.
10    (g) Cancellation; suspension; notice and procedure.
11        (1) The Secretary of State shall cancel a school bus
12    driver permit of an applicant whose criminal background
13    investigation discloses that he or she is not in compliance
14    with the provisions of subsection (a) of this Section.
15        (2) The Secretary of State shall cancel a school bus
16    driver permit when he or she receives notice that the
17    permit holder fails to comply with any provision of this
18    Section or any rule promulgated for the administration of
19    this Section.
20        (3) The Secretary of State shall cancel a school bus
21    driver permit if the permit holder's restricted commercial
22    or commercial driving privileges are withdrawn or
23    otherwise invalidated.
24        (4) The Secretary of State may not issue a school bus
25    driver permit for a period of 3 years to an applicant who
26    fails to obtain a negative result on a drug test as

 

 

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

 

 

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1cancellation of the applicant's provisional school bus driver
2permit. The cancellation shall remain in effect pending the
3outcome of a hearing pursuant to Section 2-118 of this Code.
4The scope of the hearing shall be limited to the issuance
5criteria contained in subsection (a) of this Section. A
6petition requesting a hearing shall be submitted to the
7Secretary of State and shall contain the reason the individual
8feels he or she is entitled to a school bus driver permit. The
9permit holder's employer shall notify in writing to the
10Secretary of State that the employer has certified the removal
11of the offending school bus driver from service prior to the
12start of that school bus driver's next workshift. An employing
13school board that fails to remove the offending school bus
14driver from service is subject to the penalties defined in
15Section 3-14.23 of the School Code. A school bus contractor who
16violates a provision of this Section is subject to the
17penalties defined in Section 6-106.11.
18    All valid school bus driver permits issued under this
19Section prior to January 1, 1995, shall remain effective until
20their expiration date unless otherwise invalidated.
21    (h) When a school bus driver permit holder who is a service
22member is called to active duty, the employer of the permit
23holder shall notify the Secretary of State, within 30 days of
24notification from the permit holder, that the permit holder has
25been called to active duty. Upon notification pursuant to this
26subsection, (i) the Secretary of State shall characterize the

 

 

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1permit as inactive until a permit holder renews the permit as
2provided in subsection (i) of this Section, and (ii) if a
3permit holder fails to comply with the requirements of this
4Section while called to active duty, the Secretary of State
5shall not characterize the permit as invalid.
6    (i) A school bus driver permit holder who is a service
7member returning from active duty must, within 90 days, renew a
8permit characterized as inactive pursuant to subsection (h) of
9this Section by complying with the renewal requirements of
10subsection (b) of this Section.
11    (j) For purposes of subsections (h) and (i) of this
12Section:
13    "Active duty" means active duty pursuant to an executive
14order of the President of the United States, an act of the
15Congress of the United States, or an order of the Governor.
16    "Service member" means a member of the Armed Services or
17reserve forces of the United States or a member of the Illinois
18National Guard.
19    (k) A private carrier employer of a school bus driver
20permit holder, having satisfied the employer requirements of
21this Section, shall be held to a standard of ordinary care for
22intentional acts committed in the course of employment by the
23bus driver permit holder. This subsection (k) shall in no way
24limit the liability of the private carrier employer for
25violation of any provision of this Section or for the negligent
26hiring or retention of a school bus driver permit holder.

 

 

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1(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
296-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
37-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
4Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
597-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
61-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
7eff. 1-25-13.)".