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|[ Introduced ]||[ Senate Amendment 001 ]||[ Senate Amendment 002 ]|
91_SB0029eng SB29 Engrossed LRB9101108KSgc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 6-106.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 6-106.1 as follows: 7 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) 8 Sec. 6-106.1. School bus driver permit. 9 (a) The Secretary of State shall issue a school bus 10 driver permit to those applicants who have met all the 11 requirements of the application and screening process under 12 this Section to insure the welfare and safety of children who 13 are transported on school buses throughout the State of 14 Illinois. Applicants shall obtain the proper application 15 required by the Secretary of State from their prospective or 16 current employer and submit the completed application to the 17 prospective or current employer along with the necessary 18 fingerprint submission as required by the Department of State 19 Police to conduct fingerprint based criminal background 20 checks on current and future information available in the 21 state system and current information available through the 22 Federal Bureau of Investigation's system. Applicants who 23 have completed the fingerprinting requirements shall not be 24 subjected to the fingerprinting process when applying for 25 subsequent permits or submitting proof of successful 26 completion of the annual refresher course. Individuals who 27 on the effective date of this amendatory Act of 1999 possess 28 a valid school bus driver permit that has been previously 29 issued by the appropriate Regional School Superintendent are 30
notsubject to the fingerprinting provisions of this Section. 31 The fingerprinting requirements for these individuals shall SB29 Engrossed -2- LRB9101108KSgc 1 be completed by January 1, 2001. as long as the permit2 remains valid and does not lapse.3 Both State and federal fingerprint cards of individuals 4 seeking permits as school bus drivers shall be transmitted to 5 the Department of State Police for processing and storage of 6 the fingerprint cards. Applicants shall be electronically 7 fingerprinted by a sheriff's department or by an agent of the 8 Department of State Police or other State agency providing 9 electronic fingerprint services in a form and manner 10 prescribed by the Department of State Police and the 11 Secretary of State through written agreement. The applicant 12 shall be required to pay all related fees as established by 13 rule, including but not limited to the electronic 14 fingerprinting service fee and the fees established by the 15 Department of State Police and Federal Bureau of 16 Investigation for processing fingerprint based criminal 17 history background investigations. However, those school bus 18 drivers required to undergo fingerprinting-based criminal 19 background investigations, required by this amendatory Act of 20 1999 of the 91st General Assembly, shall not be required to 21 pay the fingerprinting fees. Subject to appropriation, the 22 State Board of Education shall reimburse schools for the cost 23 of the fingerprinting fees. All fingerprinting fees shall be 24 paid by the school district. Both those districts that 25 contract for school bus service and those districts that 26 operate their own school buses shall be eligible for 27 reimbursement. Fees associated with electronic fingerprinting 28 shall be retained by the sheriff's department if it performed 29 the fingerprinting service or deposited in the State Police 30 Services Fund if an agent of the State performed the 31 electronic fingerprinting service. 32 The applicant shall be required to pay all related 33 application and fingerprintingfees as established by rule. 34 including, but not limited to, the amounts established by theSB29 Engrossed -3- LRB9101108KSgc 1 Department of State Police and the Federal Bureau of2 Investigation to process fingerprint based criminal3 background investigations. All fees paid for fingerprint4 processing services under this Section shall be deposited5 into the State Police Services Fund for the cost incurred in6 processing the fingerprint based criminal background7 investigations.All other fees paid under this Section shall 8 be deposited into the Road Fund for the purpose of defraying 9 the costs of the Secretary of State in administering this 10 Section. All applicants must: 11 1. be 21 years of age or older; 12 2. possess a valid and properly classified driver's 13 license issued by the Secretary of State; 14 3. possess a valid driver's license, which has not 15 been revoked or suspended, for 3 years immediately prior 16 to the date of application; 17 4. successfully pass a written test, administered 18 by the Secretary of State, on school bus operation, 19 school bus safety, and special traffic laws relating to 20 school buses and submit to a review of the applicant's 21 driving habits by the Secretary of State at the time the 22 written test is given; 23 5. demonstrate ability to exercise reasonable care 24 in the operation of school buses in accordance with rules 25 promulgated by the Secretary of State; 26 6. demonstrate physical fitness to operate school 27 buses by submitting the results of a medical examination, 28 including tests for drug use for each applicant not 29 subject to such testing pursuant to federal law, 30 conducted by a licensed physician within 90 days of the 31 date of application according to standards promulgated by 32 the Secretary of State; 33 7. affirm under penalties of perjury that he or she 34 has not made a false statement or knowingly concealed a SB29 Engrossed -4- LRB9101108KSgc 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 5 after satisfactory completion of said initial course an 6 annual 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 convicted of 2 or more serious 12 traffic offenses, as defined by rule, within one year 13 prior to the date of application that may endanger the 14 life or safety of any of the driver's passengers within 15 the duration of the permit period; 16 10. not have been convicted of reckless driving, 17 driving while intoxicated, or reckless homicide resulting 18 from the operation of a motor vehicle within 3 years of 19 the date of application; 20 11. not have been convicted of committing or 21 attempting to commit any one or more of the following 22 offenses: (i) those offenses defined in Sections 9-1, 23 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 24 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 25 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3, 26 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 27 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2, 28 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1, 29 31A-1.1, and 33A-2, and in subsection (a) and subsection 30 (b), clause (1), of Section 12-4 of the Criminal Code of 31 1961; (ii) those offenses defined in the Cannabis Control 32 Act except those offenses defined in subsections (a) and 33 (b) of Section 4, and subsection (a) of Section 5 of the 34 Cannabis Control Act; (iii) those offenses defined in the SB29 Engrossed -5- LRB9101108KSgc 1 Illinois Controlled Substances Act; (iv) any offense 2 committed or attempted in any other state or against the 3 laws of the United States, which if committed or 4 attempted in this State would be punishable as one or 5 more of the foregoing offenses; (v) the offenses defined 6 in Section 4.1 and 5.1 of the Wrongs to Children Act and 7 (vi) those offenses defined in Section 6-16 of the Liquor 8 Control Act of 1934; 9 12. not have been repeatedly involved as a driver 10 in motor vehicle collisions or been repeatedly convicted 11 of offenses against laws and ordinances regulating the 12 movement of traffic, to a degree which indicates lack of 13 ability to exercise ordinary and reasonable care in the 14 safe operation of a motor vehicle or disrespect for the 15 traffic laws and the safety of other persons upon the 16 highway; 17 13. not have, through the unlawful operation of a 18 motor vehicle, caused an accident resulting in the death 19 of any person; and 20 14. not have, within the last 5 years, been 21 adjudged to be afflicted with or suffering from any 22 mental disability or disease. 23 (b) A school bus driver permit shall be valid for a 24 period specified by the Secretary of State as set forth by 25 rule. It shall not be renewable, but a new permit shall be 26 issued upon compliance with subsection (a) of this Section. 27 (c) A school bus driver permit shall contain the 28 holder's driver's license number, name, address, zip code, 29 social security number and date of birth, a brief description 30 of the holder and a space for signature. The Secretary of 31 State may require a suitable photograph of the holder. 32 (d) The employer shall be responsible for conducting a 33 pre-employment interview with prospective school bus driver 34 candidates, distributing school bus driver applications and SB29 Engrossed -6- LRB9101108KSgc 1 medical forms to be completed by the applicant, and having 2 the applicant electronically fingerprinted by a sheriff's 3 department or an agent of the Department of State Police or 4 other State agency and insuring electronic transmission 5 submitting the applicant's fingerprint cardsto the 6 Department of State Police in a form and manner prescribed by 7 the Department of State Police and the Secretary of State 8 through written agreement as that arerequired for the 9 criminal background investigations. The employer shall 10 certify in writing to the Secretary of State that all 11 pre-employment conditions have been successfully completed 12 including the successful completion of an Illinois specific 13 criminal background investigation through the Department of 14 State Police and the submission of necessary fingerprints to 15 the Federal Bureau of Investigation for criminal history 16 information available through the Federal Bureau of 17 Investigation system. The applicant shall present the 18 certification to the Secretary of State at the time of 19 submitting the school bus driver permit application. 20 (e) Permits shall initially be provisional upon 21 receiving certification from the employer that all 22 pre-employment conditions have been successfully completed, 23 and upon successful completion of all training and 24 examination requirements for the classification of the 25 vehicle to be operated, the Secretary of State shall 26 provisionally issue a School Bus Driver Permit. The permit 27 shall remain in a provisional status pending the completion 28 of the Federal Bureau of Investigation's criminal background 29 investigation based upon fingerprinting specimens submitted 30 to the Federal Bureau of Investigation by the Department of 31 State Police. The Federal Bureau of Investigation shall 32 report the findings directly to the Secretary of State. The 33 Secretary of State shall remove the bus driver permit from 34 provisional status upon the applicant's successful completion SB29 Engrossed -7- LRB9101108KSgc 1 of the Federal Bureau of Investigation's criminal background 2 investigation. 3 (f) A school bus driver permit holder shall notify the 4 employer and the Secretary of State if he or she is convicted 5 in another state of an offense that would make him or her 6 ineligible for a permit under subsection (a) of this Section. 7 The written notification shall be made within 5 days of the 8 entry of the conviction. Failure of the permit holder to 9 provide the notification is punishable as a petty offense for 10 a first violation and a Class B misdemeanor for a second or 11 subsequent violation. 12 (g) Cancellation; suspension; notice and procedure. 13 (1) The Secretary of State shall cancel a school 14 bus driver permit of an applicant whose criminal 15 background investigation discloses that he or she is not 16 in compliance with the provisions of subsection (a) of 17 this Section. 18 (2) The Secretary of State shall cancel a school 19 bus driver permit when he or she receives notice that the 20 permit holder fails to comply with any provision of this 21 Section or any rule promulgated for the administration of 22 this Section. 23 (3) The Secretary of State shall cancel a school 24 bus driver permit if the permit holder's restricted 25 commercial or commercial driving privileges are withdrawn 26 or otherwise invalidated. 27 (4) The Secretary of State may not issue a school 28 bus driver permit for a period of 3 years to an applicant 29 who fails to obtain a negative result on a drug test as 30 required in item 6 of subsection (a) of this Section or 31 under federal law. 32 (5) The Secretary of State shall forthwith suspend 33 a school bus driver permit for a period of 3 years upon 34 receiving notice that the holder has failed to obtain a SB29 Engrossed -8- LRB9101108KSgc 1 negative result on a drug test as required in item 6 of 2 subsection (a) of this Section or under federal law. 3 The Secretary of State shall notify the State 4 Superintendent of Education and the permit holder's 5 prospective or current employer that the applicant has (1) 6 has failed a criminal background investigation or (2) is no 7 longer eligible for a school bus driver permit; and of the 8 related cancellation of the applicant's provisional school 9 bus driver permit. The cancellation shall remain in effect 10 pending the outcome of a hearing pursuant to Section 2-118 11 of this Code. The scope of the hearing shall be limited to 12 the issuance criteria contained in subsection (a) of this 13 Section. A petition requesting a hearing shall be submitted 14 to the Secretary of State and shall contain the reason the 15 individual feels he or she is entitled to a school bus driver 16 permit. The permit holder's employer shall notify in writing 17 to the Secretary of State that the employer has certified the 18 removal of the offending school bus driver from service prior 19 to the start of that school bus driver's next workshift. An 20 employing school board that fails to remove the offending 21 school bus driver from service is subject to the penalties 22 defined in Section 3-14.23 of the School Code. A school bus 23 contractor who violates a provision of this Section is 24 subject to the penalties defined in Section 6-106.11. 25 All valid school bus driver permits issued under this 26 Section prior to January 1, 1995, shall remain effective 27 until their expiration date unless otherwise invalidated. 28 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96; 29 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff. 30 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.
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