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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
91_SB0029sam002 SRS91SB0029AKcbam04 1 AMENDMENT TO SENATE BILL 29 2 AMENDMENT NO. . Amend Senate Bill 29, AS AMENDED, by 3 replacing everything after the enacting clause with the 4 following: 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 -2- SRS91SB0029AKcbam04 1 have completed the fingerprinting requirements shall not be 2 subjected to the fingerprinting process when applying for 3 subsequent permits or submitting proof of successful 4 completion of the annual refresher course. Individuals who 5 on the effective date of this amendatory Act of 1999 possess 6 a valid school bus driver permit that has been previously 7 issued by the appropriate Regional School Superintendent are 8
notsubject to the fingerprinting provisions of this Section. 9 The fingerprinting requirements for these individuals shall 10 be completed by January 1, 2001. as long as the permit11 remains valid and does not lapse.12 Both State and federal fingerprint cards of individuals 13 seeking permits as school bus drivers shall be transmitted to 14 the Department of State Police for processing and storage of 15 the fingerprint cards. Applicants shall be electronically 16 fingerprinted by a sheriff's department or by an agent of the 17 Department of State Police or other State agency providing 18 electronic fingerprint services in a form and manner 19 prescribed by the Department of State Police and the 20 Secretary of State through written agreement. The applicant 21 shall be required to pay all related fees as established by 22 rule, including but not limited to the electronic 23 fingerprinting service fee and the fees established by the 24 Department of State Police and Federal Bureau of 25 Investigation for processing fingerprint based criminal 26 history background investigations. However, those school bus 27 drivers required to undergo fingerprinting-based criminal 28 background investigations, required by this amendatory Act of 29 1999 of the 91st General Assembly, shall not be required to 30 pay the fingerprinting fees. Subject to appropriation, the 31 State Board of Education shall reimburse schools for the cost 32 of the fingerprinting fees. All fingerprinting fees shall be 33 paid by the school district. Both those districts that 34 contract for school bus service and those districts that -3- SRS91SB0029AKcbam04 1 operate their own school buses shall be eligible for 2 reimbursement. Fees associated with electronic fingerprinting 3 shall be retained by the sheriff's department if it performed 4 the fingerprinting service or deposited in the State Police 5 Services Fund if an agent of the State performed the 6 electronic fingerprinting service. 7 The applicant shall be required to pay all related 8 application and fingerprintingfees as established by rule. 9 including, but not limited to, the amounts established by the10 Department of State Police and the Federal Bureau of11 Investigation to process fingerprint based criminal12 background investigations. All fees paid for fingerprint13 processing services under this Section shall be deposited14 into the State Police Services Fund for the cost incurred in15 processing the fingerprint based criminal background16 investigations.All other fees paid under this Section shall 17 be deposited into the Road Fund for the purpose of defraying 18 the costs of the Secretary of State in administering this 19 Section. All applicants 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 24 been revoked or suspended, for 3 years immediately prior 25 to the date of application; 26 4. successfully pass a written test, administered 27 by the Secretary of State, on school bus operation, 28 school bus safety, and special traffic laws relating to 29 school buses and submit to a review of the applicant's 30 driving habits by the Secretary of State at the time the 31 written test is given; 32 5. demonstrate ability to exercise reasonable care 33 in the operation of school buses in accordance with rules 34 promulgated by the Secretary of State; -4- SRS91SB0029AKcbam04 1 6. demonstrate physical fitness to operate school 2 buses by submitting the results of a medical examination, 3 including tests for drug use for each applicant not 4 subject to such testing pursuant to federal law, 5 conducted by a licensed physician within 90 days of the 6 date of application according to standards promulgated by 7 the Secretary of State; 8 7. affirm under penalties of perjury that he or she 9 has not made a false statement or knowingly concealed a 10 material fact in any application for permit; 11 8. have completed an initial classroom course, 12 including first aid procedures, in school bus driver 13 safety as promulgated by the Secretary of State; and 14 after satisfactory completion of said initial course an 15 annual refresher course; such courses and the agency or 16 organization conducting such courses shall be approved by 17 the Secretary of State; failure to complete the annual 18 refresher course, shall result in cancellation of the 19 permit until such course is completed; 20 9. not have been convicted of 2 or more serious 21 traffic offenses, as defined by rule, within one year 22 prior to the date of application that may endanger the 23 life or safety of any of the driver's passengers within 24 the duration of the permit period; 25 10. not have been convicted of reckless driving, 26 driving while intoxicated, or reckless homicide resulting 27 from the operation of a motor vehicle within 3 years of 28 the date of application; 29 11. not have been convicted of committing or 30 attempting to commit any one or more of the following 31 offenses: (i) those offenses defined in Sections 9-1, 32 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 33 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 34 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3, -5- SRS91SB0029AKcbam04 1 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 2 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2, 3 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1, 4 31A-1.1, and 33A-2, and in subsection (a) and subsection 5 (b), clause (1), of Section 12-4 of the Criminal Code of 6 1961; (ii) those offenses defined in the Cannabis Control 7 Act except those offenses defined in subsections (a) and 8 (b) of Section 4, and subsection (a) of Section 5 of the 9 Cannabis Control Act; (iii) those offenses defined in the 10 Illinois Controlled Substances Act; (iv) any offense 11 committed or attempted in any other state or against the 12 laws of the United States, which if committed or 13 attempted in this State would be punishable as one or 14 more of the foregoing offenses; (v) the offenses defined 15 in Section 4.1 and 5.1 of the Wrongs to Children Act and 16 (vi) those offenses defined in Section 6-16 of the Liquor 17 Control Act of 1934; 18 12. not have been repeatedly involved as a driver 19 in motor vehicle collisions or been repeatedly convicted 20 of offenses against laws and ordinances regulating the 21 movement of traffic, to a degree which indicates lack of 22 ability to exercise ordinary and reasonable care in the 23 safe operation of a motor vehicle or disrespect for the 24 traffic laws and the safety of other persons upon the 25 highway; 26 13. not have, through the unlawful operation of a 27 motor vehicle, caused an accident resulting in the death 28 of any person; and 29 14. not have, within the last 5 years, been 30 adjudged to be afflicted with or suffering from any 31 mental disability or disease. 32 (b) A school bus driver permit shall be valid for a 33 period specified by the Secretary of State as set forth by 34 rule. It shall not be renewable, but a new permit shall be -6- SRS91SB0029AKcbam04 1 issued upon compliance with subsection (a) of this Section. 2 (c) A school bus driver permit shall contain the 3 holder's driver's license number, name, address, zip code, 4 social security number and date of birth, a brief description 5 of the holder and a space for signature. The Secretary of 6 State may require a suitable photograph of the holder. 7 (d) The employer shall be responsible for conducting a 8 pre-employment interview with prospective school bus driver 9 candidates, distributing school bus driver applications and 10 medical forms to be completed by the applicant, and having 11 the applicant electronically fingerprinted by a sheriff's 12 department or an agent of the Department of State Police or 13 other State agency and insuring electronic transmission 14 submitting the applicant's fingerprint cardsto the 15 Department of State Police in a form and manner prescribed by 16 the Department of State Police and the Secretary of State 17 through written agreement as that arerequired for the 18 criminal background investigations. The employer shall 19 certify in writing to the Secretary of State that all 20 pre-employment conditions have been successfully completed 21 including the successful completion of an Illinois specific 22 criminal background investigation through the Department of 23 State Police and the submission of necessary fingerprints to 24 the Federal Bureau of Investigation for criminal history 25 information available through the Federal Bureau of 26 Investigation system. The applicant shall present the 27 certification to the Secretary of State at the time of 28 submitting the school bus driver permit application. 29 (e) Permits shall initially be provisional upon 30 receiving certification from the employer that all 31 pre-employment conditions have been successfully completed, 32 and upon successful completion of all training and 33 examination requirements for the classification of the 34 vehicle to be operated, the Secretary of State shall -7- SRS91SB0029AKcbam04 1 provisionally issue a School Bus Driver Permit. The permit 2 shall remain in a provisional status pending the completion 3 of the Federal Bureau of Investigation's criminal background 4 investigation based upon fingerprinting specimens submitted 5 to the Federal Bureau of Investigation by the Department of 6 State Police. The Federal Bureau of Investigation shall 7 report the findings directly to the Secretary of State. The 8 Secretary of State shall remove the bus driver permit from 9 provisional status upon the applicant's successful completion 10 of the Federal Bureau of Investigation's criminal background 11 investigation. 12 (f) A school bus driver permit holder shall notify the 13 employer and the Secretary of State if he or she is convicted 14 in another state of an offense that would make him or her 15 ineligible for a permit under subsection (a) of this Section. 16 The written notification shall be made within 5 days of the 17 entry of the conviction. Failure of the permit holder to 18 provide the notification is punishable as a petty offense for 19 a first violation and a Class B misdemeanor for a second or 20 subsequent violation. 21 (g) Cancellation; suspension; notice and procedure. 22 (1) The Secretary of State shall cancel a school 23 bus driver permit of an applicant whose criminal 24 background investigation discloses that he or she is not 25 in compliance with the provisions of subsection (a) of 26 this Section. 27 (2) The Secretary of State shall cancel a school 28 bus driver permit when he or she receives notice that the 29 permit holder fails to comply with any provision of this 30 Section or any rule promulgated for the administration of 31 this Section. 32 (3) The Secretary of State shall cancel a school 33 bus driver permit if the permit holder's restricted 34 commercial or commercial driving privileges are withdrawn -8- SRS91SB0029AKcbam04 1 or otherwise invalidated. 2 (4) The Secretary of State may not issue a school 3 bus driver permit for a period of 3 years to an applicant 4 who fails to obtain a negative result on a drug test as 5 required in item 6 of subsection (a) of this Section or 6 under federal law. 7 (5) The Secretary of State shall forthwith suspend 8 a school bus driver permit for a period of 3 years upon 9 receiving notice that the holder has failed to obtain a 10 negative result on a drug test as required in item 6 of 11 subsection (a) of this Section or under federal law. 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 has (1) 15 has failed a criminal background investigation or (2) is no 16 longer eligible for a school bus driver permit; and of the 17 related cancellation of the applicant's provisional school 18 bus driver permit. The cancellation shall remain in effect 19 pending the outcome of a hearing pursuant to Section 2-118 20 of this Code. The scope of the hearing shall be limited to 21 the issuance criteria contained in subsection (a) of this 22 Section. A petition requesting a hearing shall be submitted 23 to the Secretary of State and shall contain the reason the 24 individual feels he or she is entitled to a school bus driver 25 permit. The permit holder's employer shall notify in writing 26 to the Secretary of State that the employer has certified the 27 removal of the offending school bus driver from service prior 28 to the start of that school bus driver's next workshift. An 29 employing school board that fails to remove the offending 30 school bus driver from service is subject to the penalties 31 defined in Section 3-14.23 of the School Code. A school bus 32 contractor who violates a provision of this Section is 33 subject to the penalties defined in Section 6-106.11. 34 All valid school bus driver permits issued under this -9- SRS91SB0029AKcbam04 1 Section prior to January 1, 1995, shall remain effective 2 until their expiration date unless otherwise invalidated. 3 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96; 4 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff. 5 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.".
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