|
submitting proof of successful completion of the annual |
refresher
course. Individuals who on the effective date of this |
Act possess a valid
school bus driver permit that has been |
previously issued by the appropriate
Regional School |
Superintendent are not subject to the fingerprinting
|
provisions of this Section as long as the permit remains valid |
and does not
lapse. The applicant shall be required to pay all |
related
application and fingerprinting fees as established by |
rule
including, but not limited to, the amounts established by |
the Department of
State Police and the Federal Bureau of |
Investigation to process
fingerprint based criminal background |
investigations. All fees paid for
fingerprint processing |
services under this Section shall be deposited into the
State |
Police Services Fund for the cost incurred in processing the |
fingerprint
based criminal background investigations. All |
other fees paid under this
Section shall be deposited into the |
Road
Fund for the purpose of defraying the costs of the |
Secretary of State in
administering this Section. All |
applicants must:
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1. be 21 years of age or older;
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2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
|
3. possess a valid driver's license, which has not been
|
revoked, suspended, or canceled for 3 years immediately |
prior to
the date of application, or have not had his or |
her commercial motor vehicle
driving privileges
|
|
disqualified within the 3 years immediately prior to the |
date of application;
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4. successfully pass a written test, administered by |
the
Secretary of State, on school bus operation, school bus |
safety, and
special traffic laws relating to school buses |
and submit to a review
of the applicant's driving habits by |
the Secretary of State at the time the
written test is |
given;
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5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
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6. demonstrate physical fitness to operate school |
buses by
submitting the results of a medical examination, |
including tests for drug
use for each applicant not subject |
to such testing pursuant to
federal law, conducted by a |
licensed physician, an advanced practice nurse
who has a |
written collaborative agreement with
a collaborating |
physician which authorizes him or her to perform medical
|
examinations, or a physician assistant who has been |
delegated the
performance of medical examinations by his or |
her supervising physician
within 90 days of the date
of |
application according to standards promulgated by the |
Secretary of State;
|
7. affirm under penalties of perjury that he or she has |
not made a
false statement or knowingly concealed a |
material fact
in any application for permit;
|
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8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver safety |
as promulgated by the Secretary of
State; and after |
satisfactory completion of said initial course an annual
|
refresher course; such courses and the agency or |
organization conducting such
courses shall be approved by |
the Secretary of State; failure to
complete the annual |
refresher course, shall result in
cancellation of the |
permit until such course is completed;
|
9. not have been convicted of 2 or more serious traffic |
offenses, as
defined by rule, within one year prior to the |
date of application that may
endanger the life or safety of |
any of the driver's passengers within the
duration of the |
permit period;
|
10. not have been convicted of reckless driving, |
aggravated reckless driving, driving while under the |
influence of alcohol, other drug or drugs, intoxicating |
compound or compounds or any combination thereof, or |
reckless homicide resulting from the operation of a motor
|
vehicle within 3 years of the date of application;
|
11. not have been convicted of committing or attempting
|
to commit any
one or more of the following offenses: (i) |
those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, |
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, |
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, |
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, |
|
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
|
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, |
11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,
|
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
|
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, |
12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, |
18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, |
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, |
31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of |
Section 8-1, and in subsection (a) and subsection (b), |
clause (1), of Section
12-4, and in subsection (A), clauses |
(a) and (b), of Section 24-3, and those offenses contained |
in Article 29D of the Criminal Code of 1961; (ii) those |
offenses defined in the
Cannabis Control Act except those |
offenses defined in subsections (a) and
(b) of Section 4, |
and subsection (a) of Section 5 of the Cannabis Control
|
Act; (iii) those offenses defined in the Illinois |
Controlled Substances
Act; (iv) those offenses defined in |
the Methamphetamine Control and Community Protection Act; |
(v) any offense committed or attempted in any other state |
or against
the laws of the United States, which if |
committed or attempted in this
State would be punishable as |
one or more of the foregoing offenses; (vi)
the offenses |
defined in Section 4.1 and 5.1 of the Wrongs to Children |
Act; (vii) those offenses defined in Section 6-16 of the |
|
Liquor Control Act of
1934;
and (viii) those offenses |
defined in the Methamphetamine Precursor Control Act; .
|
12. not have been repeatedly involved as a driver in |
motor vehicle
collisions or been repeatedly convicted of |
offenses against
laws and ordinances regulating the |
movement of traffic, to a degree which
indicates lack of |
ability to exercise ordinary and reasonable care in the
|
safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
|
13. not have, through the unlawful operation of a motor
|
vehicle, caused an accident resulting in the death of any |
person; and
|
14. not have, within the last 5 years, been adjudged to |
be
afflicted with or suffering from any mental disability |
or disease; and .
|
15. consent, in writing, to the release of results of |
reasonable suspicion drug and alcohol testing under |
Section 6-106.1c of this Code by the employer of the |
applicant to the Secretary of State. |
(b) A school bus driver permit shall be valid for a period |
specified by
the Secretary of State as set forth by rule. It |
shall be renewable upon compliance with subsection (a) of this
|
Section.
|
(c) A school bus driver permit shall contain the holder's |
driver's
license number, legal name, residence address, zip |
|
code, social
security number and date
of birth, a brief |
description of the holder and a space for signature. The
|
Secretary of State may require a suitable photograph of the |
holder.
|
(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
candidates, distributing school
bus driver applications and |
medical forms to be completed by the applicant, and
submitting |
the applicant's fingerprint cards to the Department of State |
Police
that are required for the criminal background |
investigations. The employer
shall certify in writing to the |
Secretary of State that all pre-employment
conditions have been |
successfully completed including the successful completion
of |
an Illinois specific criminal background investigation through |
the
Department of State Police and the submission of necessary
|
fingerprints to the Federal Bureau of Investigation for |
criminal
history information available through the Federal |
Bureau of
Investigation system. The applicant shall present the
|
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
|
(e) Permits shall initially be provisional upon receiving
|
certification from the employer that all pre-employment |
conditions
have been successfully completed, and upon |
successful completion of
all training and examination |
requirements for the classification of
the vehicle to be |
operated, the Secretary of State shall
provisionally issue a |
|
School Bus Driver Permit. The permit shall
remain in a |
provisional status pending the completion of the
Federal Bureau |
of Investigation's criminal background investigation based
|
upon fingerprinting specimens submitted to the Federal Bureau |
of
Investigation by the Department of State Police. The Federal |
Bureau of
Investigation shall report the findings directly to |
the Secretary
of State. The Secretary of State shall remove the |
bus driver
permit from provisional status upon the applicant's |
successful
completion of the Federal Bureau of Investigation's |
criminal
background investigation.
|
(f) A school bus driver permit holder shall notify the
|
employer and the Secretary of State if he or she is convicted |
in
another state of an offense that would make him or her |
ineligible
for a permit under subsection (a) of this Section. |
The
written notification shall be made within 5 days of the |
entry of
the conviction. Failure of the permit holder to |
provide the
notification is punishable as a petty
offense for a |
first violation and a Class B misdemeanor for a
second or |
subsequent violation.
|
(g) Cancellation; suspension; notice and procedure.
|
(1) The Secretary of State shall cancel a school bus
|
driver permit of an applicant whose criminal background |
investigation
discloses that he or she is not in compliance |
with the provisions of subsection
(a) of this Section.
|
(2) The Secretary of State shall cancel a school
bus |
driver permit when he or she receives notice that the |
|
permit holder fails
to comply with any provision of this |
Section or any rule promulgated for the
administration of |
this Section.
|
(3) The Secretary of State shall cancel a school bus
|
driver permit if the permit holder's restricted commercial |
or
commercial driving privileges are withdrawn or |
otherwise
invalidated.
|
(4) The Secretary of State may not issue a school bus
|
driver permit for a period of 3 years to an applicant who |
fails to
obtain a negative result on a drug test as |
required in item 6 of
subsection (a) of this Section or |
under federal law.
|
(5) The Secretary of State shall forthwith suspend
a |
school bus driver permit for a period of 3 years upon |
receiving
notice that the holder has failed to obtain a |
negative result on a
drug test as required in item 6 of |
subsection (a) of this Section
or under federal law.
|
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder failed to perform the |
inspection procedure set forth in subsection (a) or (b) of |
Section 12-816 of this Code. |
(7) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder refused to submit to an |
alcohol or drug test as required by Section 6-106.1c or has |
|
submitted to a test required by that Section which |
disclosed an alcohol concentration of more than 0.00 or |
disclosed a positive result on a National Institute on Drug |
Abuse five-drug panel, utilizing federal standards set |
forth in 49 CFR 40.87. |
The Secretary of State shall notify the State |
Superintendent
of Education and the permit holder's |
prospective or current
employer that the applicant has (1) has |
failed a criminal
background investigation or (2) is no
longer |
eligible for a school bus driver permit; and of the related
|
cancellation of the applicant's provisional school bus driver |
permit. The
cancellation shall remain in effect pending the |
outcome of a
hearing pursuant to Section 2-118 of this Code. |
The scope of the
hearing shall be limited to the issuance |
criteria contained in
subsection (a) of this Section. A |
petition requesting a
hearing shall be submitted to the |
Secretary of State and shall
contain the reason the individual |
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the |
Secretary of State
that the employer has certified the removal |
of the offending school
bus driver from service prior to the |
start of that school bus
driver's next workshift. An employing |
school board that fails to
remove the offending school bus |
driver from service is
subject to the penalties defined in |
Section 3-14.23 of the School Code. A
school bus
contractor who |
violates a provision of this Section is
subject to the |
|
penalties defined in Section 6-106.11.
|
All valid school bus driver permits issued under this |
Section
prior to January 1, 1995, shall remain effective until |
their
expiration date unless otherwise invalidated.
|
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
notification from the permit holder, that the permit holder has |
been called to active duty. Upon notification pursuant to this |
subsection, (i) the Secretary of State shall characterize the |
permit as inactive until a permit holder renews the permit as |
provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
(i) A school bus driver permit holder who is a service |
member returning from active duty must, within 90 days, renew a |
permit characterized as inactive pursuant to subsection (h) of |
this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
|
reserve forces of the United States or a member of the Illinois |
National Guard. |
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. |
7-22-10; revised 9-2-10.)
|
(625 ILCS 5/6-106.1c new) |
Sec. 6-106.1c. Reasonable suspicion drug and alcohol |
testing of school bus driver permit holders. |
(a) An employer of a school bus driver permit holder who |
holds a commercial driver's license and who works for the |
employer as a school bus driver and is therefore subject to 49 |
CFR 382.307 shall notify the Secretary of State, in a manner |
and form prescribed by the Secretary, of the result of a |
reasonable suspicion test when: (i) the test indicates an |
alcohol concentration greater than 0.00; (ii) the test |
indicates a positive result on a National Institute on Drug |
Abuse five-drug panel utilizing the federal standards set forth |
in 49 CFR 40.87; or (iii) when a driver refuses testing. The |
notification to the Secretary must be submitted within 48 hours |
of the refusal of testing or the employer's receipt of the test |
results. |
(b) Employers of school bus driver permit holders who do |
not hold commercial driver's licenses and school bus driver |
permit holders who do not hold commercial driver's licenses are |
hereby made subject to 49 CFR 382.307 regarding reasonable |
|
suspicion testing, which must be done in conformance with 49 |
CFR Parts 40 and 382, except that the test results shall not be |
reported to the employer utilizing the Federal Drug Testing |
Custody and Control Form or the U.S. Department of |
Transportation Alcohol Testing Form, but shall be reported to |
the employer in a manner and form approved by the Secretary. |
The employer shall notify the Secretary, in a manner and form |
prescribed by the Secretary, of the result of a reasonable |
suspicion test when: (i) the test indicates an alcohol |
concentration greater than 0.00; (ii) the test indicates a |
positive result on a National Institute on Drug Abuse five-drug |
panel utilizing the federal standards set forth in 49 CFR |
40.87; or (iii) when a driver refuses testing. The notification |
to the Secretary must be submitted within 48 hours of the |
refusal of testing or the employer's receipt of the test |
results. |
(c) The Secretary of State may adopt rules to implement |
this Section. |
(d) The cost of a reasonable suspicion test shall be the |
responsibility of the employer, unless otherwise provided by |
contract or a collective bargaining agreement.
|
Section 99. Effective date. This Act takes effect January |
1, 2012.
|