100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5653

 

Introduced , by Rep. Margo McDermed - David S. Olsen

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/29-6.2 new
625 ILCS 5/6-106.1  from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/12-821

    Amends the School Code. Provides that a school board or an employer of a school bus driver that receives a complaint against a school bus driver from a parent or legal guardian of a school child, the school board, or a person who makes a complaint call under a provision of the Illinois Vehicle Code shall notify the Secretary of State within 30 days of the complaint. Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend a school bus driver permit for a period of 6 months after investigation of a complaint received from the employer or a school district of a permit holder. Makes conforming changes.


LRB100 15416 AXK 30404 b

 

 

A BILL FOR

 

HB5653LRB100 15416 AXK 30404 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 School Code is amended by adding Section
529-6.2 as follows:
 
6    (105 ILCS 5/29-6.2 new)
7    Sec. 29-6.2. Complaint reporting requirements. A school
8board or an employer of a school bus driver that receives a
9complaint against a school bus driver from a parent or legal
10guardian of a school child, the school board, or a person who
11makes a complaint call under Section 12-821 of the Illinois
12Vehicle Code shall notify the Secretary of State within 30 days
13of the complaint.
 
14    Section 10. The Illinois Vehicle Code is amended by
15changing Sections 6-106.1 and 12-821 as follows:
 
16    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
17    (Text of Section before amendment by P.A. 100-513)
18    Sec. 6-106.1. School bus driver permit.
19    (a) The Secretary of State shall issue a school bus driver
20permit to those applicants who have met all the requirements of
21the application and screening process under this Section to

 

 

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1insure the welfare and safety of children who are transported
2on school buses throughout the State of Illinois. Applicants
3shall obtain the proper application required by the Secretary
4of State from their prospective or current employer and submit
5the completed application to the prospective or current
6employer along with the necessary fingerprint submission as
7required by the Department of State Police to conduct
8fingerprint based criminal background checks on current and
9future information available in the state system and current
10information available through the Federal Bureau of
11Investigation's system. Applicants who have completed the
12fingerprinting requirements shall not be subjected to the
13fingerprinting process when applying for subsequent permits or
14submitting proof of successful completion of the annual
15refresher course. Individuals who on July 1, 1995 (the
16effective date of Public Act 88-612) possess a valid school bus
17driver permit that has been previously issued by the
18appropriate Regional School Superintendent are not subject to
19the fingerprinting provisions of this Section as long as the
20permit remains valid and does not lapse. The applicant shall be
21required to pay all related application and fingerprinting fees
22as established by rule including, but not limited to, the
23amounts established by the Department of State Police and the
24Federal Bureau of Investigation to process fingerprint based
25criminal background investigations. All fees paid for
26fingerprint processing services under this Section shall be

 

 

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1deposited into the State Police Services Fund for the cost
2incurred in processing the fingerprint based criminal
3background investigations. All other fees paid under this
4Section shall be deposited into the Road Fund for the purpose
5of defraying the costs of the Secretary of State in
6administering this Section. All applicants must:
7        1. be 21 years of age or older;
8        2. possess a valid and properly classified driver's
9    license issued by the Secretary of State;
10        3. possess a valid driver's license, which has not been
11    revoked, suspended, or canceled for 3 years immediately
12    prior to the date of application, or have not had his or
13    her commercial motor vehicle driving privileges
14    disqualified within the 3 years immediately prior to the
15    date of application;
16        4. successfully pass a written test, administered by
17    the Secretary of State, on school bus operation, school bus
18    safety, and special traffic laws relating to school buses
19    and submit to a review of the applicant's driving habits by
20    the Secretary of State at the time the written test is
21    given;
22        5. demonstrate ability to exercise reasonable care in
23    the operation of school buses in accordance with rules
24    promulgated by the Secretary of State;
25        6. demonstrate physical fitness to operate school
26    buses by submitting the results of a medical examination,

 

 

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

 

 

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1    driving, driving while under the influence of alcohol,
2    other drug or drugs, intoxicating compound or compounds or
3    any combination thereof, or reckless homicide resulting
4    from the operation of a motor vehicle within 3 years of the
5    date of application;
6        11. not have been convicted of committing or attempting
7    to commit any one or more of the following offenses: (i)
8    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
9    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
11    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
12    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
13    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
14    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
15    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
16    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
17    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
18    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
19    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
20    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
21    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
22    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
23    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
24    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
25    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
26    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    driver permit for a period of 3 years to an applicant who
2    fails to obtain a negative result on a drug test as
3    required in item 6 of subsection (a) of this Section or
4    under federal law.
5        (5) The Secretary of State shall forthwith suspend a
6    school bus driver permit for a period of 3 years upon
7    receiving notice that the holder has failed to obtain a
8    negative result on a drug test as required in item 6 of
9    subsection (a) of this Section or under federal law.
10        (6) The Secretary of State shall suspend a school bus
11    driver permit for a period of 3 years upon receiving notice
12    from the employer that the holder failed to perform the
13    inspection procedure set forth in subsection (a) or (b) of
14    Section 12-816 of this Code.
15        (7) The Secretary of State shall suspend a school bus
16    driver permit for a period of 3 years upon receiving notice
17    from the employer that the holder refused to submit to an
18    alcohol or drug test as required by Section 6-106.1c or has
19    submitted to a test required by that Section which
20    disclosed an alcohol concentration of more than 0.00 or
21    disclosed a positive result on a National Institute on Drug
22    Abuse five-drug panel, utilizing federal standards set
23    forth in 49 CFR 40.87.
24    The Secretary of State shall notify the State
25Superintendent of Education and the permit holder's
26prospective or current employer that the applicant has (1) has

 

 

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1failed a criminal background investigation or (2) is no longer
2eligible for a school bus driver permit; and of the related
3cancellation of the applicant's provisional school bus driver
4permit. The cancellation shall remain in effect pending the
5outcome of a hearing pursuant to Section 2-118 of this Code.
6The scope of the hearing shall be limited to the issuance
7criteria contained in subsection (a) of this Section. A
8petition requesting a hearing shall be submitted to the
9Secretary of State and shall contain the reason the individual
10feels he or she is entitled to a school bus driver permit. The
11permit holder's employer shall notify in writing to the
12Secretary of State that the employer has certified the removal
13of the offending school bus driver from service prior to the
14start of that school bus driver's next workshift. An employing
15school board that fails to remove the offending school bus
16driver from service is subject to the penalties defined in
17Section 3-14.23 of the School Code. A school bus contractor who
18violates a provision of this Section is subject to the
19penalties defined in Section 6-106.11.
20    All valid school bus driver permits issued under this
21Section prior to January 1, 1995, shall remain effective until
22their expiration date unless otherwise invalidated.
23    (h) When a school bus driver permit holder who is a service
24member is called to active duty, the employer of the permit
25holder shall notify the Secretary of State, within 30 days of
26notification from the permit holder, that the permit holder has

 

 

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

 

 

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1violation of any provision of this Section or for the negligent
2hiring or retention of a school bus driver permit holder.
3(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
499-642, eff. 7-28-16.)
 
5    (Text of Section after amendment by P.A. 100-513)
6    Sec. 6-106.1. School bus driver permit.
7    (a) The Secretary of State shall issue a school bus driver
8permit to those applicants who have met all the requirements of
9the application and screening process under this Section to
10insure the welfare and safety of children who are transported
11on school buses throughout the State of Illinois. Applicants
12shall obtain the proper application required by the Secretary
13of State from their prospective or current employer and submit
14the completed application to the prospective or current
15employer along with the necessary fingerprint submission as
16required by the Department of State Police to conduct
17fingerprint based criminal background checks on current and
18future information available in the state system and current
19information available through the Federal Bureau of
20Investigation's system. Applicants who have completed the
21fingerprinting requirements shall not be subjected to the
22fingerprinting process when applying for subsequent permits or
23submitting proof of successful completion of the annual
24refresher course. Individuals who on July 1, 1995 (the
25effective date of Public Act 88-612) possess a valid school bus

 

 

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1driver permit that has been previously issued by the
2appropriate Regional School Superintendent are not subject to
3the fingerprinting provisions of this Section as long as the
4permit remains valid and does not lapse. The applicant shall be
5required to pay all related application and fingerprinting fees
6as established by rule including, but not limited to, the
7amounts established by the Department of State Police and the
8Federal Bureau of Investigation to process fingerprint based
9criminal background investigations. All fees paid for
10fingerprint processing services under this Section shall be
11deposited into the State Police Services Fund for the cost
12incurred in processing the fingerprint based criminal
13background investigations. All other fees paid under this
14Section shall be deposited into the Road Fund for the purpose
15of defraying the costs of the Secretary of State in
16administering this Section. All applicants must:
17        1. be 21 years of age or older;
18        2. possess a valid and properly classified driver's
19    license issued by the Secretary of State;
20        3. possess a valid driver's license, which has not been
21    revoked, suspended, or canceled for 3 years immediately
22    prior to the date of application, or have not had his or
23    her commercial motor vehicle driving privileges
24    disqualified within the 3 years immediately prior to the
25    date of application;
26        4. successfully pass a written test, administered by

 

 

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1    the Secretary of State, on school bus operation, school bus
2    safety, and special traffic laws relating to school buses
3    and submit to a review of the applicant's driving habits by
4    the Secretary of State at the time the written test is
5    given;
6        5. demonstrate ability to exercise reasonable care in
7    the operation of school buses in accordance with rules
8    promulgated by the Secretary of State;
9        6. demonstrate physical fitness to operate school
10    buses by submitting the results of a medical examination,
11    including tests for drug use for each applicant not subject
12    to such testing pursuant to federal law, conducted by a
13    licensed physician, a licensed advanced practice
14    registered nurse, or a licensed physician assistant within
15    90 days of the date of application according to standards
16    promulgated by the Secretary of State;
17        7. affirm under penalties of perjury that he or she has
18    not made a false statement or knowingly concealed a
19    material fact in any application for permit;
20        8. have completed an initial classroom course,
21    including first aid procedures, in school bus driver safety
22    as promulgated by the Secretary of State; and after
23    satisfactory completion of said initial course an annual
24    refresher course; such courses and the agency or
25    organization conducting such courses shall be approved by
26    the Secretary of State; failure to complete the annual

 

 

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1    refresher course, shall result in cancellation of the
2    permit until such course is completed;
3        9. not have been under an order of court supervision
4    for or convicted of 2 or more serious traffic offenses, as
5    defined by rule, within one year prior to the date of
6    application that may endanger the life or safety of any of
7    the driver's passengers within the duration of the permit
8    period;
9        10. not have been under an order of court supervision
10    for or convicted of reckless driving, aggravated reckless
11    driving, driving while under the influence of alcohol,
12    other drug or drugs, intoxicating compound or compounds or
13    any combination thereof, or reckless homicide resulting
14    from the operation of a motor vehicle within 3 years of the
15    date of application;
16        11. not have been convicted of committing or attempting
17    to commit any one or more of the following offenses: (i)
18    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
19    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
20    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
21    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
22    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
23    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
24    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
25    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
26    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

 

 

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1    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
2    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
3    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
4    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
5    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
6    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
7    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
8    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
9    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
10    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
11    in subsection (a) and subsection (b), clause (1), of
12    Section 12-4, and in subsection (A), clauses (a) and (b),
13    of Section 24-3, and those offenses contained in Article
14    29D of the Criminal Code of 1961 or the Criminal Code of
15    2012; (ii) those offenses defined in the Cannabis Control
16    Act except those offenses defined in subsections (a) and
17    (b) of Section 4, and subsection (a) of Section 5 of the
18    Cannabis Control Act; (iii) those offenses defined in the
19    Illinois Controlled Substances Act; (iv) those offenses
20    defined in the Methamphetamine Control and Community
21    Protection Act; (v) any offense committed or attempted in
22    any other state or against the laws of the United States,
23    which if committed or attempted in this State would be
24    punishable as one or more of the foregoing offenses; (vi)
25    the offenses defined in Section 4.1 and 5.1 of the Wrongs
26    to Children Act or Section 11-9.1A of the Criminal Code of

 

 

HB5653- 18 -LRB100 15416 AXK 30404 b

1    1961 or the Criminal Code of 2012; (vii) those offenses
2    defined in Section 6-16 of the Liquor Control Act of 1934;
3    and (viii) those offenses defined in the Methamphetamine
4    Precursor Control Act;
5        12. not have been repeatedly involved as a driver in
6    motor vehicle collisions or been repeatedly convicted of
7    offenses against laws and ordinances regulating the
8    movement of traffic, to a degree which indicates lack of
9    ability to exercise ordinary and reasonable care in the
10    safe operation of a motor vehicle or disrespect for the
11    traffic laws and the safety of other persons upon the
12    highway;
13        13. not have, through the unlawful operation of a motor
14    vehicle, caused an accident resulting in the death of any
15    person;
16        14. not have, within the last 5 years, been adjudged to
17    be afflicted with or suffering from any mental disability
18    or disease; and
19        15. consent, in writing, to the release of results of
20    reasonable suspicion drug and alcohol testing under
21    Section 6-106.1c of this Code by the employer of the
22    applicant to the Secretary of State.
23    (b) A school bus driver permit shall be valid for a period
24specified by the Secretary of State as set forth by rule. It
25shall be renewable upon compliance with subsection (a) of this
26Section.

 

 

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1    (c) A school bus driver permit shall contain the holder's
2driver's license number, legal name, residence address, zip
3code, and date of birth, a brief description of the holder and
4a space for signature. The Secretary of State may require a
5suitable photograph of the holder.
6    (d) The employer shall be responsible for conducting a
7pre-employment interview with prospective school bus driver
8candidates, distributing school bus driver applications and
9medical forms to be completed by the applicant, and submitting
10the applicant's fingerprint cards to the Department of State
11Police that are required for the criminal background
12investigations. The employer shall certify in writing to the
13Secretary of State that all pre-employment conditions have been
14successfully completed including the successful completion of
15an Illinois specific criminal background investigation through
16the Department of State Police and the submission of necessary
17fingerprints to the Federal Bureau of Investigation for
18criminal history information available through the Federal
19Bureau of Investigation system. The applicant shall present the
20certification to the Secretary of State at the time of
21submitting the school bus driver permit application.
22    (e) Permits shall initially be provisional upon receiving
23certification from the employer that all pre-employment
24conditions have been successfully completed, and upon
25successful completion of all training and examination
26requirements for the classification of the vehicle to be

 

 

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1operated, the Secretary of State shall provisionally issue a
2School Bus Driver Permit. The permit shall remain in a
3provisional status pending the completion of the Federal Bureau
4of Investigation's criminal background investigation based
5upon fingerprinting specimens submitted to the Federal Bureau
6of Investigation by the Department of State Police. The Federal
7Bureau of Investigation shall report the findings directly to
8the Secretary of State. The Secretary of State shall remove the
9bus driver permit from provisional status upon the applicant's
10successful completion of the Federal Bureau of Investigation's
11criminal background investigation.
12    (f) A school bus driver permit holder shall notify the
13employer and the Secretary of State if he or she is issued an
14order of court supervision for or convicted in another state of
15an offense that would make him or her ineligible for a permit
16under subsection (a) of this Section. The written notification
17shall be made within 5 days of the entry of the order of court
18supervision or conviction. Failure of the permit holder to
19provide the notification is punishable as a petty offense for a
20first violation and a Class B misdemeanor for a second or
21subsequent violation.
22    (g) Cancellation; suspension; notice and procedure.
23        (1) The Secretary of State shall cancel a school bus
24    driver permit of an applicant whose criminal background
25    investigation discloses that he or she is not in compliance
26    with the provisions of subsection (a) of this Section.

 

 

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1        (2) The Secretary of State shall cancel a school bus
2    driver permit when he or she receives notice that the
3    permit holder fails to comply with any provision of this
4    Section or any rule promulgated for the administration of
5    this Section.
6        (3) The Secretary of State shall cancel a school bus
7    driver permit if the permit holder's restricted commercial
8    or commercial driving privileges are withdrawn or
9    otherwise invalidated.
10        (4) The Secretary of State may not issue a school bus
11    driver permit for a period of 3 years to an applicant who
12    fails to obtain a negative result on a drug test as
13    required in item 6 of subsection (a) of this Section or
14    under federal law.
15        (5) The Secretary of State shall forthwith suspend a
16    school bus driver permit for a period of 3 years upon
17    receiving notice that the holder has failed to obtain a
18    negative result on a drug test as required in item 6 of
19    subsection (a) of this Section or under federal law.
20        (6) The Secretary of State shall suspend a school bus
21    driver permit for a period of 3 years upon receiving notice
22    from the employer that the holder failed to perform the
23    inspection procedure set forth in subsection (a) or (b) of
24    Section 12-816 of this Code.
25        (7) The Secretary of State shall suspend a school bus
26    driver permit for a period of 3 years upon receiving notice

 

 

HB5653- 22 -LRB100 15416 AXK 30404 b

1    from the employer that the holder refused to submit to an
2    alcohol or drug test as required by Section 6-106.1c or has
3    submitted to a test required by that Section which
4    disclosed an alcohol concentration of more than 0.00 or
5    disclosed a positive result on a National Institute on Drug
6    Abuse five-drug panel, utilizing federal standards set
7    forth in 49 CFR 40.87.
8        (8) The Secretary of State may suspend a school bus
9    driver permit for a period of 6 months after investigation
10    of a complaint received from the employer or a school
11    district of a permit holder and filed against the permit
12    holder by the school district, a parent or legal guardian
13    of a school child, or a person who makes a complaint call
14    under Section 12-821 of this Code.
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

 

 

HB5653- 23 -LRB100 15416 AXK 30404 b

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

 

 

HB5653- 24 -LRB100 15416 AXK 30404 b

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. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
2199-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
22    (625 ILCS 5/12-821)
23    Sec. 12-821. Display of telephone number; complaint calls.
24    (a) Each school bus and multifunction school-activity bus
25shall display at the rear of the bus a sign, with letters and

 

 

HB5653- 25 -LRB100 15416 AXK 30404 b

1numerals readily visible and readable, indicating the area code
2and telephone number of the owner of the bus, regardless of
3whether the owner is a school district or another person or
4entity. The sign shall be in the following form:
5    "TO COMMENT ON MY DRIVING, CALL (area code and telephone
6number of bus owner)".
7    A school bus owner who placed a sign conforming to the
8requirements of Public Act 95-176 on a school bus before
9January 1, 2010 (the effective date of Public Act 96-655) may
10continue to use that sign on that school bus rather than a sign
11that conforms to the requirements of Public Act 96-655;
12however, if the school bus owner replaces that sign, the
13replacement sign shall conform to the requirements of Public
14Act 96-655.
15    (b) The owner of each school bus or multifunction
16school-activity bus shall establish procedures for accepting
17the calls provided for under subsection (a) and for taking
18complaints.
19    (c) The procedures established under subsection (b) shall
20include, but not be limited to:
21        (1) an internal investigation of the events that led to
22    each complaint; and
23        (1.5) notice to the Secretary of State within 30 days
24    of the complaint; and
25        (2) a report to the complaining party and the Secretary
26    of State on the results of the investigation and the action

 

 

HB5653- 26 -LRB100 15416 AXK 30404 b

1    taken, if any.
2(Source: P.A. 95-176, eff. 1-1-08; 96-410, eff. 7-1-10; 96-655,
3eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.