HB0147 EnrolledLRB097 05336 HEP 45391 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 Illinois Vehicle Code is amended by changing
5Section 6-106.1 and by adding Section 6-106.1c 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
17required by the Department of State Police to conduct
18fingerprint based criminal background checks on current and
19future information available in the state system and current
20information available through the Federal Bureau of
21Investigation's system. Applicants who have completed the
22fingerprinting requirements shall not be subjected to the
23fingerprinting process when applying for subsequent permits or

 

 

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1submitting proof of successful completion of the annual
2refresher course. Individuals who on the effective date of this
3Act possess a valid school bus driver permit that has been
4previously issued by the appropriate Regional School
5Superintendent are not subject to the fingerprinting
6provisions of this Section as long as the permit remains valid
7and does not lapse. The applicant shall be required to pay all
8related application and fingerprinting fees as established by
9rule including, but not limited to, the amounts established by
10the Department of State Police and the Federal Bureau of
11Investigation to process fingerprint based criminal background
12investigations. All fees paid for fingerprint processing
13services under this Section shall be deposited into the State
14Police Services Fund for the cost incurred in processing the
15fingerprint based criminal background investigations. All
16other fees paid under this Section shall be deposited into the
17Road Fund for the purpose of defraying the costs of the
18Secretary of State in administering this Section. All
19applicants 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 been
24    revoked, suspended, or canceled for 3 years immediately
25    prior to the date of application, or have not had his or
26    her commercial motor vehicle driving privileges

 

 

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1    disqualified within the 3 years immediately prior to the
2    date of application;
3        4. successfully pass a written test, administered by
4    the Secretary of State, on school bus operation, school bus
5    safety, and special traffic laws relating to school buses
6    and submit to a review of the applicant's driving habits by
7    the Secretary of State at the time the written test is
8    given;
9        5. demonstrate ability to exercise reasonable care in
10    the operation of school buses in accordance with rules
11    promulgated by the Secretary of State;
12        6. demonstrate physical fitness to operate school
13    buses by submitting the results of a medical examination,
14    including tests for drug use for each applicant not subject
15    to such testing pursuant to federal law, conducted by a
16    licensed physician, an advanced practice nurse who has a
17    written collaborative agreement with a collaborating
18    physician which authorizes him or her to perform medical
19    examinations, or a physician assistant who has been
20    delegated the performance of medical examinations by his or
21    her supervising physician within 90 days of the date of
22    application according to standards promulgated by the
23    Secretary of State;
24        7. affirm under penalties of perjury that he or she has
25    not made a false statement or knowingly concealed a
26    material fact in any application for permit;

 

 

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1        8. have completed an initial classroom course,
2    including first aid procedures, in school bus driver safety
3    as promulgated by the Secretary of State; and after
4    satisfactory completion of said initial course an annual
5    refresher course; such courses and the agency or
6    organization conducting such courses shall be approved by
7    the Secretary of State; failure to complete the annual
8    refresher course, shall result in cancellation of the
9    permit until such course is completed;
10        9. not have been convicted of 2 or more serious traffic
11    offenses, as defined by rule, within one year prior to the
12    date of application that may endanger the life or safety of
13    any of the driver's passengers within the duration of the
14    permit period;
15        10. not have been convicted of reckless driving,
16    aggravated reckless driving, driving while under the
17    influence of alcohol, other drug or drugs, intoxicating
18    compound or compounds or any combination thereof, or
19    reckless homicide resulting from the operation of a motor
20    vehicle within 3 years of the date of application;
21        11. not have been convicted of committing or attempting
22    to commit any one or more of the following offenses: (i)
23    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
24    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
25    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
26    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,

 

 

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1    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
2    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
3    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
4    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
5    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
6    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
7    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
8    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
9    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
10    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
11    Section 8-1, and in subsection (a) and subsection (b),
12    clause (1), of Section 12-4, and in subsection (A), clauses
13    (a) and (b), of Section 24-3, and those offenses contained
14    in Article 29D of the Criminal Code of 1961; (ii) those
15    offenses defined in the Cannabis Control Act except those
16    offenses defined in subsections (a) and (b) of Section 4,
17    and subsection (a) of Section 5 of the Cannabis Control
18    Act; (iii) those offenses defined in the Illinois
19    Controlled Substances Act; (iv) those offenses defined in
20    the Methamphetamine Control and Community Protection Act;
21    (v) any offense committed or attempted in any other state
22    or against the laws of the United States, which if
23    committed or attempted in this State would be punishable as
24    one or more of the foregoing offenses; (vi) the offenses
25    defined in Section 4.1 and 5.1 of the Wrongs to Children
26    Act; (vii) those offenses defined in Section 6-16 of the

 

 

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

 

 

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

 

 

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

 

 

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1    permit holder fails to comply with any provision of this
2    Section or any rule promulgated for the administration of
3    this Section.
4        (3) The Secretary of State shall cancel a school bus
5    driver permit if the permit holder's restricted commercial
6    or commercial driving privileges are withdrawn or
7    otherwise invalidated.
8        (4) The Secretary of State may not issue a school bus
9    driver permit for a period of 3 years to an applicant who
10    fails to obtain a negative result on a drug test as
11    required in item 6 of subsection (a) of this Section or
12    under federal law.
13        (5) The Secretary of State shall forthwith suspend a
14    school bus driver permit for a period of 3 years upon
15    receiving notice that the holder has failed to obtain a
16    negative result on a drug test as required in item 6 of
17    subsection (a) of this Section or under federal law.
18        (6) The Secretary of State shall suspend a school bus
19    driver permit for a period of 3 years upon receiving notice
20    from the employer that the holder failed to perform the
21    inspection procedure set forth in subsection (a) or (b) of
22    Section 12-816 of this Code.
23        (7) The Secretary of State shall suspend a school bus
24    driver permit for a period of 3 years upon receiving notice
25    from the employer that the holder refused to submit to an
26    alcohol or drug test as required by Section 6-106.1c or has

 

 

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1    submitted to a test required by that Section which
2    disclosed an alcohol concentration of more than 0.00 or
3    disclosed a positive result on a National Institute on Drug
4    Abuse five-drug panel, utilizing federal standards set
5    forth in 49 CFR 40.87.
6    The Secretary of State shall notify the State
7Superintendent of Education and the permit holder's
8prospective or current employer that the applicant has (1) has
9failed a criminal background investigation or (2) is no longer
10eligible for a school bus driver permit; and of the related
11cancellation of the applicant's provisional school bus driver
12permit. The cancellation shall remain in effect pending the
13outcome of a hearing pursuant to Section 2-118 of this Code.
14The scope of the hearing shall be limited to the issuance
15criteria contained in subsection (a) of this Section. A
16petition requesting a hearing shall be submitted to the
17Secretary of State and shall contain the reason the individual
18feels he or she is entitled to a school bus driver permit. The
19permit holder's employer shall notify in writing to the
20Secretary of State that the employer has certified the removal
21of the offending school bus driver from service prior to the
22start of that school bus driver's next workshift. An employing
23school board that fails to remove the offending school bus
24driver from service is subject to the penalties defined in
25Section 3-14.23 of the School Code. A school bus contractor who
26violates a provision of this Section is subject to the

 

 

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1penalties defined in Section 6-106.11.
2    All valid school bus driver permits issued under this
3Section prior to January 1, 1995, shall remain effective until
4their expiration date unless otherwise invalidated.
5    (h) When a school bus driver permit holder who is a service
6member is called to active duty, the employer of the permit
7holder shall notify the Secretary of State, within 30 days of
8notification from the permit holder, that the permit holder has
9been called to active duty. Upon notification pursuant to this
10subsection, (i) the Secretary of State shall characterize the
11permit as inactive until a permit holder renews the permit as
12provided in subsection (i) of this Section, and (ii) if a
13permit holder fails to comply with the requirements of this
14Section while called to active duty, the Secretary of State
15shall not characterize the permit as invalid.
16    (i) A school bus driver permit holder who is a service
17member returning from active duty must, within 90 days, renew a
18permit characterized as inactive pursuant to subsection (h) of
19this Section by complying with the renewal requirements of
20subsection (b) of this Section.
21    (j) For purposes of subsections (h) and (i) of this
22Section:
23    "Active duty" means active duty pursuant to an executive
24order of the President of the United States, an act of the
25Congress of the United States, or an order of the Governor.
26    "Service member" means a member of the Armed Services or

 

 

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1reserve forces of the United States or a member of the Illinois
2National Guard.
3(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
496-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
57-22-10; revised 9-2-10.)
 
6    (625 ILCS 5/6-106.1c new)
7    Sec. 6-106.1c. Reasonable suspicion drug and alcohol
8testing of school bus driver permit holders.
9    (a) An employer of a school bus driver permit holder who
10holds a commercial driver's license and who works for the
11employer as a school bus driver and is therefore subject to 49
12CFR 382.307 shall notify the Secretary of State, in a manner
13and form prescribed by the Secretary, of the result of a
14reasonable suspicion test when: (i) the test indicates an
15alcohol concentration greater than 0.00; (ii) the test
16indicates a positive result on a National Institute on Drug
17Abuse five-drug panel utilizing the federal standards set forth
18in 49 CFR 40.87; or (iii) when a driver refuses testing. The
19notification to the Secretary must be submitted within 48 hours
20of the refusal of testing or the employer's receipt of the test
21results.
22    (b) Employers of school bus driver permit holders who do
23not hold commercial driver's licenses and school bus driver
24permit holders who do not hold commercial driver's licenses are
25hereby made subject to 49 CFR 382.307 regarding reasonable

 

 

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1suspicion testing, which must be done in conformance with 49
2CFR Parts 40 and 382, except that the test results shall not be
3reported to the employer utilizing the Federal Drug Testing
4Custody and Control Form or the U.S. Department of
5Transportation Alcohol Testing Form, but shall be reported to
6the employer in a manner and form approved by the Secretary.
7The employer shall notify the Secretary, in a manner and form
8prescribed by the Secretary, of the result of a reasonable
9suspicion test when: (i) the test indicates an alcohol
10concentration greater than 0.00; (ii) the test indicates a
11positive result on a National Institute on Drug Abuse five-drug
12panel utilizing the federal standards set forth in 49 CFR
1340.87; or (iii) when a driver refuses testing. The notification
14to the Secretary must be submitted within 48 hours of the
15refusal of testing or the employer's receipt of the test
16results.
17    (c) The Secretary of State may adopt rules to implement
18this Section.
19    (d) The cost of a reasonable suspicion test shall be the
20responsibility of the employer, unless otherwise provided by
21contract or a collective bargaining agreement.
 
22    Section 99. Effective date. This Act takes effect January
231, 2012.