Illinois General Assembly - Full Text of HB0147
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Full Text of HB0147  97th General Assembly


Rep. Lisa M. Dugan

Filed: 3/1/2011





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2    AMENDMENT NO. ______. Amend House Bill 147 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 6-106.1 and by adding Section 6-106.1c as
7    (625 ILCS 5/6-106.1)
8    Sec. 6-106.1. School bus driver permit.
9    (a) The Secretary of State shall issue a school bus driver
10permit to those applicants who have met all the requirements of
11the application and screening process under this Section to
12insure the welfare and safety of children who are transported
13on school buses throughout the State of Illinois. Applicants
14shall obtain the proper application required by the Secretary
15of State from their prospective or current employer and submit
16the completed application to the prospective or current



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



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1applicants must:
2        1. be 21 years of age or older;
3        2. possess a valid and properly classified driver's
4    license issued by the Secretary of State;
5        3. possess a valid driver's license, which has not been
6    revoked, suspended, or canceled for 3 years immediately
7    prior to the date of application, or have not had his or
8    her commercial motor vehicle driving privileges
9    disqualified within the 3 years immediately prior to the
10    date of application;
11        4. successfully pass a written test, administered by
12    the Secretary of State, on school bus operation, school bus
13    safety, and special traffic laws relating to school buses
14    and submit to a review of the applicant's driving habits by
15    the Secretary of State at the time the written test is
16    given;
17        5. demonstrate ability to exercise reasonable care in
18    the operation of school buses in accordance with rules
19    promulgated by the Secretary of State;
20        6. demonstrate physical fitness to operate school
21    buses by submitting the results of a medical examination,
22    including tests for drug use for each applicant not subject
23    to such testing pursuant to federal law, conducted by a
24    licensed physician, an advanced practice nurse who has a
25    written collaborative agreement with a collaborating
26    physician which authorizes him or her to perform medical



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1    examinations, or a physician assistant who has been
2    delegated the performance of medical examinations by his or
3    her supervising physician within 90 days of the date of
4    application according to standards promulgated by the
5    Secretary of State;
6        7. affirm under penalties of perjury that he or she has
7    not made a false statement or knowingly concealed a
8    material fact in any application for permit;
9        8. have completed an initial classroom course,
10    including first aid procedures, in school bus driver safety
11    as promulgated by the Secretary of State; and after
12    satisfactory completion of said initial course an annual
13    refresher course; such courses and the agency or
14    organization conducting such courses shall be approved by
15    the Secretary of State; failure to complete the annual
16    refresher course, shall result in cancellation of the
17    permit until such course is completed;
18        9. not have been convicted of 2 or more serious traffic
19    offenses, as defined by rule, within one year prior to the
20    date of application that may endanger the life or safety of
21    any of the driver's passengers within the duration of the
22    permit period;
23        10. not have been convicted of reckless driving,
24    aggravated reckless driving, driving while under the
25    influence of alcohol, other drug or drugs, intoxicating
26    compound or compounds or any combination thereof, or



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1    reckless homicide resulting from the operation of a motor
2    vehicle within 3 years of the date of application;
3        11. not have been convicted of committing or attempting
4    to commit any one or more of the following offenses: (i)
5    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
6    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
7    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
8    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
9    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
10    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
11    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
13    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
14    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
15    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
16    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
17    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
18    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
19    Section 8-1, and in subsection (a) and subsection (b),
20    clause (1), of Section 12-4, and in subsection (A), clauses
21    (a) and (b), of Section 24-3, and those offenses contained
22    in Article 29D of the Criminal Code of 1961; (ii) those
23    offenses defined in the Cannabis Control Act except those
24    offenses defined in subsections (a) and (b) of Section 4,
25    and subsection (a) of Section 5 of the Cannabis Control
26    Act; (iii) those offenses defined in the Illinois



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1    Controlled Substances Act; (iv) those offenses defined in
2    the Methamphetamine Control and Community Protection Act;
3    (v) any offense committed or attempted in any other state
4    or against the laws of the United States, which if
5    committed or attempted in this State would be punishable as
6    one or more of the foregoing offenses; (vi) the offenses
7    defined in Section 4.1 and 5.1 of the Wrongs to Children
8    Act; (vii) those offenses defined in Section 6-16 of the
9    Liquor Control Act of 1934; and (viii) those offenses
10    defined in the Methamphetamine Precursor Control Act; .
11        12. not have been repeatedly involved as a driver in
12    motor vehicle collisions or been repeatedly convicted of
13    offenses against laws and ordinances regulating the
14    movement of traffic, to a degree which indicates lack of
15    ability to exercise ordinary and reasonable care in the
16    safe operation of a motor vehicle or disrespect for the
17    traffic laws and the safety of other persons upon the
18    highway;
19        13. not have, through the unlawful operation of a motor
20    vehicle, caused an accident resulting in the death of any
21    person; and
22        14. not have, within the last 5 years, been adjudged to
23    be afflicted with or suffering from any mental disability
24    or disease; and .
25        15. consent, in writing, to the release of results of
26    reasonable suspicion drug and alcohol testing under



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1    Section 6-106.1c of this Code by the employer of the
2    applicant to the Secretary of State.
3    (b) A school bus driver permit shall be valid for a period
4specified by the Secretary of State as set forth by rule. It
5shall be renewable upon compliance with subsection (a) of this
7    (c) A school bus driver permit shall contain the holder's
8driver's license number, legal name, residence address, zip
9code, social security number and date of birth, a brief
10description of the holder and a space for signature. The
11Secretary of State may require a suitable photograph of the
13    (d) The employer shall be responsible for conducting a
14pre-employment interview with prospective school bus driver
15candidates, distributing school bus driver applications and
16medical forms to be completed by the applicant, and submitting
17the applicant's fingerprint cards to the Department of State
18Police that are required for the criminal background
19investigations. The employer shall certify in writing to the
20Secretary of State that all pre-employment conditions have been
21successfully completed including the successful completion of
22an Illinois specific criminal background investigation through
23the Department of State Police and the submission of necessary
24fingerprints to the Federal Bureau of Investigation for
25criminal history information available through the Federal
26Bureau of Investigation system. The applicant shall present the



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1certification to the Secretary of State at the time of
2submitting the school bus driver permit application.
3    (e) Permits shall initially be provisional upon receiving
4certification from the employer that all pre-employment
5conditions have been successfully completed, and upon
6successful completion of all training and examination
7requirements for the classification of the vehicle to be
8operated, the Secretary of State shall provisionally issue a
9School Bus Driver Permit. The permit shall remain in a
10provisional status pending the completion of the Federal Bureau
11of Investigation's criminal background investigation based
12upon fingerprinting specimens submitted to the Federal Bureau
13of Investigation by the Department of State Police. The Federal
14Bureau of Investigation shall report the findings directly to
15the Secretary of State. The Secretary of State shall remove the
16bus driver permit from provisional status upon the applicant's
17successful completion of the Federal Bureau of Investigation's
18criminal background investigation.
19    (f) A school bus driver permit holder shall notify the
20employer and the Secretary of State if he or she is convicted
21in another state of an offense that would make him or her
22ineligible for a permit under subsection (a) of this Section.
23The written notification shall be made within 5 days of the
24entry of the conviction. Failure of the permit holder to
25provide the notification is punishable as a petty offense for a
26first violation and a Class B misdemeanor for a second or



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



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1    driver permit for a period of 3 years upon receiving notice
2    from the employer that the holder failed to perform the
3    inspection procedure set forth in subsection (a) or (b) of
4    Section 12-816 of this Code.
5        (7) The Secretary of State shall suspend a school bus
6    driver permit for a period of 3 years upon receiving notice
7    from the employer that the holder refused to submit to an
8    alcohol or drug test as required by Section 6-106.1c or has
9    submitted to a test required by that Section which
10    disclosed an alcohol concentration of more than 0.00, any
11    amount of cannabis as covered by the Cannabis Control Act,
12    a controlled substance listed in the Illinois Controlled
13    Substances Act, methamphetamine as listed in the
14    Methamphetamine Control and Community Protection Act, or
15    any intoxicating compound listed in the Use of Intoxicating
16    Compounds Act.
17    The Secretary of State shall notify the State
18Superintendent of Education and the permit holder's
19prospective or current employer that the applicant has (1) has
20failed a criminal background investigation or (2) is no longer
21eligible for a school bus driver permit; and of the related
22cancellation of the applicant's provisional school bus driver
23permit. The cancellation shall remain in effect pending the
24outcome of a hearing pursuant to Section 2-118 of this Code.
25The scope of the hearing shall be limited to the issuance
26criteria contained in subsection (a) of this Section. A



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1petition requesting a hearing shall be submitted to the
2Secretary of State and shall contain the reason the individual
3feels he or she is entitled to a school bus driver permit. The
4permit holder's employer shall notify in writing to the
5Secretary of State that the employer has certified the removal
6of the offending school bus driver from service prior to the
7start of that school bus driver's next workshift. An employing
8school board that fails to remove the offending school bus
9driver from service is subject to the penalties defined in
10Section 3-14.23 of the School Code. A school bus contractor who
11violates a provision of this Section is subject to the
12penalties defined in Section 6-106.11.
13    All valid school bus driver permits issued under this
14Section prior to January 1, 1995, shall remain effective until
15their expiration date unless otherwise invalidated.
16    (h) When a school bus driver permit holder who is a service
17member is called to active duty, the employer of the permit
18holder shall notify the Secretary of State, within 30 days of
19notification from the permit holder, that the permit holder has
20been called to active duty. Upon notification pursuant to this
21subsection, (i) the Secretary of State shall characterize the
22permit as inactive until a permit holder renews the permit as
23provided in subsection (i) of this Section, and (ii) if a
24permit holder fails to comply with the requirements of this
25Section while called to active duty, the Secretary of State
26shall not characterize the permit as invalid.



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1    (i) A school bus driver permit holder who is a service
2member returning from active duty must, within 90 days, renew a
3permit characterized as inactive pursuant to subsection (h) of
4this Section by complying with the renewal requirements of
5subsection (b) of this Section.
6    (j) For purposes of subsections (h) and (i) of this
8    "Active duty" means active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor.
11    "Service member" means a member of the Armed Services or
12reserve forces of the United States or a member of the Illinois
13National Guard.
14(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1596-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
167-22-10; revised 9-2-10.)
17    (625 ILCS 5/6-106.1c new)
18    Sec. 6-106.1c. Reasonable suspicion drug and alcohol
19testing of school bus driver permit holders.
20    (a) An employer of a school bus driver permit holder who
21holds a commercial driver's license and who works for the
22employer as a school bus driver and is therefore subject to 49
23CFR 382.307 shall notify the Secretary of State, in a manner
24and form prescribed by the Secretary, of the result of a
25reasonable suspicion test when: (i) the test indicates an



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1alcohol concentration greater than 0.00; (ii) the test
2discloses any amount of drugs; or (iii) when a driver refuses
3testing. The notification to the Secretary must be submitted
4within 48 hours of the refusal of testing or the employer's
5receipt of the test results.
6    (b) Employers of school bus driver permit holders who do
7not hold commercial driver's licenses and school bus driver
8permit holders who do not hold commercial driver's licenses are
9hereby made subject to 49 CFR 382.307 regarding reasonable
10suspicion testing, which must be done in conformance with 49
11CFR Parts 40 and 382, except that the test results shall not be
12reported to the employer utilizing the Federal Drug Testing
13Custody and Control Form or the U.S. Department of
14Transportation Alcohol Testing Form, but shall be reported to
15the employer in a manner and form approved by the Secretary.
16The employer shall notify the Secretary, in a manner and form
17prescribed by the Secretary, of the result of a reasonable
18suspicion test when: (i) the test indicates an alcohol
19concentration greater than 0.00; (ii) the test discloses any
20amount of drugs; or (iii) when a driver refuses testing. The
21notification to the Secretary must be submitted within 48 hours
22of the refusal of testing or the employer's receipt of the test
24    (c) The Secretary of State may adopt rules to implement
25this Section.



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1    Section 99. Effective date. This Act takes effect January
21, 2012.".