Illinois General Assembly - Full Text of HB4230
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Full Text of HB4230  102nd General Assembly

HB4230ham001 102ND GENERAL ASSEMBLY

Rep. C.D. Davidsmeyer

Filed: 3/1/2022

 

 


 

 


 
10200HB4230ham001LRB102 20958 LNS 36786 a

1
AMENDMENT TO HOUSE BILL 4230

2    AMENDMENT NO. ______. Amend House Bill 4230 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 as follows:
 
6    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 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
10of the 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

 

 

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

 

 

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1        1. be 21 years of age or older;
2        2. possess a valid and properly classified driver's
3    license issued by the Secretary of State;
4        3. possess a valid driver's license, which has not
5    been revoked, suspended, or canceled for 3 years
6    immediately prior to the date of application, or have not
7    had his or her commercial motor vehicle driving privileges
8    disqualified within the 3 years immediately prior to the
9    date of application;
10        4. successfully pass a written test, administered by
11    the Secretary of State, on school bus operation, school
12    bus safety, and special traffic laws relating to school
13    buses and submit to a review of the applicant's driving
14    habits by the Secretary of State at the time the written
15    test is given;
16        5. demonstrate ability to exercise reasonable care in
17    the operation of school buses in accordance with rules
18    promulgated by the Secretary of State;
19        6. demonstrate physical fitness to operate school
20    buses by submitting the results of a medical examination,
21    including tests for drug use for each applicant not
22    subject to such testing pursuant to federal law, conducted
23    by a licensed physician, a licensed advanced practice
24    registered nurse, or a licensed physician assistant within
25    90 days of the date of application according to standards
26    promulgated by the Secretary of State;

 

 

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

 

 

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1    attempting to commit any one or more of the following
2    offenses: (i) those offenses defined in Sections 8-1,
3    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
4    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
5    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
6    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
7    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
8    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
9    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
10    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
11    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
13    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
14    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
15    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
16    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
17    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
18    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
19    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
20    of Section 24-3, and those offenses contained in Article
21    29D of the Criminal Code of 1961 or the Criminal Code of
22    2012; (ii) those offenses defined in the Cannabis Control
23    Act except those offenses defined in subsections (a) and
24    (b) of Section 4, and subsection (a) of Section 5 of the
25    Cannabis Control Act; (iii) those offenses defined in the
26    Illinois Controlled Substances Act; (iv) those offenses

 

 

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1    defined in the Methamphetamine Control and Community
2    Protection Act; and (v) any offense committed or attempted
3    in any other state or against the laws of the United
4    States, which if committed or attempted in this State
5    would be punishable as one or more of the foregoing
6    offenses; (vi) the offenses defined in Section 4.1 and 5.1
7    of the Wrongs to Children Act or Section 11-9.1A of the
8    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
9    those offenses defined in Section 6-16 of the Liquor
10    Control Act of 1934; and (viii) those offenses defined in
11    the Methamphetamine Precursor Control Act;
12        12. not have been repeatedly involved as a driver in
13    motor vehicle collisions or been repeatedly convicted of
14    offenses against laws and ordinances regulating the
15    movement of traffic, to a degree which indicates lack of
16    ability to exercise ordinary and reasonable care in the
17    safe operation of a motor vehicle or disrespect for the
18    traffic laws and the safety of other persons upon the
19    highway;
20        13. not have, through the unlawful operation of a
21    motor vehicle, caused an accident resulting in the death
22    of any person;
23        14. not have, within the last 5 years, been adjudged
24    to be afflicted with or suffering from any mental
25    disability or disease;
26        15. consent, in writing, to the release of results of

 

 

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1    reasonable suspicion drug and alcohol testing under
2    Section 6-106.1c of this Code by the employer of the
3    applicant to the Secretary of State; and
4        16. not have been convicted of committing or
5    attempting to commit within the last 20 years: (i) an
6    offense defined in subsection (c) of Section 4, subsection
7    (b) of Section 5, and subsection (a) of Section 8 of the
8    Cannabis Control Act; or (ii) any offenses in any other
9    state or against the laws of the United States that, if
10    committed or attempted in this State, would be punishable
11    as one or more of the foregoing offenses.
12    (a-5) If an applicant's driver's license has been
13suspended within the 3 years immediately prior to the date of
14application for the sole reason of failure to pay child
15support, that suspension shall not bar the applicant from
16receiving a school bus driver permit.
17    (b) A school bus driver permit shall be valid for a period
18specified by the Secretary of State as set forth by rule. It
19shall be renewable upon compliance with subsection (a) of this
20Section.
21    (c) A school bus driver permit shall contain the holder's
22driver's license number, legal name, residence address, zip
23code, and date of birth, a brief description of the holder and
24a space for signature. The Secretary of State may require a
25suitable photograph of the holder.
26    (d) The employer shall be responsible for conducting a

 

 

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

 

 

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

 

 

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1        (3) The Secretary of State shall cancel a school bus
2    driver permit if the permit holder's restricted commercial
3    or commercial driving privileges are withdrawn or
4    otherwise invalidated.
5        (4) The Secretary of State may not issue a school bus
6    driver permit for a period of 3 years to an applicant who
7    fails to obtain a negative result on a drug test as
8    required in item 6 of subsection (a) of this Section or
9    under federal law.
10        (5) The Secretary of State shall forthwith suspend a
11    school bus driver permit for a period of 3 years upon
12    receiving notice that the holder has failed to obtain a
13    negative result on a drug test as required in item 6 of
14    subsection (a) of this Section or under federal law.
15        (6) The Secretary of State shall suspend a school bus
16    driver permit for a period of 3 years upon receiving
17    notice from the employer that the holder failed to perform
18    the inspection procedure set forth in subsection (a) or
19    (b) of Section 12-816 of this Code.
20        (7) The Secretary of State shall suspend a school bus
21    driver permit for a period of 3 years upon receiving
22    notice from the employer that the holder refused to submit
23    to an alcohol or drug test as required by Section 6-106.1c
24    or has submitted to a test required by that Section which
25    disclosed an alcohol concentration of more than 0.00 or
26    disclosed a positive result on a National Institute on

 

 

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1    Drug Abuse five-drug panel, utilizing federal standards
2    set forth in 49 CFR 40.87.
3    The Secretary of State shall notify the State
4Superintendent of Education and the permit holder's
5prospective or current employer that the applicant has (1) has
6failed a criminal background investigation or (2) is no longer
7eligible for a school bus driver permit; and of the related
8cancellation of the applicant's provisional school bus driver
9permit. The cancellation shall remain in effect pending the
10outcome of a hearing pursuant to Section 2-118 of this Code.
11The scope of the hearing shall be limited to the issuance
12criteria contained in subsection (a) of this Section. A
13petition requesting a hearing shall be submitted to the
14Secretary of State and shall contain the reason the individual
15feels he or she is entitled to a school bus driver permit. The
16permit holder's employer shall notify in writing to the
17Secretary of State that the employer has certified the removal
18of the offending school bus driver from service prior to the
19start of that school bus driver's next workshift. An employing
20school board that fails to remove the offending school bus
21driver from service is subject to the penalties defined in
22Section 3-14.23 of the School Code. A school bus contractor
23who violates a provision of this Section is subject to the
24penalties defined in Section 6-106.11.
25    All valid school bus driver permits issued under this
26Section prior to January 1, 1995, shall remain effective until

 

 

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

 

 

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1permit holder, having satisfied the employer requirements of
2this Section, shall be held to a standard of ordinary care for
3intentional acts committed in the course of employment by the
4bus driver permit holder. This subsection (k) shall in no way
5limit the liability of the private carrier employer for
6violation of any provision of this Section or for the
7negligent hiring or retention of a school bus driver permit
8holder.
9(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
10102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
1110-13-21.)".