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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
91_HB1869enr HB1869 Enrolled LRB9104525KSks 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 6-106.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 6-106.1 as follows: 7 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) 8 Sec. 6-106.1. School bus driver permit. 9 (a) The Secretary of State shall issue a school bus 10 driver permit to those applicants who have met all the 11 requirements of the application and screening process under 12 this Section to insure the welfare and safety of children who 13 are transported on school buses throughout the State of 14 Illinois. Applicants shall obtain the proper application 15 required by the Secretary of State from their prospective or 16 current employer and submit the completed application to the 17 prospective or current employer along with the necessary 18 fingerprint submission as required by the Department of State 19 Police to conduct fingerprint based criminal background 20 checks on current and future information available in the 21 state system and current information available through the 22 Federal Bureau of Investigation's system. Applicants who 23 have completed the fingerprinting requirements shall not be 24 subjected to the fingerprinting process when applying for 25 subsequent permits or submitting proof of successful 26 completion of the annual refresher course. Individuals who 27 on the effective date of this Act possess a valid school bus 28 driver permit that has been previously issued by the 29 appropriate Regional School Superintendent are not subject to 30 the fingerprinting provisions of this Section as long as the 31 permit remains valid and does not lapse. The applicant shall HB1869 Enrolled -2- LRB9104525KSks 1 be required to pay all related application and fingerprinting 2 fees as established by rule including, but not limited to, 3 the amounts established by the Department of State Police and 4 the Federal Bureau of Investigation to process fingerprint 5 based criminal background investigations. All fees paid for 6 fingerprint processing services under this Section shall be 7 deposited into the State Police Services Fund for the cost 8 incurred in processing the fingerprint based criminal 9 background investigations. All other fees paid under this 10 Section shall be deposited into the Road Fund for the purpose 11 of defraying the costs of the Secretary of State in 12 administering this Section. All applicants must: 13 1. be 21 years of age or older; 14 2. possess a valid and properly classified driver's 15 license issued by the Secretary of State; 16 3. possess a valid driver's license, which has not 17 been revoked,orsuspended, or canceled for 3 years 18 immediately prior to the date of application, or have not 19 had his or her commercial motor vehicle driving 20 privileges disqualified within the 3 years immediately 21 prior to the date of application; 22 4. successfully pass a written test, administered 23 by the Secretary of State, on school bus operation, 24 school bus safety, and special traffic laws relating to 25 school buses and submit to a review of the applicant's 26 driving habits by the Secretary of State at the time the 27 written test is given; 28 5. demonstrate ability to exercise reasonable care 29 in the operation of school buses in accordance with rules 30 promulgated by the Secretary of State; 31 6. demonstrate physical fitness to operate school 32 buses by submitting the results of a medical examination, 33 including tests for drug use for each applicant not 34 subject to such testing pursuant to federal law, HB1869 Enrolled -3- LRB9104525KSks 1 conducted by a licensed physician within 90 days of the 2 date of application according to standards promulgated by 3 the Secretary of State; 4 7. affirm under penalties of perjury that he or she 5 has not made a false statement or knowingly concealed a 6 material fact in any application for permit; 7 8. have completed an initial classroom course, 8 including first aid procedures, in school bus driver 9 safety as promulgated by the Secretary of State; and 10 after satisfactory completion of said initial course an 11 annual refresher course; such courses and the agency or 12 organization conducting such courses shall be approved by 13 the Secretary of State; failure to complete the annual 14 refresher course, shall result in cancellation of the 15 permit until such course is completed; 16 9. not have been convicted of 2 or more serious 17 traffic offenses, as defined by rule, within one year 18 prior to the date of application that may endanger the 19 life or safety of any of the driver's passengers within 20 the duration of the permit period; 21 10. not have been convicted of reckless driving, 22 driving while intoxicated, or reckless homicide resulting 23 from the operation of a motor vehicle within 3 years of 24 the date of application; 25 11. not have been convicted of committing or 26 attempting to commit any one or more of the following 27 offenses: (i) those offenses defined in Sections 9-1, 28 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 29 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 30 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 31 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 32 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 33 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 34 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, HB1869 Enrolled -4- LRB9104525KSks 1 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 2 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and 3 subsection (b), clause (1), of Section 12-4 of the 4 Criminal Code of 1961; (ii) those offenses defined in the 5 Cannabis Control Act except those offenses defined in 6 subsections (a) and (b) of Section 4, and subsection (a) 7 of Section 5 of the Cannabis Control Act; (iii) those 8 offenses defined in the Illinois Controlled Substances 9 Act; (iv) any offense committed or attempted in any other 10 state or against the laws of the United States, which if 11 committed or attempted in this State would be punishable 12 as one or more of the foregoing offenses; (v) the 13 offenses defined in Section 4.1 and 5.1 of the Wrongs to 14 Children Act and (vi) those offenses defined in Section 15 6-16 of the Liquor Control Act of 1934; 16 12. not have been repeatedly involved as a driver 17 in motor vehicle collisions or been repeatedly convicted 18 of offenses against laws and ordinances regulating the 19 movement of traffic, to a degree which indicates lack of 20 ability to exercise ordinary and reasonable care in the 21 safe operation of a motor vehicle or disrespect for the 22 traffic laws and the safety of other persons upon the 23 highway; 24 13. not have, through the unlawful operation of a 25 motor vehicle, caused an accident resulting in the death 26 of any person; and 27 14. not have, within the last 5 years, been 28 adjudged to be afflicted with or suffering from any 29 mental disability or disease. 30 (b) A school bus driver permit shall be valid for a 31 period specified by the Secretary of State as set forth by 32 rule. It shall be renewable upon compliance with subsection 33 (a) of this Section. 34 (c) A school bus driver permit shall contain the HB1869 Enrolled -5- LRB9104525KSks 1 holder's driver's license number, name, address, zip code, 2 social security number and date of birth, a brief description 3 of the holder and a space for signature. The Secretary of 4 State may require a suitable photograph of the holder. 5 (d) The employer shall be responsible for conducting a 6 pre-employment interview with prospective school bus driver 7 candidates, distributing school bus driver applications and 8 medical forms to be completed by the applicant, and 9 submitting the applicant's fingerprint cards to the 10 Department of State Police that are required for the criminal 11 background investigations. The employer shall certify in 12 writing to the Secretary of State that all pre-employment 13 conditions have been successfully completed including the 14 successful completion of an Illinois specific criminal 15 background investigation through the Department of State 16 Police and the submission of necessary fingerprints to the 17 Federal Bureau of Investigation for criminal history 18 information available through the Federal Bureau of 19 Investigation system. The applicant shall present the 20 certification to the Secretary of State at the time of 21 submitting the school bus driver permit application. 22 (e) Permits shall initially be provisional upon 23 receiving certification from the employer that all 24 pre-employment conditions have been successfully completed, 25 and upon successful completion of all training and 26 examination requirements for the classification of the 27 vehicle to be operated, the Secretary of State shall 28 provisionally issue a School Bus Driver Permit. The permit 29 shall remain in a provisional status pending the completion 30 of the Federal Bureau of Investigation's criminal background 31 investigation based upon fingerprinting specimens submitted 32 to the Federal Bureau of Investigation by the Department of 33 State Police. The Federal Bureau of Investigation shall 34 report the findings directly to the Secretary of State. The HB1869 Enrolled -6- LRB9104525KSks 1 Secretary of State shall remove the bus driver permit from 2 provisional status upon the applicant's successful completion 3 of the Federal Bureau of Investigation's criminal background 4 investigation. 5 (f) A school bus driver permit holder shall notify the 6 employer and the Secretary of State if he or she is convicted 7 in another state of an offense that would make him or her 8 ineligible for a permit under subsection (a) of this Section. 9 The written notification shall be made within 5 days of the 10 entry of the conviction. Failure of the permit holder to 11 provide the notification is punishable as a petty offense for 12 a first violation and a Class B misdemeanor for a second or 13 subsequent violation. 14 (g) Cancellation; suspension; notice and procedure. 15 (1) The Secretary of State shall cancel a school 16 bus driver permit of an applicant whose criminal 17 background investigation discloses that he or she is not 18 in compliance with the provisions of subsection (a) of 19 this Section. 20 (2) The Secretary of State shall cancel a school 21 bus driver permit when he or she receives notice that the 22 permit holder fails to comply with any provision of this 23 Section or any rule promulgated for the administration of 24 this Section. 25 (3) The Secretary of State shall cancel a school 26 bus driver permit if the permit holder's restricted 27 commercial or commercial driving privileges are withdrawn 28 or otherwise invalidated. 29 (4) The Secretary of State may not issue a school 30 bus driver permit for a period of 3 years to an applicant 31 who fails to obtain a negative result on a drug test as 32 required in item 6 of subsection (a) of this Section or 33 under federal law. 34 (5) The Secretary of State shall forthwith suspend HB1869 Enrolled -7- LRB9104525KSks 1 a school bus driver permit for a period of 3 years upon 2 receiving notice that the holder has failed to obtain a 3 negative result on a drug test as required in item 6 of 4 subsection (a) of this Section or under federal law. 5 The Secretary of State shall notify the State 6 Superintendent of Education and the permit holder's 7 prospective or current employer that the applicant has (1) 8 has failed a criminal background investigation or (2) is no 9 longer eligible for a school bus driver permit; and of the 10 related cancellation of the applicant's provisional school 11 bus driver permit. The cancellation shall remain in effect 12 pending the outcome of a hearing pursuant to Section 2-118 13 of this Code. The scope of the hearing shall be limited to 14 the issuance criteria contained in subsection (a) of this 15 Section. A petition requesting a hearing shall be submitted 16 to the Secretary of State and shall contain the reason the 17 individual feels he or she is entitled to a school bus driver 18 permit. The permit holder's employer shall notify in writing 19 to the Secretary of State that the employer has certified the 20 removal of the offending school bus driver from service prior 21 to the start of that school bus driver's next workshift. An 22 employing school board that fails to remove the offending 23 school bus driver from service is subject to the penalties 24 defined in Section 3-14.23 of the School Code. A school bus 25 contractor who violates a provision of this Section is 26 subject to the penalties defined in Section 6-106.11. 27 All valid school bus driver permits issued under this 28 Section prior to January 1, 1995, shall remain effective 29 until their expiration date unless otherwise invalidated. 30 (Source: P.A. 89-71, eff. 1-1-96; 89-120, eff. 7-7-95; 31 89-375, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462, eff. 32 5-29-96; 89-626, eff. 8-9-96; 90-191, eff. 1-1-98.) 33 Section 99. Effective date. This Act takes effect upon HB1869 Enrolled -8- LRB9104525KSks 1 becoming law.