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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1611eng SB1611 Engrossed SRS92SB0113AKap 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 amendatory Act of the 92nd 28 General Assembly possess a valid school bus driver permit 29 that has been previously issued by the appropriate Regional 30 School Superintendent arenotsubject to the fingerprinting 31 provisions of this Section. The fingerprinting requirements SB1611 Engrossed -2- SRS92SB0113AKap 1 for these individuals must be completed by July 1, 2003.as2long as the permit remains valid and does not lapse.3 Both State and federal fingerprint cards of individuals 4 seeking permits as school bus drivers shall be transmitted to 5 the Department of State Police for processing and storage of 6 the fingerprint cards. Applicants shall be electronically 7 fingerprinted by a sheriff's department, local law 8 enforcement or any agent of any State agency providing 9 electronic fingerprint services in a form and manner 10 prescribed by the Department of State Police. The Secretary 11 of State shall prescribe the form and manner for the data 12 provided to the Secretary of State from the fingerprint 13 submission process. The applicant shall be required to pay 14 all related fees as established by rule, including but not 15 limited to the electronic fingerprinting service fee and the 16 fees established by the Department of State Police and 17 Federal Bureau of Investigation for processing fingerprint 18 based criminal history background investigations. However, 19 those school bus drivers required to undergo 20 fingerprinting-based criminal background investigations, 21 required by this amendatory Act of the 92nd General Assembly, 22 shall not be required to pay the fingerprinting fees. 23 Subject to appropriation, the State Board of Education shall 24 reimburse schools for the cost of the fingerprinting fees. 25 All fingerprinting fees shall be paid by the school district. 26 Both those districts that contract for school bus service and 27 those districts that operate their own school buses shall be 28 eligible for reimbursement. Fees associated with electronic 29 fingerprinting shall be retained by the sheriff's department, 30 local law enforcement or any agent of any State agency if it 31 performed the fingerprinting service or deposited in the 32 State Police Services Fund if an agent of the State performed 33 the electronic fingerprinting service. 34 The applicant shall be required to pay all related SB1611 Engrossed -3- SRS92SB0113AKap 1 application and fingerprinting fees as established by rule 2 including, but not limited to, the amounts established by the 3 Department of State Police and the Federal Bureau of 4 Investigation to process fingerprint based criminal 5 background investigations. All fees paid for fingerprint 6 processing services under this Section shall be deposited 7 into the State Police Services Fund for the cost incurred in 8 processing the fingerprint based criminal background 9 investigations. All other fees paid under this Section shall 10 be deposited into the Road Fund for the purpose of defraying 11 the costs of the Secretary of State in administering this 12 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, suspended, 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, SB1611 Engrossed -4- SRS92SB0113AKap 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, SB1611 Engrossed -5- SRS92SB0113AKap 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 SB1611 Engrossed -6- SRS92SB0113AKap 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 having 9 the applicant electronically fingerprinted by a sheriff's 10 Department, local law enforcement or agent of any State 11 agency providing electronic fingerprint services and insuring 12 electronic transmissionsubmitting the applicant's13fingerprint cardsto the Department of State Police in a form 14 and manner prescribed by the Department of State Police as 15that arerequired for the criminal background investigations. 16 The employer shall certify in writing to the Secretary of 17 State that all pre-employment conditions have been 18 successfully completed including the successful completion of 19 an Illinois specific criminal background investigation 20 through the Department of State Police and the submission of 21 necessary fingerprints to the Federal Bureau of Investigation 22 for criminal history information available through the 23 Federal Bureau of Investigation system. The applicant shall 24 present the certification to the Secretary of State at the 25 time of submitting the school bus driver permit application. 26 (e) Permits shall initially be provisional upon 27 receiving certification from the employer that all 28 pre-employment conditions have been successfully completed, 29 and upon successful completion of all training and 30 examination requirements for the classification of the 31 vehicle to be operated, the Secretary of State shall 32 provisionally issue a School Bus Driver Permit. The permit 33 shall remain in a provisional status pending the completion 34 of the Federal Bureau of Investigation's criminal background SB1611 Engrossed -7- SRS92SB0113AKap 1 investigation based upon fingerprinting specimens submitted 2 to the Federal Bureau of Investigation by the Department of 3 State Police. The Federal Bureau of Investigation shall 4 report the findings directly to the Secretary of State. The 5 Secretary of State shall remove the bus driver permit from 6 provisional status upon the applicant's successful completion 7 of the Federal Bureau of Investigation's criminal background 8 investigation. 9 (f) A school bus driver permit holder shall notify the 10 employer and the Secretary of State if he or she is convicted 11 in another state of an offense that would make him or her 12 ineligible for a permit under subsection (a) of this Section. 13 The written notification shall be made within 5 days of the 14 entry of the conviction. Failure of the permit holder to 15 provide the notification is punishable as a petty offense for 16 a first violation and a Class B misdemeanor for a second or 17 subsequent violation. 18 (g) Cancellation; suspension; notice and procedure. 19 (1) The Secretary of State shall cancel a school 20 bus driver permit of an applicant whose criminal 21 background investigation discloses that he or she is not 22 in compliance with the provisions of subsection (a) of 23 this Section. 24 (2) The Secretary of State shall cancel a school 25 bus driver permit when he or she receives notice that the 26 permit holder fails to comply with any provision of this 27 Section or any rule promulgated for the administration of 28 this Section. 29 (3) The Secretary of State shall cancel a school 30 bus driver permit if the permit holder's restricted 31 commercial or commercial driving privileges are withdrawn 32 or otherwise invalidated. 33 (4) The Secretary of State may not issue a school 34 bus driver permit for a period of 3 years to an applicant SB1611 Engrossed -8- SRS92SB0113AKap 1 who fails to obtain a negative result on a drug test as 2 required in item 6 of subsection (a) of this Section or 3 under federal law. 4 (5) The Secretary of State shall forthwith suspend 5 a school bus driver permit for a period of 3 years upon 6 receiving notice that the holder has failed to obtain a 7 negative result on a drug test as required in item 6 of 8 subsection (a) of this Section or under federal law. 9 The Secretary of State shall notify the State 10 Superintendent of Education and the permit holder's 11 prospective or current employer that the applicant has (1) 12 has failed a criminal background investigation or (2) is no 13 longer eligible for a school bus driver permit; and of the 14 related cancellation of the applicant's provisional school 15 bus driver permit. The cancellation shall remain in effect 16 pending the outcome of a hearing pursuant to Section 2-118 17 of this Code. The scope of the hearing shall be limited to 18 the issuance criteria contained in subsection (a) of this 19 Section. A petition requesting a hearing shall be submitted 20 to the Secretary of State and shall contain the reason the 21 individual feels he or she is entitled to a school bus driver 22 permit. The permit holder's employer shall notify in writing 23 to the Secretary of State that the employer has certified the 24 removal of the offending school bus driver from service prior 25 to the start of that school bus driver's next workshift. An 26 employing school board that fails to remove the offending 27 school bus driver from service is subject to the penalties 28 defined in Section 3-14.23 of the School Code. A school bus 29 contractor who violates a provision of this Section is 30 subject to the penalties defined in Section 6-106.11. 31 All valid school bus driver permits issued under this 32 Section prior to January 1, 1995, shall remain effective 33 until their expiration date unless otherwise invalidated. 34 (Source: P.A. 90-191, eff. 1-1-98; 91-500, eff. 8-13-99.) SB1611 Engrossed -9- SRS92SB0113AKap 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.