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91_SB0029
LRB9101108KSgc
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 1999 possess
28 a valid school bus driver permit that has been previously
29 issued by the appropriate Regional School Superintendent are
30 not subject to the fingerprinting provisions of this Section.
31 The fingerprinting requirements for these individuals shall
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1 be completed by January 1, 2000. as long as the permit
2 remains valid and does not lapse. The applicant shall be
3 required to pay all related application and fingerprinting
4 fees as established by rule including, but not limited to,
5 the amounts established by the Department of State Police and
6 the Federal Bureau of Investigation to process fingerprint
7 based criminal background investigations. All fees paid for
8 fingerprint processing services under this Section shall be
9 deposited into the State Police Services Fund for the cost
10 incurred in processing the fingerprint based criminal
11 background investigations. All other fees paid under this
12 Section shall be deposited into the Road Fund for the purpose
13 of defraying the costs of the Secretary of State in
14 administering this Section. All applicants must:
15 1. be 21 years of age or older;
16 2. possess a valid and properly classified driver's
17 license issued by the Secretary of State;
18 3. possess a valid driver's license, which has not
19 been revoked or suspended, for 3 years immediately prior
20 to the date of application;
21 4. successfully pass a written test, administered
22 by the Secretary of State, on school bus operation,
23 school bus safety, and special traffic laws relating to
24 school buses and submit to a review of the applicant's
25 driving habits by the Secretary of State at the time the
26 written test is given;
27 5. demonstrate ability to exercise reasonable care
28 in the operation of school buses in accordance with rules
29 promulgated by the Secretary of State;
30 6. demonstrate physical fitness to operate school
31 buses by submitting the results of a medical examination,
32 including tests for drug use for each applicant not
33 subject to such testing pursuant to federal law,
34 conducted by a licensed physician within 90 days of the
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1 date of application according to standards promulgated by
2 the Secretary of State;
3 7. affirm under penalties of perjury that he or she
4 has not made a false statement or knowingly concealed a
5 material fact in any application for permit;
6 8. have completed an initial classroom course,
7 including first aid procedures, in school bus driver
8 safety as promulgated by the Secretary of State; and
9 after satisfactory completion of said initial course an
10 annual refresher course; such courses and the agency or
11 organization conducting such courses shall be approved by
12 the Secretary of State; failure to complete the annual
13 refresher course, shall result in cancellation of the
14 permit until such course is completed;
15 9. not have been convicted of 2 or more serious
16 traffic offenses, as defined by rule, within one year
17 prior to the date of application that may endanger the
18 life or safety of any of the driver's passengers within
19 the duration of the permit period;
20 10. not have been convicted of reckless driving,
21 driving while intoxicated, or reckless homicide resulting
22 from the operation of a motor vehicle within 3 years of
23 the date of application;
24 11. not have been convicted of committing or
25 attempting to commit any one or more of the following
26 offenses: (i) those offenses defined in Sections 9-1,
27 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
28 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
29 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
30 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
31 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
32 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
33 31A-1.1, and 33A-2, and in subsection (a) and subsection
34 (b), clause (1), of Section 12-4 of the Criminal Code of
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1 1961; (ii) those offenses defined in the Cannabis Control
2 Act except those offenses defined in subsections (a) and
3 (b) of Section 4, and subsection (a) of Section 5 of the
4 Cannabis Control Act; (iii) those offenses defined in the
5 Illinois Controlled Substances Act; (iv) any offense
6 committed or attempted in any other state or against the
7 laws of the United States, which if committed or
8 attempted in this State would be punishable as one or
9 more of the foregoing offenses; (v) the offenses defined
10 in Section 4.1 and 5.1 of the Wrongs to Children Act and
11 (vi) those offenses defined in Section 6-16 of the Liquor
12 Control Act of 1934;
13 12. not have been repeatedly involved as a driver
14 in motor vehicle collisions or been repeatedly convicted
15 of offenses against laws and ordinances regulating the
16 movement of traffic, to a degree which indicates lack of
17 ability to exercise ordinary and reasonable care in the
18 safe operation of a motor vehicle or disrespect for the
19 traffic laws and the safety of other persons upon the
20 highway;
21 13. not have, through the unlawful operation of a
22 motor vehicle, caused an accident resulting in the death
23 of any person; and
24 14. not have, within the last 5 years, been
25 adjudged to be afflicted with or suffering from any
26 mental disability or disease.
27 (b) A school bus driver permit shall be valid for a
28 period specified by the Secretary of State as set forth by
29 rule. It shall be renewable upon compliance with subsection
30 (a) of this Section.
31 (c) A school bus driver permit shall contain the
32 holder's driver's license number, name, address, zip code,
33 social security number and date of birth, a brief description
34 of the holder and a space for signature. The Secretary of
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1 State may require a suitable photograph of the holder.
2 (d) The employer shall be responsible for conducting a
3 pre-employment interview with prospective school bus driver
4 candidates, distributing school bus driver applications and
5 medical forms to be completed by the applicant, and
6 submitting the applicant's fingerprint cards to the
7 Department of State Police that are required for the criminal
8 background investigations. The employer shall certify in
9 writing to the Secretary of State that all pre-employment
10 conditions have been successfully completed including the
11 successful completion of an Illinois specific criminal
12 background investigation through the Department of State
13 Police and the submission of necessary fingerprints to the
14 Federal Bureau of Investigation for criminal history
15 information available through the Federal Bureau of
16 Investigation system. The applicant shall present the
17 certification to the Secretary of State at the time of
18 submitting the school bus driver permit application.
19 (e) Permits shall initially be provisional upon
20 receiving certification from the employer that all
21 pre-employment conditions have been successfully completed,
22 and upon successful completion of all training and
23 examination requirements for the classification of the
24 vehicle to be operated, the Secretary of State shall
25 provisionally issue a School Bus Driver Permit. The permit
26 shall remain in a provisional status pending the completion
27 of the Federal Bureau of Investigation's criminal background
28 investigation based upon fingerprinting specimens submitted
29 to the Federal Bureau of Investigation by the Department of
30 State Police. The Federal Bureau of Investigation shall
31 report the findings directly to the Secretary of State. The
32 Secretary of State shall remove the bus driver permit from
33 provisional status upon the applicant's successful completion
34 of the Federal Bureau of Investigation's criminal background
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1 investigation.
2 (f) A school bus driver permit holder shall notify the
3 employer and the Secretary of State if he or she is convicted
4 in another state of an offense that would make him or her
5 ineligible for a permit under subsection (a) of this Section.
6 The written notification shall be made within 5 days of the
7 entry of the conviction. Failure of the permit holder to
8 provide the notification is punishable as a petty offense for
9 a first violation and a Class B misdemeanor for a second or
10 subsequent violation.
11 (g) Cancellation; suspension; notice and procedure.
12 (1) The Secretary of State shall cancel a school
13 bus driver permit of an applicant whose criminal
14 background investigation discloses that he or she is not
15 in compliance with the provisions of subsection (a) of
16 this Section.
17 (2) The Secretary of State shall cancel a school
18 bus driver permit when he or she receives notice that the
19 permit holder fails to comply with any provision of this
20 Section or any rule promulgated for the administration of
21 this Section.
22 (3) The Secretary of State shall cancel a school
23 bus driver permit if the permit holder's restricted
24 commercial or commercial driving privileges are withdrawn
25 or otherwise invalidated.
26 (4) The Secretary of State may not issue a school
27 bus driver permit for a period of 3 years to an applicant
28 who fails to obtain a negative result on a drug test as
29 required in item 6 of subsection (a) of this Section or
30 under federal law.
31 (5) The Secretary of State shall forthwith suspend
32 a school bus driver permit for a period of 3 years upon
33 receiving notice that the holder has failed to obtain a
34 negative result on a drug test as required in item 6 of
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1 subsection (a) of this Section or under federal law.
2 The Secretary of State shall notify the State
3 Superintendent of Education and the permit holder's
4 prospective or current employer that the applicant has (1)
5 has failed a criminal background investigation or (2) is no
6 longer eligible for a school bus driver permit; and of the
7 related cancellation of the applicant's provisional school
8 bus driver permit. The cancellation shall remain in effect
9 pending the outcome of a hearing pursuant to Section 2-118
10 of this Code. The scope of the hearing shall be limited to
11 the issuance criteria contained in subsection (a) of this
12 Section. A petition requesting a hearing shall be submitted
13 to the Secretary of State and shall contain the reason the
14 individual feels he or she is entitled to a school bus driver
15 permit. The permit holder's employer shall notify in writing
16 to the Secretary of State that the employer has certified the
17 removal of the offending school bus driver from service prior
18 to the start of that school bus driver's next workshift. An
19 employing school board that fails to remove the offending
20 school bus driver from service is subject to the penalties
21 defined in Section 3-14.23 of the School Code. A school bus
22 contractor who violates a provision of this Section is
23 subject to the penalties defined in Section 6-106.11.
24 All valid school bus driver permits issued under this
25 Section prior to January 1, 1995, shall remain effective
26 until their expiration date unless otherwise invalidated.
27 (Source: P.A. 89-71, eff. 1-1-96; 89-120, eff. 7-7-95;
28 89-375, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462, eff.
29 5-29-96; 89-626, eff. 8-9-96; 90-191, eff. 1-1-98.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.