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91_SB0029sam002
SRS91SB0029AKcbam04
1 AMENDMENT TO SENATE BILL 29
2 AMENDMENT NO. . Amend Senate Bill 29, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
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
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1 have completed the fingerprinting requirements shall not be
2 subjected to the fingerprinting process when applying for
3 subsequent permits or submitting proof of successful
4 completion of the annual refresher course. Individuals who
5 on the effective date of this amendatory Act of 1999 possess
6 a valid school bus driver permit that has been previously
7 issued by the appropriate Regional School Superintendent are
8 not subject to the fingerprinting provisions of this Section.
9 The fingerprinting requirements for these individuals shall
10 be completed by January 1, 2001. as long as the permit
11 remains valid and does not lapse.
12 Both State and federal fingerprint cards of individuals
13 seeking permits as school bus drivers shall be transmitted to
14 the Department of State Police for processing and storage of
15 the fingerprint cards. Applicants shall be electronically
16 fingerprinted by a sheriff's department or by an agent of the
17 Department of State Police or other State agency providing
18 electronic fingerprint services in a form and manner
19 prescribed by the Department of State Police and the
20 Secretary of State through written agreement. The applicant
21 shall be required to pay all related fees as established by
22 rule, including but not limited to the electronic
23 fingerprinting service fee and the fees established by the
24 Department of State Police and Federal Bureau of
25 Investigation for processing fingerprint based criminal
26 history background investigations. However, those school bus
27 drivers required to undergo fingerprinting-based criminal
28 background investigations, required by this amendatory Act of
29 1999 of the 91st General Assembly, shall not be required to
30 pay the fingerprinting fees. Subject to appropriation, the
31 State Board of Education shall reimburse schools for the cost
32 of the fingerprinting fees. All fingerprinting fees shall be
33 paid by the school district. Both those districts that
34 contract for school bus service and those districts that
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1 operate their own school buses shall be eligible for
2 reimbursement. Fees associated with electronic fingerprinting
3 shall be retained by the sheriff's department if it performed
4 the fingerprinting service or deposited in the State Police
5 Services Fund if an agent of the State performed the
6 electronic fingerprinting service.
7 The applicant shall be required to pay all related
8 application and fingerprinting fees as established by rule.
9 including, but not limited to, the amounts established by the
10 Department of State Police and the Federal Bureau of
11 Investigation to process fingerprint based criminal
12 background investigations. All fees paid for fingerprint
13 processing services under this Section shall be deposited
14 into the State Police Services Fund for the cost incurred in
15 processing the fingerprint based criminal background
16 investigations. All other fees paid under this Section shall
17 be deposited into the Road Fund for the purpose of defraying
18 the costs of the Secretary of State in administering this
19 Section. All applicants must:
20 1. be 21 years of age or older;
21 2. possess a valid and properly classified driver's
22 license issued by the Secretary of State;
23 3. possess a valid driver's license, which has not
24 been revoked or suspended, for 3 years immediately prior
25 to the date of application;
26 4. successfully pass a written test, administered
27 by the Secretary of State, on school bus operation,
28 school bus safety, and special traffic laws relating to
29 school buses and submit to a review of the applicant's
30 driving habits by the Secretary of State at the time the
31 written test is given;
32 5. demonstrate ability to exercise reasonable care
33 in the operation of school buses in accordance with rules
34 promulgated by the Secretary of State;
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1 6. demonstrate physical fitness to operate school
2 buses by submitting the results of a medical examination,
3 including tests for drug use for each applicant not
4 subject to such testing pursuant to federal law,
5 conducted by a licensed physician within 90 days of the
6 date of application according to standards promulgated by
7 the Secretary of State;
8 7. affirm under penalties of perjury that he or she
9 has not made a false statement or knowingly concealed a
10 material fact in any application for permit;
11 8. have completed an initial classroom course,
12 including first aid procedures, in school bus driver
13 safety as promulgated by the Secretary of State; and
14 after satisfactory completion of said initial course an
15 annual refresher course; such courses and the agency or
16 organization conducting such courses shall be approved by
17 the Secretary of State; failure to complete the annual
18 refresher course, shall result in cancellation of the
19 permit until such course is completed;
20 9. not have been convicted of 2 or more serious
21 traffic offenses, as defined by rule, within one year
22 prior to the date of application that may endanger the
23 life or safety of any of the driver's passengers within
24 the duration of the permit period;
25 10. not have been convicted of reckless driving,
26 driving while intoxicated, or reckless homicide resulting
27 from the operation of a motor vehicle within 3 years of
28 the date of application;
29 11. not have been convicted of committing or
30 attempting to commit any one or more of the following
31 offenses: (i) those offenses defined in Sections 9-1,
32 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
33 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
34 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
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1 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
2 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
3 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
4 31A-1.1, and 33A-2, and in subsection (a) and subsection
5 (b), clause (1), of Section 12-4 of the Criminal Code of
6 1961; (ii) those offenses defined in the Cannabis Control
7 Act except those offenses defined in subsections (a) and
8 (b) of Section 4, and subsection (a) of Section 5 of the
9 Cannabis Control Act; (iii) those offenses defined in the
10 Illinois Controlled Substances Act; (iv) any offense
11 committed or attempted in any other state or against the
12 laws of the United States, which if committed or
13 attempted in this State would be punishable as one or
14 more of the foregoing offenses; (v) the offenses defined
15 in Section 4.1 and 5.1 of the Wrongs to Children Act and
16 (vi) those offenses defined in Section 6-16 of the Liquor
17 Control Act of 1934;
18 12. not have been repeatedly involved as a driver
19 in motor vehicle collisions or been repeatedly convicted
20 of offenses against laws and ordinances regulating the
21 movement of traffic, to a degree which indicates lack of
22 ability to exercise ordinary and reasonable care in the
23 safe operation of a motor vehicle or disrespect for the
24 traffic laws and the safety of other persons upon the
25 highway;
26 13. not have, through the unlawful operation of a
27 motor vehicle, caused an accident resulting in the death
28 of any person; and
29 14. not have, within the last 5 years, been
30 adjudged to be afflicted with or suffering from any
31 mental disability or disease.
32 (b) A school bus driver permit shall be valid for a
33 period specified by the Secretary of State as set forth by
34 rule. It shall not be renewable, but a new permit shall be
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1 issued upon compliance with subsection (a) of this Section.
2 (c) A school bus driver permit shall contain the
3 holder's driver's license number, name, address, zip code,
4 social security number and date of birth, a brief description
5 of the holder and a space for signature. The Secretary of
6 State may require a suitable photograph of the holder.
7 (d) The employer shall be responsible for conducting a
8 pre-employment interview with prospective school bus driver
9 candidates, distributing school bus driver applications and
10 medical forms to be completed by the applicant, and having
11 the applicant electronically fingerprinted by a sheriff's
12 department or an agent of the Department of State Police or
13 other State agency and insuring electronic transmission
14 submitting the applicant's fingerprint cards to the
15 Department of State Police in a form and manner prescribed by
16 the Department of State Police and the Secretary of State
17 through written agreement as that are required for the
18 criminal background investigations. The employer shall
19 certify in writing to the Secretary of State that all
20 pre-employment conditions have been successfully completed
21 including the successful completion of an Illinois specific
22 criminal background investigation through the Department of
23 State Police and the submission of necessary fingerprints to
24 the Federal Bureau of Investigation for criminal history
25 information available through the Federal Bureau of
26 Investigation system. The applicant shall present the
27 certification to the Secretary of State at the time of
28 submitting the school bus driver permit application.
29 (e) Permits shall initially be provisional upon
30 receiving certification from the employer that all
31 pre-employment conditions have been successfully completed,
32 and upon successful completion of all training and
33 examination requirements for the classification of the
34 vehicle to be operated, the Secretary of State shall
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1 provisionally issue a School Bus Driver Permit. The permit
2 shall remain in a provisional status pending the completion
3 of the Federal Bureau of Investigation's criminal background
4 investigation based upon fingerprinting specimens submitted
5 to the Federal Bureau of Investigation by the Department of
6 State Police. The Federal Bureau of Investigation shall
7 report the findings directly to the Secretary of State. The
8 Secretary of State shall remove the bus driver permit from
9 provisional status upon the applicant's successful completion
10 of the Federal Bureau of Investigation's criminal background
11 investigation.
12 (f) A school bus driver permit holder shall notify the
13 employer and the Secretary of State if he or she is convicted
14 in another state of an offense that would make him or her
15 ineligible for a permit under subsection (a) of this Section.
16 The written notification shall be made within 5 days of the
17 entry of the conviction. Failure of the permit holder to
18 provide the notification is punishable as a petty offense for
19 a first violation and a Class B misdemeanor for a second or
20 subsequent violation.
21 (g) Cancellation; suspension; notice and procedure.
22 (1) The Secretary of State shall cancel a school
23 bus driver permit of an applicant whose criminal
24 background investigation discloses that he or she is not
25 in compliance with the provisions of subsection (a) of
26 this Section.
27 (2) The Secretary of State shall cancel a school
28 bus driver permit when he or she receives notice that the
29 permit holder fails to comply with any provision of this
30 Section or any rule promulgated for the administration of
31 this Section.
32 (3) The Secretary of State shall cancel a school
33 bus driver permit if the permit holder's restricted
34 commercial or commercial driving privileges are withdrawn
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1 or otherwise invalidated.
2 (4) The Secretary of State may not issue a school
3 bus driver permit for a period of 3 years to an applicant
4 who fails to obtain a negative result on a drug test as
5 required in item 6 of subsection (a) of this Section or
6 under federal law.
7 (5) The Secretary of State shall forthwith suspend
8 a school bus driver permit for a period of 3 years upon
9 receiving notice that the holder has failed to obtain a
10 negative result on a drug test as required in item 6 of
11 subsection (a) of this Section or under federal law.
12 The Secretary of State shall notify the State
13 Superintendent of Education and the permit holder's
14 prospective or current employer that the applicant has (1)
15 has failed a criminal background investigation or (2) is no
16 longer eligible for a school bus driver permit; and of the
17 related cancellation of the applicant's provisional school
18 bus driver permit. The cancellation shall remain in effect
19 pending the outcome of a hearing pursuant to Section 2-118
20 of this Code. The scope of the hearing shall be limited to
21 the issuance criteria contained in subsection (a) of this
22 Section. A petition requesting a hearing shall be submitted
23 to the Secretary of State and shall contain the reason the
24 individual feels he or she is entitled to a school bus driver
25 permit. The permit holder's employer shall notify in writing
26 to the Secretary of State that the employer has certified the
27 removal of the offending school bus driver from service prior
28 to the start of that school bus driver's next workshift. An
29 employing school board that fails to remove the offending
30 school bus driver from service is subject to the penalties
31 defined in Section 3-14.23 of the School Code. A school bus
32 contractor who violates a provision of this Section is
33 subject to the penalties defined in Section 6-106.11.
34 All valid school bus driver permits issued under this
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1 Section prior to January 1, 1995, shall remain effective
2 until their expiration date unless otherwise invalidated.
3 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96;
4 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff.
5 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".