|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning vehicles.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | 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
| |||||||||||||||||||
9 | permit to those applicants who have met all the requirements of | |||||||||||||||||||
10 | the
application and screening process under this Section to | |||||||||||||||||||
11 | insure the
welfare and safety of children who are transported | |||||||||||||||||||
12 | on school buses
throughout the State of Illinois. Applicants | |||||||||||||||||||
13 | shall obtain the
proper application required by the Secretary | |||||||||||||||||||
14 | of State from their
prospective or current employer and submit | |||||||||||||||||||
15 | the completed
application to the prospective or current | |||||||||||||||||||
16 | employer along
with the necessary fingerprint submission as | |||||||||||||||||||
17 | required by the
Department of
State Police to conduct | |||||||||||||||||||
18 | fingerprint based criminal background
checks on current and | |||||||||||||||||||
19 | future information available in the state
system and current | |||||||||||||||||||
20 | information available through the Federal Bureau
of | |||||||||||||||||||
21 | Investigation's system. Applicants who have completed the
| |||||||||||||||||||
22 | fingerprinting requirements shall not be subjected to the
| |||||||||||||||||||
23 | fingerprinting process when applying for subsequent permits or
| |||||||||||||||||||
24 | submitting proof of successful completion of the annual | |||||||||||||||||||
25 | refresher
course. Individuals who on the effective date of this | |||||||||||||||||||
26 | Act possess a valid
school bus driver permit that has been | |||||||||||||||||||
27 | previously issued by the appropriate
Regional School | |||||||||||||||||||
28 | Superintendent are not subject to the fingerprinting
| |||||||||||||||||||
29 | provisions of this Section as long as the permit remains valid | |||||||||||||||||||
30 | and does not
lapse. The applicant shall be required to pay all | |||||||||||||||||||
31 | related
application and fingerprinting fees as established by | |||||||||||||||||||
32 | rule
including, but not limited to, the amounts established by |
| |||||||
| |||||||
1 | the Department of
State Police and the Federal Bureau of | ||||||
2 | Investigation to process
fingerprint based criminal background | ||||||
3 | investigations. All fees paid for
fingerprint processing | ||||||
4 | services under this Section shall be deposited into the
State | ||||||
5 | Police Services Fund for the cost incurred in processing the | ||||||
6 | fingerprint
based criminal background investigations. All | ||||||
7 | other fees paid under this
Section shall be deposited into the | ||||||
8 | Road
Fund for the purpose of defraying the costs of the | ||||||
9 | Secretary of State in
administering this Section. All | ||||||
10 | applicants must:
| ||||||
11 | 1. be 21 years of age or older;
| ||||||
12 | 2. possess a valid and properly classified driver's | ||||||
13 | license
issued by the Secretary of State;
| ||||||
14 | 3. possess a valid driver's license, which has not been
| ||||||
15 | revoked, suspended, or canceled for 3 years immediately | ||||||
16 | prior to
the date of application, or have not had his or | ||||||
17 | her commercial motor vehicle
driving privileges
| ||||||
18 | disqualified within the 3 years immediately prior to the | ||||||
19 | date of application;
| ||||||
20 | 4. successfully pass a written test, administered by | ||||||
21 | the
Secretary of State, on school bus operation, school bus | ||||||
22 | safety, and
special traffic laws relating to school buses | ||||||
23 | and submit to a review
of the applicant's driving habits by | ||||||
24 | the Secretary of State at the time the
written test is | ||||||
25 | given;
| ||||||
26 | 5. demonstrate ability to exercise reasonable care in | ||||||
27 | the operation of
school buses in accordance with rules | ||||||
28 | promulgated by the Secretary of State;
| ||||||
29 | 6. demonstrate physical fitness to operate school | ||||||
30 | buses by
submitting the results of a medical examination, | ||||||
31 | including tests for drug
use for each applicant not subject | ||||||
32 | to such testing pursuant to
federal law, conducted by a | ||||||
33 | licensed physician, an advanced practice nurse
who has a | ||||||
34 | written collaborative agreement with
a collaborating | ||||||
35 | physician which authorizes him or her to perform medical
| ||||||
36 | examinations, or a physician assistant who has been |
| |||||||
| |||||||
1 | delegated the
performance of medical examinations by his or | ||||||
2 | her supervising physician
within 90 days of the date
of | ||||||
3 | application according to standards promulgated by the | ||||||
4 | Secretary of State;
| ||||||
5 | 6.1. undergo testing for any condition that might cause | ||||||
6 | the person to have seizures, conducted by a licensed | ||||||
7 | physician, an advanced practice nurse
who has a written | ||||||
8 | collaborative agreement with
a collaborating physician | ||||||
9 | which authorizes him or her to perform medical
| ||||||
10 | examinations, or a physician assistant who has been | ||||||
11 | delegated the
performance of medical examinations by his or | ||||||
12 | her supervising physician
within 90 days of the date
of | ||||||
13 | application according to standards promulgated by the | ||||||
14 | Secretary of State, and must affirm, under penalties of | ||||||
15 | perjury, that he or she does not have such a condition;
| ||||||
16 | 7. affirm under penalties of perjury that he or she has | ||||||
17 | not made a
false statement or knowingly concealed a | ||||||
18 | material fact
in any application for permit;
| ||||||
19 | 8. have completed an initial classroom course, | ||||||
20 | including first aid
procedures, in school bus driver safety | ||||||
21 | as promulgated by the Secretary of
State; and after | ||||||
22 | satisfactory completion of said initial course an annual
| ||||||
23 | refresher course; such courses and the agency or | ||||||
24 | organization conducting such
courses shall be approved by | ||||||
25 | the Secretary of State; failure to
complete the annual | ||||||
26 | refresher course, shall result in
cancellation of the | ||||||
27 | permit until such course is completed;
| ||||||
28 | 9. not have been convicted of 2 or more serious traffic | ||||||
29 | offenses, as
defined by rule, within one year prior to the | ||||||
30 | date of application that may
endanger the life or safety of | ||||||
31 | any of the driver's passengers within the
duration of the | ||||||
32 | permit period;
| ||||||
33 | 10. not have been convicted of reckless driving, | ||||||
34 | driving while
intoxicated, or reckless homicide resulting | ||||||
35 | from the operation of a motor
vehicle within 3 years of the | ||||||
36 | date of application;
|
| |||||||
| |||||||
1 | 11. not have been convicted of committing or attempting
| ||||||
2 | to commit any
one or more of the following offenses: (i) | ||||||
3 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
4 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
5 | 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||||||
6 | 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
7 | 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| ||||||
8 | 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
| ||||||
9 | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||||||
10 | 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | ||||||
11 | 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
| ||||||
12 | 33A-2, and in subsection (a) and subsection (b), clause | ||||||
13 | (1), of Section
12-4 of the Criminal Code of 1961; (ii) | ||||||
14 | those offenses defined in the
Cannabis Control Act except | ||||||
15 | those offenses defined in subsections (a) and
(b) of | ||||||
16 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
17 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
18 | Controlled Substances
Act; (iv) any offense committed or | ||||||
19 | attempted in any other state or against
the laws of the | ||||||
20 | United States, which if committed or attempted in this
| ||||||
21 | State would be punishable as one or more of the foregoing | ||||||
22 | offenses; (v)
the offenses defined in Section 4.1 and 5.1 | ||||||
23 | of the Wrongs to Children Act and
(vi) those offenses | ||||||
24 | defined in Section 6-16 of the Liquor Control Act of
1934;
| ||||||
25 | 12. not have been repeatedly involved as a driver in | ||||||
26 | motor vehicle
collisions or been repeatedly convicted of | ||||||
27 | offenses against
laws and ordinances regulating the | ||||||
28 | movement of traffic, to a degree which
indicates lack of | ||||||
29 | ability to exercise ordinary and reasonable care in the
| ||||||
30 | safe operation of a motor vehicle or disrespect for the | ||||||
31 | traffic laws and
the safety of other persons upon the | ||||||
32 | highway;
| ||||||
33 | 13. not have, through the unlawful operation of a motor
| ||||||
34 | vehicle, caused an accident resulting in the death of any | ||||||
35 | person; and
| ||||||
36 | 14. not have, within the last 5 years, been adjudged to |
| |||||||
| |||||||
1 | be
afflicted with or suffering from any mental disability | ||||||
2 | or disease.
| ||||||
3 | (b) A school bus driver permit shall be valid for a period | ||||||
4 | specified by
the Secretary of State as set forth by rule. It | ||||||
5 | shall be renewable upon compliance with subsection (a) of this
| ||||||
6 | Section.
| ||||||
7 | (c) A school bus driver permit shall contain the holder's | ||||||
8 | driver's
license number, name, address, zip code, social | ||||||
9 | security number and date
of birth, a brief description of the | ||||||
10 | holder and a space for signature. The
Secretary of State may | ||||||
11 | require a suitable photograph of the holder.
| ||||||
12 | (d) The employer shall be responsible for conducting a | ||||||
13 | pre-employment
interview with prospective school bus driver | ||||||
14 | candidates, distributing school
bus driver applications and | ||||||
15 | medical forms to be completed by the applicant, and
submitting | ||||||
16 | the applicant's fingerprint cards to the Department of State | ||||||
17 | Police
that are required for the criminal background | ||||||
18 | investigations. The employer
shall certify in writing to the | ||||||
19 | Secretary of State that all pre-employment
conditions have been | ||||||
20 | successfully completed including the successful completion
of | ||||||
21 | an Illinois specific criminal background investigation through | ||||||
22 | the
Department of State Police and the submission of necessary
| ||||||
23 | fingerprints to the Federal Bureau of Investigation for | ||||||
24 | criminal
history information available through the Federal | ||||||
25 | Bureau of
Investigation system. The applicant shall present the
| ||||||
26 | certification to the Secretary of State at the time of | ||||||
27 | submitting
the school bus driver permit application.
| ||||||
28 | (e) Permits shall initially be provisional upon receiving
| ||||||
29 | certification from the employer that all pre-employment | ||||||
30 | conditions
have been successfully completed, and upon | ||||||
31 | successful completion of
all training and examination | ||||||
32 | requirements for the classification of
the vehicle to be | ||||||
33 | operated, the Secretary of State shall
provisionally issue a | ||||||
34 | School Bus Driver Permit. The permit shall
remain in a | ||||||
35 | provisional status pending the completion of the
Federal Bureau | ||||||
36 | of Investigation's criminal background investigation based
|
| |||||||
| |||||||
1 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
2 | of
Investigation by the Department of State Police. The Federal | ||||||
3 | Bureau of
Investigation shall report the findings directly to | ||||||
4 | the Secretary
of State. The Secretary of State shall remove the | ||||||
5 | bus driver
permit from provisional status upon the applicant's | ||||||
6 | successful
completion of the Federal Bureau of Investigation's | ||||||
7 | criminal
background investigation.
| ||||||
8 | (f) A school bus driver permit holder shall notify the
| ||||||
9 | employer and the Secretary of State if he or she is convicted | ||||||
10 | in
another state of an offense that would make him or her | ||||||
11 | ineligible
for a permit under subsection (a) of this Section. | ||||||
12 | The
written notification shall be made within 5 days of the | ||||||
13 | entry of
the conviction. Failure of the permit holder to | ||||||
14 | provide the
notification is punishable as a petty
offense for a | ||||||
15 | first violation and a Class B misdemeanor for a
second or | ||||||
16 | subsequent violation.
| ||||||
17 | (g) Cancellation; suspension; notice and procedure.
| ||||||
18 | (1) The Secretary of State shall cancel a school bus
| ||||||
19 | driver permit of an applicant whose criminal background | ||||||
20 | investigation
discloses that he or she is not in compliance | ||||||
21 | with the provisions of subsection
(a) of this 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.
| ||||||
27 | (3) The Secretary of State shall cancel a school bus
| ||||||
28 | driver permit if the permit holder's restricted commercial | ||||||
29 | or
commercial driving privileges are withdrawn or | ||||||
30 | otherwise
invalidated.
| ||||||
31 | (4) The Secretary of State may not issue a school bus
| ||||||
32 | driver permit for a period of 3 years to an applicant who | ||||||
33 | fails to
obtain a negative result on a drug test as | ||||||
34 | required in item 6 of
subsection (a) of this Section or | ||||||
35 | under federal law.
| ||||||
36 | (5) The Secretary of State shall forthwith suspend
a |
| |||||||
| |||||||
1 | 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) has | ||||||
8 | failed a criminal
background investigation or (2) is no
longer | ||||||
9 | eligible for a school bus driver permit; and of the related
| ||||||
10 | cancellation of the applicant's provisional school bus driver | ||||||
11 | permit. The
cancellation shall remain in effect pending the | ||||||
12 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
13 | The scope of the
hearing shall be limited to the issuance | ||||||
14 | criteria contained in
subsection (a) of this Section. A | ||||||
15 | petition requesting a
hearing shall be submitted to the | ||||||
16 | Secretary of State and shall
contain the reason the individual | ||||||
17 | feels he or she is entitled to a
school bus driver permit. The | ||||||
18 | permit holder's
employer shall notify in writing to the | ||||||
19 | Secretary of State
that the employer has certified the removal | ||||||
20 | of the offending school
bus driver from service prior to the | ||||||
21 | start of that school bus
driver's next workshift. An employing | ||||||
22 | school board that fails to
remove the offending school bus | ||||||
23 | driver from service is
subject to the penalties defined in | ||||||
24 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
25 | violates a provision of this Section is
subject to the | ||||||
26 | 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 until | ||||||
29 | their
expiration date unless otherwise invalidated.
| ||||||
30 | (Source: P.A. 91-500, eff. 8-13-99; 92-703, eff. 7-19-02.)
|