Illinois General Assembly - Full Text of SB3003
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Full Text of SB3003  100th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9permit to those applicants who have met all the requirements of
10the application and screening process under this Section to
11insure the welfare and safety of children who are transported
12on school buses throughout the State of Illinois. Applicants
13shall obtain the proper application required by the Secretary
14of State from their prospective or current employer and submit
15the completed application to the prospective or current
16employer along with the necessary fingerprint submission as
17required by the Department of State Police to conduct
18fingerprint based criminal background checks on current and
19future information available in the state system and current
20information available through the Federal Bureau of
21Investigation's system. Applicants who have completed the
22fingerprinting requirements shall not be subjected to the
23fingerprinting process when applying for subsequent permits or



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1submitting proof of successful completion of the annual
2refresher course. Individuals who on July 1, 1995 (the
3effective date of Public Act 88-612) possess a valid school bus
4driver permit that has been previously issued by the
5appropriate Regional School Superintendent are not subject to
6the fingerprinting provisions of this Section as long as the
7permit remains valid and does not lapse. The applicant shall be
8required to pay all related application and fingerprinting fees
9as established by rule including, but not limited to, the
10amounts established by the Department of State Police and the
11Federal Bureau of Investigation to process fingerprint based
12criminal background investigations. All fees paid for
13fingerprint processing services under this Section shall be
14deposited into the State Police Services Fund for the cost
15incurred in processing the fingerprint based criminal
16background investigations. All other fees paid under this
17Section shall be deposited into the Road Fund for the purpose
18of defraying the costs of the Secretary of State in
19administering this 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 been
24    revoked, suspended, or canceled for 3 years immediately
25    prior to the date of application, or have not had his or
26    her commercial motor vehicle driving privileges



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1    disqualified within the 3 years immediately prior to the
2    date of application;
3        4. successfully pass a written test, administered by
4    the Secretary of State, on school bus operation, school bus
5    safety, and special traffic laws relating to school buses
6    and submit to a review of the applicant's driving habits by
7    the Secretary of State at the time the written test is
8    given;
9        5. demonstrate ability to exercise reasonable care in
10    the operation of school buses in accordance with rules
11    promulgated by the Secretary of State;
12        6. demonstrate physical fitness to operate school
13    buses by submitting the results of a medical examination,
14    including tests for drug use for each applicant not subject
15    to such testing pursuant to federal law, conducted by a
16    licensed physician, a licensed advanced practice
17    registered nurse, or a licensed physician assistant within
18    90 days of the date of application according to standards
19    promulgated by the Secretary of State;
20        7. affirm under penalties of perjury that he or she has
21    not made a false statement or knowingly concealed a
22    material fact in any application for permit;
23        8. have completed an initial classroom course,
24    including first aid procedures, in school bus driver safety
25    as promulgated by the Secretary of State; and after
26    satisfactory completion of said initial course an annual



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1    refresher course; such courses and the agency or
2    organization conducting such courses shall be approved by
3    the Secretary of State; failure to complete the annual
4    refresher course, shall result in cancellation of the
5    permit until such course is completed;
6        9. not have been under an order of court supervision
7    for or convicted of 2 or more serious traffic offenses, as
8    defined by rule, within one year prior to the date of
9    application that may endanger the life or safety of any of
10    the driver's passengers within the duration of the permit
11    period;
12        10. not have been under an order of court supervision
13    for or convicted of reckless driving, aggravated reckless
14    driving, driving while under the influence of alcohol,
15    other drug or drugs, intoxicating compound or compounds or
16    any combination thereof, or reckless homicide resulting
17    from the operation of a motor vehicle within 3 years of the
18    date of application;
19        11. not have been convicted of committing or attempting
20    to commit any one or more of the following offenses: (i)
21    those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2,
22    9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4,
23    10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
24    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
25    11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1,
26    11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,



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1    11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
3    11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1,
4    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
5    12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3,
6    12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,
7    12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10,
8    12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3,
9    18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
10    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
11    24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1,
12    and in subsection (b) of Section 8-1, and in subdivisions
13    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
14    and (f)(1) of Section 12-3.05, and in subsection (a) and
15    subsection (b), clause (1), of Section 12-4, and in
16    subsection (A), clauses (a) and (b), of Section 24-3, and
17    those offenses contained in Article 29D of the Criminal
18    Code of 1961 or the Criminal Code of 2012; (ii) those
19    offenses defined in the Cannabis Control Act except those
20    offenses defined in subsections (a) and (b) of Section 4,
21    and subsection (a) of Section 5 of the Cannabis Control
22    Act; (iii) those offenses defined in the Illinois
23    Controlled Substances Act; (iv) those offenses defined in
24    the Methamphetamine Control and Community Protection Act;
25    (v) any offense committed or attempted in any other state
26    or against the laws of the United States, which if



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1    committed or attempted in this State would be punishable as
2    one or more of the foregoing offenses; (vi) the offenses
3    defined in Section 4.1 and 5.1 of the Wrongs to Children
4    Act or Section 11-9.1A of the Criminal Code of 1961 or the
5    Criminal Code of 2012; (vii) those offenses defined in
6    Section 6-16 of the Liquor Control Act of 1934; and (viii)
7    those offenses defined in the Methamphetamine Precursor
8    Control Act;
9        12. not have been repeatedly involved as a driver in
10    motor vehicle collisions or been repeatedly convicted of
11    offenses against laws and ordinances regulating the
12    movement of traffic, to a degree which indicates lack of
13    ability to exercise ordinary and reasonable care in the
14    safe operation of a motor vehicle or disrespect for the
15    traffic laws and the safety of other persons upon the
16    highway;
17        13. not have, through the unlawful operation of a motor
18    vehicle, caused an accident resulting in the death of any
19    person;
20        14. not have, within the last 5 years, been adjudged to
21    be afflicted with or suffering from any mental disability
22    or disease; and
23        15. consent, in writing, to the release of results of
24    reasonable suspicion drug and alcohol testing under
25    Section 6-106.1c of this Code by the employer of the
26    applicant to the Secretary of State.



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1    (b) A school bus driver permit shall be valid for a period
2specified by the Secretary of State as set forth by rule. It
3shall be renewable upon compliance with subsection (a) of this
5    (c) A school bus driver permit shall contain the holder's
6driver's license number, legal name, residence address, zip
7code, and date of birth, a brief description of the holder and
8a space for signature. The Secretary of State may require a
9suitable photograph of the holder.
10    (d) The employer shall be responsible for conducting a
11pre-employment interview with prospective school bus driver
12candidates, distributing school bus driver applications and
13medical forms to be completed by the applicant, and submitting
14the applicant's fingerprint cards to the Department of State
15Police that are required for the criminal background
16investigations. The employer shall certify in writing to the
17Secretary of State that all pre-employment conditions have been
18successfully completed including the successful completion of
19an Illinois specific criminal background investigation through
20the Department of State Police and the submission of necessary
21fingerprints to the Federal Bureau of Investigation for
22criminal history information available through the Federal
23Bureau of Investigation system. The applicant shall present the
24certification to the Secretary of State at the time of
25submitting the school bus driver permit application.
26    (e) Permits shall initially be provisional upon receiving



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1certification from the employer that all pre-employment
2conditions have been successfully completed, and upon
3successful completion of all training and examination
4requirements for the classification of the vehicle to be
5operated, the Secretary of State shall provisionally issue a
6School Bus Driver Permit. The permit shall remain in a
7provisional status pending the completion of the Federal Bureau
8of Investigation's criminal background investigation based
9upon fingerprinting specimens submitted to the Federal Bureau
10of Investigation by the Department of State Police. The Federal
11Bureau of Investigation shall report the findings directly to
12the Secretary of State. The Secretary of State shall remove the
13bus driver permit from provisional status upon the applicant's
14successful completion of the Federal Bureau of Investigation's
15criminal background investigation.
16    (f) A school bus driver permit holder shall notify the
17employer and the Secretary of State if he or she is issued an
18order of court supervision for or convicted in another state of
19an offense that would make him or her ineligible for a permit
20under subsection (a) of this Section. The written notification
21shall be made within 5 days of the entry of the order of court
22supervision or conviction. Failure of the permit holder to
23provide the notification is punishable as a petty offense for a
24first violation and a Class B misdemeanor for a second or
25subsequent violation.
26    (g) Cancellation; suspension; notice and procedure.



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1        (1) The Secretary of State shall cancel a school bus
2    driver permit of an applicant whose criminal background
3    investigation discloses that he or she is not in compliance
4    with the provisions of subsection (a) of this Section.
5        (2) The Secretary of State shall cancel a school bus
6    driver permit when he or she receives notice that the
7    permit holder fails to comply with any provision of this
8    Section or any rule promulgated for the administration of
9    this Section.
10        (3) The Secretary of State shall cancel a school bus
11    driver permit if the permit holder's restricted commercial
12    or commercial driving privileges are withdrawn or
13    otherwise invalidated.
14        (4) The Secretary of State may not issue a school bus
15    driver permit for a period of 3 years to an applicant who
16    fails to obtain a negative result on a drug test as
17    required in item 6 of subsection (a) of this Section or
18    under federal law.
19        (5) The Secretary of State shall forthwith suspend a
20    school bus driver permit for a period of 3 years upon
21    receiving notice that the holder has failed to obtain a
22    negative result on a drug test as required in item 6 of
23    subsection (a) of this Section or under federal law.
24        (6) The Secretary of State shall suspend a school bus
25    driver permit for a period of 3 years upon receiving notice
26    from the employer that the holder failed to perform the



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1    inspection procedure set forth in subsection (a) or (b) of
2    Section 12-816 of this Code.
3        (7) The Secretary of State shall suspend a school bus
4    driver permit for a period of 3 years upon receiving notice
5    from the employer that the holder refused to submit to an
6    alcohol or drug test as required by Section 6-106.1c or has
7    submitted to a test required by that Section which
8    disclosed an alcohol concentration of more than 0.00 or
9    disclosed a positive result on a National Institute on Drug
10    Abuse five-drug panel, utilizing federal standards set
11    forth in 49 CFR 40.87.
12    The Secretary of State shall notify the State
13Superintendent of Education and the permit holder's
14prospective or current employer that the applicant has (1) has
15failed a criminal background investigation or (2) is no longer
16eligible for a school bus driver permit; and of the related
17cancellation of the applicant's provisional school bus driver
18permit. The cancellation shall remain in effect pending the
19outcome of a hearing pursuant to Section 2-118 of this Code.
20The scope of the hearing shall be limited to the issuance
21criteria contained in subsection (a) of this Section. A
22petition requesting a hearing shall be submitted to the
23Secretary of State and shall contain the reason the individual
24feels he or she is entitled to a school bus driver permit. The
25permit holder's employer shall notify in writing to the
26Secretary of State that the employer has certified the removal



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1of the offending school bus driver from service prior to the
2start of that school bus driver's next workshift. An employing
3school board that fails to remove the offending school bus
4driver from service is subject to the penalties defined in
5Section 3-14.23 of the School Code. A school bus contractor who
6violates a provision of this Section is subject to the
7penalties defined in Section 6-106.11.
8    All valid school bus driver permits issued under this
9Section prior to January 1, 1995, shall remain effective until
10their expiration date unless otherwise invalidated.
11    (h) When a school bus driver permit holder who is a service
12member is called to active duty, the employer of the permit
13holder shall notify the Secretary of State, within 30 days of
14notification from the permit holder, that the permit holder has
15been called to active duty. Upon notification pursuant to this
16subsection, (i) the Secretary of State shall characterize the
17permit as inactive until a permit holder renews the permit as
18provided in subsection (i) of this Section, and (ii) if a
19permit holder fails to comply with the requirements of this
20Section while called to active duty, the Secretary of State
21shall not characterize the permit as invalid.
22    (i) A school bus driver permit holder who is a service
23member returning from active duty must, within 90 days, renew a
24permit characterized as inactive pursuant to subsection (h) of
25this Section by complying with the renewal requirements of
26subsection (b) of this Section.



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1    (j) For purposes of subsections (h) and (i) of this
3    "Active duty" means active duty pursuant to an executive
4order of the President of the United States, an act of the
5Congress of the United States, or an order of the Governor.
6    "Service member" means a member of the Armed Services or
7reserve forces of the United States or a member of the Illinois
8National Guard.
9    (k) A private carrier employer of a school bus driver
10permit holder, having satisfied the employer requirements of
11this Section, shall be held to a standard of ordinary care for
12intentional acts committed in the course of employment by the
13bus driver permit holder. This subsection (k) shall in no way
14limit the liability of the private carrier employer for
15violation of any provision of this Section or for the negligent
16hiring or retention of a school bus driver permit holder.
17(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
1899-642, eff. 7-28-16; 100-513, eff. 1-1-18.)