Illinois General Assembly - Full Text of HB4230
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Full Text of HB4230  102nd General Assembly

HB4230eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4230 EngrossedLRB102 20958 HEP 29854 b

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
5changing 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
9permit to those applicants who have met all the requirements
10of the 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 Illinois State Police to conduct fingerprint
18based criminal background checks on current and future
19information 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
4bus driver 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
8be required to pay all related application and fingerprinting
9fees as established by rule including, but not limited to, the
10amounts established by the Illinois 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
24    been revoked, suspended, or canceled for 3 years
25    immediately prior to the date of application, or have not
26    had his or 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
5    bus safety, and special traffic laws relating to school
6    buses and submit to a review of the applicant's driving
7    habits by the Secretary of State at the time the written
8    test is 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
15    subject to such testing pursuant to federal law, conducted
16    by a 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
21    has 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
25    safety 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
20    attempting to commit any one or more of the following
21    offenses: (i) those offenses defined in Sections 8-1,
22    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
23    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
24    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
25    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
26    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,

 

 

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1    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
2    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
3    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
4    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
5    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
6    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
7    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
8    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
9    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
10    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
11    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
12    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
13    of Section 24-3, and those offenses contained in Article
14    29D of the Criminal Code of 1961 or the Criminal Code of
15    2012; (ii) those offenses defined in the Cannabis Control
16    Act except those offenses defined in subsections (a) and
17    (b) of Section 4, and subsection (a) of Section 5 of the
18    Cannabis Control Act; (iii) those offenses defined in the
19    Illinois Controlled Substances Act; (iv) those offenses
20    defined in the Methamphetamine Control and Community
21    Protection Act; and (v) any offense committed or attempted
22    in any other state or against the laws of the United
23    States, which if committed or attempted in this State
24    would be punishable as one or more of the foregoing
25    offenses; (vi) the offenses defined in Section 4.1 and 5.1
26    of the Wrongs to Children Act or Section 11-9.1A of the

 

 

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

 

 

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1    Cannabis Control Act; or (ii) any offenses in any other
2    state or against the laws of the United States that, if
3    committed or attempted in this State, would be punishable
4    as one or more of the foregoing offenses.
5    (a-5) If an applicant's driver's license has been
6suspended within the 3 years immediately prior to the date of
7application for the sole reason of failure to pay child
8support, that suspension shall not bar the applicant from
9receiving a school bus driver permit.
10    (b) A school bus driver permit shall be valid for a period
11specified by the Secretary of State as set forth by rule. It
12shall be renewable upon compliance with subsection (a) of this
13Section.
14    (c) A school bus driver permit shall contain the holder's
15driver's license number, legal name, residence address, zip
16code, and date of birth, a brief description of the holder and
17a space for signature. The Secretary of State may require a
18suitable photograph of the holder.
19    (d) The employer shall be responsible for conducting a
20pre-employment interview with prospective school bus driver
21candidates, distributing school bus driver applications and
22medical forms to be completed by the applicant, and submitting
23the applicant's fingerprint cards to the Illinois State Police
24that are required for the criminal background investigations.
25The employer shall certify in writing to the Secretary of
26State that all pre-employment conditions have been

 

 

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1successfully completed including the successful completion of
2an Illinois specific criminal background investigation through
3the Illinois State Police and the submission of necessary
4fingerprints to the Federal Bureau of Investigation for
5criminal history information available through the Federal
6Bureau of Investigation system. The applicant shall present
7the certification to the Secretary of State at the time of
8submitting the school bus driver permit application.
9    (e) Permits shall initially be provisional upon receiving
10certification from the employer that all pre-employment
11conditions have been successfully completed, and upon
12successful completion of all training and examination
13requirements for the classification of the vehicle to be
14operated, the Secretary of State shall provisionally issue a
15School Bus Driver Permit. The permit shall remain in a
16provisional status pending the completion of the Federal
17Bureau of Investigation's criminal background investigation
18based upon fingerprinting specimens submitted to the Federal
19Bureau of Investigation by the Illinois State Police. The
20Federal Bureau of Investigation shall report the findings
21directly to the Secretary of State. The Secretary of State
22shall remove the bus driver permit from provisional status
23upon the applicant's successful completion of the Federal
24Bureau of Investigation's criminal background investigation.
25    (f) A school bus driver permit holder shall notify the
26employer and the Secretary of State if he or she is issued an

 

 

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1order of court supervision for or convicted in another state
2of an offense that would make him or her ineligible for a
3permit under subsection (a) of this Section. The written
4notification shall be made within 5 days of the entry of the
5order of court supervision or conviction. Failure of the
6permit holder to provide the notification is punishable as a
7petty offense for a first violation and a Class B misdemeanor
8for a second or subsequent violation.
9    (g) Cancellation; suspension; notice and procedure.
10        (1) The Secretary of State shall cancel a school bus
11    driver permit of an applicant whose criminal background
12    investigation discloses that he or she is not in
13    compliance with the provisions of subsection (a) of this
14    Section.
15        (2) The Secretary of State shall cancel a school bus
16    driver permit when he or she receives notice that the
17    permit holder fails to comply with any provision of this
18    Section or any rule promulgated for the administration of
19    this Section.
20        (3) The Secretary of State shall cancel a school bus
21    driver permit if the permit holder's restricted commercial
22    or commercial driving privileges are withdrawn or
23    otherwise invalidated.
24        (4) The Secretary of State may not issue a school bus
25    driver permit for a period of 3 years to an applicant who
26    fails to obtain a negative result on a drug test as

 

 

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1    required in item 6 of subsection (a) of this Section or
2    under federal law.
3        (5) The Secretary of State shall forthwith suspend a
4    school bus driver permit for a period of 3 years upon
5    receiving notice that the holder has failed to obtain a
6    negative result on a drug test as required in item 6 of
7    subsection (a) of this Section or under federal law.
8        (6) The Secretary of State shall suspend a school bus
9    driver permit for a period of 3 years upon receiving
10    notice from the employer that the holder failed to perform
11    the inspection procedure set forth in subsection (a) or
12    (b) of Section 12-816 of this Code.
13        (7) The Secretary of State shall suspend a school bus
14    driver permit for a period of 3 years upon receiving
15    notice from the employer that the holder refused to submit
16    to an alcohol or drug test as required by Section 6-106.1c
17    or has submitted to a test required by that Section which
18    disclosed an alcohol concentration of more than 0.00 or
19    disclosed a positive result on a National Institute on
20    Drug Abuse five-drug panel, utilizing federal standards
21    set forth in 49 CFR 40.87.
22    The Secretary of State shall notify the State
23Superintendent of Education and the permit holder's
24prospective or current employer that the applicant has (1) has
25failed a criminal background investigation or (2) is no longer
26eligible for a school bus driver permit; and of the related

 

 

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1cancellation of the applicant's provisional school bus driver
2permit. The cancellation shall remain in effect pending the
3outcome of a hearing pursuant to Section 2-118 of this Code.
4The scope of the hearing shall be limited to the issuance
5criteria contained in subsection (a) of this Section. A
6petition requesting a hearing shall be submitted to the
7Secretary of State and shall contain the reason the individual
8feels he or she is entitled to a school bus driver permit. The
9permit holder's employer shall notify in writing to the
10Secretary of State that the employer has certified the removal
11of the offending school bus driver from service prior to the
12start of that school bus driver's next workshift. An employing
13school board that fails to remove the offending school bus
14driver from service is subject to the penalties defined in
15Section 3-14.23 of the School Code. A school bus contractor
16who violates a provision of this Section is subject to the
17penalties defined in Section 6-106.11.
18    All valid school bus driver permits issued under this
19Section prior to January 1, 1995, shall remain effective until
20their expiration date unless otherwise invalidated.
21    (h) When a school bus driver permit holder who is a service
22member is called to active duty, the employer of the permit
23holder shall notify the Secretary of State, within 30 days of
24notification from the permit holder, that the permit holder
25has been called to active duty. Upon notification pursuant to
26this subsection, (i) the Secretary of State shall characterize

 

 

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1the permit as inactive until a permit holder renews the permit
2as provided in subsection (i) of this Section, and (ii) if a
3permit holder fails to comply with the requirements of this
4Section while called to active duty, the Secretary of State
5shall not characterize the permit as invalid.
6    (i) A school bus driver permit holder who is a service
7member returning from active duty must, within 90 days, renew
8a permit characterized as inactive pursuant to subsection (h)
9of this Section by complying with the renewal requirements of
10subsection (b) of this Section.
11    (j) For purposes of subsections (h) and (i) of this
12Section:
13    "Active duty" means active duty pursuant to an executive
14order of the President of the United States, an act of the
15Congress of the United States, or an order of the Governor.
16    "Service member" means a member of the Armed Services or
17reserve forces of the United States or a member of the Illinois
18National Guard.
19    (k) A private carrier employer of a school bus driver
20permit holder, having satisfied the employer requirements of
21this Section, shall be held to a standard of ordinary care for
22intentional acts committed in the course of employment by the
23bus driver permit holder. This subsection (k) shall in no way
24limit the liability of the private carrier employer for
25violation of any provision of this Section or for the
26negligent hiring or retention of a school bus driver permit

 

 

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1holder.
2(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
3102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
410-13-21.)