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90_SB0163
625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
Amends the Illinois Vehicle Code to remove an exception
to fingerprinting requirements for individuals who possessed
a valid school bus permit on a certain date issued by a
Regional School Superintendent. Effective January 1, 1998.
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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 Act possess a valid school bus
28 driver permit that has been previously issued by the
29 appropriate Regional School Superintendent are not subject to
30 the fingerprinting provisions of this Section as long as the
31 permit remains valid and does not lapse. The applicant shall
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1 be required to pay all related application and fingerprinting
2 fees as established by rule including, but not limited to,
3 the amounts established by the Department of State Police and
4 the Federal Bureau of Investigation to process fingerprint
5 based criminal background investigations. All fees paid for
6 fingerprint processing services under this Section shall be
7 deposited into the State Police Services Fund for the cost
8 incurred in processing the fingerprint based criminal
9 background investigations. All other fees paid under this
10 Section shall be deposited into the Road Fund for the purpose
11 of defraying the costs of the Secretary of State in
12 administering this Section. All applicants must:
13 1. be 21 years of age or older;
14 2. possess a valid and properly classified driver's
15 license issued by the Secretary of State;
16 3. possess a valid driver's license, which has not
17 been revoked or suspended, for 3 years immediately prior
18 to the date of application;
19 4. successfully pass a written test, administered
20 by the Secretary of State, on school bus operation,
21 school bus safety, and special traffic laws relating to
22 school buses and submit to a review of the applicant's
23 driving habits by the Secretary of State at the time the
24 written test is given;
25 5. demonstrate ability to exercise reasonable care
26 in the operation of school buses in accordance with rules
27 promulgated by the Secretary of State;
28 6. demonstrate physical fitness to operate school
29 buses by submitting the results of a medical examination,
30 including tests for drug use for each applicant not
31 subject to such testing pursuant to federal law,
32 conducted by a licensed physician within 90 days of the
33 date of application according to standards promulgated by
34 the Secretary of State;
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1 7. affirm under penalties of perjury that he or she
2 has not made a false statement or knowingly concealed a
3 material fact in any application for permit;
4 8. have completed an initial classroom course,
5 including first aid procedures, in school bus driver
6 safety as promulgated by the Secretary of State; and
7 after satisfactory completion of said initial course an
8 annual refresher course; such courses and the agency or
9 organization conducting such courses shall be approved by
10 the Secretary of State; failure to complete the annual
11 refresher course, shall result in cancellation of the
12 permit until such course is completed;
13 9. not have been convicted of 2 or more serious
14 traffic offenses, as defined by rule, within one year
15 prior to the date of application that may endanger the
16 life or safety of any of the driver's passengers within
17 the duration of the permit period;
18 10. not have been convicted of reckless driving,
19 driving while intoxicated, or reckless homicide resulting
20 from the operation of a motor vehicle within 3 years of
21 the date of application;
22 11. not have been convicted of committing or
23 attempting to commit any one or more of the following
24 offenses: (i) those offenses defined in Sections 9-1,
25 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
26 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
27 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
28 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
29 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
30 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
31 31A-1.1, and 33A-2, and in subsection (a) and subsection
32 (b), clause (1), of Section 12-4 of the Criminal Code of
33 1961; (ii) those offenses defined in the Cannabis Control
34 Act except those offenses defined in subsections (a) and
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1 (b) of Section 4, and subsection (a) of Section 5 of the
2 Cannabis Control Act; (iii) those offenses defined in the
3 Illinois Controlled Substances Act; (iv) any offense
4 committed or attempted in any other state or against the
5 laws of the United States, which if committed or
6 attempted in this State would be punishable as one or
7 more of the foregoing offenses; (v) the offenses defined
8 in Section 4.1 and 5.1 of the Wrongs to Children Act and
9 (vi) those offenses defined in Section 6-16 of the Liquor
10 Control Act of 1934;
11 12. not have been repeatedly involved as a driver
12 in motor vehicle collisions or been repeatedly convicted
13 of offenses against laws and ordinances regulating the
14 movement of traffic, to a degree which indicates lack of
15 ability to exercise ordinary and reasonable care in the
16 safe operation of a motor vehicle or disrespect for the
17 traffic laws and the safety of other persons upon the
18 highway;
19 13. not have, through the unlawful operation of a
20 motor vehicle, caused an accident resulting in the death
21 of any person; and
22 14. not have, within the last 5 years, been
23 adjudged to be afflicted with or suffering from any
24 mental disability or disease.
25 (b) A school bus driver permit shall be valid for a
26 period specified by the Secretary of State as set forth by
27 rule. It shall not be renewable, but a new permit shall be
28 issued upon compliance with subsection (a) of this Section.
29 (c) A school bus driver permit shall contain the
30 holder's driver's license number, name, address, zip code,
31 social security number and date of birth, a brief description
32 of the holder and a space for signature. The Secretary of
33 State may require a suitable photograph of the holder.
34 (d) The employer shall be responsible for conducting a
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1 pre-employment interview with prospective school bus driver
2 candidates, distributing school bus driver applications and
3 medical forms to be completed by the applicant, and
4 submitting the applicant's fingerprint cards to the
5 Department of State Police that are required for the criminal
6 background investigations. The employer shall certify in
7 writing to the Secretary of State that all pre-employment
8 conditions have been successfully completed including the
9 successful completion of an Illinois specific criminal
10 background investigation through the Department of State
11 Police and the submission of necessary fingerprints to the
12 Federal Bureau of Investigation for criminal history
13 information available through the Federal Bureau of
14 Investigation system. The applicant shall present the
15 certification to the Secretary of State at the time of
16 submitting the school bus driver permit application.
17 (e) Permits shall initially be provisional upon
18 receiving certification from the employer that all
19 pre-employment conditions have been successfully completed,
20 and upon successful completion of all training and
21 examination requirements for the classification of the
22 vehicle to be operated, the Secretary of State shall
23 provisionally issue a School Bus Driver Permit. The permit
24 shall remain in a provisional status pending the completion
25 of the Federal Bureau of Investigation's criminal background
26 investigation based upon fingerprinting specimens submitted
27 to the Federal Bureau of Investigation by the Department of
28 State Police. The Federal Bureau of Investigation shall
29 report the findings directly to the Secretary of State. The
30 Secretary of State shall remove the bus driver permit from
31 provisional status upon the applicant's successful completion
32 of the Federal Bureau of Investigation's criminal background
33 investigation.
34 (f) A school bus driver permit holder shall notify the
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1 employer and the Secretary of State if he or she is convicted
2 in another state of an offense that would make him or her
3 ineligible for a permit under subsection (a) of this Section.
4 The written notification shall be made within 5 days of the
5 entry of the conviction. Failure of the permit holder to
6 provide the notification is punishable as a petty offense for
7 a first violation and a Class B misdemeanor for a second or
8 subsequent violation.
9 (g) Cancellation; suspension; notice and procedure.
10 (1) The Secretary of State shall cancel a school
11 bus driver permit of an applicant whose criminal
12 background investigation discloses that he or she is not
13 in compliance with the provisions of subsection (a) of
14 this Section.
15 (2) The Secretary of State shall cancel a school
16 bus 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
21 bus driver permit if the permit holder's restricted
22 commercial or commercial driving privileges are withdrawn
23 or otherwise invalidated.
24 (4) The Secretary of State may not issue a school
25 bus driver permit for a period of 3 years to an applicant
26 who fails to obtain a negative result on a drug test as
27 required in item 6 of subsection (a) of this Section or
28 under federal law.
29 (5) The Secretary of State shall forthwith suspend
30 a school bus driver permit for a period of 3 years upon
31 receiving notice that the holder has failed to obtain a
32 negative result on a drug test as required in item 6 of
33 subsection (a) of this Section or under federal law.
34 The Secretary of State shall notify the State
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1 Superintendent of Education and the permit holder's
2 prospective or current employer that the applicant has (1)
3 has failed a criminal background investigation or (2) is no
4 longer eligible for a school bus driver permit; and of the
5 related cancellation of the applicant's provisional school
6 bus driver permit. The cancellation shall remain in effect
7 pending the outcome of a hearing pursuant to Section 2-118
8 of this Code. The scope of the hearing shall be limited to
9 the issuance criteria contained in subsection (a) of this
10 Section. A petition requesting a hearing shall be submitted
11 to the Secretary of State and shall contain the reason the
12 individual feels he or she is entitled to a school bus driver
13 permit. The permit holder's employer shall notify in writing
14 to the Secretary of State that the employer has certified the
15 removal of the offending school bus driver from service prior
16 to the start of that school bus driver's next workshift. An
17 employing school board that fails to remove the offending
18 school bus driver from service is subject to the penalties
19 defined in Section 3-14.23 of the School Code. A school bus
20 contractor who violates a provision of this Section is
21 subject to the penalties defined in Section 6-106.11.
22 All valid school bus driver permits issued under this
23 Section prior to January 1, 1995, shall remain effective
24 until their expiration date unless otherwise invalidated.
25 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96;
26 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff.
27 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
28 Section 99. Effective date. This Act takes effect
29 January 1, 1998.