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Public Act 101-0458
Public Act 0458 101ST GENERAL ASSEMBLY
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Public Act 101-0458
| | HB2121 Enrolled | LRB101 06067 TAE 51088 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 6-106.1 as follows:
| (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| Sec. 6-106.1. School bus driver permit.
| (a) The Secretary of State shall issue a school bus driver
| permit to those applicants who have met all the requirements of | the
application and screening process under this Section to | insure the
welfare and safety of children who are transported | on school buses
throughout the State of Illinois. Applicants | shall obtain the
proper application required by the Secretary | of State from their
prospective or current employer and submit | the completed
application to the prospective or current | employer along
with the necessary fingerprint submission as | required by the
Department of
State Police to conduct | fingerprint based criminal background
checks on current and | future information available in the state
system and current | information available through the Federal Bureau
of | Investigation's system. Applicants who have completed the
| fingerprinting requirements shall not be subjected to the
| fingerprinting process when applying for subsequent permits or
|
| submitting proof of successful completion of the annual | refresher
course. Individuals who on July 1, 1995 (the | effective date of Public Act 88-612) possess a valid
school bus | driver permit that has been previously issued by the | appropriate
Regional School Superintendent are not subject to | the fingerprinting
provisions of this Section as long as the | permit remains valid and does not
lapse. The applicant shall be | required to pay all related
application and fingerprinting fees | as established by rule
including, but not limited to, the | amounts established by the Department of
State Police and the | Federal Bureau of Investigation to process
fingerprint based | criminal background investigations. All fees paid for
| fingerprint processing services under this Section shall be | deposited into the
State Police Services Fund for the cost | incurred in processing the fingerprint
based criminal | background investigations. All other fees paid under this
| Section shall be deposited into the Road
Fund for the purpose | of defraying the costs of the Secretary of State in
| administering this Section. All applicants must:
| 1. be 21 years of age or older;
| 2. possess a valid and properly classified driver's | license
issued by the Secretary of State;
| 3. possess a valid driver's license, which has not been
| revoked, suspended, or canceled for 3 years immediately | prior to
the date of application, or have not had his or | her commercial motor vehicle
driving privileges
|
| disqualified within the 3 years immediately prior to the | date of application;
| 4. successfully pass a written test, administered by | the
Secretary of State, on school bus operation, school bus | safety, and
special traffic laws relating to school buses | and submit to a review
of the applicant's driving habits by | the Secretary of State at the time the
written test is | given;
| 5. demonstrate ability to exercise reasonable care in | the operation of
school buses in accordance with rules | promulgated by the Secretary of State;
| 6. demonstrate physical fitness to operate school | buses by
submitting the results of a medical examination, | including tests for drug
use for each applicant not subject | to such testing pursuant to
federal law, conducted by a | licensed physician, a licensed advanced practice | registered nurse, or a licensed physician assistant
within | 90 days of the date
of application according to standards | promulgated by the Secretary of State;
| 7. affirm under penalties of perjury that he or she has | not made a
false statement or knowingly concealed a | material fact
in any application for permit;
| 8. have completed an initial classroom course, | including first aid
procedures, in school bus driver safety | as promulgated by the Secretary of
State; and after | satisfactory completion of said initial course an annual
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| refresher course; such courses and the agency or | organization conducting such
courses shall be approved by | the Secretary of State; failure to
complete the annual | refresher course, shall result in
cancellation of the | permit until such course is completed;
| 9. not have been under an order of court supervision | for or convicted of 2 or more serious traffic offenses, as
| defined by rule, within one year prior to the date of | application that may
endanger the life or safety of any of | the driver's passengers within the
duration of the permit | period;
| 10. not have been under an order of court supervision | for or convicted of reckless driving, aggravated reckless | driving, driving while under the influence of alcohol, | other drug or drugs, intoxicating compound or compounds or | any combination thereof, or reckless homicide resulting | from the operation of a motor
vehicle within 3 years of the | date of application;
| 11. not have been convicted of committing or attempting
| to commit any
one or more of the following offenses: (i) | those offenses defined in
Sections 8-1, 8-1.2, 9-1, 9-1.2, | 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
| 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, | 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, |
| 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1, | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | 12-4.9,
12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, | 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, | 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, | 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, | 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, | 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, | 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, | and in subsection (b) of Section 8-1, and in subdivisions | (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), | and (f)(1) of Section 12-3.05, and in subsection (a) and | subsection (b), clause (1), of Section
12-4, and in | subsection (A), clauses (a) and (b), of Section 24-3, and | those offenses contained in Article 29D of the Criminal | Code of 1961 or the Criminal Code of 2012; (ii) those | offenses defined in the
Cannabis Control Act except those | offenses defined in subsections (a) and
(b) of Section 4, | and subsection (a) of Section 5 of the Cannabis Control
| Act; (iii) those offenses defined in the Illinois | Controlled Substances
Act; (iv) those offenses defined in | the Methamphetamine Control and Community Protection Act; | and (v) any offense committed or attempted in any other | state or against
the laws of the United States, which if |
| committed or attempted in this
State would be punishable as | one or more of the foregoing offenses; (vi)
the offenses | defined in Section 4.1 and 5.1 of the Wrongs to Children | Act or Section 11-9.1A of the Criminal Code of 1961 or the | Criminal Code of 2012; (vii) those offenses defined in | Section 6-16 of the Liquor Control Act of
1934;
and (viii) | those offenses defined in the Methamphetamine Precursor | Control Act;
| 12. not have been repeatedly involved as a driver in | motor vehicle
collisions or been repeatedly convicted of | offenses against
laws and ordinances regulating the | movement of traffic, to a degree which
indicates lack of | ability to exercise ordinary and reasonable care in the
| safe operation of a motor vehicle or disrespect for the | traffic laws and
the safety of other persons upon the | highway;
| 13. not have, through the unlawful operation of a motor
| vehicle, caused an accident resulting in the death of any | person;
| 14. not have, within the last 5 years, been adjudged to | be
afflicted with or suffering from any mental disability | or disease; and
| 15. consent, in writing, to the release of results of | reasonable suspicion drug and alcohol testing under | Section 6-106.1c of this Code by the employer of the | applicant to the Secretary of State; and . |
| 16. not have been convicted of committing or attempting | to commit within the last 20 years: (i) an offense defined | in subsection (c) of Section 4, subsection (b) of Section | 5, and subsection (a) of Section 8 of the Cannabis Control | Act; or (ii) any offenses in any other state or against the | laws of the United States that, if committed or attempted | in this State, would be punishable as one or more of the | foregoing offenses. | (b) A school bus driver permit shall be valid for a period | specified by
the Secretary of State as set forth by rule. It | shall be renewable upon compliance with subsection (a) of this
| Section.
| (c) A school bus driver permit shall contain the holder's | driver's
license number, legal name, residence address, zip | code, and date
of birth, a brief description of the holder and | a space for signature. The
Secretary of State may require a | suitable photograph of the holder.
| (d) The employer shall be responsible for conducting a | pre-employment
interview with prospective school bus driver | candidates, distributing school
bus driver applications and | medical forms to be completed by the applicant, and
submitting | the applicant's fingerprint cards to the Department of State | Police
that are required for the criminal background | investigations. The employer
shall certify in writing to the | Secretary of State that all pre-employment
conditions have been | successfully completed including the successful completion
of |
| an Illinois specific criminal background investigation through | the
Department of State Police and the submission of necessary
| fingerprints to the Federal Bureau of Investigation for | criminal
history information available through the Federal | Bureau of
Investigation system. The applicant shall present the
| certification to the Secretary of State at the time of | submitting
the school bus driver permit application.
| (e) Permits shall initially be provisional upon receiving
| certification from the employer that all pre-employment | conditions
have been successfully completed, and upon | successful completion of
all training and examination | requirements for the classification of
the vehicle to be | operated, the Secretary of State shall
provisionally issue a | School Bus Driver Permit. The permit shall
remain in a | provisional status pending the completion of the
Federal Bureau | of Investigation's criminal background investigation based
| upon fingerprinting specimens submitted to the Federal Bureau | of
Investigation by the Department of State Police. The Federal | Bureau of
Investigation shall report the findings directly to | the Secretary
of State. The Secretary of State shall remove the | bus driver
permit from provisional status upon the applicant's | successful
completion of the Federal Bureau of Investigation's | criminal
background investigation.
| (f) A school bus driver permit holder shall notify the
| employer and the Secretary of State if he or she is issued an | order of court supervision for or convicted in
another state of |
| an offense that would make him or her ineligible
for a permit | under subsection (a) of this Section. The
written notification | shall be made within 5 days of the entry of
the order of court | supervision or conviction. Failure of the permit holder to | provide the
notification is punishable as a petty
offense for a | first violation and a Class B misdemeanor for a
second or | subsequent violation.
| (g) Cancellation; suspension; notice and procedure.
| (1) The Secretary of State shall cancel a school bus
| driver permit of an applicant whose criminal background | investigation
discloses that he or she is not in compliance | with the provisions of subsection
(a) of this Section.
| (2) The Secretary of State shall cancel a school
bus | driver permit when he or she receives notice that the | permit holder fails
to comply with any provision of this | Section or any rule promulgated for the
administration of | this Section.
| (3) The Secretary of State shall cancel a school bus
| driver permit if the permit holder's restricted commercial | or
commercial driving privileges are withdrawn or | otherwise
invalidated.
| (4) The Secretary of State may not issue a school bus
| driver permit for a period of 3 years to an applicant who | fails to
obtain a negative result on a drug test as | required in item 6 of
subsection (a) of this Section or | under federal law.
|
| (5) The Secretary of State shall forthwith suspend
a | school bus driver permit for a period of 3 years upon | receiving
notice that the holder has failed to obtain a | negative result on a
drug test as required in item 6 of | subsection (a) of this Section
or under federal law.
| (6) The Secretary of State shall suspend a school bus | driver permit for a period of 3 years upon receiving notice | from the employer that the holder failed to perform the | inspection procedure set forth in subsection (a) or (b) of | Section 12-816 of this Code. | (7) The Secretary of State shall suspend a school bus | driver permit for a period of 3 years upon receiving notice | from the employer that the holder refused to submit to an | alcohol or drug test as required by Section 6-106.1c or has | submitted to a test required by that Section which | disclosed an alcohol concentration of more than 0.00 or | disclosed a positive result on a National Institute on Drug | Abuse five-drug panel, utilizing federal standards set | forth in 49 CFR 40.87. | The Secretary of State shall notify the State | Superintendent
of Education and the permit holder's | prospective or current
employer that the applicant has (1) has | failed a criminal
background investigation or (2) is no
longer | eligible for a school bus driver permit; and of the related
| cancellation of the applicant's provisional school bus driver | permit. The
cancellation shall remain in effect pending the |
| outcome of a
hearing pursuant to Section 2-118 of this Code. | The scope of the
hearing shall be limited to the issuance | criteria contained in
subsection (a) of this Section. A | petition requesting a
hearing shall be submitted to the | Secretary of State and shall
contain the reason the individual | feels he or she is entitled to a
school bus driver permit. The | permit holder's
employer shall notify in writing to the | Secretary of State
that the employer has certified the removal | of the offending school
bus driver from service prior to the | start of that school bus
driver's next workshift. An employing | school board that fails to
remove the offending school bus | driver from service is
subject to the penalties defined in | Section 3-14.23 of the School Code. A
school bus
contractor who | violates a provision of this Section is
subject to the | penalties defined in Section 6-106.11.
| All valid school bus driver permits issued under this | Section
prior to January 1, 1995, shall remain effective until | their
expiration date unless otherwise invalidated.
| (h) When a school bus driver permit holder who is a service | member is called to active duty, the employer of the permit | holder shall notify the Secretary of State, within 30 days of | notification from the permit holder, that the permit holder has | been called to active duty. Upon notification pursuant to this | subsection, (i) the Secretary of State shall characterize the | permit as inactive until a permit holder renews the permit as | provided in subsection (i) of this Section, and (ii) if a |
| permit holder fails to comply with the requirements of this | Section while called to active duty, the Secretary of State | shall not characterize the permit as invalid. | (i) A school bus driver permit holder who is a service | member returning from active duty must, within 90 days, renew a | permit characterized as inactive pursuant to subsection (h) of | this Section by complying with the renewal requirements of | subsection (b) of this Section. | (j) For purposes of subsections (h) and (i) of this | Section: | "Active duty" means active duty pursuant to an executive | order of the President of the United States, an act of the | Congress of the United States, or an order of the Governor. | "Service member" means a member of the Armed Services or | reserve forces of the United States or a member of the Illinois | National Guard. | (k) A private carrier employer of a school bus driver | permit holder, having satisfied the employer requirements of | this Section, shall be held to a standard of ordinary care for | intentional acts committed in the course of employment by the | bus driver permit holder. This subsection (k) shall in no way | limit the liability of the private carrier employer for | violation of any provision of this Section or for the negligent | hiring or retention of a school bus driver permit holder. | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
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Effective Date: 1/1/2020
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