Public Act 096-1182
Public Act 1182 96TH GENERAL ASSEMBLY
|
Public Act 096-1182
| | HB4873 Enrolled | LRB096 16695 AJT 31982 b |
|
| 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 | Sections 6-106.1 and 6-508 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 the effective date of this | Act 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, an advanced practice nurse
who has a | written collaborative agreement with
a collaborating | physician which authorizes him or her to perform medical
| examinations, or a physician assistant who has been | delegated the
performance of medical examinations by his or | her supervising physician
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
| 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 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 convicted of reckless driving, | driving while
intoxicated, 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 8-1.2, 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, 11-6, 11-6.5, 11-6.6,
11-9, | 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.3, 11-21, 11-22, 11-23, |
| 11-24, 11-25, 11-26, 12-2.6, 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,
| 12-6, 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, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, | 18-5,
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, | 31A-1, 31A-1.1, and
33A-2, and 33D-1, and in subsection (b) | of Section 8-1, 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; (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; | (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; and (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; and
| 14. not have, within the last 5 years, been adjudged to | be
afflicted with or suffering from any mental disability | or disease.
| (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, social
security number 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 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 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. | 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. | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | revised 12-1-09.)
| (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| Sec. 6-508. Commercial Driver's License (CDL) - | qualification standards.
| (a) Testing.
| (1) General. No person shall be issued an original or | renewal CDL
unless that person is
domiciled in this State. | The Secretary shall cause to be administered such
tests as | the Secretary deems necessary to meet the requirements of | 49
C.F.R. Part 383, subparts F, G, H, and J.
| (2) Third party testing. The Secretary of state may |
| authorize a
"third party tester", pursuant to 49 C.F.R. | Part 383.75, to administer the
skills test or tests | specified by Federal Motor Carrier Safety
Administration | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | and any appropriate federal rule.
| (b) Waiver of Skills Test. The Secretary of State may waive | the skills
test specified in this Section for a driver | applicant for a commercial driver license
who meets the | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| (c) Limitations on issuance of a CDL. A CDL, or a | commercial driver
instruction permit, shall not be issued to a | person while the person is
subject to a disqualification from | driving a commercial motor vehicle, or
unless otherwise | permitted by this Code, while the person's driver's
license is | suspended, revoked or cancelled in
any state, or any territory | or province of Canada; nor may a CDL be issued
to a person who | has a CDL issued by any other state, or foreign
jurisdiction, | unless the person first surrenders all such
licenses. No CDL | shall be issued to or renewed for a person who does not
meet | the requirement of 49 CFR 391.41(b)(11). The requirement may be | met with
the aid of a hearing aid.
| (c-1) The Secretary may issue a CDL with a school bus | driver endorsement
to allow a person to drive the type of bus | described in subsection (d-5) of
Section 6-104 of this Code. | The CDL with a school bus driver endorsement may be
issued only | to a person meeting the following requirements:
|
| (1) the person has submitted his or her fingerprints to | the
Department of State Police in the form and manner
| prescribed by the Department of State Police. These
| fingerprints shall be checked against the fingerprint | records
now and hereafter filed in the Department of State | Police and
Federal Bureau of Investigation criminal | history records databases;
| (2) the person has passed a written test, administered | by the Secretary of
State, on charter bus operation, | charter bus safety, and certain special
traffic laws
| relating to school buses determined by the Secretary of | State to be relevant to
charter buses, and submitted to a | review of the driver applicant's driving
habits by the | Secretary of State at the time the written test is given;
| (3) the person has demonstrated physical fitness to | operate school buses
by
submitting the results of a medical | examination, including tests for drug
use; and
| (4) the person has not been convicted of committing or | attempting
to commit any
one or more of the following | offenses: (i) those offenses defined in
Sections 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, 11-6, 11-6.5, | 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, | 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, 11-20.3, 11-21, | 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 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,
12-6, 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, 16-16, 16-16.1,
18-1,
| 18-2,
18-3, 18-4, 18-5,
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, 31A-1, 31A-1.1, and
33A-2, and 33D-1, and | in subsection (b) of Section 8-1, 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; (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; (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 Sections 4.1 and 5.1 | of the Wrongs to Children Act; and (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.
|
| The Department of State Police shall charge
a fee for | conducting the criminal history records check, which shall be
| deposited into the State Police Services Fund and may not | exceed the actual
cost of the records check.
| (c-2) The Secretary shall issue a CDL with a school bus | endorsement to allow a person to drive a school bus as defined | in this Section. The CDL shall be issued according to the | requirements outlined in 49 C.F.R. 383. A person may not | operate a school bus as defined in this Section without a | school bus endorsement. The Secretary of State may adopt rules | consistent with Federal guidelines to implement this | subsection (c-2).
| (d) Commercial driver instruction permit. A commercial | driver
instruction permit may be issued to any person holding a | valid Illinois
driver's license if such person successfully | passes such tests as the
Secretary determines to be necessary.
| A commercial driver instruction permit shall not be issued to a | person who
does not meet
the requirements of 49 CFR 391.41 | (b)(11), except for the renewal of a
commercial driver
| instruction permit for a person who possesses a commercial | instruction permit
prior to the
effective date of this | amendatory Act of 1999.
| (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | 95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/22/2010
|
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