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Public Act 097-0466 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 6-106.1 and by adding Section 6-106.1c as follows:
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(625 ILCS 5/6-106.1)
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Sec. 6-106.1. School bus driver permit.
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(a) The Secretary of State shall issue a school bus driver
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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
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fingerprinting requirements shall not be subjected to the
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fingerprinting process when applying for subsequent permits or
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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
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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:
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1. be 21 years of age or older;
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2. possess a valid and properly classified driver's | ||
license
issued by the Secretary of State;
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3. possess a valid driver's license, which has not been
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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
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disqualified within the 3 years immediately prior to the | ||
date of application;
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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;
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5. demonstrate ability to exercise reasonable care in | ||
the operation of
school buses in accordance with rules | ||
promulgated by the Secretary of State;
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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
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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;
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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;
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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;
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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;
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10. not have been 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
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vehicle within 3 years of the date of application;
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11. not have been convicted of committing or attempting
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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,
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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,
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12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
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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,
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
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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; (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 ; .
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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
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safe operation of a motor vehicle or disrespect for the | ||
traffic laws and
the safety of other persons upon the | ||
highway;
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13. not have, through the unlawful operation of a motor
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vehicle, caused an accident resulting in the death of any | ||
person; and
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14. not have, within the last 5 years, been adjudged to | ||
be
afflicted with or suffering from any mental disability | ||
or disease ; and .
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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. | ||
(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
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Section.
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(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
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Secretary of State may require a suitable photograph of the | ||
holder.
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(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
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fingerprints to the Federal Bureau of Investigation for | ||
criminal
history information available through the Federal | ||
Bureau of
Investigation system. The applicant shall present the
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certification to the Secretary of State at the time of | ||
submitting
the school bus driver permit application.
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(e) Permits shall initially be provisional upon receiving
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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
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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.
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(f) A school bus driver permit holder shall notify the
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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.
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(g) Cancellation; suspension; notice and procedure.
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(1) The Secretary of State shall cancel a school bus
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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.
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(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.
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(3) The Secretary of State shall cancel a school bus
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driver permit if the permit holder's restricted commercial | ||
or
commercial driving privileges are withdrawn or | ||
otherwise
invalidated.
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(4) The Secretary of State may not issue a school bus
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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.
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(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.
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(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
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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.
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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.
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(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; | ||
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | ||
7-22-10; revised 9-2-10.)
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(625 ILCS 5/6-106.1c new) | ||
Sec. 6-106.1c. Reasonable suspicion drug and alcohol | ||
testing of school bus driver permit holders. | ||
(a) An employer of a school bus driver permit holder who | ||
holds a commercial driver's license and who works for the | ||
employer as a school bus driver and is therefore subject to 49 | ||
CFR 382.307 shall notify the Secretary of State, in a manner | ||
and form prescribed by the Secretary, of the result of a | ||
reasonable suspicion test when: (i) the test indicates an | ||
alcohol concentration greater than 0.00; (ii) the test | ||
indicates a positive result on a National Institute on Drug | ||
Abuse five-drug panel utilizing the federal standards set forth | ||
in 49 CFR 40.87; or (iii) when a driver refuses testing. The | ||
notification to the Secretary must be submitted within 48 hours | ||
of the refusal of testing or the employer's receipt of the test | ||
results. | ||
(b) Employers of school bus driver permit holders who do | ||
not hold commercial driver's licenses and school bus driver | ||
permit holders who do not hold commercial driver's licenses are | ||
hereby made subject to 49 CFR 382.307 regarding reasonable |
suspicion testing, which must be done in conformance with 49 | ||
CFR Parts 40 and 382, except that the test results shall not be | ||
reported to the employer utilizing the Federal Drug Testing | ||
Custody and Control Form or the U.S. Department of | ||
Transportation Alcohol Testing Form, but shall be reported to | ||
the employer in a manner and form approved by the Secretary. | ||
The employer shall notify the Secretary, in a manner and form | ||
prescribed by the Secretary, of the result of a reasonable | ||
suspicion test when: (i) the test indicates an alcohol | ||
concentration greater than 0.00; (ii) the test indicates a | ||
positive result on a National Institute on Drug Abuse five-drug | ||
panel utilizing the federal standards set forth in 49 CFR | ||
40.87; or (iii) when a driver refuses testing. The notification | ||
to the Secretary must be submitted within 48 hours of the | ||
refusal of testing or the employer's receipt of the test | ||
results. | ||
(c) The Secretary of State may adopt rules to implement | ||
this Section. | ||
(d) The cost of a reasonable suspicion test shall be the | ||
responsibility of the employer, unless otherwise provided by | ||
contract or a collective bargaining agreement.
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Section 99. Effective date. This Act takes effect January | ||
1, 2012.
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