HB5092 93RD GENERAL ASSEMBLY 






 

 		











93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5092


 
Introduced 02/05/04, by Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/6-106.1
  from Ch. 95 1/2, par. 6-106.1







    Amends the Illinois Vehicle Code. Provides that an applicant for a school bus driver permit must be tested for any condition that might  cause the applicant  to have seizures. Provides that the applicant  must affirm under penalties of perjury that he or she does not have such a condition. Provides that an applicant with a condition that might cause seizures, or an applicant  who fails or refuses to make the required affirmation, shall be denied a school bus driver permit.
















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A BILL FOR









 











HB5092

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    AN ACT concerning vehicles.

 
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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 
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Section 6-106.1 as follows:
 



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    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 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 
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the
application and screening process under this Section to 
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insure the
welfare and safety of children who are transported 
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on school buses
throughout the State of Illinois.  Applicants 
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shall obtain the
proper application required by the Secretary 
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of State from their
prospective or current employer and submit 
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the completed
application to the prospective or current 
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employer along
with the necessary fingerprint submission as 
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required by the
Department of
State Police to conduct 
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fingerprint based criminal background
checks on current and 
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future information available in the state
system and current 
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information available through the Federal Bureau
of 
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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 
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refresher
course.  Individuals who on the effective date of this 
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Act possess a valid
school bus driver permit that has been 
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previously issued by the appropriate
Regional School 
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Superintendent are not subject to the fingerprinting

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provisions of this Section as long as the permit remains valid 
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and does not
lapse.  The applicant shall be required to pay all 
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related
application and fingerprinting fees as established by 
32
rule
including, but not limited to, the amounts established by 
 


 






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the Department of
State Police and the Federal Bureau of 
2
Investigation to process
fingerprint based criminal background 
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investigations. All fees paid for
fingerprint processing 
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services under this Section shall be deposited into the
State 
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Police Services Fund for the cost incurred in processing the 
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fingerprint
based criminal background investigations.  All 
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other fees paid under this
Section shall be deposited into the 
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Road
Fund for the purpose of defraying the costs of the 
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Secretary of State in
administering this Section.  All 
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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 
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    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 
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    prior to
the date of application, or have not had his or 
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    her commercial motor vehicle
driving privileges

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    disqualified within the 3 years immediately prior to the 
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    date of application;


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        4. successfully pass a written test, administered by 
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    the
Secretary of State, on school bus operation, school bus 
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    safety, and
special traffic laws relating to school buses 
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    and submit to a review
of the applicant's driving habits by 
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    the Secretary of State at the time the
written test is 
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    given;


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        5. demonstrate ability to exercise reasonable care in 
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    the operation of
school buses in accordance with rules 
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    promulgated by the Secretary of State;


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        6. demonstrate physical fitness to operate school 
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    buses by
submitting the results of a medical examination, 
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    including tests for drug
use for each applicant not subject 
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    to such testing pursuant to
federal law, conducted by a 
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    licensed physician, an advanced practice nurse
who has a 
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    written collaborative agreement with
a collaborating 
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    physician which authorizes him or her to perform medical

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    examinations, or a physician assistant who has been 
 


 






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    delegated the
performance of medical examinations by his or 
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    her supervising physician
within 90 days of the date
of 
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    application according to standards promulgated by the 
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    Secretary of State;

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        6.1. undergo testing for any condition that might cause 
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    the person to have seizures, conducted by a licensed 
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    physician, an advanced practice nurse
who has a written 
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    collaborative agreement with
a collaborating physician 
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    which authorizes him or her to perform medical

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    examinations, or a physician assistant who has been 
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    delegated the
performance of medical examinations by his or 
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    her supervising physician
within 90 days of the date
of 
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    application according to standards promulgated by the 
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    Secretary of State, and must affirm, under penalties of 
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    perjury, that he or she does not have such a condition;


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        7. affirm under penalties of perjury that he or she has 
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    not made a
false statement or knowingly concealed a 
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    material fact
in any application for permit;


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        8. have completed an initial classroom course, 
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    including first aid
procedures, in school bus driver safety 
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    as promulgated by the Secretary of
State; and after 
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    satisfactory completion of said initial course an annual

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    refresher course; such courses and the agency or 
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    organization conducting such
courses shall be approved by 
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    the Secretary of State; failure to
complete the annual 
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    refresher course, shall result in
cancellation of the 
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    permit until such course is completed;


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        9. not have been convicted of 2 or more serious traffic 
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    offenses, as
defined by rule, within one year prior to the 
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    date of application that may
endanger the life or safety of 
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    any of the driver's passengers within the
duration of the 
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    permit period;


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        10. not have been convicted of reckless driving, 
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    driving while
intoxicated, or reckless homicide resulting 
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    from the operation of a motor
vehicle within 3 years of the 
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    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) 
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    those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 
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    9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, 
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    10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, 
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    11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 
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    11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,

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    12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,

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    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 
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    12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 
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    20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and

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    33A-2, and in subsection (a) and subsection (b), clause 
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    (1), of Section
12-4 of the Criminal Code of 1961; (ii) 
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    those offenses defined in the
Cannabis Control Act except 
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    those offenses defined in subsections (a) and
(b) of 
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    Section 4, and subsection (a) of Section 5 of the Cannabis 
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    Control
Act; (iii) those offenses defined in the Illinois 
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    Controlled Substances
Act; (iv) any offense committed or 
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    attempted in any other state or against
the laws of the 
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    United States, which if committed or attempted in this

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    State would be punishable as one or more of the foregoing 
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    offenses; (v)
the offenses defined in Section 4.1 and 5.1 
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    of the Wrongs to Children Act and
(vi) those offenses 
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    defined in Section 6-16 of the Liquor Control Act of
1934;


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        12. not have been repeatedly involved as a driver in 
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    motor vehicle
collisions or been repeatedly convicted of 
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    offenses against
laws and ordinances regulating the 
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    movement of traffic, to a degree which
indicates lack of 
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    ability to exercise ordinary and reasonable care in the

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    safe operation of a motor vehicle or disrespect for the 
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    traffic laws and
the safety of other persons upon the 
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    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 
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    person; and


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        14. not have, within the last 5 years, been adjudged to 
 


 






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    be
afflicted with or suffering from any mental disability 
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    or disease.

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    (b) A school bus driver permit shall be valid for a period 
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specified by
the Secretary of State as set forth by rule.  It 
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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 
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driver's
license number, name, address, zip code, social 
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security number and date
of birth, a brief description of the 
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holder and a space for signature.  The
Secretary of State may 
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require a suitable photograph of the holder.

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    (d) The employer shall be responsible for conducting a 
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pre-employment
interview with prospective school bus driver 
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candidates, distributing school
bus driver applications and 
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medical forms to be completed by the applicant, and
submitting 
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the applicant's fingerprint cards to the Department of State 
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Police
that are required for the criminal background 
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investigations.  The employer
shall certify in writing to the 
19
Secretary of State that all pre-employment
conditions have been 
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successfully completed including the successful completion
of 
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an Illinois specific criminal background investigation through 
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the
Department of State Police and the submission of necessary

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fingerprints to the Federal Bureau of Investigation for 
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criminal
history information available through the Federal 
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Bureau of
Investigation system.  The applicant shall present the

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certification to the Secretary of State at the time of 
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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 
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conditions
have been successfully completed, and upon 
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successful completion of
all training and examination 
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requirements for the classification of
the vehicle to be 
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operated, the Secretary of State shall
provisionally issue a 
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School Bus Driver Permit.  The permit shall
remain in a 
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provisional status pending the completion of the
Federal Bureau 
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of Investigation's criminal background investigation based

 


 






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upon fingerprinting specimens submitted to the Federal Bureau 
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of
Investigation by the Department of State Police.  The Federal 
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Bureau of
Investigation shall report the findings directly to 
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the Secretary
of State.  The Secretary of State shall remove the 
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bus driver
permit from provisional status upon the applicant's 
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successful
completion of the Federal Bureau of Investigation's 
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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 
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in
another state of an offense that would make him or her 
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ineligible
for a permit under subsection (a) of this Section.  
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The
written notification shall be made within 5 days of the 
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entry of
the conviction.  Failure of the permit holder to 
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provide the
notification is punishable as a petty
offense for a 
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first violation and a Class B misdemeanor for a
second or 
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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 
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    investigation
discloses that he or she is not in compliance 
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    with the provisions of subsection
(a) of this Section.


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        (2) The Secretary of State shall cancel a school
bus 
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    driver permit when he or she receives notice that the 
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    permit holder fails
to comply with any provision of this 
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    Section or any rule promulgated for the
administration of 
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    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 
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    or
commercial driving privileges are withdrawn or 
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    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 
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    fails to
obtain a negative result on a drug test as 
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    required in item 6 of
subsection (a) of this Section or 
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    under federal law.


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        (5) The Secretary of State shall forthwith suspend
a 
 


 






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    school bus driver permit for a period of 3 years upon 
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    receiving
notice that the holder has failed to obtain a 
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    negative result on a
drug test as required in item 6 of 
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    subsection (a) of this Section
or under federal law.

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    The Secretary of State shall notify the State 
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Superintendent
of Education and the permit holder's 
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prospective or current
employer that the applicant has (1) has 
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failed a criminal
background investigation or (2) is no
longer 
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eligible for a school bus driver permit; and of the related

10
cancellation of the applicant's provisional school bus driver 
11
permit.  The
cancellation shall remain in effect pending the 
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outcome of a
hearing pursuant to Section 2-118  of this Code.  
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The scope of the
hearing shall be limited to the issuance 
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criteria contained in
subsection (a) of this Section.  A 
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petition requesting a
hearing shall be submitted to the 
16
Secretary of State and shall
contain the reason the individual 
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feels he or she is entitled to a
school bus driver permit.  The 
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permit holder's
employer shall notify in writing to the 
19
Secretary of State
that the employer has certified the removal 
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of the offending school
bus driver from service prior to the 
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start of that school bus
driver's next workshift.  An employing 
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school board that fails to
remove the offending school bus 
23
driver from service is
subject to the penalties defined in 
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Section 3-14.23 of the School Code. A
school bus
contractor who 
25
violates a provision of this Section is
subject to the 
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penalties defined in Section 6-106.11.

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    All valid school bus driver permits issued under this 
28
Section
prior to January 1, 1995, shall remain effective until 
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their
expiration date unless otherwise invalidated.

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(Source: P.A. 91-500, eff. 8-13-99; 92-703, eff. 7-19-02.)