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Public Act 91-0500
HB1869 Enrolled LRB9104525KSks
AN ACT to amend the Illinois Vehicle Code by changing
Section 6-106.1.
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 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, or 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 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 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, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3,
12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
subsection (b), clause (1), of Section 12-4 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) 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; (v) the
offenses defined in Section 4.1 and 5.1 of the Wrongs to
Children Act and (vi) those offenses defined in Section
6-16 of the Liquor Control Act of 1934;
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, name, 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.
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.
(Source: P.A. 89-71, eff. 1-1-96; 89-120, eff. 7-7-95;
89-375, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96; 89-626, eff. 8-9-96; 90-191, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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