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91_SB0029eng
SB29 Engrossed LRB9101108KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-106.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-106.1 as follows:
7 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
8 Sec. 6-106.1. School bus driver permit.
9 (a) The Secretary of State shall issue a school bus
10 driver permit to those applicants who have met all the
11 requirements of the application and screening process under
12 this Section to insure the welfare and safety of children who
13 are transported on school buses throughout the State of
14 Illinois. Applicants shall obtain the proper application
15 required by the Secretary of State from their prospective or
16 current employer and submit the completed application to the
17 prospective or current employer along with the necessary
18 fingerprint submission as required by the Department of State
19 Police to conduct fingerprint based criminal background
20 checks on current and future information available in the
21 state system and current information available through the
22 Federal Bureau of Investigation's system. Applicants who
23 have completed the fingerprinting requirements shall not be
24 subjected to the fingerprinting process when applying for
25 subsequent permits or submitting proof of successful
26 completion of the annual refresher course. Individuals who
27 on the effective date of this amendatory Act of 1999 possess
28 a valid school bus driver permit that has been previously
29 issued by the appropriate Regional School Superintendent are
30 not subject to the fingerprinting provisions of this Section.
31 The fingerprinting requirements for these individuals shall
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1 be completed by January 1, 2001. as long as the permit
2 remains valid and does not lapse.
3 Both State and federal fingerprint cards of individuals
4 seeking permits as school bus drivers shall be transmitted to
5 the Department of State Police for processing and storage of
6 the fingerprint cards. Applicants shall be electronically
7 fingerprinted by a sheriff's department or by an agent of the
8 Department of State Police or other State agency providing
9 electronic fingerprint services in a form and manner
10 prescribed by the Department of State Police and the
11 Secretary of State through written agreement. The applicant
12 shall be required to pay all related fees as established by
13 rule, including but not limited to the electronic
14 fingerprinting service fee and the fees established by the
15 Department of State Police and Federal Bureau of
16 Investigation for processing fingerprint based criminal
17 history background investigations. However, those school bus
18 drivers required to undergo fingerprinting-based criminal
19 background investigations, required by this amendatory Act of
20 1999 of the 91st General Assembly, shall not be required to
21 pay the fingerprinting fees. Subject to appropriation, the
22 State Board of Education shall reimburse schools for the cost
23 of the fingerprinting fees. All fingerprinting fees shall be
24 paid by the school district. Both those districts that
25 contract for school bus service and those districts that
26 operate their own school buses shall be eligible for
27 reimbursement. Fees associated with electronic fingerprinting
28 shall be retained by the sheriff's department if it performed
29 the fingerprinting service or deposited in the State Police
30 Services Fund if an agent of the State performed the
31 electronic fingerprinting service.
32 The applicant shall be required to pay all related
33 application and fingerprinting fees as established by rule.
34 including, but not limited to, the amounts established by the
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1 Department of State Police and the Federal Bureau of
2 Investigation to process fingerprint based criminal
3 background investigations. All fees paid for fingerprint
4 processing services under this Section shall be deposited
5 into the State Police Services Fund for the cost incurred in
6 processing the fingerprint based criminal background
7 investigations. All other fees paid under this Section shall
8 be deposited into the Road Fund for the purpose of defraying
9 the costs of the Secretary of State in administering this
10 Section. All applicants must:
11 1. be 21 years of age or older;
12 2. possess a valid and properly classified driver's
13 license issued by the Secretary of State;
14 3. possess a valid driver's license, which has not
15 been revoked or suspended, for 3 years immediately prior
16 to the date of application;
17 4. successfully pass a written test, administered
18 by the Secretary of State, on school bus operation,
19 school bus safety, and special traffic laws relating to
20 school buses and submit to a review of the applicant's
21 driving habits by the Secretary of State at the time the
22 written test is given;
23 5. demonstrate ability to exercise reasonable care
24 in the operation of school buses in accordance with rules
25 promulgated by the Secretary of State;
26 6. demonstrate physical fitness to operate school
27 buses by submitting the results of a medical examination,
28 including tests for drug use for each applicant not
29 subject to such testing pursuant to federal law,
30 conducted by a licensed physician within 90 days of the
31 date of application according to standards promulgated by
32 the Secretary of State;
33 7. affirm under penalties of perjury that he or she
34 has not made a false statement or knowingly concealed a
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1 material fact in any application for permit;
2 8. have completed an initial classroom course,
3 including first aid procedures, in school bus driver
4 safety as promulgated by the Secretary of State; and
5 after satisfactory completion of said initial course an
6 annual refresher course; such courses and the agency or
7 organization conducting such courses shall be approved by
8 the Secretary of State; failure to complete the annual
9 refresher course, shall result in cancellation of the
10 permit until such course is completed;
11 9. not have been convicted of 2 or more serious
12 traffic offenses, as defined by rule, within one year
13 prior to the date of application that may endanger the
14 life or safety of any of the driver's passengers within
15 the duration of the permit period;
16 10. not have been convicted of reckless driving,
17 driving while intoxicated, or reckless homicide resulting
18 from the operation of a motor vehicle within 3 years of
19 the date of application;
20 11. not have been convicted of committing or
21 attempting to commit any one or more of the following
22 offenses: (i) those offenses defined in Sections 9-1,
23 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
24 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
25 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
26 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
27 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
28 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
29 31A-1.1, and 33A-2, and in subsection (a) and subsection
30 (b), clause (1), of Section 12-4 of the Criminal Code of
31 1961; (ii) those offenses defined in the Cannabis Control
32 Act except those offenses defined in subsections (a) and
33 (b) of Section 4, and subsection (a) of Section 5 of the
34 Cannabis Control Act; (iii) those offenses defined in the
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1 Illinois Controlled Substances Act; (iv) any offense
2 committed or attempted in any other state or against the
3 laws of the United States, which if committed or
4 attempted in this State would be punishable as one or
5 more of the foregoing offenses; (v) the offenses defined
6 in Section 4.1 and 5.1 of the Wrongs to Children Act and
7 (vi) those offenses defined in Section 6-16 of the Liquor
8 Control Act of 1934;
9 12. not have been repeatedly involved as a driver
10 in motor vehicle collisions or been repeatedly convicted
11 of offenses against laws and ordinances regulating the
12 movement of traffic, to a degree which indicates lack of
13 ability to exercise ordinary and reasonable care in the
14 safe operation of a motor vehicle or disrespect for the
15 traffic laws and the safety of other persons upon the
16 highway;
17 13. not have, through the unlawful operation of a
18 motor vehicle, caused an accident resulting in the death
19 of any person; and
20 14. not have, within the last 5 years, been
21 adjudged to be afflicted with or suffering from any
22 mental disability or disease.
23 (b) A school bus driver permit shall be valid for a
24 period specified by the Secretary of State as set forth by
25 rule. It shall not be renewable, but a new permit shall be
26 issued upon compliance with subsection (a) of this Section.
27 (c) A school bus driver permit shall contain the
28 holder's driver's license number, name, address, zip code,
29 social security number and date of birth, a brief description
30 of the holder and a space for signature. The Secretary of
31 State may require a suitable photograph of the holder.
32 (d) The employer shall be responsible for conducting a
33 pre-employment interview with prospective school bus driver
34 candidates, distributing school bus driver applications and
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1 medical forms to be completed by the applicant, and having
2 the applicant electronically fingerprinted by a sheriff's
3 department or an agent of the Department of State Police or
4 other State agency and insuring electronic transmission
5 submitting the applicant's fingerprint cards to the
6 Department of State Police in a form and manner prescribed by
7 the Department of State Police and the Secretary of State
8 through written agreement as that are required for the
9 criminal background investigations. The employer shall
10 certify in writing to the Secretary of State that all
11 pre-employment conditions have been successfully completed
12 including the successful completion of an Illinois specific
13 criminal background investigation through the Department of
14 State Police and the submission of necessary fingerprints to
15 the Federal Bureau of Investigation for criminal history
16 information available through the Federal Bureau of
17 Investigation system. The applicant shall present the
18 certification to the Secretary of State at the time of
19 submitting the school bus driver permit application.
20 (e) Permits shall initially be provisional upon
21 receiving certification from the employer that all
22 pre-employment conditions have been successfully completed,
23 and upon successful completion of all training and
24 examination requirements for the classification of the
25 vehicle to be operated, the Secretary of State shall
26 provisionally issue a School Bus Driver Permit. The permit
27 shall remain in a provisional status pending the completion
28 of the Federal Bureau of Investigation's criminal background
29 investigation based upon fingerprinting specimens submitted
30 to the Federal Bureau of Investigation by the Department of
31 State Police. The Federal Bureau of Investigation shall
32 report the findings directly to the Secretary of State. The
33 Secretary of State shall remove the bus driver permit from
34 provisional status upon the applicant's successful completion
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1 of the Federal Bureau of Investigation's criminal background
2 investigation.
3 (f) A school bus driver permit holder shall notify the
4 employer and the Secretary of State if he or she is convicted
5 in another state of an offense that would make him or her
6 ineligible for a permit under subsection (a) of this Section.
7 The written notification shall be made within 5 days of the
8 entry of the conviction. Failure of the permit holder to
9 provide the notification is punishable as a petty offense for
10 a first violation and a Class B misdemeanor for a second or
11 subsequent violation.
12 (g) Cancellation; suspension; notice and procedure.
13 (1) The Secretary of State shall cancel a school
14 bus driver permit of an applicant whose criminal
15 background investigation discloses that he or she is not
16 in compliance with the provisions of subsection (a) of
17 this Section.
18 (2) The Secretary of State shall cancel a school
19 bus driver permit when he or she receives notice that the
20 permit holder fails to comply with any provision of this
21 Section or any rule promulgated for the administration of
22 this Section.
23 (3) The Secretary of State shall cancel a school
24 bus driver permit if the permit holder's restricted
25 commercial or commercial driving privileges are withdrawn
26 or otherwise invalidated.
27 (4) The Secretary of State may not issue a school
28 bus driver permit for a period of 3 years to an applicant
29 who fails to obtain a negative result on a drug test as
30 required in item 6 of subsection (a) of this Section or
31 under federal law.
32 (5) The Secretary of State shall forthwith suspend
33 a school bus driver permit for a period of 3 years upon
34 receiving notice that the holder has failed to obtain a
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1 negative result on a drug test as required in item 6 of
2 subsection (a) of this Section or under federal law.
3 The Secretary of State shall notify the State
4 Superintendent of Education and the permit holder's
5 prospective or current employer that the applicant has (1)
6 has failed a criminal background investigation or (2) is no
7 longer eligible for a school bus driver permit; and of the
8 related cancellation of the applicant's provisional school
9 bus driver permit. The cancellation shall remain in effect
10 pending the outcome of a hearing pursuant to Section 2-118
11 of this Code. The scope of the hearing shall be limited to
12 the issuance criteria contained in subsection (a) of this
13 Section. A petition requesting a hearing shall be submitted
14 to the Secretary of State and shall contain the reason the
15 individual feels he or she is entitled to a school bus driver
16 permit. The permit holder's employer shall notify in writing
17 to the Secretary of State that the employer has certified the
18 removal of the offending school bus driver from service prior
19 to the start of that school bus driver's next workshift. An
20 employing school board that fails to remove the offending
21 school bus driver from service is subject to the penalties
22 defined in Section 3-14.23 of the School Code. A school bus
23 contractor who violates a provision of this Section is
24 subject to the penalties defined in Section 6-106.11.
25 All valid school bus driver permits issued under this
26 Section prior to January 1, 1995, shall remain effective
27 until their expiration date unless otherwise invalidated.
28 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96;
29 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff.
30 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.
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