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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 
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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 
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rule
including, but not limited to, the amounts established by 
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the Department of
State Police and the Federal Bureau of 
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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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        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) those offenses defined in 
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    the Methamphetamine Control and Community Protection Act; 
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    (v) any offense committed or attempted in any other state 
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    or against
the laws of the United States, which if 
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    committed or attempted in this
State would be punishable as 
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    one or more of the foregoing offenses; (vi)

the offenses 
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    defined in Section 4.1 and 5.1 of the Wrongs to Children 
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    Act and (vii) those offenses defined in Section 6-16 of the 
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    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, legal name, residence address, zip 
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code, social
security number and date
of birth, a brief 
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description of the holder and a space for signature.  The

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Secretary of State may require a suitable photograph of the 
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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 
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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

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cancellation of the applicant's provisional school bus driver 
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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 
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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 
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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 
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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 
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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 
 


 






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Section
prior to January 1, 1995, shall remain effective until 
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their
expiration date unless otherwise invalidated.


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    (h) When a school bus driver permit holder who is a service 
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member is called to active duty, the employer of the permit 
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holder shall notify the Secretary of State, within 30 days of 
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notification from the permit holder, that the permit holder has 
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been called to active duty. Upon notification pursuant to this 
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subsection, (i) the Secretary of State shall characterize the 
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permit as inactive until a permit holder renews the permit as 
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provided in subsection (i) of this Section, and (ii) if a 
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permit holder fails to comply with the requirements of this 
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Section while called to active duty, the Secretary of State 
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shall not characterize the permit as invalid. 
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    (i) A school bus driver permit holder who is a service 
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member returning from active duty must, within 90 days, renew a 
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permit characterized as inactive pursuant to subsection (h) of 
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this Section by complying with the renewal requirements of 
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subsection (b) of this Section. 
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    (j) For purposes of subsections (h) and (i) of this 
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Section: 
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    "Active duty" means active duty pursuant to an executive 
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order of the President of the United States, an act of the 
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Congress of the United States, or an order of the Governor. 
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    "Service member" means a member of the Armed Services or 
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reserve forces of the United States or a member of the Illinois 
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National Guard. 
 


 






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(Source: P.A. 93-895, eff. 1-1-05; 94-556, eff. 9-11-05.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.