HB4873 Enrolled

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1
    AN ACT concerning transportation.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Sections 6-106.1 and 6-508 as follows:
 
6
    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
7
    Sec. 6-106.1. School bus driver permit.

8
    (a) The Secretary of State shall issue a school bus driver

9
permit to those applicants who have met all the requirements of 
10
the
application and screening process under this Section to 
11
insure the
welfare and safety of children who are transported 
12
on school buses
throughout the State of Illinois.  Applicants 
13
shall obtain the
proper application required by the Secretary 
14
of State from their
prospective or current employer and submit 
15
the completed
application to the prospective or current 
16
employer along
with the necessary fingerprint submission as 
17
required by the
Department of
State Police to conduct 
18
fingerprint based criminal background
checks on current and 
19
future information available in the state
system and current 
20
information available through the Federal Bureau
of 
21
Investigation's system.  Applicants who have completed the

22
fingerprinting requirements shall not be subjected to the

23
fingerprinting process when applying for subsequent permits or

 


 






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submitting proof of successful completion of the annual 
2
refresher
course.  Individuals who on the effective date of this 
3
Act possess a valid
school bus driver permit that has been 
4
previously issued by the appropriate
Regional School 
5
Superintendent are not subject to the fingerprinting

6
provisions of this Section as long as the permit remains valid 
7
and does not
lapse.  The applicant shall be required to pay all 
8
related
application and fingerprinting fees as established by 
9
rule
including, but not limited to, the amounts established by 
10
the Department of
State Police and the Federal Bureau of 
11
Investigation to process
fingerprint based criminal background 
12
investigations. All fees paid for
fingerprint processing 
13
services under this Section shall be deposited into the
State 
14
Police Services Fund for the cost incurred in processing the 
15
fingerprint
based criminal background investigations.  All 
16
other fees paid under this
Section shall be deposited into the 
17
Road
Fund for the purpose of defraying the costs of the 
18
Secretary of State in
administering this Section.  All 
19
applicants must:


20
        1. be 21 years of age or older;


21
        2. possess a valid and properly classified driver's 
22
    license
issued by the Secretary of State;


23
        3. possess a valid driver's license, which has not been

24
    revoked, suspended, or canceled for 3 years immediately 
25
    prior to
the date of application, or have not had his or 
26
    her commercial motor vehicle
driving privileges

 


 






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    disqualified within the 3 years immediately prior to the 
2
    date of application;


3
        4. successfully pass a written test, administered by 
4
    the
Secretary of State, on school bus operation, school bus 
5
    safety, and
special traffic laws relating to school buses 
6
    and submit to a review
of the applicant's driving habits by 
7
    the Secretary of State at the time the
written test is 
8
    given;


9
        5. demonstrate ability to exercise reasonable care in 
10
    the operation of
school buses in accordance with rules 
11
    promulgated by the Secretary of State;


12
        6. demonstrate physical fitness to operate school 
13
    buses by
submitting the results of a medical examination, 
14
    including tests for drug
use for each applicant not subject 
15
    to such testing pursuant to
federal law, conducted by a 
16
    licensed physician, an advanced practice nurse
who has a 
17
    written collaborative agreement with
a collaborating 
18
    physician which authorizes him or her to perform medical

19
    examinations, or a physician assistant who has been 
20
    delegated the
performance of medical examinations by his or 
21
    her supervising physician
within 90 days of the date
of 
22
    application according to standards promulgated by the 
23
    Secretary of State;


24
        7. affirm under penalties of perjury that he or she has 
25
    not made a
false statement or knowingly concealed a 
26
    material fact
in any application for permit;


 


 






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        8. have completed an initial classroom course, 
2
    including first aid
procedures, in school bus driver safety 
3
    as promulgated by the Secretary of
State; and after 
4
    satisfactory completion of said initial course an annual

5
    refresher course; such courses and the agency or 
6
    organization conducting such
courses shall be approved by 
7
    the Secretary of State; failure to
complete the annual 
8
    refresher course, shall result in
cancellation of the 
9
    permit until such course is completed;


10
        9. not have been convicted of 2 or more serious traffic 
11
    offenses, as
defined by rule, within one year prior to the 
12
    date of application that may
endanger the life or safety of 
13
    any of the driver's passengers within the
duration of the 
14
    permit period;


15
        10. not have been convicted of reckless driving, 
16
    driving while
intoxicated, or reckless homicide resulting 
17
    from the operation of a motor
vehicle within 3 years of the 
18
    date of application;


19
        11. not have been convicted of committing or attempting

20
    to commit any
one or more of the following offenses:  (i) 
21
    those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, 
22
    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 
23
    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, 
24
    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, 
25
    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,

26
    11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, 
 


 






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    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 
2
    12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,

3
    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,

4
    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 
5
    12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 
6
    18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 
7
    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 
8
    31A-1, 31A-1.1, and
33A-2, and 33D-1, and in subsection (b) 
9
    of Section 8-1, and in subsection (a) and subsection (b), 
10
    clause (1), of Section
12-4, and in subsection (A), clauses 
11
    (a) and (b), of Section 24-3, and those offenses contained 
12
    in Article 29D of the Criminal Code of 1961; (ii) those 
13
    offenses defined in the
Cannabis Control Act except those 
14
    offenses defined in subsections (a) and
(b) of Section 4, 
15
    and subsection (a) of Section 5 of the Cannabis Control

16
    Act; (iii) those offenses defined in the Illinois 
17
    Controlled Substances
Act; (iv) those offenses defined in 
18
    the Methamphetamine Control and Community Protection Act; 
19
    (v) any offense committed or attempted in any other state 
20
    or against
the laws of the United States, which if 
21
    committed or attempted in this
State would be punishable as 
22
    one or more of the foregoing offenses; (vi)

the offenses 
23
    defined in Section 4.1 and 5.1 of the Wrongs to Children 
24
    Act; and (vii) those offenses defined in Section 6-16 of 
25
    the Liquor Control Act of
1934;
and (viii) those offenses 
26
    defined in the Methamphetamine Precursor Control Act. 

 


 






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        12. not have been repeatedly involved as a driver in 
2
    motor vehicle
collisions or been repeatedly convicted of 
3
    offenses against
laws and ordinances regulating the 
4
    movement of traffic, to a degree which
indicates lack of 
5
    ability to exercise ordinary and reasonable care in the

6
    safe operation of a motor vehicle or disrespect for the 
7
    traffic laws and
the safety of other persons upon the 
8
    highway;


9
        13. not have, through the unlawful operation of a motor

10
    vehicle, caused an accident resulting in the death of any 
11
    person; and


12
        14. not have, within the last 5 years, been adjudged to 
13
    be
afflicted with or suffering from any mental disability 
14
    or disease.


15
    (b) A school bus driver permit shall be valid for a period 
16
specified by
the Secretary of State as set forth by rule.  It 
17
shall be renewable upon compliance with subsection (a) of this

18
Section.


19
    (c) A school bus driver permit shall contain the holder's 
20
driver's
license number, legal name, residence address, zip 
21
code, social
security number and date
of birth, a brief 
22
description of the holder and a space for signature.  The

23
Secretary of State may require a suitable photograph of the 
24
holder.


25
    (d) The employer shall be responsible for conducting a 
26
pre-employment
interview with prospective school bus driver 
 


 






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candidates, distributing school
bus driver applications and 
2
medical forms to be completed by the applicant, and
submitting 
3
the applicant's fingerprint cards to the Department of State 
4
Police
that are required for the criminal background 
5
investigations.  The employer
shall certify in writing to the 
6
Secretary of State that all pre-employment
conditions have been 
7
successfully completed including the successful completion
of 
8
an Illinois specific criminal background investigation through 
9
the
Department of State Police and the submission of necessary

10
fingerprints to the Federal Bureau of Investigation for 
11
criminal
history information available through the Federal 
12
Bureau of
Investigation system.  The applicant shall present the

13
certification to the Secretary of State at the time of 
14
submitting
the school bus driver permit application.


15
    (e) Permits shall initially be provisional upon receiving

16
certification from the employer that all pre-employment 
17
conditions
have been successfully completed, and upon 
18
successful completion of
all training and examination 
19
requirements for the classification of
the vehicle to be 
20
operated, the Secretary of State shall
provisionally issue a 
21
School Bus Driver Permit.  The permit shall
remain in a 
22
provisional status pending the completion of the
Federal Bureau 
23
of Investigation's criminal background investigation based

24
upon fingerprinting specimens submitted to the Federal Bureau 
25
of
Investigation by the Department of State Police.  The Federal 
26
Bureau of
Investigation shall report the findings directly to 
 


 






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the Secretary
of State.  The Secretary of State shall remove the 
2
bus driver
permit from provisional status upon the applicant's 
3
successful
completion of the Federal Bureau of Investigation's 
4
criminal
background investigation.


5
    (f) A school bus driver permit holder shall notify the

6
employer and the Secretary of State if he or she is convicted 
7
in
another state of an offense that would make him or her 
8
ineligible
for a permit under subsection (a) of this Section.  
9
The
written notification shall be made within 5 days of the 
10
entry of
the conviction.  Failure of the permit holder to 
11
provide the
notification is punishable as a petty
offense for a 
12
first violation and a Class B misdemeanor for a
second or 
13
subsequent violation.


14
    (g) Cancellation; suspension; notice and procedure.


15
        (1) The Secretary of State shall cancel a school bus

16
    driver permit of an applicant whose criminal background 
17
    investigation
discloses that he or she is not in compliance 
18
    with the provisions of subsection
(a) of this Section.


19
        (2) The Secretary of State shall cancel a school
bus 
20
    driver permit when he or she receives notice that the 
21
    permit holder fails
to comply with any provision of this 
22
    Section or any rule promulgated for the
administration of 
23
    this Section.


24
        (3) The Secretary of State shall cancel a school bus

25
    driver permit if the permit holder's restricted commercial 
26
    or
commercial driving privileges are withdrawn or 
 


 






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    otherwise
invalidated.


2
        (4) The Secretary of State may not issue a school bus

3
    driver permit for a period of 3 years to an applicant who 
4
    fails to
obtain a negative result on a drug test as 
5
    required in item 6 of
subsection (a) of this Section or 
6
    under federal law.


7
        (5) The Secretary of State shall forthwith suspend
a 
8
    school bus driver permit for a period of 3 years upon 
9
    receiving
notice that the holder has failed to obtain a 
10
    negative result on a
drug test as required in item 6 of 
11
    subsection (a) of this Section
or under federal law.


12
        (6) The Secretary of State shall suspend a school bus 
13
    driver permit for a period of 3 years upon receiving notice 
14
    from the employer that the holder failed to perform the 
15
    inspection procedure set forth in subsection (a) or (b) of 
16
    Section 12-816 of this Code. 
17
    The Secretary of State shall notify the State 
18
Superintendent
of Education and the permit holder's 
19
prospective or current
employer that the applicant has (1) has 
20
failed a criminal
background investigation or (2) is no
longer 
21
eligible for a school bus driver permit; and of the related

22
cancellation of the applicant's provisional school bus driver 
23
permit.  The
cancellation shall remain in effect pending the 
24
outcome of a
hearing pursuant to Section 2-118  of this Code.  
25
The scope of the
hearing shall be limited to the issuance 
26
criteria contained in
subsection (a) of this Section.  A 
 


 






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petition requesting a
hearing shall be submitted to the 
2
Secretary of State and shall
contain the reason the individual 
3
feels he or she is entitled to a
school bus driver permit.  The 
4
permit holder's
employer shall notify in writing to the 
5
Secretary of State
that the employer has certified the removal 
6
of the offending school
bus driver from service prior to the 
7
start of that school bus
driver's next workshift.  An employing 
8
school board that fails to
remove the offending school bus 
9
driver from service is
subject to the penalties defined in 
10
Section 3-14.23 of the School Code. A
school bus
contractor who 
11
violates a provision of this Section is
subject to the 
12
penalties defined in Section 6-106.11.


13
    All valid school bus driver permits issued under this 
14
Section
prior to January 1, 1995, shall remain effective until 
15
their
expiration date unless otherwise invalidated.


16
    (h) When a school bus driver permit holder who is a service 
17
member is called to active duty, the employer of the permit 
18
holder shall notify the Secretary of State, within 30 days of 
19
notification from the permit holder, that the permit holder has 
20
been called to active duty. Upon notification pursuant to this 
21
subsection, (i) the Secretary of State shall characterize the 
22
permit as inactive until a permit holder renews the permit as 
23
provided in subsection (i) of this Section, and (ii) if a 
24
permit holder fails to comply with the requirements of this 
25
Section while called to active duty, the Secretary of State 
26
shall not characterize the permit as invalid. 
 


 






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    (i) A school bus driver permit holder who is a service 
2
member returning from active duty must, within 90 days, renew a 
3
permit characterized as inactive pursuant to subsection (h) of 
4
this Section by complying with the renewal requirements of 
5
subsection (b) of this Section. 
6
    (j) For purposes of subsections (h) and (i) of this 
7
Section: 
8
    "Active duty" means active duty pursuant to an executive 
9
order of the President of the United States, an act of the 
10
Congress of the United States, or an order of the Governor. 
11
    "Service member" means a member of the Armed Services or 
12
reserve forces of the United States or a member of the Illinois 
13
National Guard. 
14
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; 
15
revised 12-1-09.)

 
16
    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)


17
    Sec. 6-508. Commercial Driver's License (CDL) - 
18
qualification standards.


19
    (a) Testing.


20
        (1) General.  No person shall be issued an original or 
21
    renewal CDL
unless that person is
domiciled in this State.  
22
    The Secretary shall cause to be administered such
tests as 
23
    the Secretary deems necessary to meet the requirements of 
24
    49
C.F.R. Part 383, subparts F, G, H, and J.


25
        (2) Third party testing.  The Secretary of state may 
 


 






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    authorize a
"third party tester", pursuant to 49 C.F.R. 
2
    Part 383.75, to administer the
skills test or tests 
3
    specified by Federal Motor Carrier Safety

Administration 
4
    pursuant to the
Commercial Motor Vehicle Safety Act of 1986 
5
    and any appropriate federal rule.


6
    (b) Waiver of Skills Test.  The Secretary of State may waive 
7
the skills
test specified in this Section for a driver 
8
applicant for a commercial driver license
who meets the 
9
requirements of 49 C.F.R. Part 383.77 and Part 383.123.


10
    (c) Limitations on issuance of a CDL.  A CDL, or a 
11
commercial driver
instruction permit, shall not be issued to a 
12
person while the person is
subject to a disqualification from 
13
driving a commercial motor vehicle, or
unless otherwise 
14
permitted by this Code, while the person's driver's
license is 
15
suspended, revoked or cancelled in
any state, or any territory 
16
or province of Canada; nor may a CDL be issued
to a person who 
17
has a CDL issued by any other state, or foreign
jurisdiction, 
18
unless the person first surrenders all such
licenses.  No CDL 
19
shall be issued to or renewed for a person who does not
meet 
20
the requirement of 49 CFR 391.41(b)(11).  The requirement may be 
21
met with
the aid of a hearing aid.


22
    (c-1) The Secretary may issue a CDL with a school bus 
23
driver endorsement
to allow a person to drive the type of bus 
24
described in subsection (d-5) of
Section 6-104 of this Code. 
25
The CDL with a school bus driver endorsement may be
issued only 
26
to a person meeting the following requirements:

 


 






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        (1) the person has submitted his or her fingerprints to 
2
    the
Department of State Police in the form and manner

3
    prescribed by the Department of State Police. These

4
    fingerprints shall be checked against the fingerprint 
5
    records
now and hereafter filed in the Department of State 
6
    Police and
Federal Bureau of Investigation criminal 
7
    history records databases;


8
        (2) the person has passed a written test, administered 
9
    by the Secretary of
State, on charter bus operation, 
10
    charter bus safety, and certain special
traffic laws

11
    relating to school buses determined by the Secretary of 
12
    State to be relevant to
charter buses, and submitted to a 
13
    review of the driver applicant's driving
habits by the 
14
    Secretary of State at the time the written test is given;

15
        (3) the person has demonstrated physical fitness to 
16
    operate school buses
by
submitting the results of a medical 
17
    examination, including tests for drug
use; and


18
        (4) the person has not been convicted of committing or 
19
    attempting
to commit any
one or more of the following 
20
    offenses:  (i) those offenses defined in
Sections 8-1.2, 
21
    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 
22
    10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 
23
    11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 
24
    11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 
25
    11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 
26
    11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 
 


 






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    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 
2
    12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 
3
    12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 
4
    12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,

5
    18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 
6
    24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 
7
    24-3.3, 24-3.5, 31A-1, 31A-1.1, and
33A-2, and 33D-1, and 
8
    in subsection (b) of Section 8-1, and in subsection (a) and 
9
    subsection (b), clause (1), of Section
12-4, and in 
10
    subsection (A), clauses (a) and (b), of Section 24-3, and 
11
    those offenses contained in Article 29D of the Criminal 
12
    Code of 1961; (ii) those offenses defined in the
Cannabis 
13
    Control Act except those offenses defined in subsections 
14
    (a) and
(b) of Section 4, and subsection (a) of Section 5 
15
    of the Cannabis Control
Act; (iii) those offenses defined 
16
    in the Illinois Controlled Substances
Act; (iv) those 
17
    offenses defined in the Methamphetamine Control and 
18
    Community Protection Act; (v) any offense committed or 
19
    attempted in any other state or against
the laws of the 
20
    United States, which if committed or attempted in this

21
    State would be punishable as one or more of the foregoing 
22
    offenses; (vi)

the offenses defined in Sections 4.1 and 5.1 
23
    of the Wrongs to Children Act; and (vii) those offenses 
24
    defined in Section 6-16 of the Liquor Control Act of
1934; 
25
    and (viii) those offenses defined in the Methamphetamine 
26
    Precursor Control Act.


 


 






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    The Department of State Police shall charge
a fee for 
2
conducting the criminal history records check, which shall be

3
deposited into the State Police Services Fund and may not 
4
exceed the actual
cost of the records check.


5
    (c-2) The Secretary shall issue a CDL with a school bus 
6
endorsement to allow a person to drive a school bus as defined 
7
in this Section.  The CDL shall be issued according to the 
8
requirements outlined in 49 C.F.R. 383.  A person may not 
9
operate a school bus as defined in this Section without a 
10
school bus endorsement.  The Secretary of State may adopt rules 
11
consistent with Federal guidelines to implement this 
12
subsection (c-2).

13
    (d) Commercial driver instruction permit.  A commercial 
14
driver
instruction permit may be issued to any person holding a 
15
valid Illinois
driver's license if such person successfully 
16
passes such tests as the
Secretary determines to be necessary.

17
A commercial driver instruction permit shall not be issued to a 
18
person who
does not meet
the requirements of 49 CFR 391.41 
19
(b)(11), except for the renewal of a
commercial driver

20
instruction permit for a person who possesses a commercial 
21
instruction permit
prior to the
effective date of this 
22
amendatory Act of 1999.


23
(Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; 
24
95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)

 
 
25
    Section 99. Effective date. This Act takes effect upon 
26
becoming law.