093_HB1523

 
                                     LRB093 08044 DRH 08245 b

 1        AN ACT in relation to vehicles.

 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
 5    changing Section 6-106.1 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
 9    driver  permit  to  those  applicants  who  have  met all the
10    requirements of the application and screening  process  under
11    this Section to insure the welfare and safety of children who
12    are  transported  on  school  buses  throughout  the State of
13    Illinois.  Applicants shall  obtain  the  proper  application
14    required  by the Secretary of State from their prospective or
15    current employer and submit the completed application to  the
16    prospective  or  current  employer  along  with the necessary
17    fingerprint submission as required by the Department of State
18    Police  to  conduct  fingerprint  based  criminal  background
19    checks on current and future  information  available  in  the
20    state  system  and  current information available through the
21    Federal Bureau of  Investigation's  system.   Applicants  who
22    have  completed  the fingerprinting requirements shall not be
23    subjected to the fingerprinting  process  when  applying  for
24    subsequent   permits   or   submitting  proof  of  successful
25    completion of the annual refresher course.   Individuals  who
26    on  the effective date of this Act possess a valid school bus
27    driver  permit  that  has  been  previously  issued  by   the
28    appropriate Regional School Superintendent are not subject to
29    the  fingerprinting provisions of this Section as long as the
30    permit remains valid and does not lapse.  The applicant shall
31    be required to pay all related application and fingerprinting
 
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 1    fees as established by rule including, but  not  limited  to,
 2    the amounts established by the Department of State Police and
 3    the  Federal  Bureau  of Investigation to process fingerprint
 4    based criminal background investigations. All fees  paid  for
 5    fingerprint  processing  services under this Section shall be
 6    deposited into the State Police Services Fund  for  the  cost
 7    incurred   in   processing  the  fingerprint  based  criminal
 8    background investigations.  All other fees  paid  under  this
 9    Section shall be deposited into the Road Fund for the purpose
10    of   defraying  the  costs  of  the  Secretary  of  State  in
11    administering this Section.  All applicants must:
12             1.  be 21 years of age or older;
13             2.  possess a valid and properly classified driver's
14        license issued by the Secretary of State;
15             3.  possess a valid driver's license, which has  not
16        been   revoked,   suspended,  or  canceled  for  3  years
17        immediately prior to the date of application, or have not
18        had  his  or  her  commercial   motor   vehicle   driving
19        privileges  disqualified  within  the 3 years immediately
20        prior to the date of application;
21             4.  successfully pass a written  test,  administered
22        by  the  Secretary  of  State,  on  school bus operation,
23        school bus safety, and special traffic laws  relating  to
24        school  buses  and  submit to a review of the applicant's
25        driving habits by the Secretary of State at the time  the
26        written test is given;
27             5.  demonstrate  ability to exercise reasonable care
28        in the operation of school buses in accordance with rules
29        promulgated by the Secretary of State;
30             6.  demonstrate physical fitness to  operate  school
31        buses by submitting the results of a medical examination,
32        including  tests  for  drug  use  for  each applicant not
33        subject  to  such  testing  pursuant  to   federal   law,
34        conducted  by  a licensed physician, an advanced practice
 
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 1        nurse who has a written collaborative  agreement  with  a
 2        collaborating  physician  which  authorizes him or her to
 3        perform medical examinations, or  a  physician  assistant
 4        who   has  been  delegated  the  performance  of  medical
 5        examinations by his or her supervising  physician  within
 6        90 days of the date of application according to standards
 7        promulgated by the Secretary of State;
 8             7.  affirm under penalties of perjury that he or she
 9        has  not  made a false statement or knowingly concealed a
10        material fact in any application for permit;
11             8.  have  completed  an  initial  classroom  course,
12        including first aid  procedures,  in  school  bus  driver
13        safety  as  promulgated  by  the  Secretary of State; and
14        after satisfactory completion of said initial  course  an
15        annual refresher course which shall include, in the first
16        year  and  every  third succeeding year, certification of
17        proficiency in First Aid and, in the first year and every
18        succeeding year, cardiopulmonary resuscitation  according
19        to  the  standards  of  the  American Red Cross, American
20        Heart  Association   or   other   nationally   recognized
21        certifying   agency;  such  courses  and  the  agency  or
22        organization conducting such courses shall be approved by
23        the Secretary of State; failure to  complete  the  annual
24        refresher  course,  shall  result  in cancellation of the
25        permit until such course is completed;
26             9.  not have been convicted of  2  or  more  serious
27        traffic  offenses,  as  defined  by rule, within one year
28        prior to the date of application that  may  endanger  the
29        life  or  safety of any of the driver's passengers within
30        the duration of the permit period;
31             10.  not have been convicted  of  reckless  driving,
32        driving while intoxicated, or reckless homicide resulting
33        from  the  operation of a motor vehicle within 3 years of
34        the date of application;
 
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 1             11.  not  have  been  convicted  of  committing   or
 2        attempting  to  commit  any  one or more of the following
 3        offenses:  (i) those offenses defined  in  Sections  9-1,
 4        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
 5        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
 6        11-15.1,  11-16,  11-17,  11-18, 11-19, 11-19.1, 11-19.2,
 7        11-20, 11-20.1, 11-21,  11-22,  12-3.1,  12-4.1,  12-4.2,
 8        12-4.3,  12-4.4,  12-4.5,  12-6,  12-6.2, 12-7.1, 12-7.3,
 9        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
10        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
11        18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1,  24-1.2,  24-3.3,
12        31A-1,  31A-1.1,  and  33A-2,  and  in subsection (a) and
13        subsection (b),  clause  (1),  of  Section  12-4  of  the
14        Criminal Code of 1961; (ii) those offenses defined in the
15        Cannabis  Control  Act  except  those offenses defined in
16        subsections (a) and (b) of Section 4, and subsection  (a)
17        of  Section  5  of  the Cannabis Control Act; (iii) those
18        offenses defined in the  Illinois  Controlled  Substances
19        Act; (iv) any offense committed or attempted in any other
20        state  or against the laws of the United States, which if
21        committed or attempted in this State would be  punishable
22        as  one  or  more  of  the  foregoing  offenses;  (v) the
23        offenses defined in Section 4.1 and 5.1 of the Wrongs  to
24        Children  Act  and (vi) those offenses defined in Section
25        6-16 of the Liquor Control Act of 1934;
26             12.  not have been repeatedly involved as  a  driver
27        in  motor vehicle collisions or been repeatedly convicted
28        of offenses against laws and  ordinances  regulating  the
29        movement  of traffic, to a degree which indicates lack of
30        ability to exercise ordinary and reasonable care  in  the
31        safe  operation  of a motor vehicle or disrespect for the
32        traffic laws and the safety of  other  persons  upon  the
33        highway;
34             13.  not  have,  through the unlawful operation of a
 
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 1        motor vehicle, caused an accident resulting in the  death
 2        of any person; and
 3             14.  not   have,  within  the  last  5  years,  been
 4        adjudged to be  afflicted  with  or  suffering  from  any
 5        mental disability or disease.
 6        (b)  A  school  bus  driver  permit  shall be valid for a
 7    period specified by the Secretary of State as  set  forth  by
 8    rule.   It shall be renewable upon compliance with subsection
 9    (a) of this Section.
10        (c)  A  school  bus  driver  permit  shall  contain   the
11    holder's  driver's  license  number, name, address, zip code,
12    social security number and date of birth, a brief description
13    of the holder and a space for signature.   The  Secretary  of
14    State may require a suitable photograph of the holder.
15        (d)  The  employer  shall be responsible for conducting a
16    pre-employment interview with prospective school  bus  driver
17    candidates,  distributing  school bus driver applications and
18    medical  forms  to  be  completed  by  the   applicant,   and
19    submitting   the   applicant's   fingerprint   cards  to  the
20    Department of State Police that are required for the criminal
21    background investigations.  The  employer  shall  certify  in
22    writing  to  the  Secretary  of State that all pre-employment
23    conditions have been  successfully  completed  including  the
24    successful   completion  of  an  Illinois  specific  criminal
25    background investigation  through  the  Department  of  State
26    Police  and  the  submission of necessary fingerprints to the
27    Federal  Bureau  of  Investigation   for   criminal   history
28    information   available   through   the   Federal  Bureau  of
29    Investigation  system.   The  applicant  shall  present   the
30    certification  to  the  Secretary  of  State  at  the time of
31    submitting the school bus driver permit application.
32        (e)  Permits  shall   initially   be   provisional   upon
33    receiving   certification   from   the   employer   that  all
34    pre-employment conditions have been  successfully  completed,
 
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 1    and   upon   successful   completion   of  all  training  and
 2    examination  requirements  for  the  classification  of   the
 3    vehicle   to  be  operated,  the  Secretary  of  State  shall
 4    provisionally issue a School Bus Driver Permit.   The  permit
 5    shall  remain  in a provisional status pending the completion
 6    of the Federal Bureau of Investigation's criminal  background
 7    investigation  based  upon fingerprinting specimens submitted
 8    to the Federal Bureau of Investigation by the  Department  of
 9    State  Police.   The  Federal  Bureau  of Investigation shall
10    report the findings directly to the Secretary of State.   The
11    Secretary  of  State  shall remove the bus driver permit from
12    provisional status upon the applicant's successful completion
13    of the Federal Bureau of Investigation's criminal  background
14    investigation.
15        (f)  A  school  bus driver permit holder shall notify the
16    employer and the Secretary of State if he or she is convicted
17    in another state of an offense that would  make  him  or  her
18    ineligible for a permit under subsection (a) of this Section.
19    The  written  notification shall be made within 5 days of the
20    entry of the conviction.  Failure of  the  permit  holder  to
21    provide the notification is punishable as a petty offense for
22    a  first  violation and a Class B misdemeanor for a second or
23    subsequent violation.
24        (g)  Cancellation; suspension; notice and procedure.
25             (1)  The Secretary of State shall  cancel  a  school
26        bus   driver   permit  of  an  applicant  whose  criminal
27        background investigation discloses that he or she is  not
28        in  compliance  with  the provisions of subsection (a) of
29        this Section.
30             (2)  The Secretary of State shall  cancel  a  school
31        bus driver permit when he or she receives notice that the
32        permit  holder fails to comply with any provision of this
33        Section or any rule promulgated for the administration of
34        this Section.
 
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 1             (3)  The Secretary of State shall  cancel  a  school
 2        bus  driver  permit  if  the  permit  holder's restricted
 3        commercial or commercial driving privileges are withdrawn
 4        or otherwise invalidated.
 5             (4)  The Secretary of State may not issue  a  school
 6        bus driver permit for a period of 3 years to an applicant
 7        who  fails  to obtain a negative result on a drug test as
 8        required in item 6 of subsection (a) of this  Section  or
 9        under federal law.
10             (5)  The  Secretary of State shall forthwith suspend
11        a school bus driver permit for a period of 3  years  upon
12        receiving  notice  that the holder has failed to obtain a
13        negative result on a drug test as required in item  6  of
14        subsection (a) of this Section or under federal law.
15        The   Secretary   of   State   shall   notify  the  State
16    Superintendent  of  Education   and   the   permit   holder's
17    prospective  or  current  employer that the applicant has (1)
18    has failed a criminal background investigation or (2)  is  no
19    longer  eligible  for  a school bus driver permit; and of the
20    related cancellation of the  applicant's  provisional  school
21    bus  driver  permit.  The cancellation shall remain in effect
22    pending the outcome of a hearing pursuant  to  Section  2-118
23    of  this  Code.  The scope of the hearing shall be limited to
24    the issuance criteria contained in  subsection  (a)  of  this
25    Section.   A petition requesting a hearing shall be submitted
26    to the Secretary of State and shall contain  the  reason  the
27    individual feels he or she is entitled to a school bus driver
28    permit.  The permit holder's employer shall notify in writing
29    to the Secretary of State that the employer has certified the
30    removal of the offending school bus driver from service prior
31    to  the start of that school bus driver's next workshift.  An
32    employing school board that fails  to  remove  the  offending
33    school  bus  driver  from service is subject to the penalties
34    defined in Section 3-14.23 of the School Code. A  school  bus
 
                            -8-      LRB093 08044 DRH 08245 b
 1    contractor  who  violates  a  provision  of  this  Section is
 2    subject to the penalties defined in Section 6-106.11.
 3        All valid school bus driver  permits  issued  under  this
 4    Section  prior  to  January  1,  1995, shall remain effective
 5    until their expiration date unless otherwise invalidated.
 6    (Source: P.A. 91-500, eff. 8-13-99; 92-703, eff. 7-19-02.)