Full Text of HB0147 97th General Assembly
HB0147enr 97TH GENERAL ASSEMBLY |
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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 | | Section 6-106.1 and by adding Section 6-106.1c as follows:
| 6 | | (625 ILCS 5/6-106.1)
| 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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| 1 | | 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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| 1 | | 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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| 1 | | 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 | | aggravated reckless driving, driving while under the | 17 | | influence of alcohol, other drug or drugs, intoxicating | 18 | | compound or compounds or any combination thereof, or | 19 | | reckless homicide resulting from the operation of a motor
| 20 | | vehicle within 3 years of the date of application;
| 21 | | 11. not have been convicted of committing or attempting
| 22 | | to commit any
one or more of the following offenses: (i) | 23 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | 24 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | 25 | | 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, | 26 | | 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, |
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| 1 | | 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
| 2 | | 11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, | 3 | | 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 4 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,
| 5 | | 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
| 6 | | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | 7 | | 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, | 8 | | 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, | 9 | | 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, | 10 | | 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of | 11 | | Section 8-1, and in subsection (a) and subsection (b), | 12 | | clause (1), of Section
12-4, and in subsection (A), clauses | 13 | | (a) and (b), of Section 24-3, and those offenses contained | 14 | | in Article 29D of the Criminal Code of 1961; (ii) those | 15 | | offenses defined in the
Cannabis Control Act except those | 16 | | offenses defined in subsections (a) and
(b) of Section 4, | 17 | | and subsection (a) of Section 5 of the Cannabis Control
| 18 | | Act; (iii) those offenses defined in the Illinois | 19 | | Controlled Substances
Act; (iv) those offenses defined in | 20 | | the Methamphetamine Control and Community Protection Act; | 21 | | (v) any offense committed or attempted in any other state | 22 | | or against
the laws of the United States, which if | 23 | | committed or attempted in this
State would be punishable as | 24 | | one or more of the foregoing offenses; (vi)
the offenses | 25 | | defined in Section 4.1 and 5.1 of the Wrongs to Children | 26 | | Act; (vii) those offenses defined in Section 6-16 of the |
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| 1 | | Liquor Control Act of
1934;
and (viii) those offenses | 2 | | defined in the Methamphetamine Precursor Control Act ; .
| 3 | | 12. not have been repeatedly involved as a driver in | 4 | | motor vehicle
collisions or been repeatedly convicted of | 5 | | offenses against
laws and ordinances regulating the | 6 | | movement of traffic, to a degree which
indicates lack of | 7 | | ability to exercise ordinary and reasonable care in the
| 8 | | safe operation of a motor vehicle or disrespect for the | 9 | | traffic laws and
the safety of other persons upon the | 10 | | highway;
| 11 | | 13. not have, through the unlawful operation of a motor
| 12 | | vehicle, caused an accident resulting in the death of any | 13 | | person; and
| 14 | | 14. not have, within the last 5 years, been adjudged to | 15 | | be
afflicted with or suffering from any mental disability | 16 | | or disease ; and .
| 17 | | 15. consent, in writing, to the release of results of | 18 | | reasonable suspicion drug and alcohol testing under | 19 | | Section 6-106.1c of this Code by the employer of the | 20 | | applicant to the Secretary of State. | 21 | | (b) A school bus driver permit shall be valid for a period | 22 | | specified by
the Secretary of State as set forth by rule. It | 23 | | shall be renewable upon compliance with subsection (a) of this
| 24 | | Section.
| 25 | | (c) A school bus driver permit shall contain the holder's | 26 | | driver's
license number, legal name, residence address, zip |
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| 1 | | code, social
security number and date
of birth, a brief | 2 | | description of the holder and a space for signature. The
| 3 | | Secretary of State may require a suitable photograph of the | 4 | | holder.
| 5 | | (d) The employer shall be responsible for conducting a | 6 | | pre-employment
interview with prospective school bus driver | 7 | | candidates, distributing school
bus driver applications and | 8 | | medical forms to be completed by the applicant, and
submitting | 9 | | the applicant's fingerprint cards to the Department of State | 10 | | Police
that are required for the criminal background | 11 | | investigations. The employer
shall certify in writing to the | 12 | | Secretary of State that all pre-employment
conditions have been | 13 | | successfully completed including the successful completion
of | 14 | | an Illinois specific criminal background investigation through | 15 | | the
Department of State Police and the submission of necessary
| 16 | | fingerprints to the Federal Bureau of Investigation for | 17 | | criminal
history information available through the Federal | 18 | | Bureau of
Investigation system. The applicant shall present the
| 19 | | certification to the Secretary of State at the time of | 20 | | submitting
the school bus driver permit application.
| 21 | | (e) Permits shall initially be provisional upon receiving
| 22 | | certification from the employer that all pre-employment | 23 | | conditions
have been successfully completed, and upon | 24 | | successful completion of
all training and examination | 25 | | requirements for the classification of
the vehicle to be | 26 | | operated, the Secretary of State shall
provisionally issue a |
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| 1 | | School Bus Driver Permit. The permit shall
remain in a | 2 | | provisional status pending the completion of the
Federal Bureau | 3 | | of Investigation's criminal background investigation based
| 4 | | upon fingerprinting specimens submitted to the Federal Bureau | 5 | | of
Investigation by the Department of State Police. The Federal | 6 | | Bureau of
Investigation shall report the findings directly to | 7 | | the Secretary
of State. The Secretary of State shall remove the | 8 | | bus driver
permit from provisional status upon the applicant's | 9 | | successful
completion of the Federal Bureau of Investigation's | 10 | | criminal
background investigation.
| 11 | | (f) A school bus driver permit holder shall notify the
| 12 | | employer and the Secretary of State if he or she is convicted | 13 | | in
another state of an offense that would make him or her | 14 | | ineligible
for a permit under subsection (a) of this Section. | 15 | | The
written notification shall be made within 5 days of the | 16 | | entry of
the conviction. Failure of the permit holder to | 17 | | provide the
notification is punishable as a petty
offense for a | 18 | | first violation and a Class B misdemeanor for a
second or | 19 | | subsequent violation.
| 20 | | (g) Cancellation; suspension; notice and procedure.
| 21 | | (1) The Secretary of State shall cancel a school bus
| 22 | | driver permit of an applicant whose criminal background | 23 | | investigation
discloses that he or she is not in compliance | 24 | | with the provisions of subsection
(a) of this Section.
| 25 | | (2) The Secretary of State shall cancel a school
bus | 26 | | driver permit when he or she receives notice that the |
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| 1 | | permit holder fails
to comply with any provision of this | 2 | | Section or any rule promulgated for the
administration of | 3 | | this Section.
| 4 | | (3) The Secretary of State shall cancel a school bus
| 5 | | driver permit if the permit holder's restricted commercial | 6 | | or
commercial driving privileges are withdrawn or | 7 | | otherwise
invalidated.
| 8 | | (4) The Secretary of State may not issue a school bus
| 9 | | driver permit for a period of 3 years to an applicant who | 10 | | fails to
obtain a negative result on a drug test as | 11 | | required in item 6 of
subsection (a) of this Section or | 12 | | under federal law.
| 13 | | (5) The Secretary of State shall forthwith suspend
a | 14 | | school bus driver permit for a period of 3 years upon | 15 | | receiving
notice that the holder has failed to obtain a | 16 | | negative result on a
drug test as required in item 6 of | 17 | | subsection (a) of this Section
or under federal law.
| 18 | | (6) The Secretary of State shall suspend a school bus | 19 | | driver permit for a period of 3 years upon receiving notice | 20 | | from the employer that the holder failed to perform the | 21 | | inspection procedure set forth in subsection (a) or (b) of | 22 | | Section 12-816 of this Code. | 23 | | (7) The Secretary of State shall suspend a school bus | 24 | | driver permit for a period of 3 years upon receiving notice | 25 | | from the employer that the holder refused to submit to an | 26 | | alcohol or drug test as required by Section 6-106.1c or has |
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| 1 | | submitted to a test required by that Section which | 2 | | disclosed an alcohol concentration of more than 0.00 or | 3 | | disclosed a positive result on a National Institute on Drug | 4 | | Abuse five-drug panel, utilizing federal standards set | 5 | | forth in 49 CFR 40.87. | 6 | | The Secretary of State shall notify the State | 7 | | Superintendent
of Education and the permit holder's | 8 | | prospective or current
employer that the applicant has (1) has | 9 | | failed a criminal
background investigation or (2) is no
longer | 10 | | eligible for a school bus driver permit; and of the related
| 11 | | cancellation of the applicant's provisional school bus driver | 12 | | permit. The
cancellation shall remain in effect pending the | 13 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 14 | | The scope of the
hearing shall be limited to the issuance | 15 | | criteria contained in
subsection (a) of this Section. A | 16 | | petition requesting a
hearing shall be submitted to the | 17 | | Secretary of State and shall
contain the reason the individual | 18 | | feels he or she is entitled to a
school bus driver permit. The | 19 | | permit holder's
employer shall notify in writing to the | 20 | | Secretary of State
that the employer has certified the removal | 21 | | of the offending school
bus driver from service prior to the | 22 | | start of that school bus
driver's next workshift. An employing | 23 | | school board that fails to
remove the offending school bus | 24 | | driver from service is
subject to the penalties defined in | 25 | | Section 3-14.23 of the School Code. A
school bus
contractor who | 26 | | violates a provision of this Section is
subject to the |
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| 1 | | penalties defined in Section 6-106.11.
| 2 | | All valid school bus driver permits issued under this | 3 | | Section
prior to January 1, 1995, shall remain effective until | 4 | | their
expiration date unless otherwise invalidated.
| 5 | | (h) When a school bus driver permit holder who is a service | 6 | | member is called to active duty, the employer of the permit | 7 | | holder shall notify the Secretary of State, within 30 days of | 8 | | notification from the permit holder, that the permit holder has | 9 | | been called to active duty. Upon notification pursuant to this | 10 | | subsection, (i) the Secretary of State shall characterize the | 11 | | permit as inactive until a permit holder renews the permit as | 12 | | provided in subsection (i) of this Section, and (ii) if a | 13 | | permit holder fails to comply with the requirements of this | 14 | | Section while called to active duty, the Secretary of State | 15 | | shall not characterize the permit as invalid. | 16 | | (i) A school bus driver permit holder who is a service | 17 | | member returning from active duty must, within 90 days, renew a | 18 | | permit characterized as inactive pursuant to subsection (h) of | 19 | | this Section by complying with the renewal requirements of | 20 | | subsection (b) of this Section. | 21 | | (j) For purposes of subsections (h) and (i) of this | 22 | | Section: | 23 | | "Active duty" means active duty pursuant to an executive | 24 | | order of the President of the United States, an act of the | 25 | | Congress of the United States, or an order of the Governor. | 26 | | "Service member" means a member of the Armed Services or |
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| 1 | | reserve forces of the United States or a member of the Illinois | 2 | | National Guard. | 3 | | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | 4 | | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | 5 | | 7-22-10; revised 9-2-10.)
| 6 | | (625 ILCS 5/6-106.1c new) | 7 | | Sec. 6-106.1c. Reasonable suspicion drug and alcohol | 8 | | testing of school bus driver permit holders. | 9 | | (a) An employer of a school bus driver permit holder who | 10 | | holds a commercial driver's license and who works for the | 11 | | employer as a school bus driver and is therefore subject to 49 | 12 | | CFR 382.307 shall notify the Secretary of State, in a manner | 13 | | and form prescribed by the Secretary, of the result of a | 14 | | reasonable suspicion test when: (i) the test indicates an | 15 | | alcohol concentration greater than 0.00; (ii) the test | 16 | | indicates a positive result on a National Institute on Drug | 17 | | Abuse five-drug panel utilizing the federal standards set forth | 18 | | in 49 CFR 40.87; or (iii) when a driver refuses testing. The | 19 | | notification to the Secretary must be submitted within 48 hours | 20 | | of the refusal of testing or the employer's receipt of the test | 21 | | results. | 22 | | (b) Employers of school bus driver permit holders who do | 23 | | not hold commercial driver's licenses and school bus driver | 24 | | permit holders who do not hold commercial driver's licenses are | 25 | | hereby made subject to 49 CFR 382.307 regarding reasonable |
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| 1 | | suspicion testing, which must be done in conformance with 49 | 2 | | CFR Parts 40 and 382, except that the test results shall not be | 3 | | reported to the employer utilizing the Federal Drug Testing | 4 | | Custody and Control Form or the U.S. Department of | 5 | | Transportation Alcohol Testing Form, but shall be reported to | 6 | | the employer in a manner and form approved by the Secretary. | 7 | | The employer shall notify the Secretary, in a manner and form | 8 | | prescribed by the Secretary, of the result of a reasonable | 9 | | suspicion test when: (i) the test indicates an alcohol | 10 | | concentration greater than 0.00; (ii) the test indicates a | 11 | | positive result on a National Institute on Drug Abuse five-drug | 12 | | panel utilizing the federal standards set forth in 49 CFR | 13 | | 40.87; or (iii) when a driver refuses testing. The notification | 14 | | to the Secretary must be submitted within 48 hours of the | 15 | | refusal of testing or the employer's receipt of the test | 16 | | results. | 17 | | (c) The Secretary of State may adopt rules to implement | 18 | | this Section. | 19 | | (d) The cost of a reasonable suspicion test shall be the | 20 | | responsibility of the employer, unless otherwise provided by | 21 | | contract or a collective bargaining agreement.
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2012.
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