Full Text of HB2871 098th General Assembly
HB2871 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2871 Introduced , by Rep. Brad E. Halbrook SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that an applicant for a school bus driver permit must have no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.
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| | A BILL FOR |
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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 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 | | 6.5. have no established medical history or clinical | 25 | | diagnosis of diabetes mellitus currently requiring insulin | 26 | | for control; |
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| 1 | | 7. affirm under penalties of perjury that he or she has | 2 | | not made a
false statement or knowingly concealed a | 3 | | material fact
in any application for permit;
| 4 | | 8. have completed an initial classroom course, | 5 | | including first aid
procedures, in school bus driver safety | 6 | | as promulgated by the Secretary of
State; and after | 7 | | satisfactory completion of said initial course an annual
| 8 | | refresher course; such courses and the agency or | 9 | | organization conducting such
courses shall be approved by | 10 | | the Secretary of State; failure to
complete the annual | 11 | | refresher course, shall result in
cancellation of the | 12 | | permit until such course is completed;
| 13 | | 9. not have been under an order of court supervision | 14 | | for or convicted of 2 or more serious traffic offenses, as
| 15 | | defined by rule, within one year prior to the date of | 16 | | application that may
endanger the life or safety of any of | 17 | | the driver's passengers within the
duration of the permit | 18 | | period;
| 19 | | 10. not have been under an order of court supervision | 20 | | for or convicted of reckless driving, aggravated reckless | 21 | | driving, driving while under the influence of alcohol, | 22 | | other drug or drugs, intoxicating compound or compounds or | 23 | | any combination thereof, or reckless homicide resulting | 24 | | from the operation of a motor
vehicle within 3 years of the | 25 | | date of application;
| 26 | | 11. not have been convicted of committing or attempting
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| 1 | | to commit any
one or more of the following offenses: (i) | 2 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | 3 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | 4 | | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | 5 | | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | 6 | | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | 7 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | 8 | | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | 9 | | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | 10 | | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 11 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | 12 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 13 | | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | 14 | | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| 15 | | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 16 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | 17 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | 18 | | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | 19 | | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | 20 | | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | 21 | | in subsection (a) and subsection (b), clause (1), of | 22 | | Section
12-4, and in subsection (A), clauses (a) and (b), | 23 | | of Section 24-3, and those offenses contained in Article | 24 | | 29D of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012; (ii) those offenses defined in the
Cannabis Control | 26 | | Act except those offenses defined in subsections (a) and
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| 1 | | (b) of Section 4, and subsection (a) of Section 5 of the | 2 | | Cannabis Control
Act; (iii) those offenses defined in the | 3 | | Illinois Controlled Substances
Act; (iv) those offenses | 4 | | defined in the Methamphetamine Control and Community | 5 | | Protection Act; (v) any offense committed or attempted in | 6 | | any other state or against
the laws of the United States, | 7 | | which if committed or attempted in this
State would be | 8 | | punishable as one or more of the foregoing offenses; (vi)
| 9 | | the offenses defined in Section 4.1 and 5.1 of the Wrongs | 10 | | to Children Act or Section 11-9.1A of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012; (vii) those offenses | 12 | | defined in Section 6-16 of the Liquor Control Act of
1934;
| 13 | | and (viii) those offenses defined in the Methamphetamine | 14 | | Precursor Control Act;
| 15 | | 12. not have been repeatedly involved as a driver in | 16 | | motor vehicle
collisions or been repeatedly convicted of | 17 | | offenses against
laws and ordinances regulating the | 18 | | movement of traffic, to a degree which
indicates lack of | 19 | | ability to exercise ordinary and reasonable care in the
| 20 | | safe operation of a motor vehicle or disrespect for the | 21 | | traffic laws and
the safety of other persons upon the | 22 | | highway;
| 23 | | 13. not have, through the unlawful operation of a motor
| 24 | | vehicle, caused an accident resulting in the death of any | 25 | | person;
| 26 | | 14. not have, within the last 5 years, been adjudged to |
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| 1 | | be
afflicted with or suffering from any mental disability | 2 | | or disease; and
| 3 | | 15. consent, in writing, to the release of results of | 4 | | reasonable suspicion drug and alcohol testing under | 5 | | Section 6-106.1c of this Code by the employer of the | 6 | | applicant to the Secretary of State. | 7 | | (b) A school bus driver permit shall be valid for a period | 8 | | specified by
the Secretary of State as set forth by rule. It | 9 | | shall be renewable upon compliance with subsection (a) of this
| 10 | | Section.
| 11 | | (c) A school bus driver permit shall contain the holder's | 12 | | driver's
license number, legal name, residence address, zip | 13 | | code, and date
of birth, a brief description of the holder and | 14 | | a space for signature. The
Secretary of State may require a | 15 | | suitable photograph of the holder.
| 16 | | (d) The employer shall be responsible for conducting a | 17 | | pre-employment
interview with prospective school bus driver | 18 | | candidates, distributing school
bus driver applications and | 19 | | medical forms to be completed by the applicant, and
submitting | 20 | | the applicant's fingerprint cards to the Department of State | 21 | | Police
that are required for the criminal background | 22 | | investigations. The employer
shall certify in writing to the | 23 | | Secretary of State that all pre-employment
conditions have been | 24 | | successfully completed including the successful completion
of | 25 | | an Illinois specific criminal background investigation through | 26 | | the
Department of State Police and the submission of necessary
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| 1 | | fingerprints to the Federal Bureau of Investigation for | 2 | | criminal
history information available through the Federal | 3 | | Bureau of
Investigation system. The applicant shall present the
| 4 | | certification to the Secretary of State at the time of | 5 | | submitting
the school bus driver permit application.
| 6 | | (e) Permits shall initially be provisional upon receiving
| 7 | | certification from the employer that all pre-employment | 8 | | conditions
have been successfully completed, and upon | 9 | | successful completion of
all training and examination | 10 | | requirements for the classification of
the vehicle to be | 11 | | operated, the Secretary of State shall
provisionally issue a | 12 | | School Bus Driver Permit. The permit shall
remain in a | 13 | | provisional status pending the completion of the
Federal Bureau | 14 | | of Investigation's criminal background investigation based
| 15 | | upon fingerprinting specimens submitted to the Federal Bureau | 16 | | of
Investigation by the Department of State Police. The Federal | 17 | | Bureau of
Investigation shall report the findings directly to | 18 | | the Secretary
of State. The Secretary of State shall remove the | 19 | | bus driver
permit from provisional status upon the applicant's | 20 | | successful
completion of the Federal Bureau of Investigation's | 21 | | criminal
background investigation.
| 22 | | (f) A school bus driver permit holder shall notify the
| 23 | | employer and the Secretary of State if he or she is issued an | 24 | | order of court supervision for or convicted in
another state of | 25 | | an offense that would make him or her ineligible
for a permit | 26 | | under subsection (a) of this Section. The
written notification |
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| 1 | | shall be made within 5 days of the entry of
the order of court | 2 | | supervision or conviction. Failure of the permit holder to | 3 | | provide the
notification is punishable as a petty
offense for a | 4 | | first violation and a Class B misdemeanor for a
second or | 5 | | subsequent violation.
| 6 | | (g) Cancellation; suspension; notice and procedure.
| 7 | | (1) The Secretary of State shall cancel a school bus
| 8 | | driver permit of an applicant whose criminal background | 9 | | investigation
discloses that he or she is not in compliance | 10 | | with the provisions of subsection
(a) of this Section.
| 11 | | (2) The Secretary of State shall cancel a school
bus | 12 | | driver permit when he or she receives notice that the | 13 | | permit holder fails
to comply with any provision of this | 14 | | Section or any rule promulgated for the
administration of | 15 | | this Section.
| 16 | | (3) The Secretary of State shall cancel a school bus
| 17 | | driver permit if the permit holder's restricted commercial | 18 | | or
commercial driving privileges are withdrawn or | 19 | | otherwise
invalidated.
| 20 | | (4) The Secretary of State may not issue a school bus
| 21 | | driver permit for a period of 3 years to an applicant who | 22 | | fails to
obtain a negative result on a drug test as | 23 | | required in item 6 of
subsection (a) of this Section or | 24 | | under federal law.
| 25 | | (5) The Secretary of State shall forthwith suspend
a | 26 | | school bus driver permit for a period of 3 years upon |
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| 1 | | receiving
notice that the holder has failed to obtain a | 2 | | negative result on a
drug test as required in item 6 of | 3 | | subsection (a) of this Section
or under federal law.
| 4 | | (6) The Secretary of State shall suspend a school bus | 5 | | driver permit for a period of 3 years upon receiving notice | 6 | | from the employer that the holder failed to perform the | 7 | | inspection procedure set forth in subsection (a) or (b) of | 8 | | Section 12-816 of this Code. | 9 | | (7) The Secretary of State shall suspend a school bus | 10 | | driver permit for a period of 3 years upon receiving notice | 11 | | from the employer that the holder refused to submit to an | 12 | | alcohol or drug test as required by Section 6-106.1c or has | 13 | | submitted to a test required by that Section which | 14 | | disclosed an alcohol concentration of more than 0.00 or | 15 | | disclosed a positive result on a National Institute on Drug | 16 | | Abuse five-drug panel, utilizing federal standards set | 17 | | forth in 49 CFR 40.87. | 18 | | The Secretary of State shall notify the State | 19 | | Superintendent
of Education and the permit holder's | 20 | | prospective or current
employer that the applicant has (1) has | 21 | | failed a criminal
background investigation or (2) is no
longer | 22 | | eligible for a school bus driver permit; and of the related
| 23 | | cancellation of the applicant's provisional school bus driver | 24 | | permit. The
cancellation shall remain in effect pending the | 25 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 26 | | The scope of the
hearing shall be limited to the issuance |
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| 1 | | criteria contained in
subsection (a) of this Section. A | 2 | | petition requesting a
hearing shall be submitted to the | 3 | | Secretary of State and shall
contain the reason the individual | 4 | | feels he or she is entitled to a
school bus driver permit. The | 5 | | permit holder's
employer shall notify in writing to the | 6 | | Secretary of State
that the employer has certified the removal | 7 | | of the offending school
bus driver from service prior to the | 8 | | start of that school bus
driver's next workshift. An employing | 9 | | school board that fails to
remove the offending school bus | 10 | | driver from service is
subject to the penalties defined in | 11 | | Section 3-14.23 of the School Code. A
school bus
contractor who | 12 | | violates a provision of this Section is
subject to the | 13 | | penalties defined in Section 6-106.11.
| 14 | | All valid school bus driver permits issued under this | 15 | | Section
prior to January 1, 1995, shall remain effective until | 16 | | their
expiration date unless otherwise invalidated.
| 17 | | (h) When a school bus driver permit holder who is a service | 18 | | member is called to active duty, the employer of the permit | 19 | | holder shall notify the Secretary of State, within 30 days of | 20 | | notification from the permit holder, that the permit holder has | 21 | | been called to active duty. Upon notification pursuant to this | 22 | | subsection, (i) the Secretary of State shall characterize the | 23 | | permit as inactive until a permit holder renews the permit as | 24 | | provided in subsection (i) of this Section, and (ii) if a | 25 | | permit holder fails to comply with the requirements of this | 26 | | Section while called to active duty, the Secretary of State |
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| 1 | | shall not characterize the permit as invalid. | 2 | | (i) A school bus driver permit holder who is a service | 3 | | member returning from active duty must, within 90 days, renew a | 4 | | permit characterized as inactive pursuant to subsection (h) of | 5 | | this Section by complying with the renewal requirements of | 6 | | subsection (b) of this Section. | 7 | | (j) For purposes of subsections (h) and (i) of this | 8 | | Section: | 9 | | "Active duty" means active duty pursuant to an executive | 10 | | order of the President of the United States, an act of the | 11 | | Congress of the United States, or an order of the Governor. | 12 | | "Service member" means a member of the Armed Services or | 13 | | reserve forces of the United States or a member of the Illinois | 14 | | National Guard. | 15 | | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | 16 | | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | 17 | | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | 18 | | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | 19 | | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | 20 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | 21 | | eff. 1-25-13.)
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