Full Text of HB4194 096th General Assembly
HB4194 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4194
Introduced 2/27/2009, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/3-14.23 |
from Ch. 122, par. 3-14.23 |
625 ILCS 5/6-106.1 |
from Ch. 95 1/2, par. 6-106.1 |
30 ILCS 805/8.33 new |
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Amends the School Code and the Illinois Vehicle Code. Provides that school bus drivers must complete a semiannual (rather than annual) refresher course to maintain a valid school bus driver permit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4194 |
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LRB096 03212 AJT 22164 b |
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| AN ACT concerning school bus drivers.
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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 School Code is amended by changing Section | 5 |
| 3-14.23 as follows:
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| (105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
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| Sec. 3-14.23. School bus driver permits.
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| (a) To conduct courses
of instruction for school bus | 9 |
| drivers pursuant to the standards
established by the Secretary | 10 |
| of State under Section 6-106.1 of the
Illinois Vehicle Code and | 11 |
| to charge a fee based upon the cost of
providing such courses | 12 |
| of up to $4 per person for the initial
classroom course in | 13 |
| school bus driver safety and of up to $4 per
person for the | 14 |
| semiannual annual refresher course. The State Board of | 15 |
| Education shall
annually request such additional appropriation | 16 |
| as may be necessary to ensure
that adequate and sufficient | 17 |
| training is provided to all school bus drivers in
Illinois. | 18 |
| This appropriation shall be used to supplement, not supplant,
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| programs conducted using fees received from applicants for | 20 |
| school bus driver
permits.
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| (b) To conduct such investigations
as may be necessary to | 22 |
| insure that all persons hired to operate school buses
have | 23 |
| valid school bus driver permits as required under Sections |
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LRB096 03212 AJT 22164 b |
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| 6-104 and
6-106.1 of "The Illinois Vehicle Code". If a regional | 2 |
| superintendent finds
evidence of non-compliance with this | 3 |
| requirement, he shall submit such
evidence together with his | 4 |
| recommendations in writing to the school board.
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| If the regional superintendent finds evidence of | 6 |
| noncompliance with the
requirement that all persons employed | 7 |
| directly by the school board to operate
school buses have valid | 8 |
| school bus driver permits as required under Sections
6-104 and | 9 |
| 6-106.1 of "The Illinois Vehicle Code", the regional | 10 |
| superintendent
shall schedule a hearing on a date not less than | 11 |
| 5 days nor more than 10
days after notifying the district of | 12 |
| his findings. If based on the
evidence presented at the hearing | 13 |
| the regional superintendent finds that
persons employed | 14 |
| directly by the school board to operate school buses do not
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| have
valid school bus driver permits as required under Sections | 16 |
| 6-104 and 6-106.1
of "The Illinois Vehicle Code", the regional | 17 |
| superintendent shall submit
such evidence and his findings | 18 |
| together with his recommendations to the
State Superintendent | 19 |
| of Education. The State Superintendent of Education
may reduce | 20 |
| the district's claim for reimbursement under Sections
29-5 and | 21 |
| 14-13.01 for transportation by 1.136% for each day of
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| noncompliance.
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| If a school board finds evidence of noncompliance with the | 24 |
| requirement
that all persons employed by a contractor to | 25 |
| operate school buses have valid
school bus driver permits as | 26 |
| required under Sections 6-104 and 6-106.1 of
"The Illinois |
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| Vehicle Code", the school board shall request a hearing before
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| the regional superintendent. The regional superintendent shall | 3 |
| schedule
a hearing on a date not less than 5 days nor more than | 4 |
| 10 days after receiving
the request. If based on the evidence | 5 |
| presented at the hearing the regional
superintendent finds that | 6 |
| persons employed by a contractor to operate school
buses do not | 7 |
| have valid school bus driver permits as required under Sections
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| 6-104 and 6-106.1 of "The Illinois Vehicle Code", the school | 9 |
| board's financial
obligations under the contract shall be | 10 |
| reduced by an amount equal to
1.136% for
each day of | 11 |
| noncompliance. The findings of the regional superintendent and
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| the relief provided herein shall not impair the obligations of | 13 |
| the contractor
to continue to provide transportation services | 14 |
| in accordance with the terms
of the contract.
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| The provisions of the Administrative Review Law, and all | 16 |
| amendments and
modifications thereof and the rules adopted | 17 |
| pursuant thereto shall apply
to and govern all proceedings | 18 |
| instituted for judicial review of final
administrative | 19 |
| decisions of the regional superintendent under this Section.
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| (Source: P.A. 90-811, eff. 1-26-99.)
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| Section 10. The Illinois Vehicle Code is amended by | 22 |
| changing Section 6-106.1 as follows: | 23 |
| (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | 24 |
| 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 | 3 |
| the
application and screening process under this Section to | 4 |
| insure the
welfare and safety of children who are transported | 5 |
| on school buses
throughout the State of Illinois. Applicants | 6 |
| shall obtain the
proper application required by the Secretary | 7 |
| of State from their
prospective or current employer and submit | 8 |
| the completed
application to the prospective or current | 9 |
| employer along
with the necessary fingerprint submission as | 10 |
| required by the
Department of
State Police to conduct | 11 |
| fingerprint based criminal background
checks on current and | 12 |
| future information available in the state
system and current | 13 |
| information available through the Federal Bureau
of | 14 |
| 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 semiannual | 18 |
| annual refresher
course. Individuals who on the effective date | 19 |
| of this Act possess a valid
school bus driver permit that has | 20 |
| been previously issued by the appropriate
Regional School | 21 |
| Superintendent are not subject to the fingerprinting
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| provisions of this Section as long as the permit remains valid | 23 |
| and does not
lapse. The applicant shall be required to pay all | 24 |
| related
application and fingerprinting fees as established by | 25 |
| rule
including, but not limited to, the amounts established by | 26 |
| the Department of
State Police and the Federal Bureau of |
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| Investigation to process
fingerprint based criminal background | 2 |
| investigations. All fees paid for
fingerprint processing | 3 |
| services under this Section shall be deposited into the
State | 4 |
| Police Services Fund for the cost incurred in processing the | 5 |
| fingerprint
based criminal background investigations. All | 6 |
| other fees paid under this
Section shall be deposited into the | 7 |
| Road
Fund for the purpose of defraying the costs of the | 8 |
| Secretary of State in
administering this Section. All | 9 |
| 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 | 12 |
| 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 | 15 |
| prior to
the date of application, or have not had his or | 16 |
| her commercial motor vehicle
driving privileges
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| disqualified within the 3 years immediately prior to the | 18 |
| date of application;
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| 4. successfully pass a written test, administered by | 20 |
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Secretary of State, on school bus operation, school bus | 21 |
| safety, and
special traffic laws relating to school buses | 22 |
| and submit to a review
of the applicant's driving habits by | 23 |
| the Secretary of State at the time the
written test is | 24 |
| given;
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| 5. demonstrate ability to exercise reasonable care in | 26 |
| 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 | 3 |
| buses by
submitting the results of a medical examination, | 4 |
| including tests for drug
use for each applicant not subject | 5 |
| to such testing pursuant to
federal law, conducted by a | 6 |
| licensed physician, an advanced practice nurse
who has a | 7 |
| written collaborative agreement with
a collaborating | 8 |
| physician which authorizes him or her to perform medical
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| examinations, or a physician assistant who has been | 10 |
| delegated the
performance of medical examinations by his or | 11 |
| her supervising physician
within 90 days of the date
of | 12 |
| application according to standards promulgated by the | 13 |
| Secretary of State;
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| 7. affirm under penalties of perjury that he or she has | 15 |
| not made a
false statement or knowingly concealed a | 16 |
| material fact
in any application for permit;
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| 8. have completed an initial classroom course, | 18 |
| including first aid
procedures, in school bus driver safety | 19 |
| as promulgated by the Secretary of
State; and after | 20 |
| satisfactory completion of said initial course a | 21 |
| semiannual an annual
refresher course; such courses and the | 22 |
| agency or organization conducting such
courses shall be | 23 |
| approved by the Secretary of State; failure to
complete the | 24 |
| semiannual annual refresher course , shall result in
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| cancellation of the 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 | 2 |
| date of application that may
endanger the life or safety of | 3 |
| any of the driver's passengers within the
duration of the | 4 |
| permit period;
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| 10. not have been convicted of reckless driving, | 6 |
| driving while
intoxicated, or reckless homicide resulting | 7 |
| from the operation of a motor
vehicle within 3 years of the | 8 |
| 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) | 11 |
| those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | 12 |
| 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | 13 |
| 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | 14 |
| 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 15 |
| 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, | 18 |
| 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | 19 |
| 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 | 21 |
| (1), of Section
12-4 of the Criminal Code of 1961; (ii) | 22 |
| those offenses defined in the
Cannabis Control Act except | 23 |
| those offenses defined in subsections (a) and
(b) of | 24 |
| Section 4, and subsection (a) of Section 5 of the Cannabis | 25 |
| Control
Act; (iii) those offenses defined in the Illinois | 26 |
| Controlled Substances
Act; (iv) those offenses defined in |
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| the Methamphetamine Control and Community Protection Act; | 2 |
| (v) any offense committed or attempted in any other state | 3 |
| or against
the laws of the United States, which if | 4 |
| committed or attempted in this
State would be punishable as | 5 |
| one or more of the foregoing offenses; (vi)
the offenses | 6 |
| defined in Section 4.1 and 5.1 of the Wrongs to Children | 7 |
| Act and (vii) those offenses defined in Section 6-16 of the | 8 |
| Liquor Control Act of
1934;
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| 12. not have been repeatedly involved as a driver in | 10 |
| motor vehicle
collisions or been repeatedly convicted of | 11 |
| offenses against
laws and ordinances regulating the | 12 |
| movement of traffic, to a degree which
indicates lack of | 13 |
| ability to exercise ordinary and reasonable care in the
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| safe operation of a motor vehicle or disrespect for the | 15 |
| traffic laws and
the safety of other persons upon the | 16 |
| 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 | 19 |
| person; and
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| 14. not have, within the last 5 years, been adjudged to | 21 |
| be
afflicted with or suffering from any mental disability | 22 |
| or disease.
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| (b) A school bus driver permit shall be valid for a period | 24 |
| specified by
the Secretary of State as set forth by rule. It | 25 |
| shall be renewable upon compliance with subsection (a) of this
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| Section.
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LRB096 03212 AJT 22164 b |
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| (c) A school bus driver permit shall contain the holder's | 2 |
| driver's
license number, legal name, residence address, zip | 3 |
| code, social
security number and date
of birth, a brief | 4 |
| description of the holder and a space for signature. The
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| Secretary of State may require a suitable photograph of the | 6 |
| holder.
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| (d) The employer shall be responsible for conducting a | 8 |
| pre-employment
interview with prospective school bus driver | 9 |
| candidates, distributing school
bus driver applications and | 10 |
| medical forms to be completed by the applicant, and
submitting | 11 |
| the applicant's fingerprint cards to the Department of State | 12 |
| Police
that are required for the criminal background | 13 |
| investigations. The employer
shall certify in writing to the | 14 |
| Secretary of State that all pre-employment
conditions have been | 15 |
| successfully completed including the successful completion
of | 16 |
| an Illinois specific criminal background investigation through | 17 |
| the
Department of State Police and the submission of necessary
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| fingerprints to the Federal Bureau of Investigation for | 19 |
| criminal
history information available through the Federal | 20 |
| Bureau of
Investigation system. The applicant shall present the
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| certification to the Secretary of State at the time of | 22 |
| 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 | 25 |
| conditions
have been successfully completed, and upon | 26 |
| successful completion of
all training and examination |
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| requirements for the classification of
the vehicle to be | 2 |
| operated, the Secretary of State shall
provisionally issue a | 3 |
| School Bus Driver Permit. The permit shall
remain in a | 4 |
| provisional status pending the completion of the
Federal Bureau | 5 |
| of Investigation's criminal background investigation based
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| upon fingerprinting specimens submitted to the Federal Bureau | 7 |
| of
Investigation by the Department of State Police. The Federal | 8 |
| Bureau of
Investigation shall report the findings directly to | 9 |
| the Secretary
of State. The Secretary of State shall remove the | 10 |
| bus driver
permit from provisional status upon the applicant's | 11 |
| successful
completion of the Federal Bureau of Investigation's | 12 |
| 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 | 15 |
| in
another state of an offense that would make him or her | 16 |
| ineligible
for a permit under subsection (a) of this Section. | 17 |
| The
written notification shall be made within 5 days of the | 18 |
| entry of
the conviction. Failure of the permit holder to | 19 |
| provide the
notification is punishable as a petty
offense for a | 20 |
| first violation and a Class B misdemeanor for a
second or | 21 |
| 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 | 25 |
| investigation
discloses that he or she is not in compliance | 26 |
| with the provisions of subsection
(a) of this Section.
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| (2) The Secretary of State shall cancel a school
bus | 2 |
| driver permit when he or she receives notice that the | 3 |
| permit holder fails
to comply with any provision of this | 4 |
| Section or any rule promulgated for the
administration of | 5 |
| 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 | 8 |
| or
commercial driving privileges are withdrawn or | 9 |
| 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 | 12 |
| fails to
obtain a negative result on a drug test as | 13 |
| required in item 6 of
subsection (a) of this Section or | 14 |
| under federal law.
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| (5) The Secretary of State shall forthwith suspend
a | 16 |
| school bus driver permit for a period of 3 years upon | 17 |
| receiving
notice that the holder has failed to obtain a | 18 |
| negative result on a
drug test as required in item 6 of | 19 |
| subsection (a) of this Section
or under federal law.
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| The Secretary of State shall notify the State | 21 |
| Superintendent
of Education and the permit holder's | 22 |
| prospective or current
employer that the applicant has (1) has | 23 |
| failed a criminal
background investigation or (2) is no
longer | 24 |
| eligible for a school bus driver permit; and of the related
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| cancellation of the applicant's provisional school bus driver | 26 |
| 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. | 2 |
| The scope of the
hearing shall be limited to the issuance | 3 |
| criteria contained in
subsection (a) of this Section. A | 4 |
| petition requesting a
hearing shall be submitted to the | 5 |
| Secretary of State and shall
contain the reason the individual | 6 |
| feels he or she is entitled to a
school bus driver permit. The | 7 |
| permit holder's
employer shall notify in writing to the | 8 |
| Secretary of State
that the employer has certified the removal | 9 |
| of the offending school
bus driver from service prior to the | 10 |
| start of that school bus
driver's next workshift. An employing | 11 |
| school board that fails to
remove the offending school bus | 12 |
| driver from service is
subject to the penalties defined in | 13 |
| Section 3-14.23 of the School Code. A
school bus
contractor who | 14 |
| violates a provision of this Section is
subject to the | 15 |
| penalties defined in Section 6-106.11.
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| All valid school bus driver permits issued under this | 17 |
| Section
prior to January 1, 1995, shall remain effective until | 18 |
| their
expiration date unless otherwise invalidated.
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| (Source: P.A. 93-895, eff. 1-1-05; 94-556, eff. 9-11-05.)
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| Section 90. The State Mandates Act is amended by adding | 21 |
| Section 8.33 as follows: | 22 |
| (30 ILCS 805/8.33 new) | 23 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 24 |
| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of | 2 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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