Full Text of HB4334 100th General Assembly
HB4334 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4334 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that an applicant for a school bus driver permit who is unable to submit fingerprints due to a condition that has removed his or her fingerprints shall submit to a non-fingerprint based criminal background check. Provides that non-fingerprint based criminal background checks shall be conducted through a search of the Illinois State Police's computerized criminal history record files using identifiers such as the name, sex, race, and date of birth of the applicant. Makes conforming changes.
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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) (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. An applicant who is unable to submit | 22 | | fingerprints due to a condition that has removed his or her | 23 | | fingerprints shall submit to a non-fingerprint based criminal |
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| 1 | | background check. The non-fingerprint based criminal | 2 | | background check shall result in a search of the Illinois State | 3 | | Police's computerized criminal history record files using | 4 | | identifiers such as the name, sex, race, and date of birth of | 5 | | the applicant. Applicants who have completed the
| 6 | | fingerprinting or non-fingerprinting requirements shall not be | 7 | | subjected to the
fingerprinting or non-fingerprinting process | 8 | | when applying for subsequent permits or
submitting proof of | 9 | | successful completion of the annual refresher
course. | 10 | | Individuals who on July 1, 1995 (the effective date of Public | 11 | | Act 88-612) possess a valid
school bus driver permit that has | 12 | | been previously issued by the appropriate
Regional School | 13 | | Superintendent are not subject to the fingerprinting or | 14 | | non-fingerprinting
provisions of this Section as long as the | 15 | | permit remains valid and does not
lapse. The applicant shall be | 16 | | required to pay all related
application and fingerprinting or | 17 | | non-fingerprinting fees as established by rule
including, but | 18 | | not limited to, the amounts established by the Department of
| 19 | | State Police and the Federal Bureau of Investigation to process
| 20 | | fingerprint or non-fingerprint based criminal background | 21 | | investigations. All fees paid for
fingerprint or | 22 | | non-fingerprint processing services under this Section shall | 23 | | be deposited into the
State Police Services Fund for the cost | 24 | | incurred in processing the fingerprint or non-fingerprint
| 25 | | based criminal background investigations. All other fees paid | 26 | | under this
Section shall be deposited into the Road
Fund for |
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| 1 | | the purpose of defraying the costs of the Secretary of State in
| 2 | | administering this Section. All applicants must:
| 3 | | 1. be 21 years of age or older;
| 4 | | 2. possess a valid and properly classified driver's | 5 | | license
issued by the Secretary of State;
| 6 | | 3. possess a valid driver's license, which has not been
| 7 | | revoked, suspended, or canceled for 3 years immediately | 8 | | prior to
the date of application, or have not had his or | 9 | | her commercial motor vehicle
driving privileges
| 10 | | disqualified within the 3 years immediately prior to the | 11 | | date of application;
| 12 | | 4. successfully pass a written test, administered by | 13 | | the
Secretary of State, on school bus operation, school bus | 14 | | safety, and
special traffic laws relating to school buses | 15 | | and submit to a review
of the applicant's driving habits by | 16 | | the Secretary of State at the time the
written test is | 17 | | given;
| 18 | | 5. demonstrate ability to exercise reasonable care in | 19 | | the operation of
school buses in accordance with rules | 20 | | promulgated by the Secretary of State;
| 21 | | 6. demonstrate physical fitness to operate school | 22 | | buses by
submitting the results of a medical examination, | 23 | | including tests for drug
use for each applicant not subject | 24 | | to such testing pursuant to
federal law, conducted by a | 25 | | licensed physician, a licensed advanced practice | 26 | | registered nurse, or a licensed physician assistant
within |
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| 1 | | 90 days of the date
of application according to standards | 2 | | promulgated by the Secretary of State;
| 3 | | 7. affirm under penalties of perjury that he or she has | 4 | | not made a
false statement or knowingly concealed a | 5 | | material fact
in any application for permit;
| 6 | | 8. have completed an initial classroom course, | 7 | | including first aid
procedures, in school bus driver safety | 8 | | as promulgated by the Secretary of
State; and after | 9 | | satisfactory completion of said initial course an annual
| 10 | | refresher course; such courses and the agency or | 11 | | organization conducting such
courses shall be approved by | 12 | | the Secretary of State; failure to
complete the annual | 13 | | refresher course, shall result in
cancellation of the | 14 | | permit until such course is completed;
| 15 | | 9. not have been under an order of court supervision | 16 | | for or convicted of 2 or more serious traffic offenses, as
| 17 | | defined by rule, within one year prior to the date of | 18 | | application that may
endanger the life or safety of any of | 19 | | the driver's passengers within the
duration of the permit | 20 | | period;
| 21 | | 10. not have been under an order of court supervision | 22 | | for or convicted of reckless driving, aggravated reckless | 23 | | driving, driving while under the influence of alcohol, | 24 | | other drug or drugs, intoxicating compound or compounds or | 25 | | any combination thereof, or reckless homicide resulting | 26 | | from the operation of a motor
vehicle within 3 years of the |
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| 1 | | date of application;
| 2 | | 11. not have been convicted of committing or attempting
| 3 | | to commit any
one or more of the following offenses: (i) | 4 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | 5 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | 6 | | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | 7 | | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | 8 | | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | 9 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | 10 | | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | 11 | | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | 12 | | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 13 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | 14 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 15 | | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | 16 | | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| 17 | | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 18 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | 19 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | 20 | | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | 21 | | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | 22 | | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | 23 | | in subsection (a) and subsection (b), clause (1), of | 24 | | Section
12-4, and in subsection (A), clauses (a) and (b), | 25 | | of Section 24-3, and those offenses contained in Article | 26 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
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| 1 | | 2012; (ii) those offenses defined in the
Cannabis Control | 2 | | Act except those offenses defined in subsections (a) and
| 3 | | (b) of Section 4, and subsection (a) of Section 5 of the | 4 | | Cannabis Control
Act; (iii) those offenses defined in the | 5 | | Illinois Controlled Substances
Act; (iv) those offenses | 6 | | defined in the Methamphetamine Control and Community | 7 | | Protection Act; (v) any offense committed or attempted in | 8 | | any other state or against
the laws of the United States, | 9 | | which if committed or attempted in this
State would be | 10 | | punishable as one or more of the foregoing offenses; (vi)
| 11 | | the offenses defined in Section 4.1 and 5.1 of the Wrongs | 12 | | to Children Act or Section 11-9.1A of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012; (vii) those offenses | 14 | | defined in Section 6-16 of the Liquor Control Act of
1934;
| 15 | | and (viii) those offenses defined in the Methamphetamine | 16 | | Precursor Control Act;
| 17 | | 12. not have been repeatedly involved as a driver in | 18 | | motor vehicle
collisions or been repeatedly convicted of | 19 | | offenses against
laws and ordinances regulating the | 20 | | movement of traffic, to a degree which
indicates lack of | 21 | | ability to exercise ordinary and reasonable care in the
| 22 | | safe operation of a motor vehicle or disrespect for the | 23 | | traffic laws and
the safety of other persons upon the | 24 | | highway;
| 25 | | 13. not have, through the unlawful operation of a motor
| 26 | | vehicle, caused an accident resulting in the death of any |
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| 1 | | person;
| 2 | | 14. not have, within the last 5 years, been adjudged to | 3 | | be
afflicted with or suffering from any mental disability | 4 | | or disease; and
| 5 | | 15. consent, in writing, to the release of results of | 6 | | reasonable suspicion drug and alcohol testing under | 7 | | Section 6-106.1c of this Code by the employer of the | 8 | | applicant to the Secretary of State. | 9 | | (b) A school bus driver permit shall be valid for a period | 10 | | specified by
the Secretary of State as set forth by rule. It | 11 | | shall be renewable upon compliance with subsection (a) of this
| 12 | | Section.
| 13 | | (c) A school bus driver permit shall contain the holder's | 14 | | driver's
license number, legal name, residence address, zip | 15 | | code, and date
of birth, a brief description of the holder and | 16 | | a space for signature. The
Secretary of State may require a | 17 | | suitable photograph of the holder.
| 18 | | (d) The employer shall be responsible for conducting a | 19 | | pre-employment
interview with prospective school bus driver | 20 | | candidates, distributing school
bus driver applications and | 21 | | medical forms to be completed by the applicant, and
submitting | 22 | | the applicant's fingerprint cards , if required, to the | 23 | | Department of State Police
that are required for the criminal | 24 | | background investigations. The employer
shall certify in | 25 | | writing to the Secretary of State that all pre-employment
| 26 | | conditions have been successfully completed including the |
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| 1 | | successful completion
of an Illinois specific criminal | 2 | | background investigation through the
Department of State | 3 | | Police and the submission of necessary
fingerprints to the | 4 | | Federal Bureau of Investigation for criminal
history | 5 | | information available through the Federal Bureau of
| 6 | | Investigation system , if applicable . The applicant shall | 7 | | present the
certification to the Secretary of State at the time | 8 | | of submitting
the school bus driver permit application.
| 9 | | (e) Permits shall initially be provisional upon receiving
| 10 | | certification from the employer that all pre-employment | 11 | | conditions
have been successfully completed, and upon | 12 | | successful completion of
all training and examination | 13 | | requirements for the classification of
the vehicle to be | 14 | | operated, the Secretary of State shall
provisionally issue a | 15 | | School Bus Driver Permit. The permit shall
remain in a | 16 | | provisional status pending the completion of the
Federal Bureau | 17 | | of Investigation's criminal background investigation based
| 18 | | upon fingerprinting specimens submitted to the Federal Bureau | 19 | | of
Investigation by the Department of State Police , or of a | 20 | | non-fingerprint based criminal background investigation by the | 21 | | Federal Bureau of Investigation . The Federal Bureau of
| 22 | | Investigation shall report the findings directly to the | 23 | | Secretary
of State. The Secretary of State shall remove the bus | 24 | | driver
permit from provisional status upon the applicant's | 25 | | successful
completion of the Federal Bureau of Investigation's | 26 | | criminal
background investigation.
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| 1 | | (f) A school bus driver permit holder shall notify the
| 2 | | employer and the Secretary of State if he or she is issued an | 3 | | order of court supervision for or convicted in
another state of | 4 | | an offense that would make him or her ineligible
for a permit | 5 | | under subsection (a) of this Section. The
written notification | 6 | | shall be made within 5 days of the entry of
the order of court | 7 | | supervision or conviction. Failure of the permit holder to | 8 | | provide the
notification is punishable as a petty
offense for a | 9 | | first violation and a Class B misdemeanor for a
second or | 10 | | subsequent violation.
| 11 | | (g) Cancellation; suspension; notice and procedure.
| 12 | | (1) The Secretary of State shall cancel a school bus
| 13 | | driver permit of an applicant whose criminal background | 14 | | investigation
discloses that he or she is not in compliance | 15 | | with the provisions of subsection
(a) of this Section.
| 16 | | (2) The Secretary of State shall cancel a school
bus | 17 | | driver permit when he or she receives notice that the | 18 | | permit holder fails
to comply with any provision of this | 19 | | Section or any rule promulgated for the
administration of | 20 | | this Section.
| 21 | | (3) The Secretary of State shall cancel a school bus
| 22 | | driver permit if the permit holder's restricted commercial | 23 | | or
commercial driving privileges are withdrawn or | 24 | | otherwise
invalidated.
| 25 | | (4) The Secretary of State may not issue a school bus
| 26 | | driver permit for a period of 3 years to an applicant who |
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| 1 | | fails to
obtain a negative result on a drug test as | 2 | | required in item 6 of
subsection (a) of this Section or | 3 | | under federal law.
| 4 | | (5) The Secretary of State shall forthwith suspend
a | 5 | | school bus driver permit for a period of 3 years upon | 6 | | receiving
notice that the holder has failed to obtain a | 7 | | negative result on a
drug test as required in item 6 of | 8 | | subsection (a) of this Section
or under federal law.
| 9 | | (6) 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 failed to perform the | 12 | | inspection procedure set forth in subsection (a) or (b) of | 13 | | Section 12-816 of this Code. | 14 | | (7) The Secretary of State shall suspend a school bus | 15 | | driver permit for a period of 3 years upon receiving notice | 16 | | from the employer that the holder refused to submit to an | 17 | | alcohol or drug test as required by Section 6-106.1c or has | 18 | | submitted to a test required by that Section which | 19 | | disclosed an alcohol concentration of more than 0.00 or | 20 | | disclosed a positive result on a National Institute on Drug | 21 | | Abuse five-drug panel, utilizing federal standards set | 22 | | forth in 49 CFR 40.87. | 23 | | The Secretary of State shall notify the State | 24 | | Superintendent
of Education and the permit holder's | 25 | | prospective or current
employer that the applicant has (1) has | 26 | | failed a criminal
background investigation or (2) is no
longer |
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| 1 | | eligible for a school bus driver permit; and of the related
| 2 | | cancellation of the applicant's provisional school bus driver | 3 | | permit. The
cancellation shall remain in effect pending the | 4 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 5 | | The scope of the
hearing shall be limited to the issuance | 6 | | criteria contained in
subsection (a) of this Section. A | 7 | | petition requesting a
hearing shall be submitted to the | 8 | | Secretary of State and shall
contain the reason the individual | 9 | | feels he or she is entitled to a
school bus driver permit. The | 10 | | permit holder's
employer shall notify in writing to the | 11 | | Secretary of State
that the employer has certified the removal | 12 | | of the offending school
bus driver from service prior to the | 13 | | start of that school bus
driver's next workshift. An employing | 14 | | school board that fails to
remove the offending school bus | 15 | | driver from service is
subject to the penalties defined in | 16 | | Section 3-14.23 of the School Code. A
school bus
contractor who | 17 | | violates a provision of this Section is
subject to the | 18 | | penalties defined in Section 6-106.11.
| 19 | | All valid school bus driver permits issued under this | 20 | | Section
prior to January 1, 1995, shall remain effective until | 21 | | their
expiration date unless otherwise invalidated.
| 22 | | (h) When a school bus driver permit holder who is a service | 23 | | member is called to active duty, the employer of the permit | 24 | | holder shall notify the Secretary of State, within 30 days of | 25 | | notification from the permit holder, that the permit holder has | 26 | | been called to active duty. Upon notification pursuant to this |
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| 1 | | subsection, (i) the Secretary of State shall characterize the | 2 | | permit as inactive until a permit holder renews the permit as | 3 | | provided in subsection (i) of this Section, and (ii) if a | 4 | | permit holder fails to comply with the requirements of this | 5 | | Section while called to active duty, the Secretary of State | 6 | | shall not characterize the permit as invalid. | 7 | | (i) A school bus driver permit holder who is a service | 8 | | member returning from active duty must, within 90 days, renew a | 9 | | permit characterized as inactive pursuant to subsection (h) of | 10 | | this Section by complying with the renewal requirements of | 11 | | subsection (b) of this Section. | 12 | | (j) For purposes of subsections (h) and (i) of this | 13 | | Section: | 14 | | "Active duty" means active duty pursuant to an executive | 15 | | order of the President of the United States, an act of the | 16 | | Congress of the United States, or an order of the Governor. | 17 | | "Service member" means a member of the Armed Services or | 18 | | reserve forces of the United States or a member of the Illinois | 19 | | National Guard. | 20 | | (k) A private carrier employer of a school bus driver | 21 | | permit holder, having satisfied the employer requirements of | 22 | | this Section, shall be held to a standard of ordinary care for | 23 | | intentional acts committed in the course of employment by the | 24 | | bus driver permit holder. This subsection (k) shall in no way | 25 | | limit the liability of the private carrier employer for | 26 | | violation of any provision of this Section or for the negligent |
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| 1 | | hiring or retention of a school bus driver permit holder. | 2 | | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | 3 | | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
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