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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB1643
210 ILCS 45/2-215 new
625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
Amends the Nursing Home Care Act and the Vehicle Code.
Amends the Nursing Home Care Act to provide that facilities
shall have the sheriff's department or the Department of
State Police perform a criminal history record check for all
employees. Amends the Vehicle Code to provide that the
sheriff's department or the Department of State Police shall
fingerprint school bus driver permit applicants (instead of
having the applicant submit fingerprints to the employer).
Provides that the sheriff's department may conduct the
fingerprint based criminal background investigations on
school bus driver permit applicants. Effective immediately.
LRB9000106NTsbA
LRB9000106NTsbA
1 AN ACT concerning criminal background checks, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 adding Section 2-215 as follows:
7 (210 ILCS 45/2-215 new)
8 Sec. 2-215. Employee criminal history record check. A
9 facility shall have the sheriff's department of the
10 jurisdiction where the facility is located or the Department
11 of State Police perform a criminal history record check for
12 all of the facility's employees.
13 Section 10. The Illinois Vehicle Code is amended by
14 changing Section 6-106.1 as follows:
15 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
16 Sec. 6-106.1. School bus driver permit.
17 (a) The Secretary of State shall issue a school bus
18 driver permit to those applicants who have met all the
19 requirements of the application and screening process under
20 this Section to insure the welfare and safety of children who
21 are transported on school buses throughout the State of
22 Illinois. Applicants shall obtain the proper application
23 required by the Secretary of State from their prospective or
24 current employer and submit the completed application to the
25 prospective or current employer. The sheriff's department of
26 the jurisdiction where the employer is located or the
27 Department of State Police shall fingerprint the applicants
28 along with the necessary fingerprint submission as required
29 by the sheriff's department of the jurisdiction where the
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1 employer is located or the Department of State Police to
2 conduct fingerprint based criminal background checks on
3 current and future information available in the state system
4 and current information available through the Federal Bureau
5 of Investigation's system. Applicants who have completed the
6 fingerprinting requirements shall not be subjected to the
7 fingerprinting process when applying for subsequent permits
8 or submitting proof of successful completion of the annual
9 refresher course. Individuals who on the effective date of
10 this Act possess a valid school bus driver permit that has
11 been previously issued by the appropriate Regional School
12 Superintendent are not subject to the fingerprinting
13 provisions of this Section as long as the permit remains
14 valid and does not lapse. The applicant shall be required to
15 pay all related application and fingerprinting fees as
16 established by rule including, but not limited to, the
17 amounts established by the sheriff's department of the
18 jurisdiction where the employer is located or the Department
19 of State Police and the Federal Bureau of Investigation to
20 process fingerprint based criminal background investigations.
21 All fees paid for fingerprint processing services under this
22 Section shall be retained by the county if processed by the
23 sheriff's department or deposited into the State Police
24 Services Fund if processed by the Department of State Police
25 for the cost incurred in processing the fingerprint based
26 criminal background investigations. All other fees paid
27 under this Section shall be deposited into the Road Fund for
28 the purpose of defraying the costs of the Secretary of State
29 in administering this Section. All applicants must:
30 1. be 21 years of age or older;
31 2. possess a valid and properly classified driver's
32 license issued by the Secretary of State;
33 3. possess a valid driver's license, which has not
34 been revoked or suspended, for 3 years immediately prior
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1 to the date of application;
2 4. successfully pass a written test, administered
3 by the Secretary of State, on school bus operation,
4 school bus safety, and special traffic laws relating to
5 school buses and submit to a review of the applicant's
6 driving habits by the Secretary of State at the time the
7 written test is given;
8 5. demonstrate ability to exercise reasonable care
9 in the operation of school buses in accordance with rules
10 promulgated by the Secretary of State;
11 6. demonstrate physical fitness to operate school
12 buses by submitting the results of a medical examination,
13 including tests for drug use for each applicant not
14 subject to such testing pursuant to federal law,
15 conducted by a licensed physician within 90 days of the
16 date of application according to standards promulgated by
17 the Secretary of State;
18 7. affirm under penalties of perjury that he or she
19 has not made a false statement or knowingly concealed a
20 material fact in any application for permit;
21 8. have completed an initial classroom course,
22 including first aid procedures, in school bus driver
23 safety as promulgated by the Secretary of State; and
24 after satisfactory completion of said initial course an
25 annual refresher course; such courses and the agency or
26 organization conducting such courses shall be approved by
27 the Secretary of State; failure to complete the annual
28 refresher course, shall result in cancellation of the
29 permit until such course is completed;
30 9. not have been convicted of 2 or more serious
31 traffic offenses, as defined by rule, within one year
32 prior to the date of application that may endanger the
33 life or safety of any of the driver's passengers within
34 the duration of the permit period;
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1 10. not have been convicted of reckless driving,
2 driving while intoxicated, or reckless homicide resulting
3 from the operation of a motor vehicle within 3 years of
4 the date of application;
5 11. not have been convicted of committing or
6 attempting to commit any one or more of the following
7 offenses: (i) those offenses defined in Sections 9-1,
8 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
9 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
10 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
11 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
12 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
13 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
14 31A-1.1, and 33A-2, and in subsection (a) and subsection
15 (b), clause (1), of Section 12-4 of the Criminal Code of
16 1961; (ii) those offenses defined in the Cannabis Control
17 Act except those offenses defined in subsections (a) and
18 (b) of Section 4, and subsection (a) of Section 5 of the
19 Cannabis Control Act; (iii) those offenses defined in the
20 Illinois Controlled Substances Act; (iv) any offense
21 committed or attempted in any other state or against the
22 laws of the United States, which if committed or
23 attempted in this State would be punishable as one or
24 more of the foregoing offenses; (v) the offenses defined
25 in Section 4.1 and 5.1 of the Wrongs to Children Act and
26 (vi) those offenses defined in Section 6-16 of the Liquor
27 Control Act of 1934;
28 12. not have been repeatedly involved as a driver
29 in motor vehicle collisions or been repeatedly convicted
30 of offenses against laws and ordinances regulating the
31 movement of traffic, to a degree which indicates lack of
32 ability to exercise ordinary and reasonable care in the
33 safe operation of a motor vehicle or disrespect for the
34 traffic laws and the safety of other persons upon the
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1 highway;
2 13. not have, through the unlawful operation of a
3 motor vehicle, caused an accident resulting in the death
4 of any person; and
5 14. not have, within the last 5 years, been
6 adjudged to be afflicted with or suffering from any
7 mental disability or disease.
8 (b) A school bus driver permit shall be valid for a
9 period specified by the Secretary of State as set forth by
10 rule. It shall not be renewable, but a new permit shall be
11 issued upon compliance with subsection (a) of this Section.
12 (c) A school bus driver permit shall contain the
13 holder's driver's license number, name, address, zip code,
14 social security number and date of birth, a brief description
15 of the holder and a space for signature. The Secretary of
16 State may require a suitable photograph of the holder.
17 (d) The employer shall be responsible for conducting a
18 pre-employment interview with prospective school bus driver
19 candidates, distributing school bus driver applications and
20 medical forms to be completed by the applicant, and having
21 the applicant fingerprinted by the sheriff's department of
22 the jurisdiction where the employer is located or the
23 submitting the applicant's fingerprinting cards to the
24 Department of State Police as that are required for the
25 criminal background investigations. The employer shall
26 certify in writing to the Secretary of State that all
27 pre-employment conditions have been successfully completed
28 including the successful completion of an Illinois specific
29 criminal background investigation through the sheriff's
30 department of the jurisdiction where the employer is located
31 or the Department of State Police and the submission of
32 necessary fingerprints to the Federal Bureau of Investigation
33 for criminal history information available through the
34 Federal Bureau of Investigation system. The applicant shall
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1 present the certification to the Secretary of State at the
2 time of submitting the school bus driver permit application.
3 (e) Permits shall initially be provisional upon
4 receiving certification from the employer that all
5 pre-employment conditions have been successfully completed,
6 and upon successful completion of all training and
7 examination requirements for the classification of the
8 vehicle to be operated, the Secretary of State shall
9 provisionally issue a School Bus Driver Permit. The permit
10 shall remain in a provisional status pending the completion
11 of the Federal Bureau of Investigation's criminal background
12 investigation based upon fingerprinting specimens submitted
13 to the Federal Bureau of Investigation by the sheriff's
14 department of the jurisdiction where the employer is located
15 or the Department of State Police. The Federal Bureau of
16 Investigation shall report the findings directly to the
17 Secretary of State. The Secretary of State shall remove the
18 bus driver permit from provisional status upon the
19 applicant's successful completion of the Federal Bureau of
20 Investigation's criminal background investigation.
21 (f) A school bus driver permit holder shall notify the
22 employer and the Secretary of State if he or she is convicted
23 in another state of an offense that would make him or her
24 ineligible for a permit under subsection (a) of this Section.
25 The written notification shall be made within 5 days of the
26 entry of the conviction. Failure of the permit holder to
27 provide the notification is punishable as a petty offense for
28 a first violation and a Class B misdemeanor for a second or
29 subsequent violation.
30 (g) Cancellation; suspension; notice and procedure.
31 (1) The Secretary of State shall cancel a school
32 bus driver permit of an applicant whose criminal
33 background investigation discloses that he or she is not
34 in compliance with the provisions of subsection (a) of
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1 this Section.
2 (2) The Secretary of State shall cancel a school
3 bus driver permit when he or she receives notice that the
4 permit holder fails to comply with any provision of this
5 Section or any rule promulgated for the administration of
6 this Section.
7 (3) The Secretary of State shall cancel a school
8 bus driver permit if the permit holder's restricted
9 commercial or commercial driving privileges are withdrawn
10 or otherwise invalidated.
11 (4) The Secretary of State may not issue a school
12 bus driver permit for a period of 3 years to an applicant
13 who fails to obtain a negative result on a drug test as
14 required in item 6 of subsection (a) of this Section or
15 under federal law.
16 (5) The Secretary of State shall forthwith suspend
17 a school bus driver permit for a period of 3 years upon
18 receiving notice that the holder has failed to obtain a
19 negative result on a drug test as required in item 6 of
20 subsection (a) of this Section or under federal law.
21 The Secretary of State shall notify the State
22 Superintendent of Education and the permit holder's
23 prospective or current employer that the applicant has (1)
24 has failed a criminal background investigation or (2) is no
25 longer eligible for a school bus driver permit; and of the
26 related cancellation of the applicant's provisional school
27 bus driver permit. The cancellation shall remain in effect
28 pending the outcome of a hearing pursuant to Section 2-118
29 of this Code. The scope of the hearing shall be limited to
30 the issuance criteria contained in subsection (a) of this
31 Section. A petition requesting a hearing shall be submitted
32 to the Secretary of State and shall contain the reason the
33 individual feels he or she is entitled to a school bus driver
34 permit. The permit holder's employer shall notify in writing
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1 to the Secretary of State that the employer has certified the
2 removal of the offending school bus driver from service prior
3 to the start of that school bus driver's next workshift. An
4 employing school board that fails to remove the offending
5 school bus driver from service is subject to the penalties
6 defined in Section 3-14.23 of the School Code. A school bus
7 contractor who violates a provision of this Section is
8 subject to the penalties defined in Section 6-106.11.
9 All valid school bus driver permits issued under this
10 Section prior to January 1, 1995, shall remain effective
11 until their expiration date unless otherwise invalidated.
12 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96;
13 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff.
14 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.