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[ Introduced ] | [ House Amendment 001 ] |
90_HB1643eng 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 HB1643 Engrossed 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 Health Care Worker Background Check Act 6 is amended by adding Section 37 as follows: 7 (225 ILCS 46/37 new) 8 Sec. 37. Authority to process fingerprints. In addition 9 to any private entity or agency authorized by the Department 10 of State Police to obtain and forward fingerprints of an 11 applicant or employee to the Department of State Police for 12 the purpose of conducting a criminal history record check as 13 prescribed by this Act, a sheriff's department shall have the 14 authority to process applicant or employee fingerprints in a 15 form and manner as prescribed by the Department of State 16 Police. A processing fee may be charged and retained by an 17 authorized entity, including a sheriff's department, in 18 addition to any fee established by the Department of State 19 Police, for processing fingerprints pursuant to the 20 provisions of this Act. 21 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. 25 (a) The Secretary of State shall issue a school bus 26 driver permit to those applicants who have met all the 27 requirements of the application and screening process under 28 this Section to insure the welfare and safety of children who 29 are transported on school buses throughout the State of HB1643 Engrossed -2- LRB9000106NTsbA 1 Illinois. Applicants shall obtain the proper application 2 required by the Secretary of State from their prospective or 3 current employer and submit the completed application to the 4 prospective or current employer along with the necessary 5 fingerprint submission as required by the Department of State 6 Police to conduct fingerprint based criminal background 7 checks on current and future information available in the 8 state system and current information available through the 9 Federal Bureau of Investigation's system. Applicants who 10 have completed the fingerprinting requirements shall not be 11 subjected to the fingerprinting process when applying for 12 subsequent permits or submitting proof of successful 13 completion of the annual refresher course. Individuals who 14 on the effective date of this Act possess a valid school bus 15 driver permit that has been previously issued by the 16 appropriate Regional School Superintendent are not subject to 17 the fingerprinting provisions of this Section as long as the 18 permit remains valid and does not lapse. Both State and 19 federal fingerprint cards of individuals seeking permits as 20 school bus drivers shall be transmitted to the Department of 21 State Police electronically for processing and storage of the 22 fingerprint cards. All applicants shall be electronically 23 fingerprinted by a sheriff's department or by an agent of the 24 Department of State Police or other State agency providing 25 electronic fingerprint services in a form and manner 26 prescribed by the Department of State Police. The applicant 27 shall be required to pay all related fees as established by 28 rule, including but not limited to the electronic 29 fingerprinting service fee and the fees established by the 30 Department of State Police and Federal Bureau of 31 Investigation for processing fingerprint based criminal 32 history background investigations. Fees associated with 33 electronic fingerprinting shall be retained by the sheriff's 34 department if it performed the fingerprinting service or HB1643 Engrossed -3- LRB9000106NTsbA 1 deposited in the State Police Services Fund if an agent of 2 the State performed the electronic fingerprinting service. 3 The applicant shall be required to pay all related 4 applicationand fingerprintingfees as established by rule. 5including, but not limited to, the amounts established by the6Department of State Police and the Federal Bureau of7Investigation to process fingerprint based criminal8background investigations. All fees paid for fingerprint9processing services under this Section shall be deposited10into the State Police Services Fund for the cost incurred in11processing the fingerprint based criminal background12investigations.All other fees paid under this Section shall 13 be deposited into the Road Fund for the purpose of defraying 14 the costs of the Secretary of State in administering this 15 Section. All applicants must: 16 1. be 21 years of age or older; 17 2. possess a valid and properly classified driver's 18 license issued by the Secretary of State; 19 3. possess a valid driver's license, which has not 20 been revoked or suspended, for 3 years immediately prior 21 to the date of application; 22 4. successfully pass a written test, administered 23 by the Secretary of State, on school bus operation, 24 school bus safety, and special traffic laws relating to 25 school buses and submit to a review of the applicant's 26 driving habits by the Secretary of State at the time the 27 written test is given; 28 5. demonstrate ability to exercise reasonable care 29 in the operation of school buses in accordance with rules 30 promulgated by the Secretary of State; 31 6. demonstrate physical fitness to operate school 32 buses by submitting the results of a medical examination, 33 including tests for drug use for each applicant not 34 subject to such testing pursuant to federal law, HB1643 Engrossed -4- LRB9000106NTsbA 1 conducted by a licensed physician within 90 days of the 2 date of application according to standards promulgated by 3 the Secretary of State; 4 7. affirm under penalties of perjury that he or she 5 has not made a false statement or knowingly concealed a 6 material fact in any application for permit; 7 8. have completed an initial classroom course, 8 including first aid procedures, in school bus driver 9 safety as promulgated by the Secretary of State; and 10 after satisfactory completion of said initial course an 11 annual refresher course; such courses and the agency or 12 organization conducting such courses shall be approved by 13 the Secretary of State; failure to complete the annual 14 refresher course, shall result in cancellation of the 15 permit until such course is completed; 16 9. not have been convicted of 2 or more serious 17 traffic offenses, as defined by rule, within one year 18 prior to the date of application that may endanger the 19 life or safety of any of the driver's passengers within 20 the duration of the permit period; 21 10. not have been convicted of reckless driving, 22 driving while intoxicated, or reckless homicide resulting 23 from the operation of a motor vehicle within 3 years of 24 the date of application; 25 11. not have been convicted of committing or 26 attempting to commit any one or more of the following 27 offenses: (i) those offenses defined in Sections 9-1, 28 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 29 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 30 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3, 31 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 32 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2, 33 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1, 34 31A-1.1, and 33A-2, and in subsection (a) and subsection HB1643 Engrossed -5- LRB9000106NTsbA 1 (b), clause (1), of Section 12-4 of the Criminal Code of 2 1961; (ii) those offenses defined in the Cannabis Control 3 Act except those offenses defined in subsections (a) and 4 (b) of Section 4, and subsection (a) of Section 5 of the 5 Cannabis Control Act; (iii) those offenses defined in the 6 Illinois Controlled Substances Act; (iv) any offense 7 committed or attempted in any other state or against the 8 laws of the United States, which if committed or 9 attempted in this State would be punishable as one or 10 more of the foregoing offenses; (v) the offenses defined 11 in Section 4.1 and 5.1 of the Wrongs to Children Act and 12 (vi) those offenses defined in Section 6-16 of the Liquor 13 Control Act of 1934; 14 12. not have been repeatedly involved as a driver 15 in motor vehicle collisions or been repeatedly convicted 16 of offenses against laws and ordinances regulating the 17 movement of traffic, to a degree which indicates lack of 18 ability to exercise ordinary and reasonable care in the 19 safe operation of a motor vehicle or disrespect for the 20 traffic laws and the safety of other persons upon the 21 highway; 22 13. not have, through the unlawful operation of a 23 motor vehicle, caused an accident resulting in the death 24 of any person; and 25 14. not have, within the last 5 years, been 26 adjudged to be afflicted with or suffering from any 27 mental disability or disease. 28 (b) A school bus driver permit shall be valid for a 29 period specified by the Secretary of State as set forth by 30 rule. It shall not be renewable, but a new permit shall be 31 issued upon compliance with subsection (a) of this Section. 32 (c) A school bus driver permit shall contain the 33 holder's driver's license number, name, address, zip code, 34 social security number and date of birth, a brief description HB1643 Engrossed -6- LRB9000106NTsbA 1 of the holder and a space for signature. The Secretary of 2 State may require a suitable photograph of the holder. 3 (d) The employer shall be responsible for conducting a 4 pre-employment interview with prospective school bus driver 5 candidates, distributing school bus driver applications and 6 medical forms to be completed by the applicant, and having 7 the applicant electronically fingerprinted by a sheriff's 8 department or an agent of the Department of State Police or 9 other State agency and insuring electronic transmission 10submitting the applicant's fingerprint cardsto the 11 Department of State Police asthat arerequired for the 12 criminal background investigations. The employer shall 13 certify in writing to the Secretary of State that all 14 pre-employment conditions have been successfully completed 15 including the successful completion of an Illinois specific 16 criminal background investigation through the Department of 17 State Police and the submission of necessary fingerprints to 18 the Federal Bureau of Investigation for criminal history 19 information available through the Federal Bureau of 20 Investigation system. The applicant shall present the 21 certification to the Secretary of State at the time of 22 submitting the school bus driver permit application. 23 (e) Permits shall initially be provisional upon 24 receiving certification from the employer that all 25 pre-employment conditions have been successfully completed, 26 and upon successful completion of all training and 27 examination requirements for the classification of the 28 vehicle to be operated, the Secretary of State shall 29 provisionally issue a School Bus Driver Permit. The permit 30 shall remain in a provisional status pending the completion 31 of the Federal Bureau of Investigation's criminal background 32 investigation based upon fingerprinting specimens submitted 33 to the Federal Bureau of Investigation by the Department of 34 State Police. The Federal Bureau of Investigation shall HB1643 Engrossed -7- LRB9000106NTsbA 1 report the findings directly to the Secretary of State. The 2 Secretary of State shall remove the bus driver permit from 3 provisional status upon the applicant's successful completion 4 of the Federal Bureau of Investigation's criminal background 5 investigation. 6 (f) A school bus driver permit holder shall notify the 7 employer and the Secretary of State if he or she is convicted 8 in another state of an offense that would make him or her 9 ineligible for a permit under subsection (a) of this Section. 10 The written notification shall be made within 5 days of the 11 entry of the conviction. Failure of the permit holder to 12 provide the notification is punishable as a petty offense for 13 a first violation and a Class B misdemeanor for a second or 14 subsequent violation. 15 (g) Cancellation; suspension; notice and procedure. 16 (1) The Secretary of State shall cancel a school 17 bus driver permit of an applicant whose criminal 18 background investigation discloses that he or she is not 19 in compliance with the provisions of subsection (a) of 20 this Section. 21 (2) The Secretary of State shall cancel a school 22 bus driver permit when he or she receives notice that the 23 permit holder fails to comply with any provision of this 24 Section or any rule promulgated for the administration of 25 this Section. 26 (3) The Secretary of State shall cancel a school 27 bus driver permit if the permit holder's restricted 28 commercial or commercial driving privileges are withdrawn 29 or otherwise invalidated. 30 (4) The Secretary of State may not issue a school 31 bus driver permit for a period of 3 years to an applicant 32 who fails to obtain a negative result on a drug test as 33 required in item 6 of subsection (a) of this Section or 34 under federal law. HB1643 Engrossed -8- LRB9000106NTsbA 1 (5) The Secretary of State shall forthwith suspend 2 a school bus driver permit for a period of 3 years upon 3 receiving notice that the holder has failed to obtain a 4 negative result on a drug test as required in item 6 of 5 subsection (a) of this Section or under federal law. 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) 9 has failed a criminal background investigation or (2) is no 10 longer eligible for a school bus driver permit; and of the 11 related cancellation of the applicant's provisional school 12 bus driver permit. The cancellation shall remain in effect 13 pending the outcome of a hearing pursuant to Section 2-118 14 of this Code. The scope of the hearing shall be limited to 15 the issuance criteria contained in subsection (a) of this 16 Section. A petition requesting a hearing shall be submitted 17 to the Secretary of State and shall contain the reason the 18 individual feels he or she is entitled to a school bus driver 19 permit. The permit holder's employer shall notify in writing 20 to the Secretary of State that the employer has certified the 21 removal of the offending school bus driver from service prior 22 to the start of that school bus driver's next workshift. An 23 employing school board that fails to remove the offending 24 school bus driver from service is subject to the penalties 25 defined in Section 3-14.23 of the School Code. A school bus 26 contractor who violates a provision of this Section is 27 subject to the penalties defined in Section 6-106.11. 28 All valid school bus driver permits issued under this 29 Section prior to January 1, 1995, shall remain effective 30 until their expiration date unless otherwise invalidated. 31 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96; 32 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff. 33 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.) HB1643 Engrossed -9- LRB9000106NTsbA 1 Section 99. Effective date. This Act takes effect on 2 January 1, 1998.