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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
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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
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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
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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 application and fingerprinting fees as established by rule.
5 including, but not limited to, the amounts established by the
6 Department of State Police and the Federal Bureau of
7 Investigation to process fingerprint based criminal
8 background investigations. All fees paid for fingerprint
9 processing services under this Section shall be deposited
10 into the State Police Services Fund for the cost incurred in
11 processing the fingerprint based criminal background
12 investigations. 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,
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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
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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
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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
10 submitting the applicant's fingerprint cards to the
11 Department of State Police as that are required 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
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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.
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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.)
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1 Section 99. Effective date. This Act takes effect on
2 January 1, 1998.