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90_HB1643ham001
LRB9000106NTsbam02
1 AMENDMENT TO HOUSE BILL 1643
2 AMENDMENT NO. . Amend House Bill 1643 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Health Care Worker Background Check Act
5 is amended by adding Section 37 as follows:
6 (225 ILCS 46/37 new)
7 Sec. 37. Authority to process fingerprints. In addition
8 to any private entity or agency authorized by the Department
9 of State Police to obtain and forward fingerprints of an
10 applicant or employee to the Department of State Police for
11 the purpose of conducting a criminal history record check as
12 prescribed by this Act, a sheriff's department shall have the
13 authority to process applicant or employee fingerprints in a
14 form and manner as prescribed by the Department of State
15 Police. A processing fee may be charged and retained by an
16 authorized entity, including a sheriff's department, in
17 addition to any fee established by the Department of State
18 Police, for processing fingerprints pursuant to the
19 provisions of this Act.
20 Section 10. The Illinois Vehicle Code is amended by
21 changing Section 6-106.1 as follows:
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1 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
2 Sec. 6-106.1. School bus driver permit.
3 (a) The Secretary of State shall issue a school bus
4 driver permit to those applicants who have met all the
5 requirements of the application and screening process under
6 this Section to insure the welfare and safety of children who
7 are transported on school buses throughout the State of
8 Illinois. Applicants shall obtain the proper application
9 required by the Secretary of State from their prospective or
10 current employer and submit the completed application to the
11 prospective or current employer along with the necessary
12 fingerprint submission as required by the Department of State
13 Police to conduct fingerprint based criminal background
14 checks on current and future information available in the
15 state system and current information available through the
16 Federal Bureau of Investigation's system. Applicants who
17 have completed the fingerprinting requirements shall not be
18 subjected to the fingerprinting process when applying for
19 subsequent permits or submitting proof of successful
20 completion of the annual refresher course. Individuals who
21 on the effective date of this Act possess a valid school bus
22 driver permit that has been previously issued by the
23 appropriate Regional School Superintendent are not subject to
24 the fingerprinting provisions of this Section as long as the
25 permit remains valid and does not lapse. Both State and
26 federal fingerprint cards of individuals seeking permits as
27 school bus drivers shall be transmitted to the Department of
28 State Police electronically for processing and storage of the
29 fingerprint cards. All applicants shall be electronically
30 fingerprinted by a sheriff's department or by an agent of the
31 Department of State Police or other State agency providing
32 electronic fingerprint services in a form and manner
33 prescribed by the Department of State Police. The applicant
34 shall be required to pay all related fees as established by
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1 rule, including but not limited to the electronic
2 fingerprinting service fee and the fees established by the
3 Department of State Police and Federal Bureau of
4 Investigation for processing fingerprint based criminal
5 history background investigations. Fees associated with
6 electronic fingerprinting shall be retained by the sheriff's
7 department if it performed the fingerprinting service or
8 deposited in the State Police Services Fund if an agent of
9 the State performed the electronic fingerprinting service.
10 The applicant shall be required to pay all related
11 application and fingerprinting fees as established by rule.
12 including, but not limited to, the amounts established by the
13 Department of State Police and the Federal Bureau of
14 Investigation to process fingerprint based criminal
15 background investigations. All fees paid for fingerprint
16 processing services under this Section shall be deposited
17 into the State Police Services Fund for the cost incurred in
18 processing the fingerprint based criminal background
19 investigations. All other fees paid under this Section shall
20 be deposited into the Road Fund for the purpose of defraying
21 the costs of the Secretary of State in administering this
22 Section. All applicants must:
23 1. be 21 years of age or older;
24 2. possess a valid and properly classified driver's
25 license issued by the Secretary of State;
26 3. possess a valid driver's license, which has not
27 been revoked or suspended, for 3 years immediately prior
28 to the date of application;
29 4. successfully pass a written test, administered
30 by the Secretary of State, on school bus operation,
31 school bus safety, and special traffic laws relating to
32 school buses and submit to a review of the applicant's
33 driving habits by the Secretary of State at the time the
34 written test is given;
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1 5. demonstrate ability to exercise reasonable care
2 in the operation of school buses in accordance with rules
3 promulgated by the Secretary of State;
4 6. demonstrate physical fitness to operate school
5 buses by submitting the results of a medical examination,
6 including tests for drug use for each applicant not
7 subject to such testing pursuant to federal law,
8 conducted by a licensed physician within 90 days of the
9 date of application according to standards promulgated by
10 the Secretary of State;
11 7. affirm under penalties of perjury that he or she
12 has not made a false statement or knowingly concealed a
13 material fact in any application for permit;
14 8. have completed an initial classroom course,
15 including first aid procedures, in school bus driver
16 safety as promulgated by the Secretary of State; and
17 after satisfactory completion of said initial course an
18 annual refresher course; such courses and the agency or
19 organization conducting such courses shall be approved by
20 the Secretary of State; failure to complete the annual
21 refresher course, shall result in cancellation of the
22 permit until such course is completed;
23 9. not have been convicted of 2 or more serious
24 traffic offenses, as defined by rule, within one year
25 prior to the date of application that may endanger the
26 life or safety of any of the driver's passengers within
27 the duration of the permit period;
28 10. not have been convicted of reckless driving,
29 driving while intoxicated, or reckless homicide resulting
30 from the operation of a motor vehicle within 3 years of
31 the date of application;
32 11. not have been convicted of committing or
33 attempting to commit any one or more of the following
34 offenses: (i) those offenses defined in Sections 9-1,
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1 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
2 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
3 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
4 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
5 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
6 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
7 31A-1.1, and 33A-2, and in subsection (a) and subsection
8 (b), clause (1), of Section 12-4 of the Criminal Code of
9 1961; (ii) those offenses defined in the Cannabis Control
10 Act except those offenses defined in subsections (a) and
11 (b) of Section 4, and subsection (a) of Section 5 of the
12 Cannabis Control Act; (iii) those offenses defined in the
13 Illinois Controlled Substances Act; (iv) any offense
14 committed or attempted in any other state or against the
15 laws of the United States, which if committed or
16 attempted in this State would be punishable as one or
17 more of the foregoing offenses; (v) the offenses defined
18 in Section 4.1 and 5.1 of the Wrongs to Children Act and
19 (vi) those offenses defined in Section 6-16 of the Liquor
20 Control Act of 1934;
21 12. not have been repeatedly involved as a driver
22 in motor vehicle collisions or been repeatedly convicted
23 of offenses against laws and ordinances regulating the
24 movement of traffic, to a degree which indicates lack of
25 ability to exercise ordinary and reasonable care in the
26 safe operation of a motor vehicle or disrespect for the
27 traffic laws and the safety of other persons upon the
28 highway;
29 13. not have, through the unlawful operation of a
30 motor vehicle, caused an accident resulting in the death
31 of any person; and
32 14. not have, within the last 5 years, been
33 adjudged to be afflicted with or suffering from any
34 mental disability or disease.
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1 (b) A school bus driver permit shall be valid for a
2 period specified by the Secretary of State as set forth by
3 rule. It shall not be renewable, but a new permit shall be
4 issued upon compliance with subsection (a) of this Section.
5 (c) A school bus driver permit shall contain the
6 holder's driver's license number, name, address, zip code,
7 social security number and date of birth, a brief description
8 of the holder and a space for signature. The Secretary of
9 State may require a suitable photograph of the holder.
10 (d) The employer shall be responsible for conducting a
11 pre-employment interview with prospective school bus driver
12 candidates, distributing school bus driver applications and
13 medical forms to be completed by the applicant, and having
14 the applicant electronically fingerprinted by a sheriff's
15 department or an agent of the Department of State Police or
16 other State agency and insuring electronic transmission
17 submitting the applicant's fingerprint cards to the
18 Department of State Police as that are required for the
19 criminal background investigations. The employer shall
20 certify in writing to the Secretary of State that all
21 pre-employment conditions have been successfully completed
22 including the successful completion of an Illinois specific
23 criminal background investigation through the Department of
24 State Police and the submission of necessary fingerprints to
25 the Federal Bureau of Investigation for criminal history
26 information available through the Federal Bureau of
27 Investigation system. The applicant shall present the
28 certification to the Secretary of State at the time of
29 submitting the school bus driver permit application.
30 (e) Permits shall initially be provisional upon
31 receiving certification from the employer that all
32 pre-employment conditions have been successfully completed,
33 and upon successful completion of all training and
34 examination requirements for the classification of the
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1 vehicle to be operated, the Secretary of State shall
2 provisionally issue a School Bus Driver Permit. The permit
3 shall remain in a provisional status pending the completion
4 of the Federal Bureau of Investigation's criminal background
5 investigation based upon fingerprinting specimens submitted
6 to the Federal Bureau of Investigation by the Department of
7 State Police. The Federal Bureau of Investigation shall
8 report the findings directly to the Secretary of State. The
9 Secretary of State shall remove the bus driver permit from
10 provisional status upon the applicant's successful completion
11 of the Federal Bureau of Investigation's criminal background
12 investigation.
13 (f) A school bus driver permit holder shall notify the
14 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
20 a first violation and a Class B misdemeanor for a second or
21 subsequent violation.
22 (g) Cancellation; suspension; notice and procedure.
23 (1) The Secretary of State shall cancel a school
24 bus driver permit of an applicant whose criminal
25 background investigation discloses that he or she is not
26 in compliance with the provisions of subsection (a) of
27 this Section.
28 (2) The Secretary of State shall cancel a school
29 bus driver permit when he or she receives notice that the
30 permit holder fails to comply with any provision of this
31 Section or any rule promulgated for the administration of
32 this Section.
33 (3) The Secretary of State shall cancel a school
34 bus driver permit if the permit holder's restricted
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1 commercial or commercial driving privileges are withdrawn
2 or otherwise invalidated.
3 (4) The Secretary of State may not issue a school
4 bus driver permit for a period of 3 years to an applicant
5 who fails to obtain a negative result on a drug test as
6 required in item 6 of subsection (a) of this Section or
7 under federal law.
8 (5) The Secretary of State shall forthwith suspend
9 a school bus driver permit for a period of 3 years upon
10 receiving notice that the holder has failed to obtain a
11 negative result on a drug test as required in item 6 of
12 subsection (a) of this Section or under federal law.
13 The Secretary of State shall notify the State
14 Superintendent of Education and the permit holder's
15 prospective or current employer that the applicant has (1)
16 has failed a criminal background investigation or (2) is no
17 longer eligible for a school bus driver permit; and of the
18 related cancellation of the applicant's provisional school
19 bus driver permit. The cancellation shall remain in effect
20 pending the outcome of a hearing pursuant to Section 2-118
21 of this Code. The scope of the hearing shall be limited to
22 the issuance criteria contained in subsection (a) of this
23 Section. A petition requesting a hearing shall be submitted
24 to the Secretary of State and shall contain the reason the
25 individual feels he or she is entitled to a school bus driver
26 permit. The permit holder's employer shall notify in writing
27 to the Secretary of State that the employer has certified the
28 removal of the offending school bus driver from service prior
29 to the start of that school bus driver's next workshift. An
30 employing school board that fails to remove the offending
31 school bus driver from service is subject to the penalties
32 defined in Section 3-14.23 of the School Code. A school bus
33 contractor who violates a provision of this Section is
34 subject to the penalties defined in Section 6-106.11.
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1 All valid school bus driver permits issued under this
2 Section prior to January 1, 1995, shall remain effective
3 until their expiration date unless otherwise invalidated.
4 (Source: P.A. 88-612, eff. 7-1-95; 89-71, eff. 1-1-96;
5 89-120, eff. 7-7-95; 89-375, eff. 8-18-95; 89-428, eff.
6 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
7 Section 99. Effective date. This Act takes effect on
8 January 1, 1998.".