State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_SB0163

      625 ILCS 5/6-106.1        from Ch. 95 1/2, par. 6-106.1
          Amends the Illinois Vehicle Code to remove  an  exception
      to  fingerprinting requirements for individuals who possessed
      a valid school bus permit on  a  certain  date  issued  by  a
      Regional School Superintendent.  Effective January 1, 1998.
                                                     LRB9000005NTcw
                                               LRB9000005NTcw
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 6-106.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Section 6-106.1 as follows:
 7        (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
 8        Sec. 6-106.1.  School bus driver permit.
 9        (a)  The Secretary of State  shall  issue  a  school  bus
10    driver  permit  to  those  applicants  who  have  met all the
11    requirements of the application and screening  process  under
12    this Section to insure the welfare and safety of children who
13    are  transported  on  school  buses  throughout  the State of
14    Illinois.  Applicants shall  obtain  the  proper  application
15    required  by the Secretary of State from their prospective or
16    current employer and submit the completed application to  the
17    prospective  or  current  employer  along  with the necessary
18    fingerprint submission as required by the Department of State
19    Police  to  conduct  fingerprint  based  criminal  background
20    checks on current and future  information  available  in  the
21    state  system  and  current information available through the
22    Federal Bureau of  Investigation's  system.   Applicants  who
23    have  completed  the fingerprinting requirements shall not be
24    subjected to the fingerprinting  process  when  applying  for
25    subsequent   permits   or   submitting  proof  of  successful
26    completion of the annual refresher course.   Individuals  who
27    on  the effective date of this Act possess a valid school bus
28    driver  permit  that  has  been  previously  issued  by   the
29    appropriate Regional School Superintendent are not subject to
30    the  fingerprinting provisions of this Section as long as the
31    permit remains valid and does not lapse.  The applicant shall
                            -2-                LRB9000005NTcw
 1    be required to pay all related application and fingerprinting
 2    fees as established by rule including, but  not  limited  to,
 3    the amounts established by the Department of State Police and
 4    the  Federal  Bureau  of Investigation to process fingerprint
 5    based criminal background investigations. All fees  paid  for
 6    fingerprint  processing  services under this Section shall be
 7    deposited into the State Police Services Fund  for  the  cost
 8    incurred   in   processing  the  fingerprint  based  criminal
 9    background investigations.  All other fees  paid  under  this
10    Section shall be deposited into the Road Fund for the purpose
11    of   defraying  the  costs  of  the  Secretary  of  State  in
12    administering this Section.  All applicants must:
13             1.  be 21 years of age or older;
14             2.  possess a valid and properly classified driver's
15        license issued by the Secretary of State;
16             3.  possess a valid driver's license, which has  not
17        been  revoked or suspended, for 3 years immediately prior
18        to the date of application;
19             4.  successfully pass a written  test,  administered
20        by  the  Secretary  of  State,  on  school bus operation,
21        school bus safety, and special traffic laws  relating  to
22        school  buses  and  submit to a review of the applicant's
23        driving habits by the Secretary of State at the time  the
24        written test is given;
25             5.  demonstrate  ability to exercise reasonable care
26        in the operation of school buses in accordance with rules
27        promulgated by the Secretary of State;
28             6.  demonstrate physical fitness to  operate  school
29        buses by submitting the results of a medical examination,
30        including  tests  for  drug  use  for  each applicant not
31        subject  to  such  testing  pursuant  to   federal   law,
32        conducted  by  a licensed physician within 90 days of the
33        date of application according to standards promulgated by
34        the Secretary of State;
                            -3-                LRB9000005NTcw
 1             7.  affirm under penalties of perjury that he or she
 2        has not made a false statement or knowingly  concealed  a
 3        material fact in any application for permit;
 4             8.  have  completed  an  initial  classroom  course,
 5        including  first  aid  procedures,  in  school bus driver
 6        safety as promulgated by  the  Secretary  of  State;  and
 7        after  satisfactory  completion of said initial course an
 8        annual refresher course; such courses and the  agency  or
 9        organization conducting such courses shall be approved by
10        the  Secretary  of  State; failure to complete the annual
11        refresher course, shall result  in  cancellation  of  the
12        permit until such course is completed;
13             9.  not  have  been  convicted  of 2 or more serious
14        traffic offenses, as defined by  rule,  within  one  year
15        prior  to  the  date of application that may endanger the
16        life or safety of any of the driver's  passengers  within
17        the duration of the permit period;
18             10.  not  have  been  convicted of reckless driving,
19        driving while intoxicated, or reckless homicide resulting
20        from the operation of a motor vehicle within 3  years  of
21        the date of application;
22             11.  not   have  been  convicted  of  committing  or
23        attempting to commit any one or  more  of  the  following
24        offenses:   (i)  those  offenses defined in Sections 9-1,
25        9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7,  11-6,
26        11-9,  11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
27        11-19.1, 11-19.2, 11-20, 11-20.1, 11-21,  11-22,  12-4.3,
28        12-4.4,   12-4.5,  12-6,  12-7.1,  12-11,  12-13,  12-14,
29        12-14.1, 12-15,  12-16,  12-21.5,  12-21.6,  18-1,  18-2,
30        18-3,  18-4,  20-1,  20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
31        31A-1.1, and 33A-2, and in subsection (a) and  subsection
32        (b),  clause (1), of Section 12-4 of the Criminal Code of
33        1961; (ii) those offenses defined in the Cannabis Control
34        Act except those offenses defined in subsections (a)  and
                            -4-                LRB9000005NTcw
 1        (b)  of Section 4, and subsection (a) of Section 5 of the
 2        Cannabis Control Act; (iii) those offenses defined in the
 3        Illinois Controlled  Substances  Act;  (iv)  any  offense
 4        committed  or attempted in any other state or against the
 5        laws  of  the  United  States,  which  if  committed   or
 6        attempted  in  this  State  would be punishable as one or
 7        more of the foregoing offenses; (v) the offenses  defined
 8        in  Section 4.1 and 5.1 of the Wrongs to Children Act and
 9        (vi) those offenses defined in Section 6-16 of the Liquor
10        Control Act of 1934;
11             12.  not have been repeatedly involved as  a  driver
12        in  motor vehicle collisions or been repeatedly convicted
13        of offenses against laws and  ordinances  regulating  the
14        movement  of traffic, to a degree which indicates lack of
15        ability to exercise ordinary and reasonable care  in  the
16        safe  operation  of a motor vehicle or disrespect for the
17        traffic laws and the safety of  other  persons  upon  the
18        highway;
19             13.  not  have,  through the unlawful operation of a
20        motor vehicle, caused an accident resulting in the  death
21        of any person; and
22             14.  not   have,  within  the  last  5  years,  been
23        adjudged to be  afflicted  with  or  suffering  from  any
24        mental disability or disease.
25        (b)  A  school  bus  driver  permit  shall be valid for a
26    period specified by the Secretary of State as  set  forth  by
27    rule.   It  shall not be renewable, but a new permit shall be
28    issued upon compliance with subsection (a) of this Section.
29        (c)  A  school  bus  driver  permit  shall  contain   the
30    holder's  driver's  license  number, name, address, zip code,
31    social security number and date of birth, a brief description
32    of the holder and a space for signature.   The  Secretary  of
33    State may require a suitable photograph of the holder.
34        (d)  The  employer  shall be responsible for conducting a
                            -5-                LRB9000005NTcw
 1    pre-employment interview with prospective school  bus  driver
 2    candidates,  distributing  school bus driver applications and
 3    medical  forms  to  be  completed  by  the   applicant,   and
 4    submitting   the   applicant's   fingerprint   cards  to  the
 5    Department of State Police that are required for the criminal
 6    background investigations.  The  employer  shall  certify  in
 7    writing  to  the  Secretary  of State that all pre-employment
 8    conditions have been  successfully  completed  including  the
 9    successful   completion  of  an  Illinois  specific  criminal
10    background investigation  through  the  Department  of  State
11    Police  and  the  submission of necessary fingerprints to the
12    Federal  Bureau  of  Investigation   for   criminal   history
13    information   available   through   the   Federal  Bureau  of
14    Investigation  system.   The  applicant  shall  present   the
15    certification  to  the  Secretary  of  State  at  the time of
16    submitting the school bus driver permit application.
17        (e)  Permits  shall   initially   be   provisional   upon
18    receiving   certification   from   the   employer   that  all
19    pre-employment conditions have been  successfully  completed,
20    and   upon   successful   completion   of  all  training  and
21    examination  requirements  for  the  classification  of   the
22    vehicle   to  be  operated,  the  Secretary  of  State  shall
23    provisionally issue a School Bus Driver Permit.   The  permit
24    shall  remain  in a provisional status pending the completion
25    of the Federal Bureau of Investigation's criminal  background
26    investigation  based  upon fingerprinting specimens submitted
27    to the Federal Bureau of Investigation by the  Department  of
28    State  Police.   The  Federal  Bureau  of Investigation shall
29    report the findings directly to the Secretary of State.   The
30    Secretary  of  State  shall remove the bus driver permit from
31    provisional status upon the applicant's successful completion
32    of the Federal Bureau of Investigation's criminal  background
33    investigation.
34        (f)  A  school  bus driver permit holder shall notify the
                            -6-                LRB9000005NTcw
 1    employer and the Secretary of State if he or she is convicted
 2    in another state of an offense that would  make  him  or  her
 3    ineligible for a permit under subsection (a) of this Section.
 4    The  written  notification shall be made within 5 days of the
 5    entry of the conviction.  Failure of  the  permit  holder  to
 6    provide the notification is punishable as a petty offense for
 7    a  first  violation and a Class B misdemeanor for a second or
 8    subsequent violation.
 9        (g)  Cancellation; suspension; notice and procedure.
10             (1)  The Secretary of State shall  cancel  a  school
11        bus   driver   permit  of  an  applicant  whose  criminal
12        background investigation discloses that he or she is  not
13        in  compliance  with  the provisions of subsection (a) of
14        this Section.
15             (2)  The Secretary of State shall  cancel  a  school
16        bus driver permit when he or she receives notice that the
17        permit  holder fails to comply with any provision of this
18        Section or any rule promulgated for the administration of
19        this Section.
20             (3)  The Secretary of State shall  cancel  a  school
21        bus  driver  permit  if  the  permit  holder's restricted
22        commercial or commercial driving privileges are withdrawn
23        or otherwise invalidated.
24             (4)  The Secretary of State may not issue  a  school
25        bus driver permit for a period of 3 years to an applicant
26        who  fails  to obtain a negative result on a drug test as
27        required in item 6 of subsection (a) of this  Section  or
28        under federal law.
29             (5)  The  Secretary of State shall forthwith suspend
30        a school bus driver permit for a period of 3  years  upon
31        receiving  notice  that the holder has failed to obtain a
32        negative result on a drug test as required in item  6  of
33        subsection (a) of this Section or under federal law.
34        The   Secretary   of   State   shall   notify  the  State
                            -7-                LRB9000005NTcw
 1    Superintendent  of  Education   and   the   permit   holder's
 2    prospective  or  current  employer that the applicant has (1)
 3    has failed a criminal background investigation or (2)  is  no
 4    longer  eligible  for  a school bus driver permit; and of the
 5    related cancellation of the  applicant's  provisional  school
 6    bus  driver  permit.  The cancellation shall remain in effect
 7    pending the outcome of a hearing pursuant  to  Section  2-118
 8    of  this  Code.  The scope of the hearing shall be limited to
 9    the issuance criteria contained in  subsection  (a)  of  this
10    Section.   A petition requesting a hearing shall be submitted
11    to the Secretary of State and shall contain  the  reason  the
12    individual feels he or she is entitled to a school bus driver
13    permit.  The permit holder's employer shall notify in writing
14    to the Secretary of State that the employer has certified the
15    removal of the offending school bus driver from service prior
16    to  the start of that school bus driver's next workshift.  An
17    employing school board that fails  to  remove  the  offending
18    school  bus  driver  from service is subject to the penalties
19    defined in Section 3-14.23 of the School Code. A  school  bus
20    contractor  who  violates  a  provision  of  this  Section is
21    subject to the penalties defined in Section 6-106.11.
22        All valid school bus driver  permits  issued  under  this
23    Section  prior  to  January  1,  1995, shall remain effective
24    until their expiration date unless otherwise invalidated.
25    (Source:  P.A.  88-612,  eff.  7-1-95;  89-71,  eff.  1-1-96;
26    89-120, eff.  7-7-95;  89-375,  eff.  8-18-95;  89-428,  eff.
27    12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
28        Section  99.  Effective  date.   This  Act  takes  effect
29    January 1, 1998.

[ Top ]