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Public Act 102-0726


 

Public Act 0726 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0726
 
HB4230 EnrolledLRB102 20958 HEP 29854 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Section 6-106.1 as follows:
 
    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements
of the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct fingerprint
based criminal background checks on current and future
information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school
bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Illinois State Police and the
Federal Bureau of Investigation to process fingerprint based
criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not
    been revoked, suspended, or canceled for 3 years
    immediately prior to the date of application, or have not
    had his or her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a written test, administered by
    the Secretary of State, on school bus operation, school
    bus safety, and special traffic laws relating to school
    buses and submit to a review of the applicant's driving
    habits by the Secretary of State at the time the written
    test is given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not
    subject to such testing pursuant to federal law, conducted
    by a licensed physician, a licensed advanced practice
    registered nurse, or a licensed physician assistant within
    90 days of the date of application according to standards
    promulgated by the Secretary of State;
        7. affirm under penalties of perjury that he or she
    has not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver
    safety as promulgated by the Secretary of State; and after
    satisfactory completion of said initial course an annual
    refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been under an order of court supervision
    for or convicted of 2 or more serious traffic offenses, as
    defined by rule, within one year prior to the date of
    application that may endanger the life or safety of any of
    the driver's passengers within the duration of the permit
    period;
        10. not have been under an order of court supervision
    for or convicted of reckless driving, aggravated reckless
    driving, driving while under the influence of alcohol,
    other drug or drugs, intoxicating compound or compounds or
    any combination thereof, or reckless homicide resulting
    from the operation of a motor vehicle within 3 years of the
    date of application;
        11. not have been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1,
    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
    of Section 24-3, and those offenses contained in Article
    29D of the Criminal Code of 1961 or the Criminal Code of
    2012; (ii) those offenses defined in the Cannabis Control
    Act except those offenses defined in subsections (a) and
    (b) of Section 4, and subsection (a) of Section 5 of the
    Cannabis Control Act; (iii) those offenses defined in the
    Illinois Controlled Substances Act; (iv) those offenses
    defined in the Methamphetamine Control and Community
    Protection Act; and (v) any offense committed or attempted
    in any other state or against the laws of the United
    States, which if committed or attempted in this State
    would be punishable as one or more of the foregoing
    offenses; (vi) the offenses defined in Section 4.1 and 5.1
    of the Wrongs to Children Act or Section 11-9.1A of the
    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
    those offenses defined in Section 6-16 of the Liquor
    Control Act of 1934; and (viii) those offenses defined in
    the Methamphetamine Precursor Control Act;
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a
    motor vehicle, caused an accident resulting in the death
    of any person;
        14. not have, within the last 5 years, been adjudged
    to be afflicted with or suffering from any mental
    disability or disease;
        15. consent, in writing, to the release of results of
    reasonable suspicion drug and alcohol testing under
    Section 6-106.1c of this Code by the employer of the
    applicant to the Secretary of State; and
        16. not have been convicted of committing or
    attempting to commit within the last 20 years: (i) an
    offense defined in subsection (c) of Section 4, subsection
    (b) of Section 5, and subsection (a) of Section 8 of the
    Cannabis Control Act; or (ii) any offenses in any other
    state or against the laws of the United States that, if
    committed or attempted in this State, would be punishable
    as one or more of the foregoing offenses.
    (a-5) If an applicant's driver's license has been
suspended within the 3 years immediately prior to the date of
application for the sole reason of failure to pay child
support, that suspension shall not bar the applicant from
receiving a school bus driver permit.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in
    compliance with the provisions of subsection (a) of this
    Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
        (6) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving
    notice from the employer that the holder failed to perform
    the inspection procedure set forth in subsection (a) or
    (b) of Section 12-816 of this Code.
        (7) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving
    notice from the employer that the holder refused to submit
    to an alcohol or drug test as required by Section 6-106.1c
    or has submitted to a test required by that Section which
    disclosed an alcohol concentration of more than 0.00 or
    disclosed a positive result on a National Institute on
    Drug Abuse five-drug panel, utilizing federal standards
    set forth in 49 CFR 40.87.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor
who violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
    (h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
    (i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
    (j) For purposes of subsections (h) and (i) of this
Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
10-13-21.)

Effective Date: 1/1/2023