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| Public Act 102-0726 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Section 6-106.1 as follows:
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(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
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Sec. 6-106.1. School bus driver permit.
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(a) The Secretary of State shall issue a school bus driver
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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
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fingerprinting requirements shall not be subjected to the
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fingerprinting process when applying for subsequent permits or
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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
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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
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Section shall be deposited into the Road
Fund for the purpose | ||
of defraying the costs of the Secretary of State in
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administering this Section. All applicants must:
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1. be 21 years of age or older;
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2. possess a valid and properly classified driver's | ||
license
issued by the Secretary of State;
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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
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disqualified within the 3 years immediately prior to the | ||
date of application;
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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;
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5. demonstrate ability to exercise reasonable care in | ||
the operation of
school buses in accordance with rules | ||
promulgated by the Secretary of State;
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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;
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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;
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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
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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;
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9. not have been under an order of court supervision | ||
for or convicted of 2 or more serious traffic offenses, as
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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;
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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;
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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,
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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,
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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,
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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,
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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
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(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;
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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
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safe operation of a motor vehicle or disrespect for the | ||
traffic laws and
the safety of other persons upon the | ||
highway;
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13. not have, through the unlawful operation of a | ||
motor
vehicle, caused an accident resulting in the death | ||
of any person;
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14. not have, within the last 5 years, been adjudged | ||
to be
afflicted with or suffering from any mental | ||
disability or disease;
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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
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Section.
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(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.
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(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
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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
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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.
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(e) Permits shall initially be provisional upon receiving
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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.
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(f) A school bus driver permit holder shall notify the
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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.
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(g) Cancellation; suspension; notice and procedure.
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(1) The Secretary of State shall cancel a school bus
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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.
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(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.
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(3) The Secretary of State shall cancel a school bus
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driver permit if the permit holder's restricted commercial | ||
or
commercial driving privileges are withdrawn or | ||
otherwise
invalidated.
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(4) The Secretary of State may not issue a school bus
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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.
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(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.
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(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
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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.
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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.
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(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.)
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