Public Act 097-0466
 
HB0147 EnrolledLRB097 05336 HEP 45391 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 and by adding Section 6-106.1c as follows:
 
 

    (625 ILCS 5/6-106.1)

 
    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
Department of
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 the effective date of this 
Act 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 Department of
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, an advanced practice nurse
who has a 
    written collaborative agreement with
a collaborating 
    physician which authorizes him or her to perform medical

    examinations, or a physician assistant who has been 
    delegated the
performance of medical examinations by his or 
    her supervising physician
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 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 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 8-1.2, 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, 11-6, 11-6.5, 11-6.6,
11-9, 
    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.3, 11-21, 11-22, 11-23, 
    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 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,

    12-6, 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, 12-16.2, 12-21.5, 
    12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 
    18-5,
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, 
    31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of 
    Section 8-1, and in subsection (a) and subsection (b), 
    clause (1), of Section
12-4, and in subsection (A), clauses 
    (a) and (b), of Section 24-3, and those offenses contained 
    in Article 29D of the Criminal Code of 1961; (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; 
    (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; (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; and

        14. not have, within the last 5 years, been adjudged to 
    be
afflicted with or suffering from any mental disability 
    or disease; and .

        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.
    (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, social
security number 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 Department of 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
Department of 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 Department of 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 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 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. 
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; 
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. 
7-22-10; revised 9-2-10.)

  
 
    (625 ILCS 5/6-106.1c new)
    Sec. 6-106.1c. Reasonable suspicion drug and alcohol 
testing of school bus driver permit holders.
    (a) An employer of a school bus driver permit holder who 
holds a commercial driver's license and who works for the 
employer as a school bus driver and is therefore subject to 49 
CFR 382.307 shall notify the Secretary of State, in a manner 
and form prescribed by the Secretary, of the result of a 
reasonable suspicion test when: (i) the test indicates an 
alcohol concentration greater than 0.00; (ii) the test 
indicates a positive result on a National Institute on Drug 
Abuse five-drug panel utilizing the federal standards set forth 
in 49 CFR 40.87; or (iii) when a driver refuses testing. The 
notification to the Secretary must be submitted within 48 hours 
of the refusal of testing or the employer's receipt of the test 
results.
    (b) Employers of school bus driver permit holders who do 
not hold commercial driver's licenses and school bus driver 
permit holders who do not hold commercial driver's licenses are 
hereby made subject to 49 CFR 382.307 regarding reasonable 
suspicion testing, which must be done in conformance with 49 
CFR Parts 40 and 382, except that the test results shall not be 
reported to the employer utilizing the Federal Drug Testing 
Custody and Control Form or the U.S. Department of 
Transportation Alcohol Testing Form, but shall be reported to 
the employer in a manner and form approved by the Secretary.  
The employer shall notify the Secretary, in a manner and form 
prescribed by the Secretary, of the result of a reasonable 
suspicion test when: (i) the test indicates an alcohol 
concentration greater than 0.00; (ii) the test indicates a 
positive result on a National Institute on Drug Abuse five-drug 
panel utilizing the federal standards set forth in 49 CFR 
40.87; or (iii) when a driver refuses testing. The notification 
to the Secretary must be submitted within 48 hours of the 
refusal of testing or the employer's receipt of the test 
results.
    (c) The Secretary of State may adopt rules to implement 
this Section.
    (d) The cost of a reasonable suspicion test shall be the 
responsibility of the employer, unless otherwise provided by 
contract or a collective bargaining agreement. 
 

    Section 99. Effective date. This Act takes effect January 
1, 2012.