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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0528ham002
LRB9102440KSksam
1 AMENDMENT TO HOUSE BILL 528
2 AMENDMENT NO. . Amend House Bill 528, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
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
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1 have completed the fingerprinting requirements shall not be
2 subjected to the fingerprinting process when applying for
3 subsequent permits or submitting proof of successful
4 completion of the annual refresher course. Individuals who
5 on the effective date of this Act possess a valid school bus
6 driver permit that has been previously issued by the
7 appropriate Regional School Superintendent are not subject to
8 the fingerprinting provisions of this Section as long as the
9 permit remains valid and does not lapse. The applicant shall
10 be required to pay all related application and fingerprinting
11 fees as established by rule including, but not limited to,
12 the amounts established by the Department of State Police and
13 the Federal Bureau of Investigation to process fingerprint
14 based criminal background investigations. All fees paid for
15 fingerprint processing services under this Section shall be
16 deposited into the State Police Services Fund for the cost
17 incurred in processing the fingerprint based criminal
18 background investigations. All other fees paid under this
19 Section shall be deposited into the Road Fund for the purpose
20 of defraying the costs of the Secretary of State in
21 administering this Section. All applicants must:
22 1. be 21 years of age or older;
23 2. possess a valid and properly classified driver's
24 license issued by the Secretary of State;
25 3. possess a valid driver's license, which has not
26 been revoked or suspended, for 3 years immediately prior
27 to the date of application;
28 4. successfully pass a written test, administered
29 by the Secretary of State, on school bus operation,
30 school bus safety, and special traffic laws relating to
31 school buses and submit to a review of the applicant's
32 driving habits by the Secretary of State at the time the
33 written test is given;
34 5. demonstrate ability to exercise reasonable care
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1 in the operation of school buses in accordance with rules
2 promulgated by the Secretary of State;
3 6. demonstrate physical fitness to operate school
4 buses by submitting the results of a medical examination,
5 including tests for drug use for each applicant not
6 subject to such testing pursuant to federal law,
7 conducted by a licensed physician within 90 days of the
8 date of application according to standards promulgated by
9 the Secretary of State;
10 7. affirm under penalties of perjury that he or she
11 has not made a false statement or knowingly concealed a
12 material fact in any application for permit;
13 8. have completed an initial classroom course,
14 including first aid procedures, in school bus driver
15 safety as promulgated by the Secretary of State; and
16 after satisfactory completion of said initial course an
17 annual refresher course, which shall include in the first
18 year, and at least once every 5 years thereafter, a
19 certification class in cardiopulmonary resuscitation
20 certified by the American Red Cross or other organization
21 approved by the Secretary of State; such courses and the
22 agency or organization conducting such courses shall be
23 approved by the Secretary of State; failure to complete
24 the annual refresher course, shall result in cancellation
25 of the permit until such course is completed;
26 9. not have been convicted of 2 or more serious
27 traffic offenses, as defined by rule, within one year
28 prior to the date of application that may endanger the
29 life or safety of any of the driver's passengers within
30 the duration of the permit period;
31 10. not have been convicted of reckless driving,
32 driving while intoxicated, or reckless homicide resulting
33 from the operation of a motor vehicle within 3 years of
34 the date of application;
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1 11. not have been convicted of committing or
2 attempting to commit any one or more of the following
3 offenses: (i) those offenses defined in Sections 9-1,
4 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
5 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
6 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
7 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
8 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
9 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
10 31A-1.1, and 33A-2, and in subsection (a) and subsection
11 (b), clause (1), of Section 12-4 of the Criminal Code of
12 1961; (ii) those offenses defined in the Cannabis Control
13 Act except those offenses defined in subsections (a) and
14 (b) of Section 4, and subsection (a) of Section 5 of the
15 Cannabis Control Act; (iii) those offenses defined in the
16 Illinois Controlled Substances Act; (iv) any offense
17 committed or attempted in any other state or against the
18 laws of the United States, which if committed or
19 attempted in this State would be punishable as one or
20 more of the foregoing offenses; (v) the offenses defined
21 in Section 4.1 and 5.1 of the Wrongs to Children Act and
22 (vi) those offenses defined in Section 6-16 of the Liquor
23 Control Act of 1934;
24 12. not have been repeatedly involved as a driver
25 in motor vehicle collisions or been repeatedly convicted
26 of offenses against laws and ordinances regulating the
27 movement of traffic, to a degree which indicates lack of
28 ability to exercise ordinary and reasonable care in the
29 safe operation of a motor vehicle or disrespect for the
30 traffic laws and the safety of other persons upon the
31 highway;
32 13. not have, through the unlawful operation of a
33 motor vehicle, caused an accident resulting in the death
34 of any person; and
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1 14. not have, within the last 5 years, been
2 adjudged to be afflicted with or suffering from any
3 mental disability or disease.
4 (b) A school bus driver permit shall be valid for a
5 period specified by the Secretary of State as set forth by
6 rule. It shall be renewable upon compliance with subsection
7 (a) of this Section.
8 (c) A school bus driver permit shall contain the
9 holder's driver's license number, name, address, zip code,
10 social security number and date of birth, a brief description
11 of the holder and a space for signature. The Secretary of
12 State may require a suitable photograph of the holder.
13 (d) The employer shall be responsible for conducting a
14 pre-employment interview with prospective school bus driver
15 candidates, distributing school bus driver applications and
16 medical forms to be completed by the applicant, and
17 submitting the applicant's fingerprint cards to the
18 Department of State Police that are required for the criminal
19 background investigations. The employer shall certify in
20 writing to the Secretary of State that all pre-employment
21 conditions have been successfully completed including the
22 successful completion of an Illinois specific criminal
23 background investigation through the Department of State
24 Police and the submission of necessary fingerprints to the
25 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. 89-71, eff. 1-1-96; 89-120, eff. 7-7-95;
5 89-375, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462, eff.
6 5-29-96; 89-626, eff. 8-9-96; 90-191, eff. 1-1-98.)".