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92_SB0113eng SB113 Engrossed LRB9202571DHmg 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 amendatory Act of the 92nd 28 General Assembly possess a valid school bus driver permit 29 that has been previously issued by the appropriate Regional 30 School Superintendent arenotsubject to the fingerprinting 31 provisions of this Section. The fingerprinting requirements SB113 Engrossed -2- LRB9202571DHmg 1 for these individuals must be completed by January 1, 2002. 2as long as the permit remains valid and does not lapse.3 Both State and federal fingerprint cards of individuals 4 seeking permits as school bus drivers shall be transmitted to 5 the Department of State Police for processing and storage of 6 the fingerprint cards. Applicants shall be electronically 7 fingerprinted by a sheriff's department or by an agent of the 8 Department of State Police or other State agency providing 9 electronic fingerprint services in a form and manner 10 prescribed by the Department of State Police and the 11 Secretary of State through written agreement. The applicant 12 shall be required to pay all related fees as established by 13 rule, including but not limited to the electronic 14 fingerprinting service fee and the fees established by the 15 Department of State Police and Federal Bureau of 16 Investigation for processing fingerprint-based criminal 17 history background investigations. However, those school bus 18 drivers required to undergo fingerprinting-based criminal 19 background investigations, required by this amendatory Act of 20 the 92nd General Assembly, shall not be required to pay the 21 fingerprinting fees. Subject to appropriation, the State 22 Board of Education shall reimburse schools for the cost of 23 the fingerprinting fees. All fingerprinting fees shall be 24 paid by the school district. Both those districts that 25 contract for school bus service and those districts that 26 operate their own school buses shall be eligible for 27 reimbursement. Fees associated with electronic fingerprinting 28 shall be retained by the sheriff's department if it performed 29 the fingerprinting service or deposited in the State Police 30 Services Fund if an agent of the State performed the 31 electronic fingerprinting service. 32 The applicant shall be required to pay all related 33 applicationand fingerprintingfees as established by rule. 34including, but not limited to, the amounts established by theSB113 Engrossed -3- LRB9202571DHmg 1Department of State Police and the Federal Bureau of2Investigation to process fingerprint based criminal3background investigations. All fees paid for fingerprint4processing services under this Section shall be deposited5into the State Police Services Fund for the cost incurred in6processing the fingerprint based criminal background7investigations.All other fees paid under this Section shall 8 be deposited into the Road Fund for the purpose of defraying 9 the costs of the Secretary of State in administering this 10 Section. All applicants must: 11 1. be 21 years of age or older; 12 2. possess a valid and properly classified driver's 13 license issued by the Secretary of State; 14 3. possess a valid driver's license, which has not 15 been revoked, suspended, or canceled for 3 years 16 immediately prior to the date of application, or have not 17 had his or her commercial motor vehicle driving 18 privileges disqualified within the 3 years immediately 19 prior to the date of application; 20 4. successfully pass a written test, administered 21 by the Secretary of State, on school bus operation, 22 school bus safety, and special traffic laws relating to 23 school buses and submit to a review of the applicant's 24 driving habits by the Secretary of State at the time the 25 written test is given; 26 5. demonstrate ability to exercise reasonable care 27 in the operation of school buses in accordance with rules 28 promulgated by the Secretary of State; 29 6. demonstrate physical fitness to operate school 30 buses by submitting the results of a medical examination, 31 including tests for drug use for each applicant not 32 subject to such testing pursuant to federal law, 33 conducted by a licensed physician within 90 days of the 34 date of application according to standards promulgated by SB113 Engrossed -4- LRB9202571DHmg 1 the Secretary of State; 2 7. affirm under penalties of perjury that he or she 3 has not made a false statement or knowingly concealed a 4 material fact in any application for permit; 5 8. have completed an initial classroom course, 6 including first aid procedures, in school bus driver 7 safety as promulgated by the Secretary of State; and 8 after satisfactory completion of said initial course an 9 annual refresher course; such courses and the agency or 10 organization conducting such courses shall be approved by 11 the Secretary of State; failure to complete the annual 12 refresher course, shall result in cancellation of the 13 permit until such course is completed; 14 9. not have been convicted of 2 or more serious 15 traffic offenses, as defined by rule, within one year 16 prior to the date of application that may endanger the 17 life or safety of any of the driver's passengers within 18 the duration of the permit period; 19 10. not have been convicted of reckless driving, 20 driving while intoxicated, or reckless homicide resulting 21 from the operation of a motor vehicle within 3 years of 22 the date of application; 23 11. not have been convicted of committing or 24 attempting to commit any one or more of the following 25 offenses: (i) those offenses defined in Sections 9-1, 26 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 27 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 28 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 29 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 30 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 31 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 32 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 33 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 34 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and SB113 Engrossed -5- LRB9202571DHmg 1 subsection (b), clause (1), of Section 12-4 of the 2 Criminal Code of 1961; (ii) those offenses defined in the 3 Cannabis Control Act except those offenses defined in 4 subsections (a) and (b) of Section 4, and subsection (a) 5 of Section 5 of the Cannabis Control Act; (iii) those 6 offenses defined in the Illinois Controlled Substances 7 Act; (iv) any offense committed or attempted in any other 8 state or against the laws of the United States, which if 9 committed or attempted in this State would be punishable 10 as one or more of the foregoing offenses; (v) the 11 offenses defined in Section 4.1 and 5.1 of the Wrongs to 12 Children Act and (vi) those offenses defined in Section 13 6-16 of the Liquor Control Act of 1934; 14 12. not have been repeatedly involved as a driver 15 in motor vehicle collisions or been repeatedly convicted 16 of offenses against laws and ordinances regulating the 17 movement of traffic, to a degree which indicates lack of 18 ability to exercise ordinary and reasonable care in the 19 safe operation of a motor vehicle or disrespect for the 20 traffic laws and the safety of other persons upon the 21 highway; 22 13. not have, through the unlawful operation of a 23 motor vehicle, caused an accident resulting in the death 24 of any person; and 25 14. not have, within the last 5 years, been 26 adjudged to be afflicted with or suffering from any 27 mental disability or disease. 28 (b) A school bus driver permit shall be valid for a 29 period specified by the Secretary of State as set forth by 30 rule. It shall be renewable upon compliance with subsection 31 (a) of this Section. 32 (c) A school bus driver permit shall contain the 33 holder's driver's license number, name, address, zip code, 34 social security number and date of birth, a brief description SB113 Engrossed -6- LRB9202571DHmg 1 of the holder and a space for signature. The Secretary of 2 State may require a suitable photograph of the holder. 3 (d) The employer shall be responsible for conducting a 4 pre-employment interview with prospective school bus driver 5 candidates, distributing school bus driver applications and 6 medical forms to be completed by the applicant, and having 7 the applicant electronically fingerprinted by a sheriff's 8 department or an agent of the Department of State Police or 9 other State agency and insuring electronic transmission 10submitting the applicant's fingerprint cardsto the 11 Department of State Police in a form and manner prescribed by 12 the Department of State Police and the Secretary of State 13 through written agreement asthat arerequired for the 14 criminal background investigations. The employer shall 15 certify in writing to the Secretary of State that all 16 pre-employment conditions have been successfully completed 17 including the successful completion of an Illinois specific 18 criminal background investigation through the Department of 19 State Police and the submission of necessary fingerprints to 20 the Federal Bureau of Investigation for criminal history 21 information available through the Federal Bureau of 22 Investigation system. The applicant shall present the 23 certification to the Secretary of State at the time of 24 submitting the school bus driver permit application. 25 (e) Permits shall initially be provisional upon 26 receiving certification from the employer that all 27 pre-employment conditions have been successfully completed, 28 and upon successful completion of all training and 29 examination requirements for the classification of the 30 vehicle to be operated, the Secretary of State shall 31 provisionally issue a School Bus Driver Permit. The permit 32 shall remain in a provisional status pending the completion 33 of the Federal Bureau of Investigation's criminal background 34 investigation based upon fingerprinting specimens submitted SB113 Engrossed -7- LRB9202571DHmg 1 to the Federal Bureau of Investigation by the Department of 2 State Police. The Federal Bureau of Investigation shall 3 report the findings directly to the Secretary of State. The 4 Secretary of State shall remove the bus driver permit from 5 provisional status upon the applicant's successful completion 6 of the Federal Bureau of Investigation's criminal background 7 investigation. 8 (f) A school bus driver permit holder shall notify the 9 employer and the Secretary of State if he or she is convicted 10 in another state of an offense that would make him or her 11 ineligible for a permit under subsection (a) of this Section. 12 The written notification shall be made within 5 days of the 13 entry of the conviction. Failure of the permit holder to 14 provide the notification is punishable as a petty offense for 15 a first violation and a Class B misdemeanor for a second or 16 subsequent violation. 17 (g) Cancellation; suspension; notice and procedure. 18 (1) The Secretary of State shall cancel a school 19 bus driver permit of an applicant whose criminal 20 background investigation discloses that he or she is not 21 in compliance with the provisions of subsection (a) of 22 this Section. 23 (2) The Secretary of State shall cancel a school 24 bus driver permit when he or she receives notice that the 25 permit holder fails to comply with any provision of this 26 Section or any rule promulgated for the administration of 27 this Section. 28 (3) The Secretary of State shall cancel a school 29 bus driver permit if the permit holder's restricted 30 commercial or commercial driving privileges are withdrawn 31 or otherwise invalidated. 32 (4) The Secretary of State may not issue a school 33 bus driver permit for a period of 3 years to an applicant 34 who fails to obtain a negative result on a drug test as SB113 Engrossed -8- LRB9202571DHmg 1 required in item 6 of subsection (a) of this Section or 2 under federal law. 3 (5) The Secretary of State shall forthwith suspend 4 a school bus driver permit for a period of 3 years upon 5 receiving notice that the holder has failed to obtain a 6 negative result on a drug test as required in item 6 of 7 subsection (a) of this Section or under federal law. 8 The Secretary of State shall notify the State 9 Superintendent of Education and the permit holder's 10 prospective or current employer that the applicant has (1) 11 has failed a criminal background investigation or (2) is no 12 longer eligible for a school bus driver permit; and of the 13 related cancellation of the applicant's provisional school 14 bus driver permit. The cancellation shall remain in effect 15 pending the outcome of a hearing pursuant to Section 2-118 16 of this Code. The scope of the hearing shall be limited to 17 the issuance criteria contained in subsection (a) of this 18 Section. A petition requesting a hearing shall be submitted 19 to the Secretary of State and shall contain the reason the 20 individual feels he or she is entitled to a school bus driver 21 permit. The permit holder's employer shall notify in writing 22 to the Secretary of State that the employer has certified the 23 removal of the offending school bus driver from service prior 24 to the start of that school bus driver's next workshift. An 25 employing school board that fails to remove the offending 26 school bus driver from service is subject to the penalties 27 defined in Section 3-14.23 of the School Code. A school bus 28 contractor who violates a provision of this Section is 29 subject to the penalties defined in Section 6-106.11. 30 All valid school bus driver permits issued under this 31 Section prior to January 1, 1995, shall remain effective 32 until their expiration date unless otherwise invalidated. 33 (Source: P.A. 90-191, eff. 1-1-98; 91-500, eff. 8-13-99.) SB113 Engrossed -9- LRB9202571DHmg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.