Bill Amendment: IL HB1688 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSPORTATION-TECH
Status: 2023-01-10 - Passed Both Houses [HB1688 Detail]
Download: Illinois-2021-HB1688-House_Amendment_001.html
Bill Title: TRANSPORTATION-TECH
Status: 2023-01-10 - Passed Both Houses [HB1688 Detail]
Download: Illinois-2021-HB1688-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1688
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2 | AMENDMENT NO. ______. Amend House Bill 1688 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 1-217 and 6-106.1 as follows:
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6 | (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
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7 | Sec. 1-217. Vehicle. Every device, in, upon or by which | ||||||
8 | any person or
property is or may be transported or drawn upon a | ||||||
9 | highway or requiring a
certificate of title under Section | ||||||
10 | 3-101(d) of this Code, except
devices
moved by human power, | ||||||
11 | devices used exclusively upon stationary rails or
tracks , and | ||||||
12 | snowmobiles as defined in the Snowmobile Registration and
| ||||||
13 | Safety Act.
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14 | For the purposes of this Code, unless otherwise | ||||||
15 | prescribed, a device
shall be considered to be a vehicle until | ||||||
16 | such time it either comes within
the definition of a junk |
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1 | vehicle, as defined under this Code, or a junking
certificate | ||||||
2 | is issued for it.
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3 | For this Code, vehicles are divided into 2 divisions:
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4 | First Division: Those motor vehicles which are designed | ||||||
5 | for the carrying
of not more than 10 persons.
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6 | Second Division: Those vehicles which are designed for | ||||||
7 | carrying more than
10 persons, those designed or used for | ||||||
8 | living quarters and those vehicles
which are designed for | ||||||
9 | pulling or carrying property, freight , or cargo and ,
those | ||||||
10 | motor vehicles of the First Division remodelled for use and | ||||||
11 | used as
motor vehicles of the Second Division , and those motor | ||||||
12 | vehicles of the
First Division used and registered as school | ||||||
13 | buses .
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14 | (Source: P.A. 92-812, eff. 8-21-02.)
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15 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
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16 | Sec. 6-106.1. School bus driver permit.
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17 | (a) The Secretary of State shall issue a school bus driver
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18 | permit for the operation of first or second division vehicles | ||||||
19 | being operated as school buses or a permit valid only for the | ||||||
20 | operation of first division vehicles being operated as school | ||||||
21 | buses to those applicants who have met all the requirements of | ||||||
22 | the
application and screening process under this Section to | ||||||
23 | insure the
welfare and safety of children who are transported | ||||||
24 | on school buses
throughout the State of Illinois. Applicants | ||||||
25 | shall obtain the
proper application required by the Secretary |
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1 | of State from their
prospective or current employer and submit | ||||||
2 | the completed
application to the prospective or current | ||||||
3 | employer along
with the necessary fingerprint submission as | ||||||
4 | required by the Illinois
State Police to conduct fingerprint | ||||||
5 | based criminal background
checks on current and future | ||||||
6 | information available in the state
system and current | ||||||
7 | information available through the Federal Bureau
of | ||||||
8 | Investigation's system. Applicants who have completed the
| ||||||
9 | fingerprinting requirements shall not be subjected to the
| ||||||
10 | fingerprinting process when applying for subsequent permits or
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11 | submitting proof of successful completion of the annual | ||||||
12 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
13 | effective date of Public Act 88-612) possess a valid
school | ||||||
14 | bus driver permit that has been previously issued by the | ||||||
15 | appropriate
Regional School Superintendent are not subject to | ||||||
16 | the fingerprinting
provisions of this Section as long as the | ||||||
17 | permit remains valid and does not
lapse. The applicant shall | ||||||
18 | be required to pay all related
application and fingerprinting | ||||||
19 | fees as established by rule
including, but not limited to, the | ||||||
20 | amounts established by the Illinois
State Police and the | ||||||
21 | Federal Bureau of Investigation to process
fingerprint based | ||||||
22 | criminal background investigations. All fees paid for
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23 | fingerprint processing services under this Section shall be | ||||||
24 | deposited into the
State Police Services Fund for the cost | ||||||
25 | incurred in processing the fingerprint
based criminal | ||||||
26 | background investigations. All other fees paid under this
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1 | Section shall be deposited into the Road
Fund for the purpose | ||||||
2 | of defraying the costs of the Secretary of State in
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3 | administering this Section. All applicants must:
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4 | 1. be 21 years of age or older;
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5 | 2. possess a valid and properly classified driver's | ||||||
6 | license
issued by the Secretary of State;
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7 | 3. possess a valid driver's license, which has not | ||||||
8 | been
revoked, suspended, or canceled for 3 years | ||||||
9 | immediately prior to
the date of application, or have not | ||||||
10 | had his or her commercial motor vehicle
driving privileges
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11 | disqualified within the 3 years immediately prior to the | ||||||
12 | date of application;
| ||||||
13 | 4. successfully pass a first division or second | ||||||
14 | division written test, administered by the
Secretary of | ||||||
15 | State, on school bus operation, school bus safety, and
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16 | special traffic laws relating to school buses and submit | ||||||
17 | to a review
of the applicant's driving habits by the | ||||||
18 | Secretary of State at the time the
written test is given;
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19 | 5. demonstrate ability to exercise reasonable care in | ||||||
20 | the operation of
school buses in accordance with rules | ||||||
21 | promulgated by the Secretary of State;
| ||||||
22 | 6. demonstrate physical fitness to operate school | ||||||
23 | buses by
submitting the results of a medical examination, | ||||||
24 | including tests for drug
use for each applicant not | ||||||
25 | subject to such testing pursuant to
federal law, conducted | ||||||
26 | by a licensed physician, a licensed advanced practice |
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1 | registered nurse, or a licensed physician assistant
within | ||||||
2 | 90 days of the date
of application according to standards | ||||||
3 | promulgated by the Secretary of State;
| ||||||
4 | 7. affirm under penalties of perjury that he or she | ||||||
5 | has not made a
false statement or knowingly concealed a | ||||||
6 | material fact
in any application for permit;
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7 | 8. have completed an initial classroom course, | ||||||
8 | including first aid
procedures, in school bus driver | ||||||
9 | safety as promulgated by the Secretary of
State; and after | ||||||
10 | satisfactory completion of said initial course an annual
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11 | refresher course; such courses and the agency or | ||||||
12 | organization conducting such
courses shall be approved by | ||||||
13 | the Secretary of State; failure to
complete the annual | ||||||
14 | refresher course, shall result in
cancellation of the | ||||||
15 | permit until such course is completed;
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16 | 9. not have been under an order of court supervision | ||||||
17 | for or convicted of 2 or more serious traffic offenses, as
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18 | defined by rule, within one year prior to the date of | ||||||
19 | application that may
endanger the life or safety of any of | ||||||
20 | the driver's passengers within the
duration of the permit | ||||||
21 | period;
| ||||||
22 | 10. not have been under an order of court supervision | ||||||
23 | for or convicted of reckless driving, aggravated reckless | ||||||
24 | driving, driving while under the influence of alcohol, | ||||||
25 | other drug or drugs, intoxicating compound or compounds or | ||||||
26 | any combination thereof, or reckless homicide resulting |
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1 | from the operation of a motor
vehicle within 3 years of the | ||||||
2 | date of application;
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3 | 11. not have been convicted of committing or | ||||||
4 | attempting
to commit any
one or more of the following | ||||||
5 | offenses: (i) those offenses defined in
Sections 8-1, | ||||||
6 | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||||||
7 | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | ||||||
8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
9 | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||||||
10 | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
11 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
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12 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||||||
13 | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||||||
14 | 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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15 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | ||||||
16 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
17 | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||||||
18 | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
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19 | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
20 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
21 | 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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22 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
23 | of Section 24-3, and those offenses contained in Article | ||||||
24 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
26 | Act except those offenses defined in subsections (a) and
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1 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
2 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
3 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
4 | defined in the Methamphetamine Control and Community | ||||||
5 | Protection Act; and (v) any offense committed or attempted | ||||||
6 | in any other state or against
the laws of the United | ||||||
7 | States, which if committed or attempted in this
State | ||||||
8 | would be punishable as one or more of the foregoing | ||||||
9 | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | ||||||
10 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
12 | those offenses defined in Section 6-16 of the Liquor | ||||||
13 | Control Act of
1934;
and (viii) those offenses defined in | ||||||
14 | the Methamphetamine Precursor Control Act;
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15 | 12. not have been repeatedly involved as a driver in | ||||||
16 | motor vehicle
collisions or been repeatedly convicted of | ||||||
17 | offenses against
laws and ordinances regulating the | ||||||
18 | movement of traffic, to a degree which
indicates lack of | ||||||
19 | ability to exercise ordinary and reasonable care in the
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20 | safe operation of a motor vehicle or disrespect for the | ||||||
21 | traffic laws and
the safety of other persons upon the | ||||||
22 | highway;
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23 | 13. not have, through the unlawful operation of a | ||||||
24 | motor
vehicle, caused an accident resulting in the death | ||||||
25 | of any person;
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26 | 14. not have, within the last 5 years, been adjudged |
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1 | to be
afflicted with or suffering from any mental | ||||||
2 | disability or disease;
| ||||||
3 | 15. consent, in writing, to the release of results of | ||||||
4 | reasonable suspicion drug and alcohol testing under | ||||||
5 | Section 6-106.1c of this Code by the employer of the | ||||||
6 | applicant to the Secretary of State; and | ||||||
7 | 16. not have been convicted of committing or | ||||||
8 | attempting to commit within the last 20 years: (i) an | ||||||
9 | offense defined in subsection (c) of Section 4, subsection | ||||||
10 | (b) of Section 5, and subsection (a) of Section 8 of the | ||||||
11 | Cannabis Control Act; or (ii) any offenses in any other | ||||||
12 | state or against the laws of the United States that, if | ||||||
13 | committed or attempted in this State, would be punishable | ||||||
14 | as one or more of the foregoing offenses. | ||||||
15 | (a-5) The Secretary of State, in conjunction with the | ||||||
16 | Illinois State Board of Education, shall
develop a separate | ||||||
17 | classroom course and refresher course for operation of | ||||||
18 | vehicles of the
first division being operated as school buses. | ||||||
19 | Regional superintendents of schools,
working with the Illinois | ||||||
20 | State Board of Education, shall offer the course. | ||||||
21 | (b) A school bus driver permit shall be valid for a period | ||||||
22 | specified by
the Secretary of State as set forth by rule. It | ||||||
23 | shall be renewable upon compliance with subsection (a) of this
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24 | Section.
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25 | (c) A school bus driver permit shall contain the holder's | ||||||
26 | driver's
license number, legal name, residence address, zip |
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1 | code, and date
of birth, a brief description of the holder and | ||||||
2 | a space for signature. The
Secretary of State may require a | ||||||
3 | suitable photograph of the holder.
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4 | (d) The employer shall be responsible for conducting a | ||||||
5 | pre-employment
interview with prospective school bus driver | ||||||
6 | candidates, distributing school
bus driver applications and | ||||||
7 | medical forms to be completed by the applicant, and
submitting | ||||||
8 | the applicant's fingerprint cards to the Illinois State Police
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9 | that are required for the criminal background investigations. | ||||||
10 | The employer
shall certify in writing to the Secretary of | ||||||
11 | State that all pre-employment
conditions have been | ||||||
12 | successfully completed including the successful completion
of | ||||||
13 | an Illinois specific criminal background investigation through | ||||||
14 | the Illinois
State Police and the submission of necessary
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15 | fingerprints to the Federal Bureau of Investigation for | ||||||
16 | criminal
history information available through the Federal | ||||||
17 | Bureau of
Investigation system. The applicant shall present | ||||||
18 | the
certification to the Secretary of State at the time of | ||||||
19 | submitting
the school bus driver permit application.
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20 | (e) Permits shall initially be provisional upon receiving
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21 | certification from the employer that all pre-employment | ||||||
22 | conditions
have been successfully completed, and upon | ||||||
23 | successful completion of
all training and examination | ||||||
24 | requirements for the classification of
the vehicle to be | ||||||
25 | operated, the Secretary of State shall
provisionally issue a | ||||||
26 | School Bus Driver Permit. The permit shall
remain in a |
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1 | provisional status pending the completion of the
Federal | ||||||
2 | Bureau of Investigation's criminal background investigation | ||||||
3 | based
upon fingerprinting specimens submitted to the Federal | ||||||
4 | Bureau of
Investigation by the Illinois State Police. The | ||||||
5 | Federal Bureau of
Investigation shall report the findings | ||||||
6 | directly to the Secretary
of State. The Secretary of State | ||||||
7 | shall remove the bus driver
permit from provisional status | ||||||
8 | upon the applicant's successful
completion of the Federal | ||||||
9 | Bureau of Investigation's criminal
background investigation.
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10 | (f) A school bus driver permit holder shall notify the
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11 | employer and the Secretary of State if he or she is issued an | ||||||
12 | order of court supervision for or convicted in
another state | ||||||
13 | of an offense that would make him or her ineligible
for a | ||||||
14 | permit under subsection (a) of this Section. The
written | ||||||
15 | notification shall be made within 5 days of the entry of
the | ||||||
16 | order of court supervision or conviction. Failure of the | ||||||
17 | permit holder to provide the
notification is punishable as a | ||||||
18 | petty
offense for a first violation and a Class B misdemeanor | ||||||
19 | for a
second or subsequent violation.
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20 | (g) Cancellation; suspension; notice and procedure.
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21 | (1) The Secretary of State shall cancel a school bus
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22 | driver permit of an applicant whose criminal background | ||||||
23 | investigation
discloses that he or she is not in | ||||||
24 | compliance with the provisions of subsection
(a) of this | ||||||
25 | Section.
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26 | (2) The Secretary of State shall cancel a school
bus |
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1 | driver permit when he or she receives notice that the | ||||||
2 | permit holder fails
to comply with any provision of this | ||||||
3 | Section or any rule promulgated for the
administration of | ||||||
4 | this Section.
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5 | (3) The Secretary of State shall cancel a school bus
| ||||||
6 | driver permit if the permit holder's restricted commercial | ||||||
7 | or
commercial driving privileges are withdrawn or | ||||||
8 | otherwise
invalidated.
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9 | (4) The Secretary of State may not issue a school bus
| ||||||
10 | driver permit for a period of 3 years to an applicant who | ||||||
11 | fails to
obtain a negative result on a drug test as | ||||||
12 | required in item 6 of
subsection (a) of this Section or | ||||||
13 | under federal law.
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14 | (5) The Secretary of State shall forthwith suspend
a | ||||||
15 | school bus driver permit for a period of 3 years upon | ||||||
16 | receiving
notice that the holder has failed to obtain a | ||||||
17 | negative result on a
drug test as required in item 6 of | ||||||
18 | subsection (a) of this Section
or under federal law.
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19 | (6) The Secretary of State shall suspend a school bus | ||||||
20 | driver permit for a period of 3 years upon receiving | ||||||
21 | notice from the employer that the holder failed to perform | ||||||
22 | the inspection procedure set forth in subsection (a) or | ||||||
23 | (b) of Section 12-816 of this Code. | ||||||
24 | (7) The Secretary of State shall suspend a school bus | ||||||
25 | driver permit for a period of 3 years upon receiving | ||||||
26 | notice from the employer that the holder refused to submit |
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1 | to an alcohol or drug test as required by Section 6-106.1c | ||||||
2 | or has submitted to a test required by that Section which | ||||||
3 | disclosed an alcohol concentration of more than 0.00 or | ||||||
4 | disclosed a positive result on a National Institute on | ||||||
5 | Drug Abuse five-drug panel, utilizing federal standards | ||||||
6 | set forth in 49 CFR 40.87. | ||||||
7 | The Secretary of State shall notify the State | ||||||
8 | Superintendent
of Education and the permit holder's | ||||||
9 | prospective or current
employer that the applicant has (1) has | ||||||
10 | failed a criminal
background investigation or (2) is no
longer | ||||||
11 | eligible for a school bus driver permit; and of the related
| ||||||
12 | cancellation of the applicant's provisional school bus driver | ||||||
13 | permit. The
cancellation shall remain in effect pending the | ||||||
14 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
15 | The scope of the
hearing shall be limited to the issuance | ||||||
16 | criteria contained in
subsection (a) of this Section. A | ||||||
17 | petition requesting a
hearing shall be submitted to the | ||||||
18 | Secretary of State and shall
contain the reason the individual | ||||||
19 | feels he or she is entitled to a
school bus driver permit. The | ||||||
20 | permit holder's
employer shall notify in writing to the | ||||||
21 | Secretary of State
that the employer has certified the removal | ||||||
22 | of the offending school
bus driver from service prior to the | ||||||
23 | start of that school bus
driver's next workshift. An employing | ||||||
24 | school board that fails to
remove the offending school bus | ||||||
25 | driver from service is
subject to the penalties defined in | ||||||
26 | Section 3-14.23 of the School Code. A
school bus
contractor |
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| |||||||
1 | who violates a provision of this Section is
subject to the | ||||||
2 | penalties defined in Section 6-106.11.
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3 | All valid school bus driver permits issued under this | ||||||
4 | Section
prior to January 1, 1995, shall remain effective until | ||||||
5 | their
expiration date unless otherwise invalidated.
| ||||||
6 | (h) When a school bus driver permit holder who is a service | ||||||
7 | member is called to active duty, the employer of the permit | ||||||
8 | holder shall notify the Secretary of State, within 30 days of | ||||||
9 | notification from the permit holder, that the permit holder | ||||||
10 | has been called to active duty. Upon notification pursuant to | ||||||
11 | this subsection, (i) the Secretary of State shall characterize | ||||||
12 | the permit as inactive until a permit holder renews the permit | ||||||
13 | as provided in subsection (i) of this Section, and (ii) if a | ||||||
14 | permit holder fails to comply with the requirements of this | ||||||
15 | Section while called to active duty, the Secretary of State | ||||||
16 | shall not characterize the permit as invalid. | ||||||
17 | (i) A school bus driver permit holder who is a service | ||||||
18 | member returning from active duty must, within 90 days, renew | ||||||
19 | a permit characterized as inactive pursuant to subsection (h) | ||||||
20 | of this Section by complying with the renewal requirements of | ||||||
21 | subsection (b) of this Section. | ||||||
22 | (j) For purposes of subsections (h) and (i) of this | ||||||
23 | Section: | ||||||
24 | "Active duty" means active duty pursuant to an executive | ||||||
25 | order of the President of the United States, an act of the | ||||||
26 | Congress of the United States, or an order of the Governor. |
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| |||||||
1 | "Service member" means a member of the Armed Services or | ||||||
2 | reserve forces of the United States or a member of the Illinois | ||||||
3 | National Guard. | ||||||
4 | (k) A private carrier employer of a school bus driver | ||||||
5 | permit holder, having satisfied the employer requirements of | ||||||
6 | this Section, shall be held to a standard of ordinary care for | ||||||
7 | intentional acts committed in the course of employment by the | ||||||
8 | bus driver permit holder. This subsection (k) shall in no way | ||||||
9 | limit the liability of the private carrier employer for | ||||||
10 | violation of any provision of this Section or for the | ||||||
11 | negligent hiring or retention of a school bus driver permit | ||||||
12 | holder. | ||||||
13 | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||||||
14 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised | ||||||
15 | 10-13-21.)
| ||||||
16 | Section 99. Effective date. This Act takes effect July 1, | ||||||
17 | 2023.".
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