98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2871
 
Introduced , by Rep. Brad E. Halbrook
 
SYNOPSIS AS INTRODUCED:



 
625 ILCS 5/6-106.1

 Amends the Illinois Vehicle Code. Provides that an applicant for a school bus driver permit must have no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.



LRB098 08408 MLW 38514 b


 
 
A BILL FOR
 


HB2871LRB098 08408 MLW 38514 b



1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Vehicle Code is amended by changing 
5Section 6-106.1 as follows:



6 (625 ILCS 5/6-106.1)


7 Sec. 6-106.1. School bus driver permit.

8 (a) The Secretary of State shall issue a school bus driver

9permit to those applicants who have met all the requirements of 
10the
application and screening process under this Section to 
11insure the
welfare and safety of children who are transported 
12on school buses
throughout the State of Illinois. Applicants 
13shall obtain the
proper application required by the Secretary 
14of State from their
prospective or current employer and submit 
15the completed
application to the prospective or current 
16employer along
with the necessary fingerprint submission as 
17required by the
Department of
State Police to conduct 
18fingerprint based criminal background
checks on current and 
19future information available in the state
system and current 
20information available through the Federal Bureau
of 
21Investigation's system. Applicants who have completed the

22fingerprinting requirements shall not be subjected to the

23fingerprinting process when applying for subsequent permits or

 
 
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1submitting proof of successful completion of the annual 
2refresher
course. Individuals who on the effective date of this 
3Act possess a valid
school bus driver permit that has been 
4previously issued by the appropriate
Regional School 
5Superintendent are not subject to the fingerprinting

6provisions of this Section as long as the permit remains valid 
7and does not
lapse. The applicant shall be required to pay all 
8related
application and fingerprinting fees as established by 
9rule
including, but not limited to, the amounts established by 
10the Department of
State Police and the Federal Bureau of 
11Investigation to process
fingerprint based criminal background 
12investigations. All fees paid for
fingerprint processing 
13services under this Section shall be deposited into the
State 
14Police Services Fund for the cost incurred in processing the 
15fingerprint
based criminal background investigations. All 
16other fees paid under this
Section shall be deposited into the 
17Road
Fund for the purpose of defraying the costs of the 
18Secretary of State in
administering this Section. All 
19applicants must:


20  1. be 21 years of age or older;


21  2. possess a valid and properly classified driver's 
22 license
issued by the Secretary of State;


23  3. possess a valid driver's license, which has not been

24 revoked, suspended, or canceled for 3 years immediately 
25 prior to
the date of application, or have not had his or 
26 her commercial motor vehicle
driving privileges

 
 
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1 disqualified within the 3 years immediately prior to the 
2 date of application;


3  4. successfully pass a written test, administered by 
4 the
Secretary of State, on school bus operation, school bus 
5 safety, and
special traffic laws relating to school buses 
6 and submit to a review
of the applicant's driving habits by 
7 the Secretary of State at the time the
written test is 
8 given;


9  5. demonstrate ability to exercise reasonable care in 
10 the operation of
school buses in accordance with rules 
11 promulgated by the Secretary of State;


12  6. demonstrate physical fitness to operate school 
13 buses by
submitting the results of a medical examination, 
14 including tests for drug
use for each applicant not subject 
15 to such testing pursuant to
federal law, conducted by a 
16 licensed physician, an advanced practice nurse
who has a 
17 written collaborative agreement with
a collaborating 
18 physician which authorizes him or her to perform medical

19 examinations, or a physician assistant who has been 
20 delegated the
performance of medical examinations by his or 
21 her supervising physician
within 90 days of the date
of 
22 application according to standards promulgated by the 
23 Secretary of State;


24  6.5. have no established medical history or clinical 
25 diagnosis of diabetes mellitus currently requiring insulin 
26 for control; 
 
 
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1  7. affirm under penalties of perjury that he or she has 
2 not made a
false statement or knowingly concealed a 
3 material fact
in any application for permit;


4  8. have completed an initial classroom course, 
5 including first aid
procedures, in school bus driver safety 
6 as promulgated by the Secretary of
State; and after 
7 satisfactory completion of said initial course an annual

8 refresher course; such courses and the agency or 
9 organization conducting such
courses shall be approved by 
10 the Secretary of State; failure to
complete the annual 
11 refresher course, shall result in
cancellation of the 
12 permit until such course is completed;


13  9. not have been under an order of court supervision 
14 for or convicted of 2 or more serious traffic offenses, as

15 defined by rule, within one year prior to the date of 
16 application that may
endanger the life or safety of any of 
17 the driver's passengers within the
duration of the permit 
18 period;


19  10. not have been under an order of court supervision 
20 for or convicted of reckless driving, aggravated reckless 
21 driving, driving while under the influence of alcohol, 
22 other drug or drugs, intoxicating compound or compounds or 
23 any combination thereof, or reckless homicide resulting 
24 from the operation of a motor
vehicle within 3 years of the 
25 date of application;


26  11. not have been convicted of committing or attempting

 
 
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1 to commit any
one or more of the following offenses: (i) 
2 those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, 
3 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 
4 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, 
5 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 
6 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 
7 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 
8 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 
9 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 
10 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

11 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 
12 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 
13 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 
14 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,

15 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 
16 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 
17 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 
18 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section 
19 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), 
20 (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and 
21 in subsection (a) and subsection (b), clause (1), of 
22 Section
12-4, and 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; (v) any offense committed or attempted in 
6 any other state or against
the laws of the United States, 
7 which if committed or attempted in this
State would be 
8 punishable as one or more of the foregoing offenses; (vi)

9 the offenses defined in Section 4.1 and 5.1 of the Wrongs 
10 to Children Act or Section 11-9.1A of the Criminal Code of 
11 1961 or the Criminal Code of 2012; (vii) those offenses 
12 defined in Section 6-16 of the Liquor Control Act of
1934;

13 and (viii) those offenses defined in the Methamphetamine 
14 Precursor Control Act;

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

20 safe operation of a motor vehicle or disrespect for the 
21 traffic laws and
the safety of other persons upon the 
22 highway;


23  13. not have, through the unlawful operation of a motor

24 vehicle, caused an accident resulting in the death of any 
25 person;


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


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.
7 (b) A school bus driver permit shall be valid for a period 
8specified by
the Secretary of State as set forth by rule. It 
9shall be renewable upon compliance with subsection (a) of this

10Section.


11 (c) A school bus driver permit shall contain the holder's 
12driver's
license number, legal name, residence address, zip 
13code, and date
of birth, a brief description of the holder and 
14a space for signature. The
Secretary of State may require a 
15suitable photograph of the holder.


16 (d) The employer shall be responsible for conducting a 
17pre-employment
interview with prospective school bus driver 
18candidates, distributing school
bus driver applications and 
19medical forms to be completed by the applicant, and
submitting 
20the applicant's fingerprint cards to the Department of State 
21Police
that are required for the criminal background 
22investigations. The employer
shall certify in writing to the 
23Secretary of State that all pre-employment
conditions have been 
24successfully completed including the successful completion
of 
25an Illinois specific criminal background investigation through 
26the
Department of State Police and the submission of necessary

 
 
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1fingerprints to the Federal Bureau of Investigation for 
2criminal
history information available through the Federal 
3Bureau of
Investigation system. The applicant shall present the

4certification to the Secretary of State at the time of 
5submitting
the school bus driver permit application.


6 (e) Permits shall initially be provisional upon receiving

7certification from the employer that all pre-employment 
8conditions
have been successfully completed, and upon 
9successful completion of
all training and examination 
10requirements for the classification of
the vehicle to be 
11operated, the Secretary of State shall
provisionally issue a 
12School Bus Driver Permit. The permit shall
remain in a 
13provisional status pending the completion of the
Federal Bureau 
14of Investigation's criminal background investigation based

15upon fingerprinting specimens submitted to the Federal Bureau 
16of
Investigation by the Department of State Police. The Federal 
17Bureau of
Investigation shall report the findings directly to 
18the Secretary
of State. The Secretary of State shall remove the 
19bus driver
permit from provisional status upon the applicant's 
20successful
completion of the Federal Bureau of Investigation's 
21criminal
background investigation.


22 (f) A school bus driver permit holder shall notify the

23employer and the Secretary of State if he or she is issued an 
24order of court supervision for or convicted in
another state of 
25an offense that would make him or her ineligible
for a permit 
26under subsection (a) of this Section. The
written notification 
 
 
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1shall be made within 5 days of the entry of
the order of court 
2supervision or conviction. Failure of the permit holder to 
3provide the
notification is punishable as a petty
offense for a 
4first violation and a Class B misdemeanor for a
second or 
5subsequent violation.


6 (g) Cancellation; suspension; notice and procedure.


7  (1) The Secretary of State shall cancel a school bus

8 driver permit of an applicant whose criminal background 
9 investigation
discloses that he or she is not in compliance 
10 with the provisions of subsection
(a) of this Section.


11  (2) The Secretary of State shall cancel a school
bus 
12 driver permit when he or she receives notice that the 
13 permit holder fails
to comply with any provision of this 
14 Section or any rule promulgated for the
administration of 
15 this Section.


16  (3) The Secretary of State shall cancel a school bus

17 driver permit if the permit holder's restricted commercial 
18 or
commercial driving privileges are withdrawn or 
19 otherwise
invalidated.


20  (4) The Secretary of State may not issue a school bus

21 driver permit for a period of 3 years to an applicant who 
22 fails to
obtain a negative result on a drug test as 
23 required in item 6 of
subsection (a) of this Section or 
24 under federal law.


25  (5) The Secretary of State shall forthwith suspend
a 
26 school bus driver permit for a period of 3 years upon 
 
 
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1 receiving
notice that the holder has failed to obtain a 
2 negative result on a
drug test as required in item 6 of 
3 subsection (a) of this Section
or under federal law.


4  (6) The Secretary of State shall suspend a school bus 
5 driver permit for a period of 3 years upon receiving notice 
6 from the employer that the holder failed to perform the 
7 inspection procedure set forth in subsection (a) or (b) of 
8 Section 12-816 of this Code. 
9  (7) The Secretary of State shall suspend a school bus 
10 driver permit for a period of 3 years upon receiving notice 
11 from the employer that the holder refused to submit to an 
12 alcohol or drug test as required by Section 6-106.1c or has 
13 submitted to a test required by that Section which 
14 disclosed an alcohol concentration of more than 0.00 or 
15 disclosed a positive result on a National Institute on Drug 
16 Abuse five-drug panel, utilizing federal standards set 
17 forth in 49 CFR 40.87. 
18 The Secretary of State shall notify the State 
19Superintendent
of Education and the permit holder's 
20prospective or current
employer that the applicant has (1) has 
21failed a criminal
background investigation or (2) is no
longer 
22eligible for a school bus driver permit; and of the related

23cancellation of the applicant's provisional school bus driver 
24permit. The
cancellation shall remain in effect pending the 
25outcome of a
hearing pursuant to Section 2-118 of this Code. 
26The scope of the
hearing shall be limited to the issuance 
 
 
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1criteria contained in
subsection (a) of this Section. A 
2petition requesting a
hearing shall be submitted to the 
3Secretary of State and shall
contain the reason the individual 
4feels he or she is entitled to a
school bus driver permit. The 
5permit holder's
employer shall notify in writing to the 
6Secretary of State
that the employer has certified the removal 
7of the offending school
bus driver from service prior to the 
8start of that school bus
driver's next workshift. An employing 
9school board that fails to
remove the offending school bus 
10driver from service is
subject to the penalties defined in 
11Section 3-14.23 of the School Code. A
school bus
contractor who 
12violates a provision of this Section is
subject to the 
13penalties defined in Section 6-106.11.


14 All valid school bus driver permits issued under this 
15Section
prior to January 1, 1995, shall remain effective until 
16their
expiration date unless otherwise invalidated.


17 (h) When a school bus driver permit holder who is a service 
18member is called to active duty, the employer of the permit 
19holder shall notify the Secretary of State, within 30 days of 
20notification from the permit holder, that the permit holder has 
21been called to active duty. Upon notification pursuant to this 
22subsection, (i) the Secretary of State shall characterize the 
23permit as inactive until a permit holder renews the permit as 
24provided in subsection (i) of this Section, and (ii) if a 
25permit holder fails to comply with the requirements of this 
26Section while called to active duty, the Secretary of State 
 
 
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1shall not characterize the permit as invalid. 
2 (i) A school bus driver permit holder who is a service 
3member returning from active duty must, within 90 days, renew a 
4permit characterized as inactive pursuant to subsection (h) of 
5this Section by complying with the renewal requirements of 
6subsection (b) of this Section. 
7 (j) For purposes of subsections (h) and (i) of this 
8Section: 
9 "Active duty" means active duty pursuant to an executive 
10order of the President of the United States, an act of the 
11Congress of the United States, or an order of the Governor. 
12 "Service member" means a member of the Armed Services or 
13reserve forces of the United States or a member of the Illinois 
14National Guard. 
15(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; 
1696-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. 
177-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, 
18Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; 
1997-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. 
201-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, 
21eff. 1-25-13.)