Bill Text: IL HB4194 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the School Code and the Illinois Vehicle Code. Provides that school bus drivers must complete a semiannual (rather than annual) refresher course to maintain a valid school bus driver permit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4194 Detail]
Download: Illinois-2009-HB4194-Introduced.html
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1 | AN ACT concerning school bus drivers.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||||||
5 | 3-14.23 as follows:
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6 | (105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
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7 | Sec. 3-14.23. School bus driver permits.
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8 | (a) To conduct courses
of instruction for school bus | ||||||||||||||||||||||||||||
9 | drivers pursuant to the standards
established by the Secretary | ||||||||||||||||||||||||||||
10 | of State under Section 6-106.1 of the
Illinois Vehicle Code and | ||||||||||||||||||||||||||||
11 | to charge a fee based upon the cost of
providing such courses | ||||||||||||||||||||||||||||
12 | of up to $4 per person for the initial
classroom course in | ||||||||||||||||||||||||||||
13 | school bus driver safety and of up to $4 per
person for the | ||||||||||||||||||||||||||||
14 | semiannual annual refresher course. The State Board of | ||||||||||||||||||||||||||||
15 | Education shall
annually request such additional appropriation | ||||||||||||||||||||||||||||
16 | as may be necessary to ensure
that adequate and sufficient | ||||||||||||||||||||||||||||
17 | training is provided to all school bus drivers in
Illinois. | ||||||||||||||||||||||||||||
18 | This appropriation shall be used to supplement, not supplant,
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19 | programs conducted using fees received from applicants for | ||||||||||||||||||||||||||||
20 | school bus driver
permits.
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21 | (b) To conduct such investigations
as may be necessary to | ||||||||||||||||||||||||||||
22 | insure that all persons hired to operate school buses
have | ||||||||||||||||||||||||||||
23 | valid school bus driver permits as required under Sections |
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1 | 6-104 and
6-106.1 of "The Illinois Vehicle Code". If a regional | ||||||
2 | superintendent finds
evidence of non-compliance with this | ||||||
3 | requirement, he shall submit such
evidence together with his | ||||||
4 | recommendations in writing to the school board.
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5 | If the regional superintendent finds evidence of | ||||||
6 | noncompliance with the
requirement that all persons employed | ||||||
7 | directly by the school board to operate
school buses have valid | ||||||
8 | school bus driver permits as required under Sections
6-104 and | ||||||
9 | 6-106.1 of "The Illinois Vehicle Code", the regional | ||||||
10 | superintendent
shall schedule a hearing on a date not less than | ||||||
11 | 5 days nor more than 10
days after notifying the district of | ||||||
12 | his findings. If based on the
evidence presented at the hearing | ||||||
13 | the regional superintendent finds that
persons employed | ||||||
14 | directly by the school board to operate school buses do not
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15 | have
valid school bus driver permits as required under Sections | ||||||
16 | 6-104 and 6-106.1
of "The Illinois Vehicle Code", the regional | ||||||
17 | superintendent shall submit
such evidence and his findings | ||||||
18 | together with his recommendations to the
State Superintendent | ||||||
19 | of Education. The State Superintendent of Education
may reduce | ||||||
20 | the district's claim for reimbursement under Sections
29-5 and | ||||||
21 | 14-13.01 for transportation by 1.136% for each day of
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22 | noncompliance.
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23 | If a school board finds evidence of noncompliance with the | ||||||
24 | requirement
that all persons employed by a contractor to | ||||||
25 | operate school buses have valid
school bus driver permits as | ||||||
26 | required under Sections 6-104 and 6-106.1 of
"The Illinois |
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1 | Vehicle Code", the school board shall request a hearing before
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2 | the regional superintendent. The regional superintendent shall | ||||||
3 | schedule
a hearing on a date not less than 5 days nor more than | ||||||
4 | 10 days after receiving
the request. If based on the evidence | ||||||
5 | presented at the hearing the regional
superintendent finds that | ||||||
6 | persons employed by a contractor to operate school
buses do not | ||||||
7 | have valid school bus driver permits as required under Sections
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8 | 6-104 and 6-106.1 of "The Illinois Vehicle Code", the school | ||||||
9 | board's financial
obligations under the contract shall be | ||||||
10 | reduced by an amount equal to
1.136% for
each day of | ||||||
11 | noncompliance. The findings of the regional superintendent and
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12 | the relief provided herein shall not impair the obligations of | ||||||
13 | the contractor
to continue to provide transportation services | ||||||
14 | in accordance with the terms
of the contract.
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15 | The provisions of the Administrative Review Law, and all | ||||||
16 | amendments and
modifications thereof and the rules adopted | ||||||
17 | pursuant thereto shall apply
to and govern all proceedings | ||||||
18 | instituted for judicial review of final
administrative | ||||||
19 | decisions of the regional superintendent under this Section.
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20 | (Source: P.A. 90-811, eff. 1-26-99.)
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21 | Section 10. The Illinois Vehicle Code is amended by | ||||||
22 | changing Section 6-106.1 as follows:
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23 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||||||
24 | Sec. 6-106.1. School bus driver permit.
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1 | (a) The Secretary of State shall issue a school bus driver
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2 | permit to those applicants who have met all the requirements of | ||||||
3 | the
application and screening process under this Section to | ||||||
4 | insure the
welfare and safety of children who are transported | ||||||
5 | on school buses
throughout the State of Illinois. Applicants | ||||||
6 | shall obtain the
proper application required by the Secretary | ||||||
7 | of State from their
prospective or current employer and submit | ||||||
8 | the completed
application to the prospective or current | ||||||
9 | employer along
with the necessary fingerprint submission as | ||||||
10 | required by the
Department of
State Police to conduct | ||||||
11 | fingerprint based criminal background
checks on current and | ||||||
12 | future information available in the state
system and current | ||||||
13 | information available through the Federal Bureau
of | ||||||
14 | Investigation's system. Applicants who have completed the
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15 | fingerprinting requirements shall not be subjected to the
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16 | fingerprinting process when applying for subsequent permits or
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17 | submitting proof of successful completion of the semiannual | ||||||
18 | annual refresher
course. Individuals who on the effective date | ||||||
19 | of this Act possess a valid
school bus driver permit that has | ||||||
20 | been previously issued by the appropriate
Regional School | ||||||
21 | Superintendent are not subject to the fingerprinting
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22 | provisions of this Section as long as the permit remains valid | ||||||
23 | and does not
lapse. The applicant shall be required to pay all | ||||||
24 | related
application and fingerprinting fees as established by | ||||||
25 | rule
including, but not limited to, the amounts established by | ||||||
26 | the Department of
State Police and the Federal Bureau of |
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1 | Investigation to process
fingerprint based criminal background | ||||||
2 | investigations. All fees paid for
fingerprint processing | ||||||
3 | services under this Section shall be deposited into the
State | ||||||
4 | Police Services Fund for the cost incurred in processing the | ||||||
5 | fingerprint
based criminal background investigations. All | ||||||
6 | other fees paid under this
Section shall be deposited into the | ||||||
7 | Road
Fund for the purpose of defraying the costs of the | ||||||
8 | Secretary of State in
administering this Section. All | ||||||
9 | applicants must:
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10 | 1. be 21 years of age or older;
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11 | 2. possess a valid and properly classified driver's | ||||||
12 | license
issued by the Secretary of State;
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13 | 3. possess a valid driver's license, which has not been
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14 | revoked, suspended, or canceled for 3 years immediately | ||||||
15 | prior to
the date of application, or have not had his or | ||||||
16 | her commercial motor vehicle
driving privileges
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17 | disqualified within the 3 years immediately prior to the | ||||||
18 | date of application;
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19 | 4. successfully pass a written test, administered by | ||||||
20 | the
Secretary of State, on school bus operation, school bus | ||||||
21 | safety, and
special traffic laws relating to school buses | ||||||
22 | and submit to a review
of the applicant's driving habits by | ||||||
23 | the Secretary of State at the time the
written test is | ||||||
24 | given;
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25 | 5. demonstrate ability to exercise reasonable care in | ||||||
26 | the operation of
school buses in accordance with rules |
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1 | promulgated by the Secretary of State;
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2 | 6. demonstrate physical fitness to operate school | ||||||
3 | buses by
submitting the results of a medical examination, | ||||||
4 | including tests for drug
use for each applicant not subject | ||||||
5 | to such testing pursuant to
federal law, conducted by a | ||||||
6 | licensed physician, an advanced practice nurse
who has a | ||||||
7 | written collaborative agreement with
a collaborating | ||||||
8 | physician which authorizes him or her to perform medical
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9 | examinations, or a physician assistant who has been | ||||||
10 | delegated the
performance of medical examinations by his or | ||||||
11 | her supervising physician
within 90 days of the date
of | ||||||
12 | application according to standards promulgated by the | ||||||
13 | Secretary of State;
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14 | 7. affirm under penalties of perjury that he or she has | ||||||
15 | not made a
false statement or knowingly concealed a | ||||||
16 | material fact
in any application for permit;
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17 | 8. have completed an initial classroom course, | ||||||
18 | including first aid
procedures, in school bus driver safety | ||||||
19 | as promulgated by the Secretary of
State; and after | ||||||
20 | satisfactory completion of said initial course a | ||||||
21 | semiannual an annual
refresher course; such courses and the | ||||||
22 | agency or organization conducting such
courses shall be | ||||||
23 | approved by the Secretary of State; failure to
complete the | ||||||
24 | semiannual annual refresher course , shall result in
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25 | cancellation of the permit until such course is completed;
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26 | 9. not have been convicted of 2 or more serious traffic |
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1 | offenses, as
defined by rule, within one year prior to the | ||||||
2 | date of application that may
endanger the life or safety of | ||||||
3 | any of the driver's passengers within the
duration of the | ||||||
4 | permit period;
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5 | 10. not have been convicted of reckless driving, | ||||||
6 | driving while
intoxicated, or reckless homicide resulting | ||||||
7 | from the operation of a motor
vehicle within 3 years of the | ||||||
8 | date of application;
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9 | 11. not have been convicted of committing or attempting
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10 | to commit any
one or more of the following offenses: (i) | ||||||
11 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
12 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
13 | 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||||||
14 | 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
15 | 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
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16 | 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
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17 | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||||||
18 | 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | ||||||
19 | 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
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20 | 33A-2, and in subsection (a) and subsection (b), clause | ||||||
21 | (1), of Section
12-4 of the Criminal Code of 1961; (ii) | ||||||
22 | those offenses defined in the
Cannabis Control Act except | ||||||
23 | those offenses defined in subsections (a) and
(b) of | ||||||
24 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
25 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
26 | Controlled Substances
Act; (iv) those offenses defined in |
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1 | the Methamphetamine Control and Community Protection Act; | ||||||
2 | (v) any offense committed or attempted in any other state | ||||||
3 | or against
the laws of the United States, which if | ||||||
4 | committed or attempted in this
State would be punishable as | ||||||
5 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
6 | defined in Section 4.1 and 5.1 of the Wrongs to Children | ||||||
7 | Act and (vii) those offenses defined in Section 6-16 of the | ||||||
8 | Liquor Control Act of
1934;
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9 | 12. not have been repeatedly involved as a driver in | ||||||
10 | motor vehicle
collisions or been repeatedly convicted of | ||||||
11 | offenses against
laws and ordinances regulating the | ||||||
12 | movement of traffic, to a degree which
indicates lack of | ||||||
13 | ability to exercise ordinary and reasonable care in the
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14 | safe operation of a motor vehicle or disrespect for the | ||||||
15 | traffic laws and
the safety of other persons upon the | ||||||
16 | highway;
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17 | 13. not have, through the unlawful operation of a motor
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18 | vehicle, caused an accident resulting in the death of any | ||||||
19 | person; and
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20 | 14. not have, within the last 5 years, been adjudged to | ||||||
21 | be
afflicted with or suffering from any mental disability | ||||||
22 | or disease.
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23 | (b) A school bus driver permit shall be valid for a period | ||||||
24 | specified by
the Secretary of State as set forth by rule. It | ||||||
25 | shall be renewable upon compliance with subsection (a) of this
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26 | Section.
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1 | (c) A school bus driver permit shall contain the holder's | ||||||
2 | driver's
license number, legal name, residence address, zip | ||||||
3 | code, social
security number and date
of birth, a brief | ||||||
4 | description of the holder and a space for signature. The
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5 | Secretary of State may require a suitable photograph of the | ||||||
6 | holder.
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7 | (d) The employer shall be responsible for conducting a | ||||||
8 | pre-employment
interview with prospective school bus driver | ||||||
9 | candidates, distributing school
bus driver applications and | ||||||
10 | medical forms to be completed by the applicant, and
submitting | ||||||
11 | the applicant's fingerprint cards to the Department of State | ||||||
12 | Police
that are required for the criminal background | ||||||
13 | investigations. The employer
shall certify in writing to the | ||||||
14 | Secretary of State that all pre-employment
conditions have been | ||||||
15 | successfully completed including the successful completion
of | ||||||
16 | an Illinois specific criminal background investigation through | ||||||
17 | the
Department of State Police and the submission of necessary
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18 | fingerprints to the Federal Bureau of Investigation for | ||||||
19 | criminal
history information available through the Federal | ||||||
20 | Bureau of
Investigation system. The applicant shall present the
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21 | certification to the Secretary of State at the time of | ||||||
22 | submitting
the school bus driver permit application.
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23 | (e) Permits shall initially be provisional upon receiving
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24 | certification from the employer that all pre-employment | ||||||
25 | conditions
have been successfully completed, and upon | ||||||
26 | successful completion of
all training and examination |
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1 | requirements for the classification of
the vehicle to be | ||||||
2 | operated, the Secretary of State shall
provisionally issue a | ||||||
3 | School Bus Driver Permit. The permit shall
remain in a | ||||||
4 | provisional status pending the completion of the
Federal Bureau | ||||||
5 | of Investigation's criminal background investigation based
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6 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
7 | of
Investigation by the Department of State Police. The Federal | ||||||
8 | Bureau of
Investigation shall report the findings directly to | ||||||
9 | the Secretary
of State. The Secretary of State shall remove the | ||||||
10 | bus driver
permit from provisional status upon the applicant's | ||||||
11 | successful
completion of the Federal Bureau of Investigation's | ||||||
12 | criminal
background investigation.
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13 | (f) A school bus driver permit holder shall notify the
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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 a | ||||||
20 | first violation and a Class B misdemeanor for a
second or | ||||||
21 | subsequent violation.
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22 | (g) Cancellation; suspension; notice and procedure.
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23 | (1) The Secretary of State shall cancel a school bus
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24 | driver permit of an applicant whose criminal background | ||||||
25 | investigation
discloses that he or she is not in compliance | ||||||
26 | with the provisions of subsection
(a) of this Section.
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1 | (2) The Secretary of State shall cancel a school
bus | ||||||
2 | driver permit when he or she receives notice that the | ||||||
3 | permit holder fails
to comply with any provision of this | ||||||
4 | Section or any rule promulgated for the
administration of | ||||||
5 | this Section.
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6 | (3) The Secretary of State shall cancel a school bus
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7 | driver permit if the permit holder's restricted commercial | ||||||
8 | or
commercial driving privileges are withdrawn or | ||||||
9 | otherwise
invalidated.
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10 | (4) The Secretary of State may not issue a school bus
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11 | driver permit for a period of 3 years to an applicant who | ||||||
12 | fails to
obtain a negative result on a drug test as | ||||||
13 | required in item 6 of
subsection (a) of this Section or | ||||||
14 | under federal law.
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15 | (5) The Secretary of State shall forthwith suspend
a | ||||||
16 | school bus driver permit for a period of 3 years upon | ||||||
17 | receiving
notice that the holder has failed to obtain a | ||||||
18 | negative result on a
drug test as required in item 6 of | ||||||
19 | subsection (a) of this Section
or under federal law.
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20 | The Secretary of State shall notify the State | ||||||
21 | Superintendent
of Education and the permit holder's | ||||||
22 | prospective or current
employer that the applicant has (1) has | ||||||
23 | failed a criminal
background investigation or (2) is no
longer | ||||||
24 | eligible for a school bus driver permit; and of the related
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25 | cancellation of the applicant's provisional school bus driver | ||||||
26 | permit. The
cancellation shall remain in effect pending the |
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1 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
2 | The scope of the
hearing shall be limited to the issuance | ||||||
3 | criteria contained in
subsection (a) of this Section. A | ||||||
4 | petition requesting a
hearing shall be submitted to the | ||||||
5 | Secretary of State and shall
contain the reason the individual | ||||||
6 | feels he or she is entitled to a
school bus driver permit. The | ||||||
7 | permit holder's
employer shall notify in writing to the | ||||||
8 | Secretary of State
that the employer has certified the removal | ||||||
9 | of the offending school
bus driver from service prior to the | ||||||
10 | start of that school bus
driver's next workshift. An employing | ||||||
11 | school board that fails to
remove the offending school bus | ||||||
12 | driver from service is
subject to the penalties defined in | ||||||
13 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
14 | violates a provision of this Section is
subject to the | ||||||
15 | penalties defined in Section 6-106.11.
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16 | All valid school bus driver permits issued under this | ||||||
17 | Section
prior to January 1, 1995, shall remain effective until | ||||||
18 | their
expiration date unless otherwise invalidated.
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19 | (Source: P.A. 93-895, eff. 1-1-05; 94-556, eff. 9-11-05.)
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.33 as follows:
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22 | (30 ILCS 805/8.33 new) | ||||||
23 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
24 | of this Act, no reimbursement by the State is required for the |
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1 | implementation of any mandate created by this amendatory Act of | ||||||
2 | the 96th General Assembly.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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