Bill Text: IL HB4334 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that an applicant for a school bus driver permit who is unable to submit fingerprints due to a condition that has removed his or her fingerprints shall submit to a non-fingerprint based criminal background check. Provides that non-fingerprint based criminal background checks shall be conducted through a search of the Illinois State Police's computerized criminal history record files using identifiers such as the name, sex, race, and date of birth of the applicant. Makes conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4334 Detail]
Download: Illinois-2017-HB4334-Introduced.html
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1 | AN ACT concerning transportation.
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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 Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-106.1 as follows:
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6 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
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7 | Sec. 6-106.1. School bus driver permit.
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8 | (a) The Secretary of State shall issue a school bus driver
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9 | permit to those applicants who have met all the requirements of | |||||||||||||||||||
10 | the
application and screening process under this Section to | |||||||||||||||||||
11 | insure the
welfare and safety of children who are transported | |||||||||||||||||||
12 | on school buses
throughout the State of Illinois. Applicants | |||||||||||||||||||
13 | shall obtain the
proper application required by the Secretary | |||||||||||||||||||
14 | of State from their
prospective or current employer and submit | |||||||||||||||||||
15 | the completed
application to the prospective or current | |||||||||||||||||||
16 | employer along
with the necessary fingerprint submission as | |||||||||||||||||||
17 | required by the
Department of
State Police to conduct | |||||||||||||||||||
18 | fingerprint based criminal background
checks on current and | |||||||||||||||||||
19 | future information available in the state
system and current | |||||||||||||||||||
20 | information available through the Federal Bureau
of | |||||||||||||||||||
21 | Investigation's system. An applicant who is unable to submit | |||||||||||||||||||
22 | fingerprints due to a condition that has removed his or her | |||||||||||||||||||
23 | fingerprints shall submit to a non-fingerprint based criminal |
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1 | background check. The non-fingerprint based criminal | ||||||
2 | background check shall result in a search of the Illinois State | ||||||
3 | Police's computerized criminal history record files using | ||||||
4 | identifiers such as the name, sex, race, and date of birth of | ||||||
5 | the applicant. Applicants who have completed the
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6 | fingerprinting or non-fingerprinting requirements shall not be | ||||||
7 | subjected to the
fingerprinting or non-fingerprinting process | ||||||
8 | when applying for subsequent permits or
submitting proof of | ||||||
9 | successful completion of the annual refresher
course. | ||||||
10 | Individuals who on July 1, 1995 (the effective date of Public | ||||||
11 | Act 88-612) possess a valid
school bus driver permit that has | ||||||
12 | been previously issued by the appropriate
Regional School | ||||||
13 | Superintendent are not subject to the fingerprinting or | ||||||
14 | non-fingerprinting
provisions of this Section as long as the | ||||||
15 | permit remains valid and does not
lapse. The applicant shall be | ||||||
16 | required to pay all related
application and fingerprinting or | ||||||
17 | non-fingerprinting fees as established by rule
including, but | ||||||
18 | not limited to, the amounts established by the Department of
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19 | State Police and the Federal Bureau of Investigation to process
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20 | fingerprint or non-fingerprint based criminal background | ||||||
21 | investigations. All fees paid for
fingerprint or | ||||||
22 | non-fingerprint processing services under this Section shall | ||||||
23 | be deposited into the
State Police Services Fund for the cost | ||||||
24 | incurred in processing the fingerprint or non-fingerprint
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25 | based criminal background investigations. All other fees paid | ||||||
26 | under this
Section shall be deposited into the Road
Fund for |
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1 | the purpose of defraying the costs of the Secretary of State in
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2 | administering this Section. All applicants must:
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3 | 1. be 21 years of age or older;
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4 | 2. possess a valid and properly classified driver's | ||||||
5 | license
issued by the Secretary of State;
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6 | 3. possess a valid driver's license, which has not been
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7 | revoked, suspended, or canceled for 3 years immediately | ||||||
8 | prior to
the date of application, or have not had his or | ||||||
9 | her commercial motor vehicle
driving privileges
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10 | disqualified within the 3 years immediately prior to the | ||||||
11 | date of application;
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12 | 4. successfully pass a written test, administered by | ||||||
13 | the
Secretary of State, on school bus operation, school bus | ||||||
14 | safety, and
special traffic laws relating to school buses | ||||||
15 | and submit to a review
of the applicant's driving habits by | ||||||
16 | the Secretary of State at the time the
written test is | ||||||
17 | given;
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18 | 5. demonstrate ability to exercise reasonable care in | ||||||
19 | the operation of
school buses in accordance with rules | ||||||
20 | promulgated by the Secretary of State;
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21 | 6. demonstrate physical fitness to operate school | ||||||
22 | buses by
submitting the results of a medical examination, | ||||||
23 | including tests for drug
use for each applicant not subject | ||||||
24 | to such testing pursuant to
federal law, conducted by a | ||||||
25 | licensed physician, a licensed advanced practice | ||||||
26 | registered nurse, or a licensed physician assistant
within |
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1 | 90 days of the date
of application according to standards | ||||||
2 | promulgated by the Secretary of State;
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3 | 7. affirm under penalties of perjury that he or she has | ||||||
4 | not made a
false statement or knowingly concealed a | ||||||
5 | material fact
in any application for permit;
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6 | 8. have completed an initial classroom course, | ||||||
7 | including first aid
procedures, in school bus driver safety | ||||||
8 | as promulgated by the Secretary of
State; and after | ||||||
9 | satisfactory completion of said initial course an annual
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10 | refresher course; such courses and the agency or | ||||||
11 | organization conducting such
courses shall be approved by | ||||||
12 | the Secretary of State; failure to
complete the annual | ||||||
13 | refresher course, shall result in
cancellation of the | ||||||
14 | permit until such course is completed;
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15 | 9. not have been under an order of court supervision | ||||||
16 | for or convicted of 2 or more serious traffic offenses, as
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17 | defined by rule, within one year prior to the date of | ||||||
18 | application that may
endanger the life or safety of any of | ||||||
19 | the driver's passengers within the
duration of the permit | ||||||
20 | period;
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21 | 10. not have been under an order of court supervision | ||||||
22 | for or convicted of reckless driving, aggravated reckless | ||||||
23 | driving, driving while under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds or | ||||||
25 | any combination thereof, or reckless homicide resulting | ||||||
26 | from the operation of a motor
vehicle within 3 years of the |
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1 | date of application;
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2 | 11. not have been convicted of committing or attempting
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3 | to commit any
one or more of the following offenses: (i) | ||||||
4 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
5 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
6 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
7 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
8 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
9 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
10 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
11 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
12 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
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13 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
14 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
15 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
16 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
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17 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
18 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
19 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||||||
20 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
21 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
22 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
23 | in subsection (a) and subsection (b), clause (1), of | ||||||
24 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
25 | of Section 24-3, and those offenses contained in Article | ||||||
26 | 29D of the Criminal Code of 1961 or the Criminal Code of |
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1 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
2 | Act except those offenses defined in subsections (a) and
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3 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
4 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
5 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
6 | defined in the Methamphetamine Control and Community | ||||||
7 | Protection Act; (v) any offense committed or attempted in | ||||||
8 | any other state or against
the laws of the United States, | ||||||
9 | which if committed or attempted in this
State would be | ||||||
10 | punishable as one or more of the foregoing offenses; (vi)
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11 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
12 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
14 | defined in Section 6-16 of the Liquor Control Act of
1934;
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15 | and (viii) those offenses defined in the Methamphetamine | ||||||
16 | Precursor Control Act;
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17 | 12. not have been repeatedly involved as a driver in | ||||||
18 | motor vehicle
collisions or been repeatedly convicted of | ||||||
19 | offenses against
laws and ordinances regulating the | ||||||
20 | movement of traffic, to a degree which
indicates lack of | ||||||
21 | ability to exercise ordinary and reasonable care in the
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22 | safe operation of a motor vehicle or disrespect for the | ||||||
23 | traffic laws and
the safety of other persons upon the | ||||||
24 | highway;
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25 | 13. not have, through the unlawful operation of a motor
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26 | vehicle, caused an accident resulting in the death of any |
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1 | person;
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2 | 14. not have, within the last 5 years, been adjudged to | ||||||
3 | be
afflicted with or suffering from any mental disability | ||||||
4 | or disease; and
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5 | 15. consent, in writing, to the release of results of | ||||||
6 | reasonable suspicion drug and alcohol testing under | ||||||
7 | Section 6-106.1c of this Code by the employer of the | ||||||
8 | applicant to the Secretary of State. | ||||||
9 | (b) A school bus driver permit shall be valid for a period | ||||||
10 | specified by
the Secretary of State as set forth by rule. It | ||||||
11 | shall be renewable upon compliance with subsection (a) of this
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12 | Section.
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13 | (c) A school bus driver permit shall contain the holder's | ||||||
14 | driver's
license number, legal name, residence address, zip | ||||||
15 | code, and date
of birth, a brief description of the holder and | ||||||
16 | a space for signature. The
Secretary of State may require a | ||||||
17 | suitable photograph of the holder.
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18 | (d) The employer shall be responsible for conducting a | ||||||
19 | pre-employment
interview with prospective school bus driver | ||||||
20 | candidates, distributing school
bus driver applications and | ||||||
21 | medical forms to be completed by the applicant, and
submitting | ||||||
22 | the applicant's fingerprint cards , if required, to the | ||||||
23 | Department of State Police
that are required for the criminal | ||||||
24 | background investigations. The employer
shall certify in | ||||||
25 | writing to the Secretary of State that all pre-employment
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26 | conditions have been successfully completed including the |
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1 | successful completion
of an Illinois specific criminal | ||||||
2 | background investigation through the
Department of State | ||||||
3 | Police and the submission of necessary
fingerprints to the | ||||||
4 | Federal Bureau of Investigation for criminal
history | ||||||
5 | information available through the Federal Bureau of
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6 | Investigation system , if applicable . The applicant shall | ||||||
7 | present the
certification to the Secretary of State at the time | ||||||
8 | of submitting
the school bus driver permit application.
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9 | (e) Permits shall initially be provisional upon receiving
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10 | certification from the employer that all pre-employment | ||||||
11 | conditions
have been successfully completed, and upon | ||||||
12 | successful completion of
all training and examination | ||||||
13 | requirements for the classification of
the vehicle to be | ||||||
14 | operated, the Secretary of State shall
provisionally issue a | ||||||
15 | School Bus Driver Permit. The permit shall
remain in a | ||||||
16 | provisional status pending the completion of the
Federal Bureau | ||||||
17 | of Investigation's criminal background investigation based
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18 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
19 | of
Investigation by the Department of State Police , or of a | ||||||
20 | non-fingerprint based criminal background investigation by the | ||||||
21 | Federal Bureau of Investigation . The Federal Bureau of
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22 | Investigation shall report the findings directly to the | ||||||
23 | Secretary
of State. The Secretary of State shall remove the bus | ||||||
24 | driver
permit from provisional status upon the applicant's | ||||||
25 | successful
completion of the Federal Bureau of Investigation's | ||||||
26 | criminal
background investigation.
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1 | (f) A school bus driver permit holder shall notify the
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2 | employer and the Secretary of State if he or she is issued an | ||||||
3 | order of court supervision for or convicted in
another state of | ||||||
4 | an offense that would make him or her ineligible
for a permit | ||||||
5 | under subsection (a) of this Section. The
written notification | ||||||
6 | shall be made within 5 days of the entry of
the order of court | ||||||
7 | supervision or conviction. Failure of the permit holder to | ||||||
8 | provide the
notification is punishable as a petty
offense for a | ||||||
9 | first violation and a Class B misdemeanor for a
second or | ||||||
10 | subsequent violation.
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11 | (g) Cancellation; suspension; notice and procedure.
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12 | (1) The Secretary of State shall cancel a school bus
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13 | driver permit of an applicant whose criminal background | ||||||
14 | investigation
discloses that he or she is not in compliance | ||||||
15 | with the provisions of subsection
(a) of this Section.
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16 | (2) The Secretary of State shall cancel a school
bus | ||||||
17 | driver permit when he or she receives notice that the | ||||||
18 | permit holder fails
to comply with any provision of this | ||||||
19 | Section or any rule promulgated for the
administration of | ||||||
20 | this Section.
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21 | (3) The Secretary of State shall cancel a school bus
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22 | driver permit if the permit holder's restricted commercial | ||||||
23 | or
commercial driving privileges are withdrawn or | ||||||
24 | otherwise
invalidated.
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25 | (4) The Secretary of State may not issue a school bus
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26 | driver permit for a period of 3 years to an applicant who |
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1 | fails to
obtain a negative result on a drug test as | ||||||
2 | required in item 6 of
subsection (a) of this Section or | ||||||
3 | under federal law.
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4 | (5) The Secretary of State shall forthwith suspend
a | ||||||
5 | school bus driver permit for a period of 3 years upon | ||||||
6 | receiving
notice that the holder has failed to obtain a | ||||||
7 | negative result on a
drug test as required in item 6 of | ||||||
8 | subsection (a) of this Section
or under federal law.
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9 | (6) 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 failed to perform the | ||||||
12 | inspection procedure set forth in subsection (a) or (b) of | ||||||
13 | Section 12-816 of this Code. | ||||||
14 | (7) The Secretary of State shall suspend a school bus | ||||||
15 | driver permit for a period of 3 years upon receiving notice | ||||||
16 | from the employer that the holder refused to submit to an | ||||||
17 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
18 | submitted to a test required by that Section which | ||||||
19 | disclosed an alcohol concentration of more than 0.00 or | ||||||
20 | disclosed a positive result on a National Institute on Drug | ||||||
21 | Abuse five-drug panel, utilizing federal standards set | ||||||
22 | forth in 49 CFR 40.87. | ||||||
23 | The Secretary of State shall notify the State | ||||||
24 | Superintendent
of Education and the permit holder's | ||||||
25 | prospective or current
employer that the applicant has (1) has | ||||||
26 | failed a criminal
background investigation or (2) is no
longer |
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1 | eligible for a school bus driver permit; and of the related
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2 | cancellation of the applicant's provisional school bus driver | ||||||
3 | permit. The
cancellation shall remain in effect pending the | ||||||
4 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
5 | The scope of the
hearing shall be limited to the issuance | ||||||
6 | criteria contained in
subsection (a) of this Section. A | ||||||
7 | petition requesting a
hearing shall be submitted to the | ||||||
8 | Secretary of State and shall
contain the reason the individual | ||||||
9 | feels he or she is entitled to a
school bus driver permit. The | ||||||
10 | permit holder's
employer shall notify in writing to the | ||||||
11 | Secretary of State
that the employer has certified the removal | ||||||
12 | of the offending school
bus driver from service prior to the | ||||||
13 | start of that school bus
driver's next workshift. An employing | ||||||
14 | school board that fails to
remove the offending school bus | ||||||
15 | driver from service is
subject to the penalties defined in | ||||||
16 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
17 | violates a provision of this Section is
subject to the | ||||||
18 | penalties defined in Section 6-106.11.
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19 | All valid school bus driver permits issued under this | ||||||
20 | Section
prior to January 1, 1995, shall remain effective until | ||||||
21 | their
expiration date unless otherwise invalidated.
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22 | (h) When a school bus driver permit holder who is a service | ||||||
23 | member is called to active duty, the employer of the permit | ||||||
24 | holder shall notify the Secretary of State, within 30 days of | ||||||
25 | notification from the permit holder, that the permit holder has | ||||||
26 | been called to active duty. Upon notification pursuant to this |
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1 | subsection, (i) the Secretary of State shall characterize the | ||||||
2 | permit as inactive until a permit holder renews the permit as | ||||||
3 | provided in subsection (i) of this Section, and (ii) if a | ||||||
4 | permit holder fails to comply with the requirements of this | ||||||
5 | Section while called to active duty, the Secretary of State | ||||||
6 | shall not characterize the permit as invalid. | ||||||
7 | (i) A school bus driver permit holder who is a service | ||||||
8 | member returning from active duty must, within 90 days, renew a | ||||||
9 | permit characterized as inactive pursuant to subsection (h) of | ||||||
10 | this Section by complying with the renewal requirements of | ||||||
11 | subsection (b) of this Section. | ||||||
12 | (j) For purposes of subsections (h) and (i) of this | ||||||
13 | Section: | ||||||
14 | "Active duty" means active duty pursuant to an executive | ||||||
15 | order of the President of the United States, an act of the | ||||||
16 | Congress of the United States, or an order of the Governor. | ||||||
17 | "Service member" means a member of the Armed Services or | ||||||
18 | reserve forces of the United States or a member of the Illinois | ||||||
19 | National Guard. | ||||||
20 | (k) A private carrier employer of a school bus driver | ||||||
21 | permit holder, having satisfied the employer requirements of | ||||||
22 | this Section, shall be held to a standard of ordinary care for | ||||||
23 | intentional acts committed in the course of employment by the | ||||||
24 | bus driver permit holder. This subsection (k) shall in no way | ||||||
25 | limit the liability of the private carrier employer for | ||||||
26 | violation of any provision of this Section or for the negligent |
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1 | hiring or retention of a school bus driver permit holder. | ||||||
2 | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | ||||||
3 | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
|