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January 24, 2005

Randy Nehrt
Dave Druker




State To Begin Collecting Fingerprints For Hazardous Materials Haulers Jan. 31

SPRINGFIELD — Secretary of State Jesse White announced that effective January 31 commercial drivers applying for a Hazardous Materials Endorsement (HME) for the first time will be required to submit to fingerprint background checks. Beginning May 31, the fingerprint background check requirement will be extended to commercial drivers as they renew or transfer their HME.

"New federal regulations require all state's to fingerprint commercial drivers who haul hazardous materials in order for the Transportation Security Administration to conduct threat assessments," White said. "My office has worked to ensure that we are able to assist the federal government with security measures at the least inconvenience to Illinois truck drivers and trucking companies."

The fingerprints and federal background checks are required under the USA PATRIOT Act (Public Law 107-56, Section 1012) and the Safe Explosives Act (Public Law 107-296, Sections 1121-1123). Each state is directed to submit fingerprints for HME applicants to the Transportation Security Administration (TSA) who will conduct the threat assessments and determine if the individual is eligible for the HME. TSA indicated the process would take approximately two weeks. The Secretary of State's office issues a renewal notice to anyone holding a Commercial Driver's License (CDL) 60 days prior to expiration. White said HME applicants should renew as soon as possible after receiving their notice in order to clear the process before they expire.

The Secretary of State's Office will not issue a Hazardous Materials Endorsement until the results of the background records checks are successfully completed by TSA and the Secretary of State is notified. Upon notification from TSA, the Secretary of State's Office will notify the driver to return to a CDL Facility for issuance of a Hazardous Materials Endorsement.

There are approximately 95,000 licensed commercial drivers with hazardous materials endorsements in Illinois. The Secretary of State's office receives approximately 540 new applications for hazardous materials endorsements each month. Hazardous materials include gasoline; propane and liquid natural gas; ammonia; chlorine and fluorine; hydrochloric acid and sulfuric acid; radioactive medical waste; explosive cartridges and blasting caps; and infectious substances such as anthrax. Due to the potential these materials have for causing serious injury or death, commercial drivers who transports them require a special endorsement for their CDL.

The TSA Hazardous Materials Endorsement Application form can be downloaded from the Secretary of State's website at www.cyberdriveillinois.com and may be filled out prior to the applicants arrival at the Drivers License Facility. However, the applicant must sign the form at an Illinois CDL facility in the presence of a facility examiner. Any application submitted to the facility with the signature already affixed will be rejected.

Once the application has been completed at a CDL Facility, the driver will have to contact one of the following six companies approved by the Illinois State Police to have their fingerprints taken. The applicant will be directed the company's nearest branch location.

  • Arts Investigation and Security
    409 West Huron, Suite 500, Chicago
    312-932-9999
  • Digby's Security
    2630 South Wabash Avenue, Chicago
    312-326-1100
  • Futures In Rehabilitation Management, Inc.
    206 South 6th Street, Springfield
    217-753-1190
  • Richardson & Associates
    18503 Torrence Avenue, Lansing
    708-474-4900
  • Security Professionals
    5650 South Archer Avenue, Chicago
    773-581-8181
  • Sylvan/Identix Fingerprint Centers LLC
    1650 W. Wabash Ave., Suite D, Springfield
    1-800-377-2080

According to TSA, the following criminal convictions are permanent disqualifiers, prompting a "lifetime ban" from holding a HME:

  • Terrorism
  • Espionage
  • Sedition
  • Treason
  • Murder
  • Unlawful use, purchase, receipt, transfer, shipping, transporting, import, export, or storage of an explosive
  • A crime involving a severe transportation security incident (i.e., security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
  • RICO violations (if the crime underlying the RICO conviction is on the list of permanently disqualifying crimes)
  • Improper transportation of a Hazmat (minor infractions involving transportation of hazardous materials will not disqualify a driver; for instance, no driver will be disqualified for minor roadside infractions or placarding violations)
  • Conspiracy or attempt to commit any of these crimes

An individual is disqualified from holding an HME if he or she was convicted or found not guilty by reason of insanity within the past seven years, was released from prison within the past five years, or is wanted or is under indictment, for any of the following crimes:

  • Assault with intent to murder
  • Kidnapping or hostage taking
  • Rape or aggravated sexual abuse
  • Extortion
  • Robbery
  • Arson
  • Bribery
  • Smuggling
  • Immigration violations
  • Dishonesty, fraud, or misrepresentation, including identity fraud (e.g. felony-level embezzlement, tax evasion, perjury, and false statements to the Federal government)
  • RICO violations (if the crime underlying the RICO conviction is on the list of interim disqualifying crimes)
  • Distribution of, possession with intent to distribute, or importation of a controlled substance ("simple possession" of a controlled substance without an intent to distribute is not considered disqualifying
  • Unlawful use, purchase, receipt, transfer, shipping, transporting, import, export, or storage of a firearm Conspiracy or attempt to commit any of these crimes

Additional information regarding the fingerprint background checks can be found on the Secretary of State's website, www.cyberdriveillinois.com, or the Transportation Security Administration's website, www.tsa.gov.

 
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