Illinois General Assembly - Full Text of SB3003
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Full Text of SB3003  100th General Assembly

SB3003 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3003

 

Introduced 2/15/2018, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-195  from Ch. 95 1/2, par. 1-195
625 ILCS 5/6-106.1  from Ch. 95 1/2, par. 6-106.1

    Amends the Illinois Vehicle Code. Adds a state of Mexico to the definition of "state". Provides that an applicant for a school bus driving permit cannot have been convicted of committing or attempting to commit specific offenses under the Criminal Code of 2012. Provides that an applicant cannot have been convicted of committing or attempting to commit a felony under the Cannabis Control Act. Provides that an applicant cannot have been convicted of committing or attempting to commit a felony under the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Methamphetamine Precursor Control Act. Provides that an applicant cannot have been convicted of committing or attempting to commit a felony under the Liquor Control Act of 1934.


LRB100 17975 LNS 33159 b

 

 

A BILL FOR

 

SB3003LRB100 17975 LNS 33159 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
5Sections 1-195 and 6-106.1 as follows:
 
6    (625 ILCS 5/1-195)  (from Ch. 95 1/2, par. 1-195)
7    Sec. 1-195. State.
8    A state, territory or possession of the United States, the
9District of Columbia, the Commonwealth of Puerto Rico, a state
10of Mexico, or a province of the Dominion of Canada.
11(Source: P.A. 76-1586.)
 
12    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
13    Sec. 6-106.1. School bus driver permit.
14    (a) The Secretary of State shall issue a school bus driver
15permit to those applicants who have met all the requirements of
16the application and screening process under this Section to
17insure the welfare and safety of children who are transported
18on school buses throughout the State of Illinois. Applicants
19shall obtain the proper application required by the Secretary
20of State from their prospective or current employer and submit
21the completed application to the prospective or current
22employer along with the necessary fingerprint submission as

 

 

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1required by the Department of State Police to conduct
2fingerprint based criminal background checks on current and
3future information available in the state system and current
4information available through the Federal Bureau of
5Investigation's system. Applicants who have completed the
6fingerprinting requirements shall not be subjected to the
7fingerprinting process when applying for subsequent permits or
8submitting proof of successful completion of the annual
9refresher course. Individuals who on July 1, 1995 (the
10effective date of Public Act 88-612) possess a valid school bus
11driver permit that has been previously issued by the
12appropriate Regional School Superintendent are not subject to
13the fingerprinting provisions of this Section as long as the
14permit remains valid and does not lapse. The applicant shall be
15required to pay all related application and fingerprinting fees
16as established by rule including, but not limited to, the
17amounts established by the Department of State Police and the
18Federal Bureau of Investigation to process fingerprint based
19criminal background investigations. All fees paid for
20fingerprint processing services under this Section shall be
21deposited into the State Police Services Fund for the cost
22incurred in processing the fingerprint based criminal
23background investigations. All other fees paid under this
24Section shall be deposited into the Road Fund for the purpose
25of defraying the costs of the Secretary of State in
26administering this Section. All applicants must:

 

 

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1        1. be 21 years of age or older;
2        2. possess a valid and properly classified driver's
3    license issued by the Secretary of State;
4        3. possess a valid driver's license, which has not been
5    revoked, suspended, or canceled for 3 years immediately
6    prior to the date of application, or have not had his or
7    her commercial motor vehicle driving privileges
8    disqualified within the 3 years immediately prior to the
9    date of application;
10        4. successfully pass a written test, administered by
11    the Secretary of State, on school bus operation, school bus
12    safety, and special traffic laws relating to school buses
13    and submit to a review of the applicant's driving habits by
14    the Secretary of State at the time the written test is
15    given;
16        5. demonstrate ability to exercise reasonable care in
17    the operation of school buses in accordance with rules
18    promulgated by the Secretary of State;
19        6. demonstrate physical fitness to operate school
20    buses by submitting the results of a medical examination,
21    including tests for drug use for each applicant not subject
22    to such testing pursuant to federal law, conducted by a
23    licensed physician, a licensed advanced practice
24    registered nurse, or a licensed physician assistant within
25    90 days of the date of application according to standards
26    promulgated by the Secretary of State;

 

 

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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, 8-1.2, 9-1, 9-1.2,
3    9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4,
4    10-5, 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    11-9.1A, 11-9.3, 11-9.4-1, 11-9.4, 11-14, 11-14.1,
7    11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
8    11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
9    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
10    11-26, 11-30, 12-3.05, 12-2.6, 12-3.1, 12-4, 12-4.1,
11    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12    12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3,
13    12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,
14    12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10,
15    12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3,
16    18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
17    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
18    24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1,
19    and in subsection (b) of Section 8-1, and in subdivisions
20    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
21    and (f)(1) of Section 12-3.05, and in subsection (a) and
22    subsection (b), clause (1), of Section 12-4, and in
23    subsection (A), clauses (a) and (b), of Section 24-3, and
24    those offenses contained in Article 29D of the Criminal
25    Code of 1961 or the Criminal Code of 2012; (ii) those
26    offenses defined in the Cannabis Control Act except those

 

 

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1    offenses defined in subsections (a) and (b) of Section 4,
2    and subsection (a) of Section 5 of the Cannabis Control
3    Act; (iii) those offenses defined in the Illinois
4    Controlled Substances Act; (iv) those offenses defined in
5    the Methamphetamine Control and Community Protection Act;
6    (v) or any offense committed or attempted in any other
7    state or against the laws of the United States, which if
8    committed or attempted in this State would be punishable as
9    one or more of the foregoing offenses; (vi) the offenses
10    defined in Section 4.1 and 5.1 of the Wrongs to Children
11    Act or Section 11-9.1A of the Criminal Code of 1961 or the
12    Criminal Code of 2012; (vii) those offenses defined in
13    Section 6-16 of the Liquor Control Act of 1934; and (viii)
14    those offenses defined in the Methamphetamine Precursor
15    Control Act;
16        12. not have been repeatedly involved as a driver in
17    motor vehicle collisions or been repeatedly convicted of
18    offenses against laws and ordinances regulating the
19    movement of traffic, to a degree which indicates lack of
20    ability to exercise ordinary and reasonable care in the
21    safe operation of a motor vehicle or disrespect for the
22    traffic laws and the safety of other persons upon the
23    highway;
24        13. not have, through the unlawful operation of a motor
25    vehicle, caused an accident resulting in the death of any
26    person;

 

 

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1        14. not have, within the last 5 years, been adjudged to
2    be afflicted with or suffering from any mental disability
3    or disease; and
4        15. consent, in writing, to the release of results of
5    reasonable suspicion drug and alcohol testing under
6    Section 6-106.1c of this Code by the employer of the
7    applicant to the Secretary of State.
8        16. not have been convicted of committing or attempting
9    to commit a felony for any one or more of offenses defined
10    in the Cannabis Control Act or any offense committed or
11    attempted in any other state or against the laws of the
12    United States, which if committed or attempted in this
13    State would be punishable as one or more of the foregoing
14    offenses;
15        17. not have been convicted of committing or attempting
16    to commit a felony for any one or more of offenses defined
17    in the Illinois Controlled Substances Act, the
18    Methamphetamine Control and Community Protection Act, the
19    Methamphetamine Precursor Control Act, or any offense
20    committed or attempted in any other state or against the
21    laws of the United States, which if committed or attempted
22    in this State would be punishable as one or more of the
23    foregoing offenses;
24        18. not have been convicted of committing or attempting
25    to commit a felony for any one or more of offenses defined
26    in Section 6-16 of the Liquor Control Act of 1934 or any

 

 

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1    offense committed or attempted in any other state or
2    against the laws of the United States, which if committed
3    or attempted in this State would be punishable as one or
4    more of the foregoing offenses;
5    (b) A school bus driver permit shall be valid for a period
6specified by the Secretary of State as set forth by rule. It
7shall be renewable upon compliance with subsection (a) of this
8Section.
9    (c) A school bus driver permit shall contain the holder's
10driver's license number, legal name, residence address, zip
11code, and date of birth, a brief description of the holder and
12a space for signature. The Secretary of State may require a
13suitable photograph of the holder.
14    (d) The employer shall be responsible for conducting a
15pre-employment interview with prospective school bus driver
16candidates, distributing school bus driver applications and
17medical forms to be completed by the applicant, and submitting
18the applicant's fingerprint cards to the Department of State
19Police that are required for the criminal background
20investigations. The employer shall certify in writing to the
21Secretary of State that all pre-employment conditions have been
22successfully completed including the successful completion of
23an Illinois specific criminal background investigation through
24the Department of State Police and the submission of necessary
25fingerprints to the Federal Bureau of Investigation for
26criminal history information available through the Federal

 

 

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1Bureau of Investigation system. The applicant shall present the
2certification to the Secretary of State at the time of
3submitting the school bus driver permit application.
4    (e) Permits shall initially be provisional upon receiving
5certification from the employer that all pre-employment
6conditions have been successfully completed, and upon
7successful completion of all training and examination
8requirements for the classification of the vehicle to be
9operated, the Secretary of State shall provisionally issue a
10School Bus Driver Permit. The permit shall remain in a
11provisional status pending the completion of the Federal Bureau
12of Investigation's criminal background investigation based
13upon fingerprinting specimens submitted to the Federal Bureau
14of Investigation by the Department of State Police. The Federal
15Bureau of Investigation shall report the findings directly to
16the Secretary of State. The Secretary of State shall remove the
17bus driver permit from provisional status upon the applicant's
18successful completion of the Federal Bureau of Investigation's
19criminal background investigation.
20    (f) A school bus driver permit holder shall notify the
21employer and the Secretary of State if he or she is issued an
22order of court supervision for or convicted in another state of
23an offense that would make him or her ineligible for a permit
24under subsection (a) of this Section. The written notification
25shall be made within 5 days of the entry of the order of court
26supervision or conviction. Failure of the permit holder to

 

 

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1provide the notification is punishable as a petty offense for a
2first violation and a Class B misdemeanor for a second or
3subsequent violation.
4    (g) Cancellation; suspension; notice and procedure.
5        (1) The Secretary of State shall cancel a school bus
6    driver permit of an applicant whose criminal background
7    investigation discloses that he or she is not in compliance
8    with the provisions of subsection (a) of this Section.
9        (2) The Secretary of State shall cancel a school bus
10    driver permit when he or she receives notice that the
11    permit holder fails to comply with any provision of this
12    Section or any rule promulgated for the administration of
13    this Section.
14        (3) The Secretary of State shall cancel a school bus
15    driver permit if the permit holder's restricted commercial
16    or commercial driving privileges are withdrawn or
17    otherwise invalidated.
18        (4) The Secretary of State may not issue a school bus
19    driver permit for a period of 3 years to an applicant who
20    fails to obtain a negative result on a drug test as
21    required in item 6 of subsection (a) of this Section or
22    under federal law.
23        (5) The Secretary of State shall forthwith suspend a
24    school bus driver permit for a period of 3 years upon
25    receiving notice that the holder has failed to obtain a
26    negative result on a drug test as required in item 6 of

 

 

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1    subsection (a) of this Section or under federal law.
2        (6) The Secretary of State shall suspend a school bus
3    driver permit for a period of 3 years upon receiving notice
4    from the employer that the holder failed to perform the
5    inspection procedure set forth in subsection (a) or (b) of
6    Section 12-816 of this Code.
7        (7) The Secretary of State shall suspend a school bus
8    driver permit for a period of 3 years upon receiving notice
9    from the employer that the holder refused to submit to an
10    alcohol or drug test as required by Section 6-106.1c or has
11    submitted to a test required by that Section which
12    disclosed an alcohol concentration of more than 0.00 or
13    disclosed a positive result on a National Institute on Drug
14    Abuse five-drug panel, utilizing federal standards set
15    forth in 49 CFR 40.87.
16    The Secretary of State shall notify the State
17Superintendent of Education and the permit holder's
18prospective or current employer that the applicant has (1) has
19failed a criminal background investigation or (2) is no longer
20eligible for a school bus driver permit; and of the related
21cancellation of the applicant's provisional school bus driver
22permit. The cancellation shall remain in effect pending the
23outcome of a hearing pursuant to Section 2-118 of this Code.
24The scope of the hearing shall be limited to the issuance
25criteria contained in subsection (a) of this Section. A
26petition requesting a hearing shall be submitted to the

 

 

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1Secretary of State and shall contain the reason the individual
2feels he or she is entitled to a school bus driver permit. The
3permit holder's employer shall notify in writing to the
4Secretary of State that the employer has certified the removal
5of the offending school bus driver from service prior to the
6start of that school bus driver's next workshift. An employing
7school board that fails to remove the offending school bus
8driver from service is subject to the penalties defined in
9Section 3-14.23 of the School Code. A school bus contractor who
10violates a provision of this Section is subject to the
11penalties defined in Section 6-106.11.
12    All valid school bus driver permits issued under this
13Section prior to January 1, 1995, shall remain effective until
14their expiration date unless otherwise invalidated.
15    (h) When a school bus driver permit holder who is a service
16member is called to active duty, the employer of the permit
17holder shall notify the Secretary of State, within 30 days of
18notification from the permit holder, that the permit holder has
19been called to active duty. Upon notification pursuant to this
20subsection, (i) the Secretary of State shall characterize the
21permit as inactive until a permit holder renews the permit as
22provided in subsection (i) of this Section, and (ii) if a
23permit holder fails to comply with the requirements of this
24Section while called to active duty, the Secretary of State
25shall not characterize the permit as invalid.
26    (i) A school bus driver permit holder who is a service

 

 

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1member returning from active duty must, within 90 days, renew a
2permit characterized as inactive pursuant to subsection (h) of
3this Section by complying with the renewal requirements of
4subsection (b) of this Section.
5    (j) For purposes of subsections (h) and (i) of this
6Section:
7    "Active duty" means active duty pursuant to an executive
8order of the President of the United States, an act of the
9Congress of the United States, or an order of the Governor.
10    "Service member" means a member of the Armed Services or
11reserve forces of the United States or a member of the Illinois
12National Guard.
13    (k) A private carrier employer of a school bus driver
14permit holder, having satisfied the employer requirements of
15this Section, shall be held to a standard of ordinary care for
16intentional acts committed in the course of employment by the
17bus driver permit holder. This subsection (k) shall in no way
18limit the liability of the private carrier employer for
19violation of any provision of this Section or for the negligent
20hiring or retention of a school bus driver permit holder.
21(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
2299-642, eff. 7-28-16; 100-513, eff. 1-1-18.)