Illinois General Assembly - Full Text of SB3003
Illinois General Assembly

Previous General Assemblies

Full Text of SB3003  100th General Assembly


Sen. Martin A. Sandoval

Filed: 4/18/2018





10000SB3003sam002LRB100 17975 LNS 38556 a


2    AMENDMENT NO. ______. Amend Senate Bill 3003 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 6-106.1 as follows:
6    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 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



10000SB3003sam002- 2 -LRB100 17975 LNS 38556 a

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:



10000SB3003sam002- 3 -LRB100 17975 LNS 38556 a

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;



10000SB3003sam002- 4 -LRB100 17975 LNS 38556 a

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



10000SB3003sam002- 5 -LRB100 17975 LNS 38556 a

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, 11-9.4-1, 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, 12-2.6, 12-3.05, 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



10000SB3003sam002- 6 -LRB100 17975 LNS 38556 a

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) any offense committed or attempted in any other state
7    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;



10000SB3003sam002- 7 -LRB100 17975 LNS 38556 a

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    (b) A school bus driver permit shall be valid for a period
9specified by the Secretary of State as set forth by rule. It
10shall be renewable upon compliance with subsection (a) of this
12    (c) A school bus driver permit shall contain the holder's
13driver's license number, legal name, residence address, zip
14code, and date of birth, a brief description of the holder and
15a space for signature. The Secretary of State may require a
16suitable photograph of the holder.
17    (d) The employer shall be responsible for conducting a
18pre-employment interview with prospective school bus driver
19candidates, distributing school bus driver applications and
20medical forms to be completed by the applicant, and submitting
21the applicant's fingerprint cards to the Department of State
22Police that are required for the criminal background
23investigations. The employer shall certify in writing to the
24Secretary of State that all pre-employment conditions have been
25successfully completed including the successful completion of
26an Illinois specific criminal background investigation through



10000SB3003sam002- 8 -LRB100 17975 LNS 38556 a

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



10000SB3003sam002- 9 -LRB100 17975 LNS 38556 a

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



10000SB3003sam002- 10 -LRB100 17975 LNS 38556 a

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



10000SB3003sam002- 11 -LRB100 17975 LNS 38556 a

1The scope of the hearing shall be limited to the issuance
2criteria contained in subsection (a) of this Section. A
3petition requesting a hearing shall be submitted to the
4Secretary of State and shall contain the reason the individual
5feels he or she is entitled to a school bus driver permit. The
6permit holder's employer shall notify in writing to the
7Secretary of State that the employer has certified the removal
8of the offending school bus driver from service prior to the
9start of that school bus driver's next workshift. An employing
10school board that fails to remove the offending school bus
11driver from service is subject to the penalties defined in
12Section 3-14.23 of the School Code. A school bus contractor who
13violates a provision of this Section is subject to the
14penalties defined in Section 6-106.11.
15    All valid school bus driver permits issued under this
16Section prior to January 1, 1995, shall remain effective until
17their expiration date unless otherwise invalidated.
18    (h) When a school bus driver permit holder who is a service
19member is called to active duty, the employer of the permit
20holder shall notify the Secretary of State, within 30 days of
21notification from the permit holder, that the permit holder has
22been called to active duty. Upon notification pursuant to this
23subsection, (i) the Secretary of State shall characterize the
24permit as inactive until a permit holder renews the permit as
25provided in subsection (i) of this Section, and (ii) if a
26permit holder fails to comply with the requirements of this



10000SB3003sam002- 12 -LRB100 17975 LNS 38556 a

1Section while called to active duty, the Secretary of State
2shall not characterize the permit as invalid.
3    (i) A school bus driver permit holder who is a service
4member returning from active duty must, within 90 days, renew a
5permit characterized as inactive pursuant to subsection (h) of
6this Section by complying with the renewal requirements of
7subsection (b) of this Section.
8    (j) For purposes of subsections (h) and (i) of this
10    "Active duty" means active duty pursuant to an executive
11order of the President of the United States, an act of the
12Congress of the United States, or an order of the Governor.
13    "Service member" means a member of the Armed Services or
14reserve forces of the United States or a member of the Illinois
15National Guard.
16    (k) A private carrier employer of a school bus driver
17permit holder, having satisfied the employer requirements of
18this Section, shall be held to a standard of ordinary care for
19intentional acts committed in the course of employment by the
20bus driver permit holder. This subsection (k) shall in no way
21limit the liability of the private carrier employer for
22violation of any provision of this Section or for the negligent
23hiring or retention of a school bus driver permit holder.
24(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
2599-642, eff. 7-28-16; 100-513, eff. 1-1-18.)".