Illinois 95th Regular Session Status: Passed House

HB 3583 — VEH CD-SCHL BUS-ALCOHOL TEST

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Vehicle Code. Provides that, if the employer of a school bus driver reporting to work has a substantiated reason to suspect that the driver is under the influence of alcohol, the employer may require the driver to submit to testing for alcohol at a licensed testing facility before he or she is allowed to drive a school bus. Provides that the employer shall immediately notify the Secretary of State if the school bus driver refuses to submit to the testing or tests positive for the presence of alcohol or other drugs or intoxicating compounds.

Bill Text

What changed in the latest version

55 added · 275 removed

Plain-language change summary

The updated version of HB 3583 introduces a new section specifically targeting when an employer can require school bus drivers to undergo alcohol and drug testing. It allows employers to demand testing if they have reasonable suspicion based on clear observations of the driver's behavior, appearance, or speech. This change is significant because it establishes a clearer standard for testing drivers and aims to enhance the safety of school transportation by ensuring that only those who are fit to drive are allowed behind the wheel.

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*LRB09507008DRH27127b* HB3583 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB3583 Introduced 2/28/2007, by Rep.
HB3583 Engrossed LRB095 07008 DRH 27127 b AN ACT concerning transportation.
Lisa M.
Dugan SYNOPSIS AS INTRODUCED:
ILCS 5/6-106.1 from Ch.
95 1/2, par.
6-106.1 Amends the Illinois Vehicle Code.
Provides that, if the employer of a school bus driver reporting to work has a substantiated reason to suspect that the driver is under the influence of alcohol, the employer may require the driver to submit to testing for alcohol at a licensed testing facility before he or she is allowed to drive a school bus.
Provides that the employer shall immediately notify the Secretary of State if the school bus of alcohol or other drugs or intoxicating compounds.itive for the presence LRB095 07008 DRH 27127 b A BILL FOR HB3583 LRB095 07008 DRH 27127 b AN ACT concerning transportation.
The Illinois Vehicle Code is amended by changing Section 6-106.1 as follows:
The Illinois Vehicle Code is amended by adding Section 6-106c as follows:
(625 ILCS 5/6-106.1) (from Ch.
(625 ILCS 5/6-106c new) Sec.
95 1/2, par.
6-106c.
6-106.1) Sec.
Reasonable suspicion alcohol testing.
6-106.1.
(a) If an employer has reasonable suspicion to believe that a school bus driver is under the influence of alcohol, cannabis, any controlled substances listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act, the employer may require that the school bus driver submit to an alcohol or drug test or both at a licensed testing facility before the driver is allowed to drive a school bus.
School bus driver permit.
The employer’s determination that reasonable suspicion exists to require the driver to submit to an alcohol or drug test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.
(a) The Secretary of State shall issue a school bus driver permit to those applicants who have met all the requirements of the application and screening process under this Section to insure the welfare and safety of children who are transported on school buses throughout the State of Illinois.
(b) Alcohol or drug testing is authorized by this Section only if the observations required in subsection (a) of this HB3583 Engrossed - 2 - LRB095 07008 DRH 27127 b Section are made during, just preceding, or just after the time the school bus driver was on duty.
Applicants shall obtain the proper application required by the Secretary of State from their prospective or current employer and submit the completed application to the prospective or current employer along with the necessary fingerprint submission as required by the Department of State Police to conduct fingerprint based criminal background checks on current and future information available in the state system and current information available through the Federal Bureau of Investigation’s system.
(c) If the school bus driver refuses to submit to testing or submits to a test that discloses an alcohol concentration of more than 0.00, or any amount of cannabis, any controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act, the employer shall immediately notify the Secretary of State in a form and manner designated by the Secretary of State.
Applicants who have completed the fingerprinting requirements shall not be subjected to the fingerprinting process when applying for subsequent permits or HB3583 - 2 - LRB095 07008 DRH 27127 b submitting proof of successful completion of the annual refresher course.
(d) The Secretary of State shall cancel a school bus driver permit upon receiving notice that the holder has refused to submit to an alcohol or drug test or has submitted to a test that discloses an alcohol concentration of more than 0.00, or any amount of cannabis, any controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act.
Individuals who on the effective date of this Act possess a valid school bus driver permit that has been previously issued by the appropriate Regional School Superintendent are not subject to the fingerprinting provisions of this Section as long as the permit remains valid and does not lapse.
(e) A person whose privilege to possess a school bus permit has been cancelled under subsection (d) of this Section shall not be eligible for restoration of the privilege until the expiration of 3 years from the effective date of the cancellation.
The applicant shall be required to pay all related application and fingerprinting fees as established by rule including, but not limited to, the amounts established by the Department of State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations.
(f) Within 24 hours of the observed behavior, a written HB3583 Engrossed - 3 - LRB095 07008 DRH 27127 b record in a form and manner designated by the Secretary shall be made of the observations leading to an alcohol or other drugs reasonable suspicion test and signed by the supervisor or company official who made the observations.
All fees paid for fingerprint processing services under this Section shall be deposited into the State Police Services Fund for the cost incurred in processing the fingerprint based criminal background investigations.
This written record shall also be submitted to the Secretary of State within 48 hours of the observed behavior.
All other fees paid under this Section shall be deposited into the Road Fund for the purpose of defraying the costs of the Secretary of State in administering this Section.
All applicants must:
1.
be 21 years of age or older;
2.
possess a valid and properly classified driver’s license issued by the Secretary of State;
3.
possess a valid driver’s license, which has not been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges HB3583 - 3 - LRB095 07008 DRH 27127 b disqualified within the 3 years immediately prior to the date of application;
4.
successfully pass a written test, administered by the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant’s driving habits by the Secretary of State at the time the written test is given;
5.
demonstrate ability to exercise reasonable care in the operation of school buses in accordance with rules promulgated by the Secretary of State;
6.
demonstrate physical fitness to operate school buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician which authorizes him or her to perform medical examinations, or a physician assistant who has been delegated the performance of medical examinations by his or her supervising physician within 90 days of the date of application according to standards promulgated by the Secretary of State;
7.
affirm under penalties of perjury that he or she has not made a false statement or knowingly concealed a material fact in any application for permit;
HB3583 - 4 - LRB095 07008 DRH 27127 b 8.
have completed an initial classroom course, including first aid procedures, in school bus driver safety as promulgated by the Secretary of State;
and after satisfactory completion of said initial course an annual refresher course;
such courses and the agency or organization conducting such courses shall be approved by the Secretary of State;
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failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
9.
not have been convicted of 2 or more serious traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver’s passengers within the duration of the permit period;
10.
not have been convicted of reckless driving, driving while intoxicated, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
11.
not have been convicted of committing or attempting to commit any one or more of the following offenses:
(i) those offenses defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11, HB3583 - 5 - LRB095 07008 DRH 27127 b 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and subsection (b), clause (1), of Section 12-4 of the Criminal Code of 1961;
(ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act;
(iii) those offenses defined in the Illinois Controlled Substances Act;
(iv) those offenses defined in the Methamphetamine Control and Community Protection Act;
(v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses;
(vi) the offenses defined in Section 4.1 and 5.1 of the Wrongs to Children Act and (vii) those offenses defined in Section 6-16 of the Liquor Control Act of 1934;
12.
not have been repeatedly involved as a driver in motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
HB3583 - 6 - LRB095 07008 DRH 27127 b 13.
not have, through the unlawful operation of a motor vehicle, caused an accident resulting in the death of any person;
and 14.
not have, within the last 5 years, been adjudged to be afflicted with or suffering from any mental disability or disease.
(b) A school bus driver permit shall be valid for a period specified by the Secretary of State as set forth by rule.
It shall be renewable upon compliance with subsection (a) of this Section.
(c) A school bus driver permit shall contain the holder’s driver’s license number, legal name, residence address, zip code, social security number and date of birth, a brief description of the holder and a space for signature.
The Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment interview with prospective school bus driver candidates, distributing school bus driver applications and medical forms to be completed by the applicant, and submitting the applicant’s fingerprint cards to the Department of State Police that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed including the successful completion of an Illinois specific criminal background investigation through HB3583 - 7 - LRB095 07008 DRH 27127 b the Department of State Police and the submission of necessary fingerprints to the Federal Bureau of Investigation for criminal history information available through the Federal Bureau of Investigation system.
The applicant shall present the certification to the Secretary of State at the time of submitting the school bus driver permit application.
(d-5) If the employer has a substantiated reason to suspect that a school bus driver reporting to work is under the influence of alcohol, the employer may require that the school bus driver submit to testing for alcohol at a licensed testing facility before he or she is allowed to drive a school bus.
The employer shall immediately notify the Secretary of State if the school bus driver refuses to submit to the testing or tests positive for the presence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof.
As used in this subsection (d-5) a "substantiated reason" would include, but would not be limited to, a report from law enforcement officers or officials of the Department of Children and Family Services that the school bus driver was seen to be staggering or weaving or was noticed to have the smell of alcohol on his or her breath.
(e) Permits shall initially be provisional upon receiving certification from the employer that all pre-employment conditions have been successfully completed, and upon successful completion of all training and examination HB3583 - 8 - LRB095 07008 DRH 27127 b requirements for the classification of the vehicle to be operated, the Secretary of State shall provisionally issue a School Bus Driver Permit.
The permit shall remain in a provisional status pending the completion of the Federal Bureau of Investigation’s criminal background investigation based upon fingerprinting specimens submitted to the Federal Bureau of Investigation by the Department of State Police.
The Federal Bureau of Investigation shall report the findings directly to the Secretary of State.
The Secretary of State shall remove the bus driver permit from provisional status upon the applicant’s successful completion of the Federal Bureau of Investigation’s criminal background investigation.
(f) A school bus driver permit holder shall notify the employer and the Secretary of State if he or she is convicted in another state of an offense that would make him or her ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the entry of the conviction.
Failure of the permit holder to provide the notification is punishable as a petty offense for a first violation and a Class B misdemeanor for a second or subsequent violation.
(g) Cancellation;
suspension;
notice and procedure.
(1) The Secretary of State shall cancel a school bus driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
HB3583 - 9 - LRB095 07008 DRH 27127 b (2) The Secretary of State shall cancel a school bus driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
(3) The Secretary of State shall cancel a school bus driver permit if the permit holder’s restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
(4) The Secretary of State may not issue a school bus driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
(5) The Secretary of State shall forthwith suspend a school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
The Secretary of State shall notify the State Superintendent of Education and the permit holder’s prospective or current employer that the applicant has (1) has failed a criminal background investigation or (2) is no longer eligible for a school bus driver permit;
and of the related cancellation of the applicant’s provisional school bus driver permit.
The cancellation shall remain in effect pending the HB3583 - 10 - LRB095 07008 DRH 27127 b outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance criteria contained in subsection (a) of this Section.
A petition requesting a hearing shall be submitted to the Secretary of State and shall contain the reason the individual feels he or she is entitled to a school bus driver permit.
The permit holder’s employer shall notify in writing to the Secretary of State that the employer has certified the removal of the offending school bus driver from service prior to the start of that school bus driver’s next workshift.
An employing school board that fails to remove the offending school bus driver from service is subject to the penalties defined in Section 3-14.23 of the School Code.
A school bus contractor who violates a provision of this Section is subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section prior to January 1, 1995, shall remain effective until their expiration date unless otherwise invalidated.
(Source:
P.A.
93-895, eff.
1-1-05;
94-556, eff.
9-11-05.)
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Action History

  1. Session Sine Die

  2. Rule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee

  3. Rule 3-9(a) / Re-referred to Rules

  4. Postponed - Transportation

  5. Postponed - Transportation

  6. Assigned to Transportation

  7. Referred to Rules

  8. First Reading

  9. Chief Senate Sponsor Sen. Debbie DeFrancesco Halvorson

  10. Placed on Calendar Order of First Reading

  11. Arrive in Senate

  12. Third Reading - Short Debate - Passed 112-000-000

  13. Added Chief Co-Sponsor Rep. Dan Reitz

  14. Added Chief Co-Sponsor Rep. Thomas Holbrook

  15. Added Chief Co-Sponsor Rep. Michael K. Smith

  16. Added Chief Co-Sponsor Rep. Patrick J Verschoore

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. House Floor Amendment No. 1 Adopted by Voice Vote

  19. Second Reading - Short Debate

  20. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  21. House Floor Amendment No. 1 Referred to Rules Committee

  22. House Floor Amendment No. 1 Filed with Clerk by Rep. Lisa M. Dugan

  23. Placed on Calendar 2nd Reading - Short Debate

  24. Do Pass / Short Debate Transportation and Motor Vehicles Committee; 017-000-000

  25. Assigned to Transportation and Motor Vehicles Committee

  26. Referred to Rules Committee

  27. First Reading

  28. Filed with the Clerk by Rep. Lisa M. Dugan

Sponsors

  • Lisa M. Dugan · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Lisa M. Dugan

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 99006
Democrat 9000
Republican 4000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Granberg — Yea
Myers — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Schock — Yea
Reitz — Yea
Lyons — Yea
McGuire — Yea
Bradley, John — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Madigan — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Not Voting
Munson — Yea
Burke — Yea
Sullivan — Yea
Nekritz — Yea
Hannig — Yea
Patterson — Not Voting
Harris — Yea
Phelps — Yea
Scully — Yea
Hernandez — Yea
Sommer — Yea
Soto — Yea
Tryon — Yea
Turner — Yea
Watson — Yea
Howard — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Yarbrough — Yea
Davis, Monique — Yea
Younge — Yea
Mitchell, Jerry — Not Voting
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunn — Not Voting
Froehlich — Not Voting
Golar — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Osterman — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Winters — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Not Voting
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does HB 3583 do?
Amends the Illinois Vehicle Code. Provides that, if the employer of a school bus driver reporting to work has a substantiated reason to suspect that the driver is under the influence of alcohol, the employer may require the driver to submit to testing for alcohol at a licensed testing facility before he or she is allowed to drive a school bus. Provides that the employer shall immediately notify the Secretary of State if the school bus driver refuses to submit to the testing or tests positive for the presence of alcohol or other drugs or intoxicating compounds.
Who sponsors HB 3583?
HB 3583 is sponsored by Lisa M. Dugan.
What is the current status of HB 3583?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3583?
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