093_SB0150sam001

 










                                     LRB093 06730 DRH 13577 a

 1                    AMENDMENT TO SENATE BILL 150

 2        AMENDMENT NO.     .  Amend Senate Bill 150  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Illinois  Vehicle  Code is amended by
 5    changing Sections 6-104 and 6-508 as follows:

 6        (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)
 7        Sec.   6-104.  Classification   of   Driver   -   Special
 8    Restrictions.
 9        (a)  A driver's license issued  under  the  authority  of
10    this  Act  shall  indicate  the  classification for which the
11    applicant therefor has qualified by examination  or  by  such
12    other  means  that  the  Secretary  of State shall prescribe.
13    Driver's license classifications shall be prescribed by  rule
14    or  regulation promulgated by the Secretary of State and such
15    may specify classifications as to operation of motor vehicles
16    of the first division, or of those of  the  second  division,
17    whether operated singly or in lawful combination, and whether
18    for-hire   or   not-for-hire,  and  may  specify  such  other
19    classifications as the Secretary deems necessary.
20        No person shall  operate  a  motor  vehicle  unless  such
21    person  has  a  valid license with a proper classification to
22    permit the operation of such vehicle, except that any  person
 
                            -2-      LRB093 06730 DRH 13577 a
 1    may operate a motorized pedalcycle if such person has a valid
 2    current    Illinois    driver's    license,   regardless   of
 3    classification.
 4        (b)  No person who is under the age of 21  years  or  has
 5    had  less than 1 year of driving experience shall drive:  (1)
 6    in connection with the operation of  any  school,  day  camp,
 7    summer  camp,  or nursery school, any public or private motor
 8    vehicle for transporting children to or from any school,  day
 9    camp,  summer  camp,  or  nursery  school,  or (2) any  motor
10    vehicle  of  the  second  division  when  in  use   for   the
11    transportation of persons for compensation.
12        (c)  No  person who is under the age of 18 years shall be
13    issued a license for the purpose of transporting property for
14    hire,  or  for  the  purpose  of  transporting  persons   for
15    compensation in a motor vehicle of the first division.
16        (d)  No  person  shall  drive:   (1)  a  school  bus when
17    transporting school children unless such person  possesses  a
18    valid   school  bus  driver  permit  or  is  accompanied  and
19    supervised, for the specific purpose  of  training  prior  to
20    routine operation of a school bus, by a person who has held a
21    valid  school bus driver permit for at least one year; or (2)
22    any other vehicle owned or operated by or  for  a  public  or
23    private   school,   or  a  school  operated  by  a  religious
24    institution,  where  such  vehicle  is  being  used  over   a
25    regularly  scheduled  route for the transportation of persons
26    enrolled as a student in grade 12  or  below,  in  connection
27    with   any  activity  of  the  entities  unless  such  person
28    possesses a valid school bus driver permit.
29        (d-5)  No person may drive a bus that does not  meet  the
30    special  requirements  for  school buses provided in Sections
31    12-801, 12-802, 12-803, and 12-805 of this Code that has been
32    chartered for  the  sole  purpose  of  transporting  students
33    regularly   enrolled   in  grade  12  or  below  to  or  from
34    interscholastic  athletic  or   interscholastic   or   school
 
                            -3-      LRB093 06730 DRH 13577 a
 1    sponsored  activities  unless  the  person  has  a  valid and
 2    properly classified commercial driver's license, as  provided
 3    in subsection (c-1) of Section 6-508 of this Code, or a valid
 4    school  bus  driver permit in addition to any other permit or
 5    license  that  is  required  to  operate  that   bus.    This
 6    subsection (d-5) does not apply to any bus driver employed by
 7    a  public transportation provider authorized to conduct local
 8    or interurban transportation of passengers when  the  bus  is
 9    not  traveling  a  specific  school  bus  route  but  is on a
10    regularly scheduled route for the transporting of other  fare
11    paying passengers.
12        (e)  No  person  shall drive a religious organization bus
13    unless such  person  has  a  valid  and  properly  classified
14    drivers license or a valid school bus driver permit.
15        (f)  No  person  shall  drive  a  motor  vehicle  for the
16    purpose  of  providing  transportation  for  the  elderly  in
17    connection with the  activities  of  any  public  or  private
18    organization  unless  such  person  has  a valid and properly
19    classified driver's license issued by the Secretary of State.
20        (g)  No person shall drive a bus which meets the  special
21    requirements  for  school  buses  provided in Section 12-801,
22    12-802, 12-803 and 12-805 of this Code  for  the  purpose  of
23    transporting  persons  18  years of age or less in connection
24    with any youth camp licensed under the Youth Camp Act or  any
25    child care facility licensed under the Child Care Act of 1969
26    unless such person possesses a valid school bus driver permit
27    or is accompanied and supervised, for the specific purpose of
28    training  prior  to  routine  operation of a school bus, by a
29    person who has held a valid school bus driver permit  for  at
30    least  one  year;  however,  a  person  who  has  a valid and
31    properly classified driver's license issued by the  Secretary
32    of  State  may  operate  a  school  bus  for  the  purpose of
33    transporting persons 18 years of age or  less  in  connection
34    with  any  such  youth  camp  or  child  care facility if the
 
                            -4-      LRB093 06730 DRH 13577 a
 1    "SCHOOL BUS" signs are covered  or  concealed  and  the  stop
 2    signal  arm  and  flashing  signal  systems  are not operable
 3    through normal controls.
 4    (Source: P.A. 92-849, eff. 1-1-03.)

 5        (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
 6        Sec.  6-508.   Commercial  Driver's   License   (CDL)   -
 7    qualification standards.
 8        (a)  Testing.
 9             (1)  General.  No person shall be issued an original
10        or  renewal  CDL  unless that person is domiciled in this
11        State.  The Secretary shall cause to be administered such
12        tests as  the  Secretary  deems  necessary  to  meet  the
13        requirements of 49 C.F.R. Part 383, subparts G and H.
14             (2)  Third  party  testing.   The Secretary of state
15        may authorize a "third  party  tester",  pursuant  to  49
16        C.F.R.  Part  383.75,  to  administer  the skills test or
17        tests  specified  by   Federal   Highway   Administration
18        pursuant  to  the  Commercial Motor Vehicle Safety Act of
19        1986 and any appropriate federal rule.
20        (b)  Waiver of Skills Test.  The Secretary of  State  may
21    waive  the  skills  test  specified  in  this  Section  for a
22    commercial   driver   license   applicant   who   meets   the
23    requirements of 49 C.F.R. Part 383.77.
24        (c)  Limitations on issuance of  a  CDL.   A  CDL,  or  a
25    commercial  driver instruction permit, shall not be issued to
26    a person while the person is subject  to  a  disqualification
27    from  driving a commercial motor vehicle, or unless otherwise
28    permitted by this Code, while the person's  driver's  license
29    is  suspended,  revoked  or  cancelled  in  any state, or any
30    territory or province of Canada; nor may a CDL be issued to a
31    person who has a CDL issued by any other  state,  or  foreign
32    jurisdiction,  unless  the  person  first surrenders all such
33    licenses.  No CDL shall be issued to or renewed for a  person
 
                            -5-      LRB093 06730 DRH 13577 a
 1    who  does  not  meet the requirement of 49 CFR 391.41(b)(11).
 2    The requirement may be met with the aid of a hearing aid.
 3        (c-1)  The Secretary may issue a CDL with  a  school  bus
 4    driver endorsement to allow a person to drive the type of bus
 5    described  in subsection (d-5) of Section 6-104 of this Code.
 6    The CDL with a school bus driver endorsement  may  be  issued
 7    only to a person meeting the following requirements:
 8             (1)  the   person   has   submitted   his   or   her
 9        fingerprints  to  the  Department  of  State  Police  for
10        fingerprint  based  criminal background checks on current
11        and future information available in the state system  and
12        current  information available through the Federal Bureau
13        of Investigation's system;
14             (2)  the  person  has   passed   a   written   test,
15        administered  by  the  Secretary of State, on charter bus
16        operation,  charter  bus  safety,  and  certain   special
17        traffic  laws  relating to school buses determined by the
18        Secretary of State to be relevant to charter  buses,  and
19        submitted  to  a review of the applicant's driving habits
20        by the Secretary of State at the time the written test is
21        given;
22             (3)  the person has demonstrated physical fitness to
23        operate school buses  by  submitting  the  results  of  a
24        medical examination, including tests for drug use; and
25             (4)  the person has not been convicted of committing
26        or  attempting to commit any one or more of the following
27        offenses:  (i) those offenses defined  in  Sections  9-1,
28        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
29        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
30        11-15.1,  11-16,  11-17,  11-18, 11-19, 11-19.1, 11-19.2,
31        11-20, 11-20.1, 11-21,  11-22,  12-3.1,  12-4.1,  12-4.2,
32        12-4.3,  12-4.4,  12-4.5,  12-6,  12-6.2, 12-7.1, 12-7.3,
33        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
34        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
 
                            -6-      LRB093 06730 DRH 13577 a
 1        18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1,  24-1.2,  24-3.3,
 2        31A-1,  31A-1.1,  and  33A-2,  and  in subsection (a) and
 3        subsection (b),  clause  (1),  of  Section  12-4  of  the
 4        Criminal Code of 1961; (ii) those offenses defined in the
 5        Cannabis  Control  Act  except  those offenses defined in
 6        subsections (a) and (b) of Section 4, and subsection  (a)
 7        of  Section  5  of  the Cannabis Control Act; (iii) those
 8        offenses defined in the  Illinois  Controlled  Substances
 9        Act; (iv) any offense committed or attempted in any other
10        state  or against the laws of the United States, which if
11        committed or attempted in this State would be  punishable
12        as  one  or  more  of  the  foregoing  offenses;  (v) the
13        offenses defined in Sections 4.1 and 5.1 of the Wrongs to
14        Children Act and (vi) those offenses defined  in  Section
15        6-16 of the Liquor Control Act of 1934.
16        (c-2)  The  Secretary  may  issue  a  school  bus  driver
17    certificate to a person who possesses a CDL issued by another
18    state   and   has   demonstrated  that  he  or  she  has  met
19    substantially  equivalent  requirements  established  by  the
20    Secretary for a school bus driver endorsement. The  Secretary
21    shall  establish  and maintain a registry of persons who have
22    met the requirements of this subsection (c-2).
23        The Secretary shall adopt  rules  for  implementing  this
24    subsection (c-2).
25        (d)  Commercial  driver instruction permit.  A commercial
26    driver instruction permit may be issued to any person holding
27    a valid Illinois driver's license if such person successfully
28    passes  such  tests  as  the  Secretary  determines   to   be
29    necessary.  A  commercial driver instruction permit shall not
30    be issued to a person who does not meet the  requirements  of
31    49 CFR 391.41 (b)(11), except for the renewal of a commercial
32    driver  instruction  permit  for  a  person  who  possesses a
33    commercial instruction permit prior to the effective date  of
34    this amendatory Act of 1999.
 
                            -7-      LRB093 06730 DRH 13577 a
 1    (Source: P.A. 91-350, eff. 7-29-99.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.".