093_SB0150ren

SB150 Re-enrolled                    LRB093 06730 DRH 06864 b

 1        AN ACT in relation to vehicles.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The School Code is amended by adding Section
 5    10-20.21a as follows:

 6        (105 ILCS 5/10-20.21a new)
 7        Sec. 10-20.21a.  Contracts for charter bus  services.  To
 8    award  contracts  for  providing charter bus services for the
 9    sole purpose of transporting students regularly  enrolled  in
10    grade  12  or  below  to  or from interscholastic athletic or
11    interscholastic or school sponsored activities.
12        All contracts for providing charter bus services for  the
13    sole  purpose  of transporting students regularly enrolled in
14    grade 12 or below to  or  from  interscholastic  athletic  or
15    interscholastic  or  school sponsored activities must contain
16    clause (A) as set forth below, except that a contract with an
17    out-of-state company may contain clause  (B),  as  set  forth
18    below,  or  clause  (A).  The clause must be set forth in the
19    body of the contract in typeface of at least  12  points  and
20    all upper case letters:
21        (A)  "ALL   OF  THE  CHARTER  BUS  DRIVERS  WHO  WILL  BE
22    PROVIDING SERVICES UNDER THIS CONTRACT  HAVE,  OR  WILL  HAVE
23    BEFORE ANY SERVICES ARE PROVIDED:
24             (1)  SUBMITTED  THEIR FINGERPRINTS TO THE DEPARTMENT
25        OF STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY  THE
26        DEPARTMENT  OF STATE POLICE.  THESE FINGERPRINTS SHALL BE
27        CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER
28        FILED IN THE  DEPARTMENT  OF  STATE  POLICE  AND  FEDERAL
29        BUREAU   OF   INVESTIGATION   CRIMINAL   HISTORY  RECORDS
30        DATABASES.  THE  FINGERPRINT  CHECK  HAS  RESULTED  IN  A
31        DETERMINATION  THAT  THEY  HAVE  NOT  BEEN  CONVICTED  OF
 
SB150 Re-enrolled             -2-    LRB093 06730 DRH 06864 b
 1        COMMITTING  ANY  OF THE OFFENSES SET FORTH IN SUBDIVISION
 2        (C-1)(4) OF SECTION 6-508 OF THE ILLINOIS  VEHICLE  CODE;
 3        AND
 4             (2)  DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
 5        BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
 6        INCLUDING  TESTS  FOR  DRUG  USE,  TO  A STATE REGULATORY
 7        AGENCY."
 8        (B)  "NOT ALL OF THE CHARTER  BUS  DRIVERS  WHO  WILL  BE
 9    PROVIDING  SERVICES  UNDER  THIS  CONTRACT HAVE, OR WILL HAVE
10    BEFORE ANY SERVICES ARE PROVIDED:
11             (1)  SUBMITTED THEIR FINGERPRINTS TO THE  DEPARTMENT
12        OF  STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE
13        DEPARTMENT OF STATE POLICE.  THESE FINGERPRINTS SHALL  BE
14        CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER
15        FILED  IN  THE  DEPARTMENT  OF  STATE  POLICE AND FEDERAL
16        BUREAU  OF   INVESTIGATION   CRIMINAL   HISTORY   RECORDS
17        DATABASES.   THE  FINGERPRINT  CHECK  HAS  RESULTED  IN A
18        DETERMINATION  THAT  THEY  HAVE  NOT  BEEN  CONVICTED  OF
19        COMMITTING ANY OF THE OFFENSES SET FORTH  IN  SUBDIVISION
20        (C-1)(4)  OF  SECTION 6-508 OF THE ILLINOIS VEHICLE CODE;
21        AND
22             (2)  DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
23        BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
24        INCLUDING TESTS FOR  DRUG  USE,  TO  A  STATE  REGULATORY
25        AGENCY."

26        Section  10.  The  Illinois  Vehicle  Code  is amended by
27    changing Sections 6-104 and 6-508 as follows:

28        (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)
29        Sec.   6-104.  Classification   of   Driver   -   Special
30    Restrictions.
31        (a)  A driver's license issued  under  the  authority  of
32    this  Act  shall  indicate  the  classification for which the
 
SB150 Re-enrolled             -3-    LRB093 06730 DRH 06864 b
 1    applicant therefor has qualified by examination  or  by  such
 2    other  means  that  the  Secretary  of State shall prescribe.
 3    Driver's license classifications shall be prescribed by  rule
 4    or  regulation promulgated by the Secretary of State and such
 5    may specify classifications as to operation of motor vehicles
 6    of the first division, or of those of  the  second  division,
 7    whether operated singly or in lawful combination, and whether
 8    for-hire   or   not-for-hire,  and  may  specify  such  other
 9    classifications as the Secretary deems necessary.
10        No person shall  operate  a  motor  vehicle  unless  such
11    person  has  a  valid license with a proper classification to
12    permit the operation of such vehicle, except that any  person
13    may operate a motorized pedalcycle if such person has a valid
14    current    Illinois    driver's    license,   regardless   of
15    classification.
16        (b)  No person who is under the age of 21  years  or  has
17    had  less than 1 year of driving experience shall drive:  (1)
18    in connection with the operation of  any  school,  day  camp,
19    summer  camp,  or nursery school, any public or private motor
20    vehicle for transporting children to or from any school,  day
21    camp,  summer  camp,  or  nursery  school,  or (2) any  motor
22    vehicle  of  the  second  division  when  in  use   for   the
23    transportation of persons for compensation.
24        (c)  No  person who is under the age of 18 years shall be
25    issued a license for the purpose of transporting property for
26    hire,  or  for  the  purpose  of  transporting  persons   for
27    compensation in a motor vehicle of the first division.
28        (d)  No  person  shall  drive:   (1)  a  school  bus when
29    transporting school children unless such person  possesses  a
30    valid   school  bus  driver  permit  or  is  accompanied  and
31    supervised, for the specific purpose  of  training  prior  to
32    routine operation of a school bus, by a person who has held a
33    valid  school bus driver permit for at least one year; or (2)
34    any other vehicle owned or operated by or  for  a  public  or
 
SB150 Re-enrolled             -4-    LRB093 06730 DRH 06864 b
 1    private   school,   or  a  school  operated  by  a  religious
 2    institution,  where  such  vehicle  is  being  used  over   a
 3    regularly  scheduled  route for the transportation of persons
 4    enrolled as a student in grade 12  or  below,  in  connection
 5    with   any  activity  of  the  entities  unless  such  person
 6    possesses a valid school bus driver permit.
 7        (d-5)  No person may drive a bus that does not  meet  the
 8    special  requirements  for  school buses provided in Sections
 9    12-801, 12-802, 12-803, and 12-805 of this Code that has been
10    chartered for  the  sole  purpose  of  transporting  students
11    regularly   enrolled   in  grade  12  or  below  to  or  from
12    interscholastic  athletic  or   interscholastic   or   school
13    sponsored  activities  unless  the  person  has  a  valid and
14    properly classified commercial driver's license  as  provided
15    in  subsection (c-1) of Section 6-508 of this Code school bus
16    driver permit in addition to any other permit or license that
17    is required to operate that bus.  This subsection (d-5)  does
18    not   apply   to   any   bus  driver  employed  by  a  public
19    transportation  provider  authorized  to  conduct  local   or
20    interurban  transportation  of passengers when the bus is not
21    traveling a specific school bus route but is on  a  regularly
22    scheduled  route  for  the  transporting of other fare paying
23    passengers.
24        A person may operate a chartered bus  described  in  this
25    subsection  (d-5)  if  he  or  she  is  not disqualified from
26    driving a chartered bus of that type and if he or she holds a
27    CDL that is:
28             (1)  issued to him or her  by  any  other  state  or
29        jurisdiction in accordance with 49 CFR 383;
30             (2)  not suspended, revoked, or canceled; and
31             (3)  valid under 49 CFR 383, subpart F, for the type
32        of vehicle being driven.
33        A  person  may  also operate a chartered bus described in
34    this subsection (d-5) if he or she holds a valid  CDL  and  a
 
SB150 Re-enrolled             -5-    LRB093 06730 DRH 06864 b
 1    valid  school  bus driver permit that was issued on or before
 2    December 31, 2003.
 3        (e)  No person shall drive a religious  organization  bus
 4    unless  such  person  has  a  valid  and  properly classified
 5    drivers license or a valid school bus driver permit.
 6        (f)  No person  shall  drive  a  motor  vehicle  for  the
 7    purpose  of  providing  transportation  for  the  elderly  in
 8    connection  with  the  activities  of  any  public or private
 9    organization unless such person  has  a  valid  and  properly
10    classified driver's license issued by the Secretary of State.
11        (g)  No  person shall drive a bus which meets the special
12    requirements for school buses  provided  in  Section  12-801,
13    12-802,  12-803  and  12-805  of this Code for the purpose of
14    transporting persons 18 years of age or  less  in  connection
15    with  any youth camp licensed under the Youth Camp Act or any
16    child care facility licensed under the Child Care Act of 1969
17    unless such person possesses a valid school bus driver permit
18    or is accompanied and supervised, for the specific purpose of
19    training prior to routine operation of a  school  bus,  by  a
20    person  who  has held a valid school bus driver permit for at
21    least one year;  however,  a  person  who  has  a  valid  and
22    properly  classified driver's license issued by the Secretary
23    of State  may  operate  a  school  bus  for  the  purpose  of
24    transporting  persons  18  years of age or less in connection
25    with any such youth  camp  or  child  care  facility  if  the
26    "SCHOOL  BUS"  signs  are  covered  or concealed and the stop
27    signal arm and  flashing  signal  systems  are  not  operable
28    through normal controls.
29    (Source: P.A. 92-849, eff. 1-1-03.)

30        (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
31        Sec.   6-508.    Commercial   Driver's  License  (CDL)  -
32    qualification standards.
33        (a)  Testing.
 
SB150 Re-enrolled             -6-    LRB093 06730 DRH 06864 b
 1             (1)  General.  No person shall be issued an original
 2        or renewal CDL unless that person is  domiciled  in  this
 3        State.  The Secretary shall cause to be administered such
 4        tests  as  the  Secretary  deems  necessary  to  meet the
 5        requirements of 49 C.F.R. Part 383, subparts G and H.
 6             (2)  Third party testing.  The  Secretary  of  state
 7        may  authorize  a  "third  party  tester", pursuant to 49
 8        C.F.R. Part 383.75, to  administer  the  skills  test  or
 9        tests   specified   by   Federal  Highway  Administration
10        pursuant to the Commercial Motor Vehicle  Safety  Act  of
11        1986 and any appropriate federal rule.
12        (b)  Waiver  of  Skills Test.  The Secretary of State may
13    waive the  skills  test  specified  in  this  Section  for  a
14    commercial   driver   license   applicant   who   meets   the
15    requirements of 49 C.F.R. Part 383.77.
16        (c)  Limitations  on  issuance  of  a  CDL.   A CDL, or a
17    commercial driver instruction permit, shall not be issued  to
18    a  person  while  the person is subject to a disqualification
19    from driving a commercial motor vehicle, or unless  otherwise
20    permitted  by  this Code, while the person's driver's license
21    is suspended, revoked or  cancelled  in  any  state,  or  any
22    territory or province of Canada; nor may a CDL be issued to a
23    person  who  has  a CDL issued by any other state, or foreign
24    jurisdiction, unless the person  first  surrenders  all  such
25    licenses.   No CDL shall be issued to or renewed for a person
26    who does not meet the requirement of  49  CFR  391.41(b)(11).
27    The requirement may be met with the aid of a hearing aid.
28        (c-1)  The  Secretary  may  issue a CDL with a school bus
29    driver endorsement to allow a person to drive the type of bus
30    described in subsection (d-5) of Section 6-104 of this  Code.
31    The  CDL  with  a school bus driver endorsement may be issued
32    only to a person meeting the following requirements:
33             (1)  the   person   has   submitted   his   or   her
34        fingerprints to the Department of  State  Police  in  the
 
SB150 Re-enrolled             -7-    LRB093 06730 DRH 06864 b
 1        form  and  manner  prescribed  by the Department of State
 2        Police. These fingerprints shall be checked  against  the
 3        fingerprint  records  now  and  hereafter  filed  in  the
 4        Department   of   State  Police  and  Federal  Bureau  of
 5        Investigation criminal history records databases;
 6             (2)  the  person  has   passed   a   written   test,
 7        administered  by  the  Secretary of State, on charter bus
 8        operation,  charter  bus  safety,  and  certain   special
 9        traffic  laws  relating to school buses determined by the
10        Secretary of State to be relevant to charter  buses,  and
11        submitted  to  a review of the applicant's driving habits
12        by the Secretary of State at the time the written test is
13        given;
14             (3)  the person has demonstrated physical fitness to
15        operate school buses  by  submitting  the  results  of  a
16        medical examination, including tests for drug use; and
17             (4)  the person has not been convicted of committing
18        or  attempting to commit any one or more of the following
19        offenses:  (i) those offenses defined  in  Sections  9-1,
20        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
21        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
22        11-15.1,  11-16,  11-17,  11-18, 11-19, 11-19.1, 11-19.2,
23        11-20, 11-20.1, 11-21,  11-22,  12-3.1,  12-4.1,  12-4.2,
24        12-4.3,  12-4.4,  12-4.5,  12-6,  12-6.2, 12-7.1, 12-7.3,
25        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
26        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
27        18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1,  24-1.2,  24-3.3,
28        31A-1,  31A-1.1,  and  33A-2,  and  in subsection (a) and
29        subsection (b),  clause  (1),  of  Section  12-4  of  the
30        Criminal Code of 1961; (ii) those offenses defined in the
31        Cannabis  Control  Act  except  those offenses defined in
32        subsections (a) and (b) of Section 4, and subsection  (a)
33        of  Section  5  of  the Cannabis Control Act; (iii) those
34        offenses defined in the  Illinois  Controlled  Substances
 
SB150 Re-enrolled             -8-    LRB093 06730 DRH 06864 b
 1        Act; (iv) any offense committed or attempted in any other
 2        state  or against the laws of the United States, which if
 3        committed or attempted in this State would be  punishable
 4        as  one  or  more  of  the  foregoing  offenses;  (v) the
 5        offenses defined in Sections 4.1 and 5.1 of the Wrongs to
 6        Children Act and (vi) those offenses defined  in  Section
 7        6-16 of the Liquor Control Act of 1934.
 8        The  Department  of  State  Police shall charge a fee for
 9    conducting the criminal history records check, which shall be
10    deposited into the State Police Services  Fund  and  may  not
11    exceed the actual cost of the records check.
12        (d)  Commercial  driver instruction permit.  A commercial
13    driver instruction permit may be issued to any person holding
14    a valid Illinois driver's license if such person successfully
15    passes  such  tests  as  the  Secretary  determines   to   be
16    necessary.  A  commercial driver instruction permit shall not
17    be issued to a person who does not meet the  requirements  of
18    49 CFR 391.41 (b)(11), except for the renewal of a commercial
19    driver  instruction  permit  for  a  person  who  possesses a
20    commercial instruction permit prior to the effective date  of
21    this amendatory Act of 1999.
22    (Source: P.A. 91-350, eff. 7-29-99.)