093_SB0150ham001











                                     LRB093 06730 DRH 14641 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 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
 
                            -2-      LRB093 06730 DRH 14641 a
 1    BEFORE ANY SERVICES ARE PROVIDED:
 2             (1)  SUBMITTED THEIR FINGERPRINTS TO A STATE  POLICE
 3        AGENCY  AND  THE  FEDERAL  BUREAU  OF INVESTIGATION FOR A
 4        CRIMINAL BACKGROUND CHECK, RESULTING IN  A  DETERMINATION
 5        THAT  THEY  HAVE  NOT BEEN CONVICTED OF COMMITTING ANY OF
 6        THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
 7        6-508 OF THE ILLINOIS VEHICLE CODE; AND
 8             (2)  DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
 9        BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
10        INCLUDING TESTS FOR  DRUG  USE,  TO  A  STATE  REGULATORY
11        AGENCY."
12        (B)  "NOT  ALL  OF  THE  CHARTER  BUS DRIVERS WHO WILL BE
13    PROVIDING SERVICES UNDER THIS CONTRACT  HAVE,  OR  WILL  HAVE
14    BEFORE ANY SERVICES ARE PROVIDED:
15             (1)  SUBMITTED  THEIR FINGERPRINTS TO A STATE POLICE
16        AGENCY AND THE FEDERAL  BUREAU  OF  INVESTIGATION  FOR  A
17        CRIMINAL  BACKGROUND  CHECK, RESULTING IN A DETERMINATION
18        THAT THEY HAVE NOT BEEN CONVICTED OF  COMMITTING  ANY  OF
19        THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
20        6-508 OF THE ILLINOIS VEHICLE CODE; AND
21             (2)  DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
22        BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
23        INCLUDING  TESTS  FOR  DRUG  USE,  TO  A STATE REGULATORY
24        AGENCY."

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

27        (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)
28        Sec.   6-104.  Classification   of   Driver   -   Special
29    Restrictions.
30        (a)  A  driver's  license  issued  under the authority of
31    this Act shall indicate  the  classification  for  which  the
32    applicant  therefor  has  qualified by examination or by such
 
                            -3-      LRB093 06730 DRH 14641 a
 1    other means that the  Secretary  of  State  shall  prescribe.
 2    Driver's  license classifications shall be prescribed by rule
 3    or regulation promulgated by the Secretary of State and  such
 4    may specify classifications as to operation of motor vehicles
 5    of  the  first  division, or of those of the second division,
 6    whether operated singly or in lawful combination, and whether
 7    for-hire  or  not-for-hire,  and  may  specify   such   other
 8    classifications as the Secretary deems necessary.
 9        No  person  shall  operate  a  motor  vehicle unless such
10    person has a valid license with a  proper  classification  to
11    permit  the operation of such vehicle, except that any person
12    may operate a motorized pedalcycle if such person has a valid
13    current   Illinois   driver's    license,    regardless    of
14    classification.
15        (b)  No  person  who  is under the age of 21 years or has
16    had less than 1 year of driving experience shall drive:   (1)
17    in  connection  with  the  operation of any school, day camp,
18    summer camp, or nursery school, any public or  private  motor
19    vehicle  for transporting children to or from any school, day
20    camp, summer camp, or  nursery  school,  or  (2)  any   motor
21    vehicle   of   the  second  division  when  in  use  for  the
22    transportation of persons for compensation.
23        (c)  No person who is under the age of 18 years shall  be
24    issued a license for the purpose of transporting property for
25    hire,   or  for  the  purpose  of  transporting  persons  for
26    compensation in a motor vehicle of the first division.
27        (d)  No person  shall  drive:   (1)  a  school  bus  when
28    transporting  school  children unless such person possesses a
29    valid  school  bus  driver  permit  or  is  accompanied   and
30    supervised,  for  the  specific  purpose of training prior to
31    routine operation of a school bus, by a person who has held a
32    valid school bus driver permit for at least one year; or  (2)
33    any  other  vehicle  owned  or operated by or for a public or
34    private  school,  or  a  school  operated  by   a   religious
 
                            -4-      LRB093 06730 DRH 14641 a
 1    institution,   where  such  vehicle  is  being  used  over  a
 2    regularly scheduled route for the transportation  of  persons
 3    enrolled  as  a  student  in grade 12 or below, in connection
 4    with  any  activity  of  the  entities  unless  such   person
 5    possesses a valid school bus driver permit.
 6        (d-5)  No  person  may drive a bus that does not meet the
 7    special requirements for school buses  provided  in  Sections
 8    12-801, 12-802, 12-803, and 12-805 of this Code that has been
 9    chartered  for  the  sole  purpose  of  transporting students
10    regularly  enrolled  in  grade  12  or  below  to   or   from
11    interscholastic   athletic   or   interscholastic  or  school
12    sponsored activities  unless  the  person  has  a  valid  and
13    properly  classified  commercial driver's license as provided
14    in subsection (c-1) of Section 6-508 of this Code school  bus
15    driver permit in addition to any other permit or license that
16    is  required to operate that bus.  This subsection (d-5) does
17    not  apply  to  any  bus  driver   employed   by   a   public
18    transportation   provider  authorized  to  conduct  local  or
19    interurban transportation of passengers when the bus  is  not
20    traveling  a  specific school bus route but is on a regularly
21    scheduled route for the transporting  of  other  fare  paying
22    passengers.
23        A  person  may  operate a chartered bus described in this
24    subsection (d-5) if  he  or  she  is  not  disqualified  from
25    driving a chartered bus of that type and if he or she holds a
26    CDL that is:
27             (1)  issued  to  him  or  her  by any other state or
28        jurisdiction in accordance with 49 CFR 383;
29             (2)  not suspended, revoked, or canceled; and
30             (3)  valid under 49 CFR 383, subpart F, for the type
31        of vehicle being driven.
32        A person may also operate a chartered  bus  described  in
33    this  subsection  (d-5) if he or she holds a valid school bus
34    driver permit that was issued on or before December 31, 2003.
 
                            -5-      LRB093 06730 DRH 14641 a
 1        (e)  No person shall drive a religious  organization  bus
 2    unless  such  person  has  a  valid  and  properly classified
 3    drivers license or a valid school bus driver permit.
 4        (f)  No person  shall  drive  a  motor  vehicle  for  the
 5    purpose  of  providing  transportation  for  the  elderly  in
 6    connection  with  the  activities  of  any  public or private
 7    organization unless such person  has  a  valid  and  properly
 8    classified driver's license issued by the Secretary of State.
 9        (g)  No  person shall drive a bus which meets the special
10    requirements for school buses  provided  in  Section  12-801,
11    12-802,  12-803  and  12-805  of this Code for the purpose of
12    transporting persons 18 years of age or  less  in  connection
13    with  any youth camp licensed under the Youth Camp Act or any
14    child care facility licensed under the Child Care Act of 1969
15    unless such person possesses a valid school bus driver permit
16    or is accompanied and supervised, for the specific purpose of
17    training prior to routine operation of a  school  bus,  by  a
18    person  who  has held a valid school bus driver permit for at
19    least one year;  however,  a  person  who  has  a  valid  and
20    properly  classified driver's license issued by the Secretary
21    of State  may  operate  a  school  bus  for  the  purpose  of
22    transporting  persons  18  years of age or less in connection
23    with any such youth  camp  or  child  care  facility  if  the
24    "SCHOOL  BUS"  signs  are  covered  or concealed and the stop
25    signal arm and  flashing  signal  systems  are  not  operable
26    through normal controls.
27    (Source: P.A. 92-849, eff. 1-1-03.)

28        (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
29        Sec.   6-508.    Commercial   Driver's  License  (CDL)  -
30    qualification standards.
31        (a)  Testing.
32             (1)  General.  No person shall be issued an original
33        or renewal CDL unless that person is  domiciled  in  this
 
                            -6-      LRB093 06730 DRH 14641 a
 1        State.  The Secretary shall cause to be administered such
 2        tests  as  the  Secretary  deems  necessary  to  meet the
 3        requirements of 49 C.F.R. Part 383, subparts G and H.
 4             (2)  Third party testing.  The  Secretary  of  state
 5        may  authorize  a  "third  party  tester", pursuant to 49
 6        C.F.R. Part 383.75, to  administer  the  skills  test  or
 7        tests   specified   by   Federal  Highway  Administration
 8        pursuant to the Commercial Motor Vehicle  Safety  Act  of
 9        1986 and any appropriate federal rule.
10        (b)  Waiver  of  Skills Test.  The Secretary of State may
11    waive the  skills  test  specified  in  this  Section  for  a
12    commercial   driver   license   applicant   who   meets   the
13    requirements of 49 C.F.R. Part 383.77.
14        (c)  Limitations  on  issuance  of  a  CDL.   A CDL, or a
15    commercial driver instruction permit, shall not be issued  to
16    a  person  while  the person is subject to a disqualification
17    from driving a commercial motor vehicle, or unless  otherwise
18    permitted  by  this Code, while the person's driver's license
19    is suspended, revoked or  cancelled  in  any  state,  or  any
20    territory or province of Canada; nor may a CDL be issued to a
21    person  who  has  a CDL issued by any other state, or foreign
22    jurisdiction, unless the person  first  surrenders  all  such
23    licenses.   No CDL shall be issued to or renewed for a person
24    who does not meet the requirement of  49  CFR  391.41(b)(11).
25    The requirement may be met with the aid of a hearing aid.
26        (c-1)  The  Secretary  may  issue a CDL with a school bus
27    driver endorsement to allow a person to drive the type of bus
28    described in subsection (d-5) of Section 6-104 of this  Code.
29    The  CDL  with  a school bus driver endorsement may be issued
30    only to a person meeting the following requirements:
31             (1)  the   person   has   submitted   his   or   her
32        fingerprints  to  the  Department  of  State  Police  for
33        fingerprint based criminal background checks  on  current
34        and  future information available in the state system and
 
                            -7-      LRB093 06730 DRH 14641 a
 1        current information available through the Federal  Bureau
 2        of Investigation's system;
 3             (2)  the   person   has   passed   a  written  test,
 4        administered by the Secretary of State,  on  charter  bus
 5        operation,   charter  bus  safety,  and  certain  special
 6        traffic laws relating to school buses determined  by  the
 7        Secretary  of  State to be relevant to charter buses, and
 8        submitted to a review of the applicant's  driving  habits
 9        by the Secretary of State at the time the written test is
10        given;
11             (3)  the person has demonstrated physical fitness to
12        operate  school  buses  by  submitting  the  results of a
13        medical examination, including tests for drug use; and
14             (4)  the person has not been convicted of committing
15        or attempting to commit any one or more of the  following
16        offenses:   (i)  those  offenses defined in Sections 9-1,
17        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
18        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
19        11-15.1, 11-16, 11-17, 11-18,  11-19,  11-19.1,  11-19.2,
20        11-20,  11-20.1,  11-21,  11-22,  12-3.1, 12-4.1, 12-4.2,
21        12-4.3, 12-4.4, 12-4.5,  12-6,  12-6.2,  12-7.1,  12-7.3,
22        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
23        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
24        18-5,  20-1,  20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
25        31A-1, 31A-1.1, and 33A-2,  and  in  subsection  (a)  and
26        subsection  (b),  clause  (1),  of  Section  12-4  of the
27        Criminal Code of 1961; (ii) those offenses defined in the
28        Cannabis Control Act except  those  offenses  defined  in
29        subsections  (a) and (b) of Section 4, and subsection (a)
30        of Section 5 of the Cannabis  Control  Act;  (iii)  those
31        offenses  defined  in  the Illinois Controlled Substances
32        Act; (iv) any offense committed or attempted in any other
33        state or against the laws of the United States, which  if
34        committed  or attempted in this State would be punishable
 
                            -8-      LRB093 06730 DRH 14641 a
 1        as one  or  more  of  the  foregoing  offenses;  (v)  the
 2        offenses defined in Sections 4.1 and 5.1 of the Wrongs to
 3        Children  Act  and (vi) those offenses defined in Section
 4        6-16 of the Liquor Control Act of 1934.
 5        (d)  Commercial driver instruction permit.  A  commercial
 6    driver instruction permit may be issued to any person holding
 7    a valid Illinois driver's license if such person successfully
 8    passes   such   tests  as  the  Secretary  determines  to  be
 9    necessary. A commercial driver instruction permit  shall  not
10    be  issued  to a person who does not meet the requirements of
11    49 CFR 391.41 (b)(11), except for the renewal of a commercial
12    driver instruction  permit  for  a  person  who  possesses  a
13    commercial  instruction permit prior to the effective date of
14    this amendatory Act of 1999.
15    (Source: P.A. 91-350, eff. 7-29-99.)".