State of Illinois
91st General Assembly
Legislation

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91_HJ0042

 
                                               LRB9110393JMsb

 1                       HOUSE JOINT RESOLUTION

 2        WHEREAS, The State of Illinois is the most traveled state
 3    in the United States of America for commercial vehicles, with
 4    truckers nationwide driving more miles on the roads  of  this
 5    State than any other; and

 6        WHEREAS,  The Office of the Secretary of State is charged
 7    with the responsibility to ensure that all  persons  licensed
 8    to  drive  commercial  vehicles in Illinois are safe and well
 9    qualified; and

10        WHEREAS,  The  Secretary  of  State  issues   or   renews
11    commercial driver licenses to over 100,000 individuals in any
12    given year; and

13        WHEREAS,   Testing   the  skills  of  commercial  drivers
14    requires access to special types  of  vehicles  in  order  to
15    ensure   expertise  in  operating  larger,  more  complicated
16    semi-trailers and trucks; and

17        WHEREAS, Many individuals are unable to access  the  type
18    of vehicle necessary to take a commercial driving test unless
19    that vehicle is provided by an employer; and

20        WHEREAS, Certain businesses in the State of Illinois have
21    shown  a willingness to hire individuals and provide training
22    in the safe operation of commercial vehicles; and

23        WHEREAS, The  Secretary  of  State  has  entered  into  a
24    partnership  with  many  of  these  businesses  to  provide a
25    service known as "third party testing"; and

26        WHEREAS, The Secretary  of  State  certifies  individuals
27    employed  by  these  businesses  as  safety  officers who are
28    qualified to conduct the skills  portion  of  the  commercial
29    driving license test; and

30        WHEREAS,  These  safety officers certify to the Secretary
 
                            -2-                LRB9110393JMsb
 1    of State any  other  employees  of  their  company  who  have
 2    successfully  completed  the skills portion of the commercial
 3    driving license test; and

 4        WHEREAS, The Secretary  of  State  regularly  audits  all
 5    safety  officers  and  third  party testing clients to ensure
 6    their  continued  compliance  with  all  relevant  laws   and
 7    regulations  related  to  safe  driving and proper testing of
 8    commercial drivers; and

 9        WHEREAS, Because of third party testing, the Secretary of
10    State needs to  conduct  only  the  written  portion  of  the
11    commercial   drivers  test  for  individuals  who  have  been
12    certified by the third party testing entity, which saves time
13    and resources for the people of the State of Illinois; and

14        WHEREAS, Third party  testing  has  proven  an  efficient
15    service that ensures that the safest possible drivers operate
16    trucks  on  Illinois  roads, with 536 businesses successfully
17    testing over 10,000 applicants in any given year; and

18        WHEREAS, Despite the success of the third  party  testing
19    program,  recent  problems  have given rise to concerns about
20    possible abuses of this process; and

21        WHEREAS, In response,  Secretary  of  State  Jesse  White
22    convened  a  special panel, known as the "Highway Safety 2000
23    Sub-Committee on Third Party Testing", to  fully  investigate
24    this process and make recommendations for improvements in the
25    system; and

26        WHEREAS,  That committee, comprised of representatives of
27    the General Assembly, the Office of the Secretary  of  State,
28    the   Illinois   Commerce   Commission,   the  United  States
29    Department of  Transportation,  the  Illinois  Department  of
30    Transportation,   the   Midwest   Truckers  Association,  the
31    Illinois Transportation Association, the  Illinois  Community
 
                            -3-                LRB9110393JMsb
 1    College  Board, and several third party testing entities from
 2    within  the   State   of   Illinois,   made   the   following
 3    recommendations:

 4        (1)  Require commercial driver license applicants to hold
 5    a  valid  instruction permit for a period of 2 weeks prior to
 6    being skills tested by a third party;

 7        (2)  Require  commercial  driver  license  applicants  to
 8    obtain from the Secretary of State an instruction permit  for
 9    the  specific  vehicle classification in which they intend to
10    be licensed, and  require  that  the  applicant  produce  the
11    instruction  permit  before the skills test and certification
12    by a third party entity;

13        (3)  Require a minimum  training  period  for  commercial
14    drivers  who  receive  certification  through  a  third party
15    entity;

16        (4)  Require third party entities to notify the Secretary
17    of State of a driver's  termination  of  employment  if  that
18    employment lasted less than 6 months; and

19        (5)  Prohibit  from participation any third party testing
20    entity that has received an "unsatisfactory" rating from  the
21    United  States  Department  of  Transportation  until  it has
22    raised   its   rating   to   at   least   "satisfactory"   or
23    "conditional"; and

24        WHEREAS, On the recommendation of the Highway Safety 2000
25    panel, Secretary of State White has already implemented these
26    changes  as  emergency  administrative   rule   changes   and
27    submitted  a  request  for  permanent change in policy to the
28    Joint Committee on Administrative Rules; therefore be it

29        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
30    NINETY-FIRST  GENERAL  ASSEMBLY OF THE STATE OF ILLINOIS, THE
31    SENATE CONCURRING HEREIN, that we recommend  that  the  Joint
 
                            -4-                LRB9110393JMsb
 1    Committee  on  Administrative  Rules move swiftly in adopting
 2    the proposed changes in the  third  party  testing  rules  as
 3    submitted  by the Office of the Secretary of State; and be it
 4    further

 5        RESOLVED, That a copy of this resolution be delivered  to
 6    the Secretary of State and to the Executive Director and each
 7    member of the Joint Committee on Administrative Rules.

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