093_SB0150enr

 
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 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 and changing Section 29-15 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
 
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 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        (105 ILCS 5/29-15) (from Ch. 122, par. 29-15)
27        Sec. 29-15.
28        Subject to the provisions of Section 10-22.8 of this Act,
29    school   districts,   which  own  buses  or  other  vehicular
30    equipment for the transportation of pupils to or from  school
31    within  such  district,  may  sell  or  lease  such  buses or
32    equipment to a Mass  Transit  District  organized  under  the
33    Local Mass Transit District Act or to an Urban Transportation
 
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 1    District  organized  under  the Urban Transportation District
 2    Act. Such  districts  may  enter  into  an  intergovernmental
 3    agreement   under   the   Intergovernmental  Cooperation  Act
 4    contract  with  a  Mass  Transit   District,   the   Regional
 5    Transportation  Authority  or  any  of  its Service Boards, a
 6    rural transportation  program,  or  an  Urban  Transportation
 7    District  for  the  transportation  of pupils to and from the
 8    schools of such districts at a consideration to be determined
 9    by negotiation between the parties, and the  costs  of  those
10    intergovernmental  agreements  are eligible for reimbursement
11    by the State.  Such contracts shall otherwise be  subject  to
12    the provisions of this Article.
13    (Source: P.A. 77-1492.)

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

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

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