101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3699

 

Introduced , by Rep. Sue Scherer

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-104  from Ch. 95 1/2, par. 6-104
625 ILCS 5/11-1414.1  from Ch. 95 1/2, par. 11-1414.1

    Amends the Illinois Vehicle Code. Provides that a multifunction school activity bus may be used by a driver who holds a valid Class D driver's license for any curriculum-related activity, except for transportation on regular bus routes from home to school or from school to home, if the school district does not have a full-time employee who holds a school bus driver permit. Effective immediately.


LRB101 08945 TAE 54035 b

 

 

A BILL FOR

 

HB3699LRB101 08945 TAE 54035 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-104 and 11-1414.1 as follows:
 
6    (625 ILCS 5/6-104)  (from Ch. 95 1/2, par. 6-104)
7    Sec. 6-104. Classification of Driver - Special
8Restrictions.
9    (a) A driver's license issued under the authority of this
10Act shall indicate the classification for which the applicant
11therefor has qualified by examination or by such other means
12that the Secretary of State shall prescribe. Driver's license
13classifications shall be prescribed by rule or regulation
14promulgated by the Secretary of State and such may specify
15classifications as to operation of motor vehicles of the first
16division, or of those of the second division, whether operated
17singly or in lawful combination, and whether for-hire or
18not-for-hire, and may specify such other classifications as the
19Secretary deems necessary.
20    No person shall operate a motor vehicle unless such person
21has a valid license with a proper classification to permit the
22operation of such vehicle, except that any person may operate a
23moped if such person has a valid current Illinois driver's

 

 

HB3699- 2 -LRB101 08945 TAE 54035 b

1license, regardless of classification.
2    (b) No person who is under the age of 21 years or has had
3less than 1 year of driving experience shall drive: (1) in
4connection with the operation of any school, day camp, summer
5camp, or nursery school, any public or private motor vehicle
6for transporting children to or from any school, day camp,
7summer camp, or nursery school, or (2) any motor vehicle of the
8second division when in use for the transportation of persons
9for compensation.
10    (c) No person who is under the age of 18 years shall be
11issued a license for the purpose of transporting property for
12hire, or for the purpose of transporting persons for
13compensation in a motor vehicle of the first division.
14    (d) No person shall drive: (1) a school bus when
15transporting school children unless such person possesses a
16valid school bus driver permit or is accompanied and
17supervised, for the specific purpose of training prior to
18routine operation of a school bus, by a person who has held a
19valid school bus driver permit for at least one year; or (2)
20any other vehicle owned or operated by or for a public or
21private school, or a school operated by a religious
22institution, where such vehicle is being used over a regularly
23scheduled route for the transportation of persons enrolled as a
24student in grade 12 or below, in connection with any activity
25of the entities unless such person possesses a valid school bus
26driver permit.

 

 

HB3699- 3 -LRB101 08945 TAE 54035 b

1    (d-5) No person may drive a bus that does not meet the
2special requirements for school buses provided in Sections
312-801, 12-802, 12-803, and 12-805 of this Code that has been
4chartered for the sole purpose of transporting students
5regularly enrolled in grade 12 or below to or from
6interscholastic athletic or interscholastic or school
7sponsored activities unless the person has a valid and properly
8classified commercial driver's license as provided in
9subsection (c-1) of Section 6-508 of this Code in addition to
10any other permit or license that is required to operate that
11bus. This subsection (d-5) does not apply to any bus driver
12employed by a public transportation provider authorized to
13conduct local or interurban transportation of passengers when
14the bus is not traveling a specific school bus route but is on
15a regularly scheduled route for the transporting of other fare
16paying passengers.
17    A person may operate a chartered bus described in this
18subsection (d-5) if he or she is not disqualified from driving
19a chartered bus of that type and if he or she holds a CDL that
20is:
21        (1) issued to him or her by any other state or
22    jurisdiction in accordance with 49 CFR 383;
23        (2) not suspended, revoked, or canceled; and
24        (3) valid under 49 CFR 383, subpart F, for the type of
25    vehicle being driven.
26    A person may also operate a chartered bus described in this

 

 

HB3699- 4 -LRB101 08945 TAE 54035 b

1subsection (d-5) if he or she holds a valid CDL and a valid
2school bus driver permit that was issued on or before December
331, 2003.
4    (d-10) A person may operate a multifunction school activity
5bus (MFSAB) if the person holds a valid Class D driver's
6license and the MFSAB is operated in accordance with subsection
7(a-5) of Section 11-1414.1.
8    (e) No person shall drive a religious organization bus
9unless such person has a valid and properly classified drivers
10license or a valid school bus driver permit.
11    (f) No person shall drive a motor vehicle for the purpose
12of providing transportation for the elderly in connection with
13the activities of any public or private organization unless
14such person has a valid and properly classified driver's
15license issued by the Secretary of State.
16    (g) No person shall drive a bus which meets the special
17requirements for school buses provided in Section 12-801,
1812-802, 12-803 and 12-805 of this Code for the purpose of
19transporting persons 18 years of age or less in connection with
20any youth camp licensed under the Youth Camp Act or any child
21care facility licensed under the Child Care Act of 1969 unless
22such person possesses a valid school bus driver permit or is
23accompanied and supervised, for the specific purpose of
24training prior to routine operation of a school bus, by a
25person who has held a valid school bus driver permit for at
26least one year; however, a person who has a valid and properly

 

 

HB3699- 5 -LRB101 08945 TAE 54035 b

1classified driver's license issued by the Secretary of State
2may operate a school bus for the purpose of transporting
3persons 18 years of age or less in connection with any such
4youth camp or child care facility if the "SCHOOL BUS" signs are
5covered or concealed and the stop signal arm and flashing
6signal systems are not operable through normal controls.
7    (h) No person shall operate an autocycle unless he or she
8has a valid Class D driver's license.
9(Source: P.A. 98-777, eff. 1-1-15.)
 
10    (625 ILCS 5/11-1414.1)  (from Ch. 95 1/2, par. 11-1414.1)
11    Sec. 11-1414.1. School transportation of students.
12    (a) Except as provided in subsection (a-5), every Every
13student enrolled in grade 12 or below in any entity listed in
14subsection (a) of Section 1-182 of this Code must be
15transported in a school bus or a vehicle described in
16subdivision (1) or (2) of subsection (b) of Section 1-182 of
17this Code for any curriculum-related school activity, except a
18student in any of grades 9 through 12 or a student in any of
19grades K through 12 with an Individualized Education Plan (IEP)
20with a staff to student ratio of 1 to 5, and attending Acacia
21Academy, Alexander Leigh, Marklund, Helping Hands Center,
22Connections Organization, Soaring Eagle Academy, or New
23Horizon Academy may be transported in a multi-function school
24activity bus (MFSAB) as defined in Section 1-148.3a-5 of this
25Code for any curriculum-related activity except for

 

 

HB3699- 6 -LRB101 08945 TAE 54035 b

1transportation on regular bus routes from home to school or
2from school to home, subject to the following conditions:
3        (i) A MFSAB may not be used to transport students under
4    this Section unless the driver holds a valid school bus
5    driver permit.
6        (ii) The use of a MFSAB under this Section is subject
7    to the requirements of Sections 6-106.11, 6-106.12,
8    12-707.01, 13-101, and 13-109 of this Code.
9    "Curriculum-related school activity" as used in this
10Section subsection (a) includes transportation from home to
11school or from school to home, tripper or shuttle service
12between school attendance centers, transportation to a
13vocational or career center or other trade-skill development
14site or a regional safe school or other school-sponsored
15alternative learning program, or a trip that is directly
16related to the regular curriculum of a student for which he or
17she earns credit.
18    (a-5) A MFSAB may be used by a driver who holds a valid
19Class D driver's license for any curriculum-related activity,
20except for transportation on regular bus routes from home to
21school or from school to home, if the school district does not
22have a full-time employee who holds a school bus driver permit.
23    (b) Every student enrolled in grade 12 or below in any
24entity listed in subsection (a) of Section 1-182 of this Code
25who is transported in a vehicle that is being operated by or
26for a public or private primary or secondary school, including

 

 

HB3699- 7 -LRB101 08945 TAE 54035 b

1any primary or secondary school operated by a religious
2institution, for an interscholastic, interscholastic-athletic,
3or school-sponsored, noncurriculum-related activity that (i)
4does not require student participation as part of the
5educational services of the entity and (ii) is not associated
6with the students' regular class-for-credit schedule shall
7transport students only in a school bus or vehicle described in
8subsection (b) of Section 1-182 of this Code. This subsection
9(b) does not apply to any second division vehicle used by an
10entity listed in subsection (a) of Section 1-182 of this Code
11for a parade, homecoming, or a similar noncurriculum-related
12school activity.
13(Source: P.A. 99-888, eff. 1-1-17; 100-667, eff. 1-1-19.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.