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 Codeschool bus16driver permitin 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.)