093_SB0150sam001 LRB093 06730 DRH 13577 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 Illinois Vehicle Code is amended by 5 changing Sections 6-104 and 6-508 as follows: 6 (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104) 7 Sec. 6-104. Classification of Driver - Special 8 Restrictions. 9 (a) A driver's license issued under the authority of 10 this Act shall indicate the classification for which the 11 applicant therefor has qualified by examination or by such 12 other means that the Secretary of State shall prescribe. 13 Driver's license classifications shall be prescribed by rule 14 or regulation promulgated by the Secretary of State and such 15 may specify classifications as to operation of motor vehicles 16 of the first division, or of those of the second division, 17 whether operated singly or in lawful combination, and whether 18 for-hire or not-for-hire, and may specify such other 19 classifications as the Secretary deems necessary. 20 No person shall operate a motor vehicle unless such 21 person has a valid license with a proper classification to 22 permit the operation of such vehicle, except that any person -2- LRB093 06730 DRH 13577 a 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 -3- LRB093 06730 DRH 13577 a 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, or a valid 4 school bus driver permit in addition to any other permit or 5 license that is required to operate that bus. This 6 subsection (d-5) does not apply to any bus driver employed by 7 a public transportation provider authorized to conduct local 8 or interurban transportation of passengers when the bus is 9 not traveling a specific school bus route but is on a 10 regularly scheduled route for the transporting of other fare 11 paying passengers. 12 (e) No person shall drive a religious organization bus 13 unless such person has a valid and properly classified 14 drivers license or a valid school bus driver permit. 15 (f) No person shall drive a motor vehicle for the 16 purpose of providing transportation for the elderly in 17 connection with the activities of any public or private 18 organization unless such person has a valid and properly 19 classified driver's license issued by the Secretary of State. 20 (g) No person shall drive a bus which meets the special 21 requirements for school buses provided in Section 12-801, 22 12-802, 12-803 and 12-805 of this Code for the purpose of 23 transporting persons 18 years of age or less in connection 24 with any youth camp licensed under the Youth Camp Act or any 25 child care facility licensed under the Child Care Act of 1969 26 unless such person possesses a valid school bus driver permit 27 or is accompanied and supervised, for the specific purpose of 28 training prior to routine operation of a school bus, by a 29 person who has held a valid school bus driver permit for at 30 least one year; however, a person who has a valid and 31 properly classified driver's license issued by the Secretary 32 of State may operate a school bus for the purpose of 33 transporting persons 18 years of age or less in connection 34 with any such youth camp or child care facility if the -4- LRB093 06730 DRH 13577 a 1 "SCHOOL BUS" signs are covered or concealed and the stop 2 signal arm and flashing signal systems are not operable 3 through normal controls. 4 (Source: P.A. 92-849, eff. 1-1-03.) 5 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) 6 Sec. 6-508. Commercial Driver's License (CDL) - 7 qualification standards. 8 (a) Testing. 9 (1) General. No person shall be issued an original 10 or renewal CDL unless that person is domiciled in this 11 State. The Secretary shall cause to be administered such 12 tests as the Secretary deems necessary to meet the 13 requirements of 49 C.F.R. Part 383, subparts G and H. 14 (2) Third party testing. The Secretary of state 15 may authorize a "third party tester", pursuant to 49 16 C.F.R. Part 383.75, to administer the skills test or 17 tests specified by Federal Highway Administration 18 pursuant to the Commercial Motor Vehicle Safety Act of 19 1986 and any appropriate federal rule. 20 (b) Waiver of Skills Test. The Secretary of State may 21 waive the skills test specified in this Section for a 22 commercial driver license applicant who meets the 23 requirements of 49 C.F.R. Part 383.77. 24 (c) Limitations on issuance of a CDL. A CDL, or a 25 commercial driver instruction permit, shall not be issued to 26 a person while the person is subject to a disqualification 27 from driving a commercial motor vehicle, or unless otherwise 28 permitted by this Code, while the person's driver's license 29 is suspended, revoked or cancelled in any state, or any 30 territory or province of Canada; nor may a CDL be issued to a 31 person who has a CDL issued by any other state, or foreign 32 jurisdiction, unless the person first surrenders all such 33 licenses. No CDL shall be issued to or renewed for a person -5- LRB093 06730 DRH 13577 a 1 who does not meet the requirement of 49 CFR 391.41(b)(11). 2 The requirement may be met with the aid of a hearing aid. 3 (c-1) The Secretary may issue a CDL with a school bus 4 driver endorsement to allow a person to drive the type of bus 5 described in subsection (d-5) of Section 6-104 of this Code. 6 The CDL with a school bus driver endorsement may be issued 7 only to a person meeting the following requirements: 8 (1) the person has submitted his or her 9 fingerprints to the Department of State Police for 10 fingerprint based criminal background checks on current 11 and future information available in the state system and 12 current information available through the Federal Bureau 13 of Investigation's system; 14 (2) the person has passed a written test, 15 administered by the Secretary of State, on charter bus 16 operation, charter bus safety, and certain special 17 traffic laws relating to school buses determined by the 18 Secretary of State to be relevant to charter buses, and 19 submitted to a review of the applicant's driving habits 20 by the Secretary of State at the time the written test is 21 given; 22 (3) the person has demonstrated physical fitness to 23 operate school buses by submitting the results of a 24 medical examination, including tests for drug use; and 25 (4) the person has not been convicted of committing 26 or attempting to commit any one or more of the following 27 offenses: (i) those offenses defined in Sections 9-1, 28 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 29 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 30 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 31 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 32 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 33 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 34 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, -6- LRB093 06730 DRH 13577 a 1 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 2 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and 3 subsection (b), clause (1), of Section 12-4 of the 4 Criminal Code of 1961; (ii) those offenses defined in the 5 Cannabis Control Act except those offenses defined in 6 subsections (a) and (b) of Section 4, and subsection (a) 7 of Section 5 of the Cannabis Control Act; (iii) those 8 offenses defined in the Illinois Controlled Substances 9 Act; (iv) any offense committed or attempted in any other 10 state or against the laws of the United States, which if 11 committed or attempted in this State would be punishable 12 as one or more of the foregoing offenses; (v) the 13 offenses defined in Sections 4.1 and 5.1 of the Wrongs to 14 Children Act and (vi) those offenses defined in Section 15 6-16 of the Liquor Control Act of 1934. 16 (c-2) The Secretary may issue a school bus driver 17 certificate to a person who possesses a CDL issued by another 18 state and has demonstrated that he or she has met 19 substantially equivalent requirements established by the 20 Secretary for a school bus driver endorsement. The Secretary 21 shall establish and maintain a registry of persons who have 22 met the requirements of this subsection (c-2). 23 The Secretary shall adopt rules for implementing this 24 subsection (c-2). 25 (d) Commercial driver instruction permit. A commercial 26 driver instruction permit may be issued to any person holding 27 a valid Illinois driver's license if such person successfully 28 passes such tests as the Secretary determines to be 29 necessary. A commercial driver instruction permit shall not 30 be issued to a person who does not meet the requirements of 31 49 CFR 391.41 (b)(11), except for the renewal of a commercial 32 driver instruction permit for a person who possesses a 33 commercial instruction permit prior to the effective date of 34 this amendatory Act of 1999. -7- LRB093 06730 DRH 13577 a 1 (Source: P.A. 91-350, eff. 7-29-99.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.".