102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5536

 

Introduced 1/31/2022, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-217  from Ch. 95 1/2, par. 1-217
625 ILCS 5/6-104  from Ch. 95 1/2, par. 6-104

    Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. Provides that no person shall drive a motor vehicle of the first division used and registered as a school bus when transporting school children unless the person meets certain requirements.


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A BILL FOR

 

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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
5changing Sections 1-217 and 6-104 as follows:
 
6    (625 ILCS 5/1-217)  (from Ch. 95 1/2, par. 1-217)
7    Sec. 1-217. Vehicle. Every device, in, upon or by which
8any person or property is or may be transported or drawn upon a
9highway or requiring a certificate of title under Section
103-101(d) of this Code, except devices moved by human power,
11devices used exclusively upon stationary rails or tracks, and
12snowmobiles as defined in the Snowmobile Registration and
13Safety Act.
14    For the purposes of this Code, unless otherwise
15prescribed, a device shall be considered to be a vehicle until
16such time it either comes within the definition of a junk
17vehicle, as defined under this Code, or a junking certificate
18is issued for it.
19    For this Code, vehicles are divided into 2 divisions:
20    First Division: Those motor vehicles which are designed
21for the carrying of not more than 10 persons.
22    Second Division: Those vehicles which are designed for
23carrying more than 10 persons, those designed or used for

 

 

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1living quarters and those vehicles which are designed for
2pulling or carrying property, freight, or cargo and , those
3motor vehicles of the First Division remodelled for use and
4used as motor vehicles of the Second Division, and those motor
5vehicles of the First Division used and registered as school
6buses.
7(Source: P.A. 92-812, eff. 8-21-02.)
 
8    (625 ILCS 5/6-104)  (from Ch. 95 1/2, par. 6-104)
9    Sec. 6-104. Classification of Driver - Special
10Restrictions.
11    (a) A driver's license issued under the authority of this
12Act shall indicate the classification for which the applicant
13therefor has qualified by examination or by such other means
14that the Secretary of State shall prescribe. Driver's license
15classifications shall be prescribed by rule or regulation
16promulgated by the Secretary of State and such may specify
17classifications as to operation of motor vehicles of the first
18division, or of those of the second division, whether operated
19singly or in lawful combination, and whether for-hire or
20not-for-hire, and may specify such other classifications as
21the Secretary deems necessary.
22    No person shall operate a motor vehicle unless such person
23has a valid license with a proper classification to permit the
24operation of such vehicle, except that any person may operate
25a moped if such person has a valid current Illinois driver's

 

 

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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) Except as provided in subsections (d-1) and (d-2), no
15No person shall drive: (1) a school bus when transporting
16school children unless such person possesses a valid school
17bus driver permit or is accompanied and supervised, for the
18specific purpose of training prior to routine operation of a
19school bus, by a person who has held a valid school bus driver
20permit for at least one year; or (2) any other vehicle owned or
21operated by or for a public or private school, or a school
22operated by a religious institution, where such vehicle is
23being used over a regularly scheduled route for the
24transportation of persons enrolled as a student in grade 12 or
25below, in connection with any activity of the entities unless
26such person possesses a valid school bus driver permit.

 

 

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1    (d-1) No person shall drive a motor vehicle of the first
2division used and registered as a school bus when transporting
3school children unless the person:
4        (1) possesses a valid driver's license that has not
5    been revoked, suspended, canceled, or disqualified as
6    defined in Section 6-500 for any action except those
7    defined as miscellaneous suspensions by rule committed
8    during the 3 years immediately prior to the date of
9    application, and issued by the Secretary of State for the
10    operation of motor vehicles of the second division;
11        (2) completes a State and federal fingerprint
12    background check with a certified State vendor;
13        (3) demonstrates physical fitness to safely operate a
14    motor vehicle of the first division used and registered as
15    a school bus by submitting to the employer the results of a
16    drug test and an annual physical examination conducted by
17    a licensed physician, an advanced practice nurse who is
18    authorized under a written collaborative agreement with a
19    physician to perform medical examinations, or a
20    physician's assistant who has been delegated the
21    performance of medical examinations by the assistant's
22    supervising physician within 90 days of the date of
23    application according to standards adopted by the
24    Secretary of State;
25        (4) affirms under penalty of perjury that the person
26    has not made a false statement or knowingly concealed a

 

 

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1    material fact in an application for a driver's license;
2        (5) annually attends and completes Passenger
3    Assistance, Safety and Sensitivity Training administered
4    by the Community Transportation Association of America, in
5    accordance with Section 1035.35 of the Illinois
6    Administrative Code, and provides proof of attendance and
7    completion to the Secretary of State;
8        (6) at the time of application, has not been convicted
9    of 2 or more serious traffic offenses within the previous
10    12-month period, nor been convicted of 2 or more serious
11    traffic offenses during any 12-month period that
12    endangered the life and safety of any of the driver's
13    passengers;
14        (7) has not been convicted of reckless driving under
15    Section 11-503, driving under the influence of alcohol,
16    other drug or drugs, intoxicating compound or compounds,
17    or any combination thereof under Section 11-501, or
18    reckless homicide under Section 9-3 of the Criminal Code
19    of 2012 which resulted from operation of a motor vehicle
20    within 3 years of the date of application;
21        (8) has not been convicted of committing or attempting
22    to commit one or more of the offenses listed in paragraph
23    11 of subsection (a) of Section 6-106.1;
24        (9) has not been repeatedly involved as a driver in
25    motor vehicle collisions or been repeatedly convicted of
26    offenses against laws and ordinances regulating the

 

 

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1    movement of traffic to a degree that indicates lack of
2    ability to exercise ordinary and reasonable care in the
3    safe operation of a motor vehicle or disrespect for the
4    traffic laws and the safety of other persons upon the
5    highway, in accordance with Section 1040.50 of the
6    Illinois Administrative Code;
7        (10) has not, through the unlawful operation of a
8    motor vehicle, caused an accident resulting in the death
9    of any person;
10        (11) has not, within the last 5 years, been clinically
11    diagnosed with any mental disability or disease; or
12        (12) ensures that the vehicle used to transport
13    schoolchildren is:
14            (A) properly licensed and registered as required
15        by Section 3-801;
16            (B) properly insured as required under Section
17        7-601;
18            (C) equipped with proper seat belts or safety
19        seats so as to permit each passenger to be secured
20        while the vehicle is in motion;
21            (D) inspected biannually by a certified mechanic;
22            (E) inspected before and after each service trip;
23        and
24            (F) equipped with a seat belt cutter, a first aid
25        kit, a fluid clean up kit, and a fire extinguisher
26        located in the storage area that is accessible to the

 

 

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1        driver.
2    (d-2) Failure to annually complete and attend the
3Passenger Assistance, Safety and Sensitivity Training in
4accordance with paragraph (5) of subsection (d-1) shall result
5in the cancellation of the driver's permit until the course is
6completed.
7    (d-5) No person may drive a bus that does not meet the
8special requirements for school buses provided in Sections
912-801, 12-802, 12-803, and 12-805 of this Code that has been
10chartered for the sole purpose of transporting students
11regularly enrolled in grade 12 or below to or from
12interscholastic athletic or interscholastic or school
13sponsored activities unless the person has a valid and
14properly classified commercial driver's license as provided in
15subsection (c-1) of Section 6-508 of this Code in addition to
16any other permit or license that is required to operate that
17bus. This subsection (d-5) does not apply to any bus driver
18employed by a public transportation provider authorized to
19conduct local or interurban transportation of passengers when
20the bus is not traveling a specific school bus route but is on
21a regularly scheduled route for the transporting of other fare
22paying passengers.
23    A person may operate a chartered bus described in this
24subsection (d-5) if he or she is not disqualified from driving
25a chartered bus of that type and if he or she holds a CDL that
26is:

 

 

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1        (1) issued to him or her by any other state or
2    jurisdiction in accordance with 49 CFR 383;
3        (2) not suspended, revoked, or canceled; and
4        (3) valid under 49 CFR 383, subpart F, for the type of
5    vehicle being driven.
6    A person may also operate a chartered bus described in
7this subsection (d-5) if he or she holds a valid CDL and a
8valid school bus driver permit that was issued on or before
9December 31, 2003.
10    (e) No person shall drive a religious organization bus
11unless such person has a valid and properly classified drivers
12license or a valid school bus driver permit.
13    (f) No person shall drive a motor vehicle for the purpose
14of providing transportation for the elderly in connection with
15the activities of any public or private organization unless
16such person has a valid and properly classified driver's
17license issued by the Secretary of State.
18    (g) No person shall drive a bus which meets the special
19requirements for school buses provided in Section 12-801,
2012-802, 12-803 and 12-805 of this Code for the purpose of
21transporting persons 18 years of age or less in connection
22with any youth camp licensed under the Youth Camp Act or any
23child care facility licensed under the Child Care Act of 1969
24unless such person possesses a valid school bus driver permit
25or is accompanied and supervised, for the specific purpose of
26training prior to routine operation of a school bus, by a

 

 

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1person who has held a valid school bus driver permit for at
2least one year; however, a person who has a valid and properly
3classified driver's license issued by the Secretary of State
4may operate a school bus for the purpose of transporting
5persons 18 years of age or less in connection with any such
6youth camp or child care facility if the "SCHOOL BUS" signs are
7covered or concealed and the stop signal arm and flashing
8signal systems are not operable through normal controls.
9    (h) No person shall operate an autocycle unless he or she
10has a valid Class D driver's license.
11(Source: P.A. 98-777, eff. 1-1-15.)