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
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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, 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
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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
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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,
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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.
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1 (Source: P.A. 91-350, eff. 7-29-99.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.".