Full Text of HB4623 103rd General Assembly
HB4623ham001 103RD GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 3/18/2024 | | 10300HB4623ham001 | | LRB103 37447 RLC 70974 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4623
| 2 | | AMENDMENT NO. ______. Amend House Bill 4623 on page 1, | 3 | | line 5, by replacing "Section 6-106.1" with "Sections 6-106.1 | 4 | | and 6-508"; and | 5 | | on page 13, by inserting immediately below line 16 the | 6 | | following: | 7 | | "(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) | 8 | | Sec. 6-508. Commercial Driver's License (CDL); | 9 | | qualification standards. | 10 | | (a) Testing. | 11 | | (1) General. No person shall be issued an original or | 12 | | renewal CDL unless that person is domiciled in this State | 13 | | or is applying for a non-domiciled CDL under Sections | 14 | | 6-509 and 6-510 of this Code. The Secretary shall cause to | 15 | | be administered such tests as the Secretary deems | 16 | | necessary to meet the requirements of 49 CFR Part 383, |
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| 1 | | subparts F, G, H, and J. | 2 | | (1.5) Effective July 1, 2014, no person shall be | 3 | | issued an original CDL or an upgraded CDL that requires a | 4 | | skills test unless that person has held a CLP, for a | 5 | | minimum of 14 calendar days, for the classification of | 6 | | vehicle and endorsement, if any, for which the person is | 7 | | seeking a CDL. | 8 | | (2) Third party testing. The Secretary of State may | 9 | | authorize a "third party tester", pursuant to 49 CFR | 10 | | 383.75 and 49 CFR 384.228 and 384.229, to administer the | 11 | | skills test or tests specified by the Federal Motor | 12 | | Carrier Safety Administration pursuant to the Commercial | 13 | | Motor Vehicle Safety Act of 1986 and any appropriate | 14 | | federal rule. | 15 | | (3)(i) Effective February 7, 2020, unless the person | 16 | | is exempted by 49 CFR 380.603, no person shall be issued an | 17 | | original (first time issuance) CDL, an upgraded CDL or a | 18 | | school bus (S), passenger (P), or hazardous Materials (H) | 19 | | endorsement unless the person has successfully completed | 20 | | entry-level driver training (ELDT) taught by a training | 21 | | provider listed on the federal Training Provider Registry. | 22 | | (ii) Persons who obtain a CLP before February 7, 2020 | 23 | | are not required to complete ELDT if the person obtains a | 24 | | CDL before the CLP or renewed CLP expires. | 25 | | (iii) Except for persons seeking the H endorsement, | 26 | | persons must complete the theory and behind-the-wheel |
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| 1 | | (range and public road) portions of ELDT within one year | 2 | | of completing the first portion. | 3 | | (iv) The Secretary shall adopt rules to implement this | 4 | | subsection. | 5 | | (b) Waiver of Skills Test. The Secretary of State may | 6 | | waive the skills test specified in this Section for a driver | 7 | | applicant for a commercial driver license who meets the | 8 | | requirements of 49 CFR 383.77. The Secretary of State shall | 9 | | waive the skills tests specified in this Section for a driver | 10 | | applicant who has military commercial motor vehicle | 11 | | experience, subject to the requirements of 49 CFR 383.77. | 12 | | (b-1) No person shall be issued a CDL unless the person | 13 | | certifies to the Secretary one of the following types of | 14 | | driving operations in which he or she will be engaged: | 15 | | (1) non-excepted interstate; | 16 | | (2) non-excepted intrastate; | 17 | | (3) excepted interstate; or | 18 | | (4) excepted intrastate. | 19 | | (b-2) (Blank). | 20 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 21 | | issued to a person while the person is subject to a | 22 | | disqualification from driving a commercial motor vehicle, or | 23 | | unless otherwise permitted by this Code, while the person's | 24 | | driver's license is suspended, revoked, or cancelled in any | 25 | | state, or any territory or province of Canada; nor may a CLP or | 26 | | CDL be issued to a person who has a CLP or CDL issued by any |
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| 1 | | other state, or foreign jurisdiction, nor may a CDL be issued | 2 | | to a person who has an Illinois CLP unless the person first | 3 | | surrenders all of these licenses or permits. However, a person | 4 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 5 | | is necessary to train or practice for an endorsement or | 6 | | vehicle classification not present on the current CDL. No CDL | 7 | | shall be issued to or renewed for a person who does not meet | 8 | | the requirement of 49 CFR 391.41(b)(11). The requirement may | 9 | | be met with the aid of a hearing aid. | 10 | | (c-1) The Secretary may issue a CDL with a school bus | 11 | | driver endorsement to allow a person to drive the type of bus | 12 | | described in subsection (d-5) of Section 6-104 of this Code. | 13 | | The CDL with a school bus driver endorsement may be issued only | 14 | | to a person meeting the following requirements: | 15 | | (1) the person has submitted his or her fingerprints | 16 | | to the Illinois State Police in the form and manner | 17 | | prescribed by the Illinois State Police. These | 18 | | fingerprints shall be checked against the fingerprint | 19 | | records now and hereafter filed in the Illinois State | 20 | | Police and Federal Bureau of Investigation criminal | 21 | | history records databases; | 22 | | (2) the person has passed a written test, administered | 23 | | by the Secretary of State, on charter bus operation, | 24 | | charter bus safety, and certain special traffic laws | 25 | | relating to school buses determined by the Secretary of | 26 | | State to be relevant to charter buses, and submitted to a |
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| 1 | | review of the driver applicant's driving habits by the | 2 | | Secretary of State at the time the written test is given; | 3 | | (3) the person has demonstrated physical fitness to | 4 | | operate school buses by submitting the results of a | 5 | | medical examination, including tests for drug use; and | 6 | | (4) the person has not been convicted of committing or | 7 | | attempting to commit any one or more of the following | 8 | | offenses: (i) those offenses defined in Sections 8-1.2, | 9 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 10 | | 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 11 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, | 12 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 13 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 14 | | 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, | 15 | | 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22, 11-23, 11-24, | 16 | | 11-25, 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, | 17 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, | 18 | | 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 19 | | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, | 20 | | 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, | 21 | | 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, | 22 | | 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 23 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 24 | | 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in | 25 | | subsection (b) of Section 8-1, and in subdivisions (a)(1), | 26 | | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) |
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| 1 | | of Section 12-3.05, and in subsection (a) and subsection | 2 | | (b), clause (1), of Section 12-4, and in subsection (A), | 3 | | clauses (a) and (b), of Section 24-3, and those offenses | 4 | | contained in Article 29D of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012; (ii) those offenses defined in | 6 | | the Cannabis Control Act except those offenses defined in | 7 | | subsections (a) and (b) of Section 4, and subsection (a) | 8 | | of Section 5 of the Cannabis Control Act; (iii) those | 9 | | offenses defined in the Illinois Controlled Substances | 10 | | Act; (iv) those offenses defined in the Methamphetamine | 11 | | Control and Community Protection Act; (v) any offense | 12 | | committed or attempted in any other state or against the | 13 | | laws of the United States, which if committed or attempted | 14 | | in this State would be punishable as one or more of the | 15 | | foregoing offenses; (vi) the offenses defined in Sections | 16 | | 4.1 and 5.1 of the Wrongs to Children Act or Section | 17 | | 11-9.1A of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012; (vii) those offenses defined in Section 6-16 of | 19 | | the Liquor Control Act of 1934; and (viii) those offenses | 20 | | defined in the Methamphetamine Precursor Control Act. | 21 | | The Illinois State Police shall charge a fee for | 22 | | conducting the criminal history records check, which shall be | 23 | | deposited into the State Police Services Fund and may not | 24 | | exceed the actual cost of the records check. | 25 | | (c-2) The Secretary shall issue a CDL with a school bus | 26 | | endorsement to allow a person to drive a school bus as defined |
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| 1 | | in this Section. The CDL shall be issued according to the | 2 | | requirements outlined in 49 CFR 383. A person may not operate a | 3 | | school bus as defined in this Section without a school bus | 4 | | endorsement. The Secretary of State may adopt rules consistent | 5 | | with Federal guidelines to implement this subsection (c-2). | 6 | | (d) (Blank). | 7 | | (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; | 8 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. | 9 | | 5-13-22.)"; and | 10 | | on page 25, line 15, by inserting after the period the | 11 | | following: | 12 | | " "Child pornography" does not include images or materials in | 13 | | which the creator of the image or materials is the sole subject | 14 | | of the depiction. "; and | 15 | | on page 28, line 12, by deleting " cartoon, animation, "; and | 16 | | on page 29, line 12, by replacing " possesses, " with | 17 | | " obtains, "; and | 18 | | by replacing line 23 on page 102 through line 14 on page 126 | 19 | | with the following: | 20 | | "Section 97. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes.". |
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