State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB929 Enrolled                                 LRB9207765DHmb

 1        AN ACT concerning medical examinations.

 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 changing
 5    Section 27-8.1 as follows:

 6        (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
 7        Sec. 27-8.1.  Health examinations and immunizations.
 8        (1)  In compliance with rules and regulations  which  the
 9    Department  of  Public Health shall promulgate, and except as
10    hereinafter provided, all children in Illinois shall  have  a
11    health  examination  as  follows:  within  one  year prior to
12    entering kindergarten or  the  first  grade  of  any  public,
13    private,  or  parochial  elementary school; upon entering the
14    fifth and ninth grades of any public, private,  or  parochial
15    school;  prior  to  entrance  into  any  public,  private, or
16    parochial  nursery  school;  and,  irrespective   of   grade,
17    immediately  prior  to  or  upon  entrance  into  any public,
18    private, or parochial school or nursery  school,  each  child
19    shall  present  proof  of  having been examined in accordance
20    with this Section and the rules and  regulations  promulgated
21    hereunder.
22        A tuberculosis skin test screening shall be included as a
23    required  part of each health examination included under this
24    Section if the child resides in an  area  designated  by  the
25    Department  of  Public  Health  as having a high incidence of
26    tuberculosis.   Additional  health  examinations  of  pupils,
27    including dental and vision  examinations,  may  be  required
28    when  deemed  necessary  by  school authorities.  Parents are
29    encouraged to have their children undergo dental examinations
30    at the same points in time required for health examinations.
31        (2)  The Department of  Public  Health  shall  promulgate
SB929 Enrolled              -2-                LRB9207765DHmb
 1    rules   and   regulations  specifying  the  examinations  and
 2    procedures that  constitute  a  health  examination  and  may
 3    recommend  by  rule  that  certain additional examinations be
 4    performed.  The rules and regulations of  the  Department  of
 5    Public  Health  shall  specify  that a tuberculosis skin test
 6    screening shall be included as a required part of each health
 7    examination included under this Section if the child  resides
 8    in  an  area designated by the Department of Public Health as
 9    having a high incidence of tuberculosis.
10        Physicians licensed to practice medicine in  all  of  its
11    branches,   advanced  practice  nurses  who  have  a  written
12    collaborative agreement with a collaborating physician  which
13    authorizes  them to perform health examinations, or physician
14    assistants who have been delegated the performance of  health
15    examinations   by   their   supervising  physician  shall  be
16    responsible for the performance of the  health  examinations,
17    other   than  dental  examinations  and  vision  and  hearing
18    screening, and  shall  sign  all  report  forms  required  by
19    subsection (4) of this Section that pertain to those portions
20    of  the  health examination for which the physician, advanced
21    practice nurse, or physician assistant is responsible.  If  a
22    registered  nurse  performs any part of a health examination,
23    then a physician licensed to practice medicine in all of  its
24    branches  must  review  and  sign  all required report forms.
25    Licensed dentists shall perform all dental  examinations  and
26    shall  sign  all  report  forms required by subsection (4) of
27    this  Section  that  pertain  to  the  dental   examinations.
28    Physicians licensed to practice medicine in all its branches,
29    or  licensed  optometrists,  shall  perform  all vision exams
30    required by school authorities  and  shall  sign  all  report
31    forms required by subsection (4) of this Section that pertain
32    to  the  vision  exam.   Vision  and hearing screening tests,
33    which shall not be considered examinations as  that  term  is
34    used  in  this Section, shall be conducted in accordance with
SB929 Enrolled              -3-                LRB9207765DHmb
 1    rules and regulations of the Department of Public Health, and
 2    by individuals whom  the  Department  of  Public  Health  has
 3    certified.
 4        (3)  Every  child  shall, at or about the same time as he
 5    or she receives a health examination required  by  subsection
 6    (1)  of  this  Section,  present to the local school proof of
 7    having  received  such  immunizations   against   preventable
 8    communicable  diseases  as  the  Department  of Public Health
 9    shall require by rules and regulations  promulgated  pursuant
10    to this Section and the Communicable Disease Prevention Act.
11        (4)  The  individuals  conducting  the health examination
12    shall record the fact of having  conducted  the  examination,
13    and such additional information as required, on uniform forms
14    which  the Department of Public Health and the State Board of
15    Education shall prescribe for statewide  use.   The  examiner
16    shall  summarize  on the report form any condition that he or
17    she suspects indicates a  need  for  special  services.   The
18    individuals   confirming   the   administration  of  required
19    immunizations shall record as indicated on the form that  the
20    immunizations were administered.
21        (5)  If  a  child  does  not  submit  proof of having had
22    either  the  health  examination  or  the   immunization   as
23    required,  then  the  child  shall be examined or receive the
24    immunization, as the  case  may  be,  and  present  proof  by
25    October  15 of the current school year, or by an earlier date
26    of the current school year established by a school  district.
27    To  establish  a date before October 15 of the current school
28    year for the health examination or immunization as  required,
29    a  school  district  must  give notice of the requirements of
30    this Section 60 days prior to the earlier  established  date.
31    If   for   medical  reasons  one  or  more  of  the  required
32    immunizations must be given after October 15 of  the  current
33    school  year,  or  after  an  earlier established date of the
34    current school year, then the child shall present, by October
SB929 Enrolled              -4-                LRB9207765DHmb
 1    15, or by the earlier established date, a  schedule  for  the
 2    administration  of  the  immunizations and a statement of the
 3    medical reasons causing the delay, both the schedule and  the
 4    statement  being  issued  by the physician, advanced practice
 5    nurse, physician assistant, registered nurse, or local health
 6    department that will be responsible for administration of the
 7    remaining required immunizations.  If a child does not comply
 8    by October 15, or by the  earlier  established  date  of  the
 9    current   school   year,   with   the  requirements  of  this
10    subsection, then the local  school  authority  shall  exclude
11    that  child from school until such time as the child presents
12    proof of having had the health examination  as  required  and
13    presents    proof   of   having   received   those   required
14    immunizations  which  are  medically  possible   to   receive
15    immediately.   During  a  child's  exclusion  from school for
16    noncompliance with this subsection, the  child's  parents  or
17    legal  guardian  shall  be considered in violation of Section
18    26-1 and subject to any penalty imposed by Section 26-10.
19        (6)  Every school shall report  to  the  State  Board  of
20    Education  by  November  15,  in the manner which that agency
21    shall require, the number of children who have  received  the
22    necessary   immunizations   and  the  health  examination  as
23    required, indicating, of those  who  have  not  received  the
24    immunizations  and  examination  as  required,  the number of
25    children  who  are  exempt  from   health   examination   and
26    immunization  requirements on religious or medical grounds as
27    provided in subsection (8).  This reported information  shall
28    be  provided  to the Department of Public Health by the State
29    Board of Education.
30        (7)  Upon determining that the number of pupils  who  are
31    required  to  be  in  compliance  with subsection (5) of this
32    Section is below 90% of the number of pupils enrolled in  the
33    school  district, 10% of each State aid payment made pursuant
34    to Section 18-8 to the school district for such year shall be
SB929 Enrolled              -5-                LRB9207765DHmb
 1    withheld by the regional superintendent until the  number  of
 2    students  in compliance with subsection (5) is the applicable
 3    specified percentage or higher.
 4        (8)  Parents or legal  guardians  who  object  to  health
 5    examinations  or  any  part  thereof, or to immunizations, on
 6    religious grounds shall  not  be  required  to  submit  their
 7    children  or  wards  to  the examinations or immunizations to
 8    which they so object  if  such  parents  or  legal  guardians
 9    present  to  the  appropriate local school authority a signed
10    statement  of  objection,  detailing  the  grounds  for   the
11    objection.   If  the  physical condition of the child is such
12    that any one or more of the immunizing agents should  not  be
13    administered,  the  examining  physician,  advanced  practice
14    nurse, or physician assistant responsible for the performance
15    of  the  health  examination shall endorse that fact upon the
16    health examination form.  Exempting a child from  the  health
17    examination  does  not exempt the child from participation in
18    the  program  of  physical  education  training  provided  in
19    Sections 27-5 through 27-7 of this Code.
20        (9)  For the purposes of this Section, "nursery  schools"
21    means  those  nursery  schools  operated by elementary school
22    systems or secondary level school units  or  institutions  of
23    higher learning.
24    (Source: P.A. 91-357, eff. 7-29-99.)

25        Section  10.   The  Illinois  Vehicle  Code is amended by
26    changing Sections 6-106.1, 6-901, and 18b-105 as follows:

27        (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
28        Sec. 6-106.1.  School bus driver permit.
29        (a)  The Secretary of State  shall  issue  a  school  bus
30    driver  permit  to  those  applicants  who  have  met all the
31    requirements of the application and screening  process  under
32    this Section to insure the welfare and safety of children who
SB929 Enrolled              -6-                LRB9207765DHmb
 1    are  transported  on  school  buses  throughout  the State of
 2    Illinois.  Applicants shall  obtain  the  proper  application
 3    required  by the Secretary of State from their prospective or
 4    current employer and submit the completed application to  the
 5    prospective  or  current  employer  along  with the necessary
 6    fingerprint submission as required by the Department of State
 7    Police  to  conduct  fingerprint  based  criminal  background
 8    checks on current and future  information  available  in  the
 9    state  system  and  current information available through the
10    Federal Bureau of  Investigation's  system.   Applicants  who
11    have  completed  the fingerprinting requirements shall not be
12    subjected to the fingerprinting  process  when  applying  for
13    subsequent   permits   or   submitting  proof  of  successful
14    completion of the annual refresher course.   Individuals  who
15    on  the effective date of this Act possess a valid school bus
16    driver  permit  that  has  been  previously  issued  by   the
17    appropriate Regional School Superintendent are not subject to
18    the  fingerprinting provisions of this Section as long as the
19    permit remains valid and does not lapse.  The applicant shall
20    be required to pay all related application and fingerprinting
21    fees as established by rule including, but  not  limited  to,
22    the amounts established by the Department of State Police and
23    the  Federal  Bureau  of Investigation to process fingerprint
24    based criminal background investigations. All fees  paid  for
25    fingerprint  processing  services under this Section shall be
26    deposited into the State Police Services Fund  for  the  cost
27    incurred   in   processing  the  fingerprint  based  criminal
28    background investigations.  All other fees  paid  under  this
29    Section shall be deposited into the Road Fund for the purpose
30    of   defraying  the  costs  of  the  Secretary  of  State  in
31    administering this Section.  All applicants must:
32             1.  be 21 years of age or older;
33             2.  possess a valid and properly classified driver's
34        license issued by the Secretary of State;
SB929 Enrolled              -7-                LRB9207765DHmb
 1             3.  possess a valid driver's license, which has  not
 2        been   revoked,   suspended,  or  canceled  for  3  years
 3        immediately prior to the date of application, or have not
 4        had  his  or  her  commercial   motor   vehicle   driving
 5        privileges  disqualified  within  the 3 years immediately
 6        prior to the date of application;
 7             4.  successfully pass a written  test,  administered
 8        by  the  Secretary  of  State,  on  school bus operation,
 9        school bus safety, and special traffic laws  relating  to
10        school  buses  and  submit to a review of the applicant's
11        driving habits by the Secretary of State at the time  the
12        written test is given;
13             5.  demonstrate  ability to exercise reasonable care
14        in the operation of school buses in accordance with rules
15        promulgated by the Secretary of State;
16             6.  demonstrate physical fitness to  operate  school
17        buses by submitting the results of a medical examination,
18        including  tests  for  drug  use  for  each applicant not
19        subject  to  such  testing  pursuant  to   federal   law,
20        conducted  by  a licensed physician, an advanced practice
21        nurse who has a written collaborative  agreement  with  a
22        collaborating  physician  which  authorizes him or her to
23        perform medical examinations, or  a  physician  assistant
24        who   has  been  delegated  the  performance  of  medical
25        examinations by his or her supervising  physician  within
26        90 days of the date of application according to standards
27        promulgated by the Secretary of State;
28             7.  affirm under penalties of perjury that he or she
29        has  not  made a false statement or knowingly concealed a
30        material fact in any application for permit;
31             8.  have  completed  an  initial  classroom  course,
32        including first aid  procedures,  in  school  bus  driver
33        safety  as  promulgated  by  the  Secretary of State; and
34        after satisfactory completion of said initial  course  an
SB929 Enrolled              -8-                LRB9207765DHmb
 1        annual  refresher  course; such courses and the agency or
 2        organization conducting such courses shall be approved by
 3        the Secretary of State; failure to  complete  the  annual
 4        refresher  course,  shall  result  in cancellation of the
 5        permit until such course is completed;
 6             9.  not have been convicted of  2  or  more  serious
 7        traffic  offenses,  as  defined  by rule, within one year
 8        prior to the date of application that  may  endanger  the
 9        life  or  safety of any of the driver's passengers within
10        the duration of the permit period;
11             10.  not have been convicted  of  reckless  driving,
12        driving while intoxicated, or reckless homicide resulting
13        from  the  operation of a motor vehicle within 3 years of
14        the date of application;
15             11.  not  have  been  convicted  of  committing   or
16        attempting  to  commit  any  one or more of the following
17        offenses:  (i) those offenses defined  in  Sections  9-1,
18        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
19        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
20        11-15.1,  11-16,  11-17,  11-18, 11-19, 11-19.1, 11-19.2,
21        11-20, 11-20.1, 11-21,  11-22,  12-3.1,  12-4.1,  12-4.2,
22        12-4.3,  12-4.4,  12-4.5,  12-6,  12-6.2, 12-7.1, 12-7.3,
23        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
24        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
25        18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1,  24-1.2,  24-3.3,
26        31A-1,  31A-1.1,  and  33A-2,  and  in subsection (a) and
27        subsection (b),  clause  (1),  of  Section  12-4  of  the
28        Criminal Code of 1961; (ii) those offenses defined in the
29        Cannabis  Control  Act  except  those offenses defined in
30        subsections (a) and (b) of Section 4, and subsection  (a)
31        of  Section  5  of  the Cannabis Control Act; (iii) those
32        offenses defined in the  Illinois  Controlled  Substances
33        Act; (iv) any offense committed or attempted in any other
34        state  or against the laws of the United States, which if
SB929 Enrolled              -9-                LRB9207765DHmb
 1        committed or attempted in this State would be  punishable
 2        as  one  or  more  of  the  foregoing  offenses;  (v) the
 3        offenses defined in Section 4.1 and 5.1 of the Wrongs  to
 4        Children  Act  and (vi) those offenses defined in Section
 5        6-16 of the Liquor Control Act of 1934;
 6             12.  not have been repeatedly involved as  a  driver
 7        in  motor vehicle collisions or been repeatedly convicted
 8        of offenses against laws and  ordinances  regulating  the
 9        movement  of traffic, to a degree which indicates lack of
10        ability to exercise ordinary and reasonable care  in  the
11        safe  operation  of a motor vehicle or disrespect for the
12        traffic laws and the safety of  other  persons  upon  the
13        highway;
14             13.  not  have,  through the unlawful operation of a
15        motor vehicle, caused an accident resulting in the  death
16        of any person; and
17             14.  not   have,  within  the  last  5  years,  been
18        adjudged to be  afflicted  with  or  suffering  from  any
19        mental disability or disease.
20        (b)  A  school  bus  driver  permit  shall be valid for a
21    period specified by the Secretary of State as  set  forth  by
22    rule.   It shall be renewable upon compliance with subsection
23    (a) of this Section.
24        (c)  A  school  bus  driver  permit  shall  contain   the
25    holder's  driver's  license  number, name, address, zip code,
26    social security number and date of birth, a brief description
27    of the holder and a space for signature.   The  Secretary  of
28    State may require a suitable photograph of the holder.
29        (d)  The  employer  shall be responsible for conducting a
30    pre-employment interview with prospective school  bus  driver
31    candidates,  distributing  school bus driver applications and
32    medical  forms  to  be  completed  by  the   applicant,   and
33    submitting   the   applicant's   fingerprint   cards  to  the
34    Department of State Police that are required for the criminal
SB929 Enrolled              -10-               LRB9207765DHmb
 1    background investigations.  The  employer  shall  certify  in
 2    writing  to  the  Secretary  of State that all pre-employment
 3    conditions have been  successfully  completed  including  the
 4    successful   completion  of  an  Illinois  specific  criminal
 5    background investigation  through  the  Department  of  State
 6    Police  and  the  submission of necessary fingerprints to the
 7    Federal  Bureau  of  Investigation   for   criminal   history
 8    information   available   through   the   Federal  Bureau  of
 9    Investigation  system.   The  applicant  shall  present   the
10    certification  to  the  Secretary  of  State  at  the time of
11    submitting the school bus driver permit application.
12        (e)  Permits  shall   initially   be   provisional   upon
13    receiving   certification   from   the   employer   that  all
14    pre-employment conditions have been  successfully  completed,
15    and   upon   successful   completion   of  all  training  and
16    examination  requirements  for  the  classification  of   the
17    vehicle   to  be  operated,  the  Secretary  of  State  shall
18    provisionally issue a School Bus Driver Permit.   The  permit
19    shall  remain  in a provisional status pending the completion
20    of the Federal Bureau of Investigation's criminal  background
21    investigation  based  upon fingerprinting specimens submitted
22    to the Federal Bureau of Investigation by the  Department  of
23    State  Police.   The  Federal  Bureau  of Investigation shall
24    report the findings directly to the Secretary of State.   The
25    Secretary  of  State  shall remove the bus driver permit from
26    provisional status upon the applicant's successful completion
27    of the Federal Bureau of Investigation's criminal  background
28    investigation.
29        (f)  A  school  bus driver permit holder shall notify the
30    employer and the Secretary of State if he or she is convicted
31    in another state of an offense that would  make  him  or  her
32    ineligible for a permit under subsection (a) of this Section.
33    The  written  notification shall be made within 5 days of the
34    entry of the conviction.  Failure of  the  permit  holder  to
SB929 Enrolled              -11-               LRB9207765DHmb
 1    provide the notification is punishable as a petty offense for
 2    a  first  violation and a Class B misdemeanor for a second or
 3    subsequent violation.
 4        (g)  Cancellation; suspension; notice and procedure.
 5             (1)  The Secretary of State shall  cancel  a  school
 6        bus   driver   permit  of  an  applicant  whose  criminal
 7        background investigation discloses that he or she is  not
 8        in  compliance  with  the provisions of subsection (a) of
 9        this Section.
10             (2)  The Secretary of State shall  cancel  a  school
11        bus driver permit when he or she receives notice that the
12        permit  holder fails to comply with any provision of this
13        Section or any rule promulgated for the administration of
14        this Section.
15             (3)  The Secretary of State shall  cancel  a  school
16        bus  driver  permit  if  the  permit  holder's restricted
17        commercial or commercial driving privileges are withdrawn
18        or otherwise invalidated.
19             (4)  The Secretary of State may not issue  a  school
20        bus driver permit for a period of 3 years to an applicant
21        who  fails  to obtain a negative result on a drug test as
22        required in item 6 of subsection (a) of this  Section  or
23        under federal law.
24             (5)  The  Secretary of State shall forthwith suspend
25        a school bus driver permit for a period of 3  years  upon
26        receiving  notice  that the holder has failed to obtain a
27        negative result on a drug test as required in item  6  of
28        subsection (a) of this Section or under federal law.
29        The   Secretary   of   State   shall   notify  the  State
30    Superintendent  of  Education   and   the   permit   holder's
31    prospective  or  current  employer that the applicant has (1)
32    has failed a criminal background investigation or (2)  is  no
33    longer  eligible  for  a school bus driver permit; and of the
34    related cancellation of the  applicant's  provisional  school
SB929 Enrolled              -12-               LRB9207765DHmb
 1    bus  driver  permit.  The cancellation shall remain in effect
 2    pending the outcome of a hearing pursuant  to  Section  2-118
 3    of  this  Code.  The scope of the hearing shall be limited to
 4    the issuance criteria contained in  subsection  (a)  of  this
 5    Section.   A petition requesting a hearing shall be submitted
 6    to the Secretary of State and shall contain  the  reason  the
 7    individual feels he or she is entitled to a school bus driver
 8    permit.  The permit holder's employer shall notify in writing
 9    to the Secretary of State that the employer has certified the
10    removal of the offending school bus driver from service prior
11    to  the start of that school bus driver's next workshift.  An
12    employing school board that fails  to  remove  the  offending
13    school  bus  driver  from service is subject to the penalties
14    defined in Section 3-14.23 of the School Code. A  school  bus
15    contractor  who  violates  a  provision  of  this  Section is
16    subject to the penalties defined in Section 6-106.11.
17        All valid school bus driver  permits  issued  under  this
18    Section  prior  to  January  1,  1995, shall remain effective
19    until their expiration date unless otherwise invalidated.
20    (Source: P.A. 90-191, eff. 1-1-98; 91-500, eff. 8-13-99.)

21        (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
22        Sec. 6-901. Definitions Definition.  For the purposes  of
23    this Article:
24        "Board"  means  the  Driver's  License  Medical  Advisory
25    Board.
26        "Medical  examiner"  or  "medical practitioner" means any
27    person licensed to practice medicine in all its  branches  in
28    the State of Illinois.
29    (Source: P.A. 90-89, eff. 1-1-98.)

30        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
31        Sec. 18b-105.  Rules and Regulations.
32        (a)  The  Department  is  authorized  to  make  and adopt
SB929 Enrolled              -13-               LRB9207765DHmb
 1    reasonable rules and regulations and orders  consistent  with
 2    law necessary to carry out the provisions of this Chapter.
 3        (b)  The  following  parts  of  Title  49  of the Code of
 4    Federal Regulations, as now in effect, are hereby adopted  by
 5    reference as though they were set out in full:
 6        Part 385-Safety Fitness Procedures;
 7        Part   390-Federal   Motor  Carrier  Safety  Regulations:
 8    General;
 9        Part 391-Qualifications of Drivers;
10        Part 392-Driving of Motor Vehicles;
11        Part  393-Parts  and  Accessories  Necessary   for   Safe
12    Operation;
13        Part 395-Hours of Service of Drivers; and
14        Part 396-Inspection, Repair and Maintenance.
15        (b-5)  Individuals who meet the requirements set forth in
16    the definition of "medical examiner" in Section 390.5 of Part
17    390 of Title 49 of the Code of Federal Regulations may act as
18    medical examiners in accordance with Part 391 of Title 49  of
19    the Code of Federal Regulations.
20        (c)  The  following  parts  and  Sections  of the Federal
21    Motor Carrier Safety Regulations shall  not  apply  to  those
22    intrastate   carriers,   drivers   or   vehicles  subject  to
23    subsection (b).
24             (1)  Section 393.93 of Part 393 for  those  vehicles
25        manufactured before June 30, 1972.
26             (2)  Section  393.86  of Part 393 for those vehicles
27        which are registered as farm trucks under subsection  (c)
28        of Section 3-815 of The Illinois Vehicle Code.
29             (3)  (Blank).
30             (4)  (Blank).
31             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
32             (6)  All  of Part 395 for all agricultural movements
33        as defined in Chapter 1, between the period of February 1
34        through November 30 each year, and  all  farm  to  market
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 1        agricultural  transportation  as defined in Chapter 1 and
 2        for grain hauling operations within a radius of  200  air
 3        miles of the normal work reporting location.
 4             (7)  Paragraphs  (b)(3) (insulin dependent diabetic)
 5        and (b)(10) (minimum visual acuity) of Section 391.41  of
 6        part  391,  but only for any driver who immediately prior
 7        to July 29, 1986 was eligible and licensed to  operate  a
 8        motor  vehicle subject to this Section and was engaged in
 9        operating such vehicles, and who was disqualified on July
10        29, 1986 by the adoption of Part 391  by  reason  of  the
11        application  of  paragraphs (b)(3) and (b)(10) of Section
12        391.41 with respect to a physical condition  existing  at
13        that  time  unless  such driver has a record of accidents
14        which would indicate a lack of ability to operate a motor
15        vehicle in a safe manner.
16        (d)  Intrastate  carriers  subject   to   the   recording
17    provisions  of Section 395.8 of Part 395 of the Federal Motor
18    Carrier Safety Regulations shall  be  exempt  as  established
19    under  paragraph (1) of Section 395.8; provided, however, for
20    the purpose of this Code, drivers shall operate within a  150
21    air-mile  radius  of  the  normal  work reporting location to
22    qualify for exempt status.
23        (e)  Regulations adopted by the Department subsequent  to
24    those  adopted under subsection (b) hereof shall be identical
25    in substance to the Federal Motor Carrier Safety  Regulations
26    of the United States Department of Transportation and adopted
27    in  accordance  with the procedures for rulemaking in Section
28    5-35 of the Illinois Administrative Procedure Act.
29    (Source: P.A.  90-89,  eff.  1-1-98;  90-228,  eff.  7-25-97;
30    90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)

31        (625 ILCS 5/1-142.1a rep.)
32        Section  15.  The  Illinois  Vehicle  Code  is amended by
33    repealing Section 1-142.1a.
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 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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