Public Act 93-0644
SB150 Re-enrolled LRB093 06730 DRH 06864 b
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
10-20.21a as follows:
(105 ILCS 5/10-20.21a new)
Sec. 10-20.21a. Contracts for charter bus services. To
award contracts for providing charter bus services for the
sole purpose of transporting students regularly enrolled in
grade 12 or below to or from interscholastic athletic or
interscholastic or school sponsored activities.
All contracts for providing charter bus services for the
sole purpose of transporting students regularly enrolled in
grade 12 or below to or from interscholastic athletic or
interscholastic or school sponsored activities must contain
clause (A) as set forth below, except that a contract with an
out-of-state company may contain clause (B), as set forth
below, or clause (A). The clause must be set forth in the
body of the contract in typeface of at least 12 points and
all upper case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE
PROVIDING SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE
BEFORE ANY SERVICES ARE PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT
OF STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE
DEPARTMENT OF STATE POLICE. THESE FINGERPRINTS SHALL BE
CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER
FILED IN THE DEPARTMENT OF STATE POLICE AND FEDERAL
BUREAU OF INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE FINGERPRINT CHECK HAS RESULTED IN A
DETERMINATION THAT THEY HAVE NOT BEEN CONVICTED OF
COMMITTING ANY OF THE OFFENSES SET FORTH IN SUBDIVISION
(C-1)(4) OF SECTION 6-508 OF THE ILLINOIS VEHICLE CODE;
AND
(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
AGENCY."
(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE
PROVIDING SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE
BEFORE ANY SERVICES ARE PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT
OF STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE
DEPARTMENT OF STATE POLICE. THESE FINGERPRINTS SHALL BE
CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER
FILED IN THE DEPARTMENT OF STATE POLICE AND FEDERAL
BUREAU OF INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE FINGERPRINT CHECK HAS RESULTED IN A
DETERMINATION THAT THEY HAVE NOT BEEN CONVICTED OF
COMMITTING ANY OF THE OFFENSES SET FORTH IN SUBDIVISION
(C-1)(4) OF SECTION 6-508 OF THE ILLINOIS VEHICLE CODE;
AND
(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
AGENCY."
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-104 and 6-508 as follows:
(625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)
Sec. 6-104. Classification of Driver - Special
Restrictions.
(a) A driver's license issued under the authority of
this Act shall indicate the classification for which the
applicant therefor has qualified by examination or by such
other means that the Secretary of State shall prescribe.
Driver's license classifications shall be prescribed by rule
or regulation promulgated by the Secretary of State and such
may specify classifications as to operation of motor vehicles
of the first division, or of those of the second division,
whether operated singly or in lawful combination, and whether
for-hire or not-for-hire, and may specify such other
classifications as the Secretary deems necessary.
No person shall operate a motor vehicle unless such
person has a valid license with a proper classification to
permit the operation of such vehicle, except that any person
may operate a motorized pedalcycle if such person has a valid
current Illinois driver's license, regardless of
classification.
(b) No person who is under the age of 21 years or has
had less than 1 year of driving experience shall drive: (1)
in connection with the operation of any school, day camp,
summer camp, or nursery school, any public or private motor
vehicle for transporting children to or from any school, day
camp, summer camp, or nursery school, or (2) any motor
vehicle of the second division when in use for the
transportation of persons for compensation.
(c) No person who is under the age of 18 years shall be
issued a license for the purpose of transporting property for
hire, or for the purpose of transporting persons for
compensation in a motor vehicle of the first division.
(d) No person shall drive: (1) a school bus when
transporting school children unless such person possesses a
valid school bus driver permit or is accompanied and
supervised, for the specific purpose of training prior to
routine operation of a school bus, by a person who has held a
valid school bus driver permit for at least one year; or (2)
any other vehicle owned or operated by or for a public or
private school, or a school operated by a religious
institution, where such vehicle is being used over a
regularly scheduled route for the transportation of persons
enrolled as a student in grade 12 or below, in connection
with any activity of the entities unless such person
possesses a valid school bus driver permit.
(d-5) No person may drive a bus that does not meet the
special requirements for school buses provided in Sections
12-801, 12-802, 12-803, and 12-805 of this Code that has been
chartered for the sole purpose of transporting students
regularly enrolled in grade 12 or below to or from
interscholastic athletic or interscholastic or school
sponsored activities unless the person has a valid and
properly classified commercial driver's license as provided
in subsection (c-1) of Section 6-508 of this Code school bus
driver permit in addition to any other permit or license that
is required to operate that bus. This subsection (d-5) does
not apply to any bus driver employed by a public
transportation provider authorized to conduct local or
interurban transportation of passengers when the bus is not
traveling a specific school bus route but is on a regularly
scheduled route for the transporting of other fare paying
passengers.
A person may operate a chartered bus described in this
subsection (d-5) if he or she is not disqualified from
driving a chartered bus of that type and if he or she holds a
CDL that is:
(1) issued to him or her by any other state or
jurisdiction in accordance with 49 CFR 383;
(2) not suspended, revoked, or canceled; and
(3) valid under 49 CFR 383, subpart F, for the type
of vehicle being driven.
A person may also operate a chartered bus described in
this subsection (d-5) if he or she holds a valid CDL and a
valid school bus driver permit that was issued on or before
December 31, 2003.
(e) No person shall drive a religious organization bus
unless such person has a valid and properly classified
drivers license or a valid school bus driver permit.
(f) No person shall drive a motor vehicle for the
purpose of providing transportation for the elderly in
connection with the activities of any public or private
organization unless such person has a valid and properly
classified driver's license issued by the Secretary of State.
(g) No person shall drive a bus which meets the special
requirements for school buses provided in Section 12-801,
12-802, 12-803 and 12-805 of this Code for the purpose of
transporting persons 18 years of age or less in connection
with any youth camp licensed under the Youth Camp Act or any
child care facility licensed under the Child Care Act of 1969
unless such person possesses a valid school bus driver permit
or is accompanied and supervised, for the specific purpose of
training prior to routine operation of a school bus, by a
person who has held a valid school bus driver permit for at
least one year; however, a person who has a valid and
properly classified driver's license issued by the Secretary
of State may operate a school bus for the purpose of
transporting persons 18 years of age or less in connection
with any such youth camp or child care facility if the
"SCHOOL BUS" signs are covered or concealed and the stop
signal arm and flashing signal systems are not operable
through normal controls.
(Source: P.A. 92-849, eff. 1-1-03.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original
or renewal CDL unless that person is domiciled in this
State. The Secretary shall cause to be administered such
tests as the Secretary deems necessary to meet the
requirements of 49 C.F.R. Part 383, subparts G and H.
(2) Third party testing. The Secretary of state
may authorize a "third party tester", pursuant to 49
C.F.R. Part 383.75, to administer the skills test or
tests specified by Federal Highway Administration
pursuant to the Commercial Motor Vehicle Safety Act of
1986 and any appropriate federal rule.
(b) Waiver of Skills Test. The Secretary of State may
waive the skills test specified in this Section for a
commercial driver license applicant who meets the
requirements of 49 C.F.R. Part 383.77.
(c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to
a person while the person is subject to a disqualification
from driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license
is suspended, revoked or cancelled in any state, or any
territory or province of Canada; nor may a CDL be issued to a
person who has a CDL issued by any other state, or foreign
jurisdiction, unless the person first surrenders all such
licenses. No CDL shall be issued to or renewed for a person
who does not meet the requirement of 49 CFR 391.41(b)(11).
The requirement may be met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued
only to a person meeting the following requirements:
(1) the person has submitted his or her
fingerprints to the Department of State Police in the
form and manner prescribed by the Department of State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the
Department of State Police and Federal Bureau of
Investigation criminal history records databases;
(2) the person has passed a written test,
administered by the Secretary of State, on charter bus
operation, charter bus safety, and certain special
traffic laws relating to school buses determined by the
Secretary of State to be relevant to charter buses, and
submitted to a review of the applicant's driving habits
by the Secretary of State at the time the written test is
given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a
medical examination, including tests for drug use; and
(4) the person has not been convicted of committing
or attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3,
12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
subsection (b), clause (1), of Section 12-4 of the
Criminal Code of 1961; (ii) those offenses defined in the
Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a)
of Section 5 of the Cannabis Control Act; (iii) those
offenses defined in the Illinois Controlled Substances
Act; (iv) any offense committed or attempted in any other
state or against the laws of the United States, which if
committed or attempted in this State would be punishable
as one or more of the foregoing offenses; (v) the
offenses defined in Sections 4.1 and 5.1 of the Wrongs to
Children Act and (vi) those offenses defined in Section
6-16 of the Liquor Control Act of 1934.
The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding
a valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be
necessary. A commercial driver instruction permit shall not
be issued to a person who does not meet the requirements of
49 CFR 391.41 (b)(11), except for the renewal of a commercial
driver instruction permit for a person who possesses a
commercial instruction permit prior to the effective date of
this amendatory Act of 1999.
(Source: P.A. 91-350, eff. 7-29-99.)