Rep. Jennifer Gong-Gershowitz

Filed: 3/18/2024

 

 


 

 


 
10300HB4623ham001LRB103 37447 RLC 70974 a

1
AMENDMENT TO HOUSE BILL 4623

2    AMENDMENT NO. ______. Amend House Bill 4623 on page 1,
3line 5, by replacing "Section 6-106.1" with "Sections 6-106.1
4and 6-508"; and
 
5on page 13, by inserting immediately below line 16 the
6following:
 
7    "(625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
8    Sec. 6-508. Commercial Driver's License (CDL);
9qualification 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
6waive the skills test specified in this Section for a driver
7applicant for a commercial driver license who meets the
8requirements of 49 CFR 383.77. The Secretary of State shall
9waive the skills tests specified in this Section for a driver
10applicant who has military commercial motor vehicle
11experience, subject to the requirements of 49 CFR 383.77.
12    (b-1) No person shall be issued a CDL unless the person
13certifies to the Secretary one of the following types of
14driving 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
21issued to a person while the person is subject to a
22disqualification from driving a commercial motor vehicle, or
23unless otherwise permitted by this Code, while the person's
24driver's license is suspended, revoked, or cancelled in any
25state, or any territory or province of Canada; nor may a CLP or
26CDL be issued to a person who has a CLP or CDL issued by any

 

 

10300HB4623ham001- 4 -LRB103 37447 RLC 70974 a

1other state, or foreign jurisdiction, nor may a CDL be issued
2to a person who has an Illinois CLP unless the person first
3surrenders all of these licenses or permits. However, a person
4may hold an Illinois CLP and an Illinois CDL providing the CLP
5is necessary to train or practice for an endorsement or
6vehicle classification not present on the current CDL. No CDL
7shall be issued to or renewed for a person who does not meet
8the requirement of 49 CFR 391.41(b)(11). The requirement may
9be met with the aid of a hearing aid.
10    (c-1) The Secretary may issue a CDL with a school bus
11driver endorsement to allow a person to drive the type of bus
12described in subsection (d-5) of Section 6-104 of this Code.
13The CDL with a school bus driver endorsement may be issued only
14to 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
22conducting the criminal history records check, which shall be
23deposited into the State Police Services Fund and may not
24exceed the actual cost of the records check.
25    (c-2) The Secretary shall issue a CDL with a school bus
26endorsement to allow a person to drive a school bus as defined

 

 

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1in this Section. The CDL shall be issued according to the
2requirements outlined in 49 CFR 383. A person may not operate a
3school bus as defined in this Section without a school bus
4endorsement. The Secretary of State may adopt rules consistent
5with 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;
8102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
95-13-22.)"; and
 
10on page 25, line 15, by inserting after the period the
11following:
12""Child pornography" does not include images or materials in
13which the creator of the image or materials is the sole subject
14of the depiction."; and
 
15on page 28, line 12, by deleting "cartoon, animation,"; and
 
16on page 29, line 12, by replacing "possesses," with
17"obtains,"; and
 
18by replacing line 23 on page 102 through line 14 on page 126
19with the following:
 
20    "Section 97. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.".