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, 
 
 
10300HB4623ham001- 2 -LRB103 37447 RLC 70974 a

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 
 
 
10300HB4623ham001- 3 -LRB103 37447 RLC 70974 a

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 
 
 
10300HB4623ham001- 5 -LRB103 37447 RLC 70974 a

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) 
 
 
10300HB4623ham001- 6 -LRB103 37447 RLC 70974 a

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 
 
 
10300HB4623ham001- 7 -LRB103 37447 RLC 70974 a

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.".