093_HB2840enr

 
HB2840 Enrolled                      LRB093 06624 DRH 11730 b

 1        AN ACT in relation to vehicles.

 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 adding  Section
 5    10-20.21a as follows:

 6        (105 ILCS 5/10-20.21a new)
 7        Sec.  10-20.21a.  Contracts  for charter bus services. To
 8    award contracts for providing charter bus  services  for  the
 9    sole  purpose  of transporting students regularly enrolled in
10    grade 12 or below to  or  from  interscholastic  athletic  or
11    interscholastic or school sponsored activities.
12        All  contracts for providing charter bus services for the
13    sole purpose of transporting students regularly  enrolled  in
14    grade  12  or  below  to  or from interscholastic athletic or
15    interscholastic or school sponsored activities  must  contain
16    clause (A) as set forth below, except that a contract with an
17    out-of-state  company  may  contain  clause (B), as set forth
18    below, or clause (A). The clause must be  set  forth  in  the
19    body  of  the  contract in typeface of at least 12 points and
20    all upper case letters:
21        (A)  "ALL  OF  THE  CHARTER  BUS  DRIVERS  WHO  WILL   BE
22    PROVIDING  SERVICES  UNDER  THIS  CONTRACT HAVE, OR WILL HAVE
23    BEFORE ANY SERVICES ARE PROVIDED:
24             (1)  SUBMITTED THEIR FINGERPRINTS TO A STATE  POLICE
25        AGENCY  AND  THE  FEDERAL  BUREAU  OF INVESTIGATION FOR A
26        CRIMINAL BACKGROUND CHECK, RESULTING IN  A  DETERMINATION
27        THAT  THEY  HAVE  NOT BEEN CONVICTED OF COMMITTING ANY OF
28        THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
29        6-508 OF THE ILLINOIS VEHICLE CODE; AND
30             (2)  DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
31        BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
 
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 1        INCLUDING TESTS FOR  DRUG  USE,  TO  A  STATE  REGULATORY
 2        AGENCY."
 3        (B)  "NOT  ALL  OF  THE  CHARTER  BUS DRIVERS WHO WILL BE
 4    PROVIDING SERVICES UNDER THIS CONTRACT  HAVE,  OR  WILL  HAVE
 5    BEFORE ANY SERVICES ARE PROVIDED:
 6             (1)  SUBMITTED  THEIR FINGERPRINTS TO A STATE POLICE
 7        AGENCY AND THE FEDERAL  BUREAU  OF  INVESTIGATION  FOR  A
 8        CRIMINAL  BACKGROUND  CHECK, RESULTING IN A DETERMINATION
 9        THAT THEY HAVE NOT BEEN CONVICTED OF  COMMITTING  ANY  OF
10        THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
11        6-508 OF THE ILLINOIS VEHICLE CODE; AND
12             (2)  DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
13        BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
14        INCLUDING  TESTS  FOR  DRUG  USE,  TO  A STATE REGULATORY
15        AGENCY."

16        Section 10.  The Illinois  Vehicle  Code  is  amended  by
17    changing Sections 6-104 and 6-508 as follows:

18        (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)
19        Sec.   6-104.  Classification   of   Driver   -   Special
20    Restrictions.
21        (a)  A  driver's  license  issued  under the authority of
22    this Act shall indicate  the  classification  for  which  the
23    applicant  therefor  has  qualified by examination or by such
24    other means that the  Secretary  of  State  shall  prescribe.
25    Driver's  license classifications shall be prescribed by rule
26    or regulation promulgated by the Secretary of State and  such
27    may specify classifications as to operation of motor vehicles
28    of  the  first  division, or of those of the second division,
29    whether operated singly or in lawful combination, and whether
30    for-hire  or  not-for-hire,  and  may  specify   such   other
31    classifications as the Secretary deems necessary.
32        No  person  shall  operate  a  motor  vehicle unless such
 
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 1    person has a valid license with a  proper  classification  to
 2    permit  the operation of such vehicle, except that any person
 3    may operate a motorized pedalcycle if such person has a valid
 4    current   Illinois   driver's    license,    regardless    of
 5    classification.
 6        (b)  No  person  who  is under the age of 21 years or has
 7    had less than 1 year of driving experience shall drive:   (1)
 8    in  connection  with  the  operation of any school, day camp,
 9    summer camp, or nursery school, any public or  private  motor
10    vehicle  for transporting children to or from any school, day
11    camp, summer camp, or  nursery  school,  or  (2)  any   motor
12    vehicle   of   the  second  division  when  in  use  for  the
13    transportation of persons for compensation.
14        (c)  No person who is under the age of 18 years shall  be
15    issued a license for the purpose of transporting property for
16    hire,   or  for  the  purpose  of  transporting  persons  for
17    compensation in a motor vehicle of the first division.
18        (d)  No person  shall  drive:   (1)  a  school  bus  when
19    transporting  school  children unless such person possesses a
20    valid  school  bus  driver  permit  or  is  accompanied   and
21    supervised,  for  the  specific  purpose of training prior to
22    routine operation of a school bus, by a person who has held a
23    valid school bus driver permit for at least one year; or  (2)
24    any  other  vehicle  owned  or operated by or for a public or
25    private  school,  or  a  school  operated  by   a   religious
26    institution,   where  such  vehicle  is  being  used  over  a
27    regularly scheduled route for the transportation  of  persons
28    enrolled  as  a  student  in grade 12 or below, in connection
29    with  any  activity  of  the  entities  unless  such   person
30    possesses a valid school bus driver permit.
31        (d-5)  No  person  may drive a bus that does not meet the
32    special requirements for school buses  provided  in  Sections
33    12-801, 12-802, 12-803, and 12-805 of this Code that has been
34    chartered  for  the  sole  purpose  of  transporting students
 
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 1    regularly  enrolled  in  grade  12  or  below  to   or   from
 2    interscholastic   athletic   or   interscholastic  or  school
 3    sponsored activities  unless  the  person  has  a  valid  and
 4    properly  classified  commercial driver's license as provided
 5    in subsection (c-1) of Section 6-508 of this Code school  bus
 6    driver permit in addition to any other permit or license that
 7    is  required to operate that bus.  This subsection (d-5) does
 8    not  apply  to  any  bus  driver   employed   by   a   public
 9    transportation   provider  authorized  to  conduct  local  or
10    interurban transportation of passengers when the bus  is  not
11    traveling  a  specific school bus route but is on a regularly
12    scheduled route for the transporting  of  other  fare  paying
13    passengers.
14        A  person  may  operate a chartered bus described in this
15    subsection (d-5) if  he  or  she  is  not  disqualified  from
16    driving a chartered bus of that type and if he or she holds a
17    CDL that is:
18             (1)  issued  to  him  or  her  by any other state or
19        jurisdiction in accordance with 49 CFR 383;
20             (2)  not suspended, revoked, or canceled; and
21             (3)  valid under 49 CFR 383, subpart F, for the type
22        of vehicle being driven.
23        A person may also operate a chartered  bus  described  in
24    this  subsection  (d-5) if he or she holds a valid school bus
25    driver permit that was issued on or before December 31, 2003.
26        (e)  No person shall drive a religious  organization  bus
27    unless  such  person  has  a  valid  and  properly classified
28    drivers license or a valid school bus driver permit.
29        (f)  No person  shall  drive  a  motor  vehicle  for  the
30    purpose  of  providing  transportation  for  the  elderly  in
31    connection  with  the  activities  of  any  public or private
32    organization unless such person  has  a  valid  and  properly
33    classified driver's license issued by the Secretary of State.
34        (g)  No  person shall drive a bus which meets the special
 
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 1    requirements for school buses  provided  in  Section  12-801,
 2    12-802,  12-803  and  12-805  of this Code for the purpose of
 3    transporting persons 18 years of age or  less  in  connection
 4    with  any youth camp licensed under the Youth Camp Act or any
 5    child care facility licensed under the Child Care Act of 1969
 6    unless such person possesses a valid school bus driver permit
 7    or is accompanied and supervised, for the specific purpose of
 8    training prior to routine operation of a  school  bus,  by  a
 9    person  who  has held a valid school bus driver permit for at
10    least one year;  however,  a  person  who  has  a  valid  and
11    properly  classified driver's license issued by the Secretary
12    of State  may  operate  a  school  bus  for  the  purpose  of
13    transporting  persons  18  years of age or less in connection
14    with any such youth  camp  or  child  care  facility  if  the
15    "SCHOOL  BUS"  signs  are  covered  or concealed and the stop
16    signal arm and  flashing  signal  systems  are  not  operable
17    through normal controls.
18    (Source: P.A. 92-849, eff. 1-1-03.)

19        (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
20        Sec.   6-508.    Commercial   Driver's  License  (CDL)  -
21    qualification standards.
22        (a)  Testing.
23             (1)  General.  No person shall be issued an original
24        or renewal CDL unless that person is  domiciled  in  this
25        State.  The Secretary shall cause to be administered such
26        tests  as  the  Secretary  deems  necessary  to  meet the
27        requirements of 49 C.F.R. Part 383, subparts G and H.
28             (2)  Third party testing.  The  Secretary  of  state
29        may  authorize  a  "third  party  tester", pursuant to 49
30        C.F.R. Part 383.75, to  administer  the  skills  test  or
31        tests   specified   by   Federal  Highway  Administration
32        pursuant to the Commercial Motor Vehicle  Safety  Act  of
33        1986 and any appropriate federal rule.
 
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 1        (b)  Waiver  of  Skills Test.  The Secretary of State may
 2    waive the  skills  test  specified  in  this  Section  for  a
 3    commercial   driver   license   applicant   who   meets   the
 4    requirements of 49 C.F.R. Part 383.77.
 5        (c)  Limitations  on  issuance  of  a  CDL.   A CDL, or a
 6    commercial driver instruction permit, shall not be issued  to
 7    a  person  while  the person is subject to a disqualification
 8    from driving a commercial motor vehicle, or unless  otherwise
 9    permitted  by  this Code, while the person's driver's license
10    is suspended, revoked or  cancelled  in  any  state,  or  any
11    territory or province of Canada; nor may a CDL be issued to a
12    person  who  has  a CDL issued by any other state, or foreign
13    jurisdiction, unless the person  first  surrenders  all  such
14    licenses.   No CDL shall be issued to or renewed for a person
15    who does not meet the requirement of  49  CFR  391.41(b)(11).
16    The requirement may be met with the aid of a hearing aid.
17        (c-1)  The  Secretary  may  issue a CDL with a school bus
18    driver endorsement to allow a person to drive the type of bus
19    described in subsection (d-5) of Section 6-104 of this  Code.
20    The  CDL  with  a school bus driver endorsement may be issued
21    only to a person meeting the following requirements:
22             (1)  the   person   has   submitted   his   or   her
23        fingerprints  to  the  Department  of  State  Police  for
24        fingerprint based criminal background checks  on  current
25        and  future information available in the state system and
26        current information available through the Federal  Bureau
27        of Investigation's system;
28             (2)  the   person   has   passed   a  written  test,
29        administered by the Secretary of State,  on  charter  bus
30        operation,   charter  bus  safety,  and  certain  special
31        traffic laws relating to school buses determined  by  the
32        Secretary  of  State to be relevant to charter buses, and
33        submitted to a review of the applicant's  driving  habits
34        by the Secretary of State at the time the written test is
 
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 1        given;
 2             (3)  the person has demonstrated physical fitness to
 3        operate  school  buses  by  submitting  the  results of a
 4        medical examination, including tests for drug use; and
 5             (4)  the person has not been convicted of committing
 6        or attempting to commit any one or more of the  following
 7        offenses:   (i)  those  offenses defined in Sections 9-1,
 8        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
 9        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
10        11-15.1, 11-16, 11-17, 11-18,  11-19,  11-19.1,  11-19.2,
11        11-20,  11-20.1,  11-21,  11-22,  12-3.1, 12-4.1, 12-4.2,
12        12-4.3, 12-4.4, 12-4.5,  12-6,  12-6.2,  12-7.1,  12-7.3,
13        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
14        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
15        18-5,  20-1,  20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
16        31A-1, 31A-1.1, and 33A-2,  and  in  subsection  (a)  and
17        subsection  (b),  clause  (1),  of  Section  12-4  of the
18        Criminal Code of 1961; (ii) those offenses defined in the
19        Cannabis Control Act except  those  offenses  defined  in
20        subsections  (a) and (b) of Section 4, and subsection (a)
21        of Section 5 of the Cannabis  Control  Act;  (iii)  those
22        offenses  defined  in  the Illinois Controlled Substances
23        Act; (iv) any offense committed or attempted in any other
24        state or against the laws of the United States, which  if
25        committed  or attempted in this State would be punishable
26        as one  or  more  of  the  foregoing  offenses;  (v)  the
27        offenses defined in Sections 4.1 and 5.1 of the Wrongs to
28        Children  Act  and (vi) those offenses defined in Section
29        6-16 of the Liquor Control Act of 1934.
30        (d)  Commercial driver instruction permit.  A  commercial
31    driver instruction permit may be issued to any person holding
32    a valid Illinois driver's license if such person successfully
33    passes   such   tests  as  the  Secretary  determines  to  be
34    necessary. A commercial driver instruction permit  shall  not
 
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 1    be  issued  to a person who does not meet the requirements of
 2    49 CFR 391.41 (b)(11), except for the renewal of a commercial
 3    driver instruction  permit  for  a  person  who  possesses  a
 4    commercial  instruction permit prior to the effective date of
 5    this amendatory Act of 1999.
 6    (Source: P.A. 91-350, eff. 7-29-99.)