Illinois General Assembly - Full Text of SB3367
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Full Text of SB3367  97th General Assembly

SB3367 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3367

 

Introduced 2/7/2012, by Sen. Susan Garrett

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25g  from Ch. 122, par. 2-3.25g
105 ILCS 5/27-24.4  from Ch. 122, par. 27-24.4
105 ILCS 5/27-24.9 new
105 ILCS 5/27-24.10 new
625 ILCS 5/6-419  from Ch. 95 1/2, par. 6-419
625 ILCS 5/13-101  from Ch. 95 1/2, par. 13-101
625 ILCS 5/13-109  from Ch. 95 1/2, par. 13-109

    Amends the School Code and the Illinois Vehicle Code. Makes changes concerning notification of the public hearing on a waiver or modification of a mandate within the School Code or administrative rules and waivers and modifications for contracting with a commercial driver training school. Makes changes concerning driver education course reimbursement, the adoption of standards for driver education and driver education course content, a report on the per capita driver education cost for school districts, and the safety testing of motor vehicles used for driver education training. Effective January 1, 2013.


LRB097 16373 NHT 65137 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25g and 27-24.4 and by adding Sections 27-24.9 and 27-24.10
6as follows:
 
7    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
8    Sec. 2-3.25g. Waiver or modification of mandates within the
9School Code and administrative rules and regulations.
10    (a) In this Section:
11        "Board" means a school board or the governing board or
12    administrative district, as the case may be, for a joint
13    agreement.
14        "Eligible applicant" means a school district, joint
15    agreement made up of school districts, or regional
16    superintendent of schools on behalf of schools and programs
17    operated by the regional office of education.
18        "Implementation date" has the meaning set forth in
19    Section 24A-2.5 of this Code.
20        "State Board" means the State Board of Education.
21    (b) Notwithstanding any other provisions of this School
22Code or any other law of this State to the contrary, eligible
23applicants may petition the State Board of Education for the

 

 

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1waiver or modification of the mandates of this School Code or
2of the administrative rules and regulations promulgated by the
3State Board of Education. Waivers or modifications of
4administrative rules and regulations and modifications of
5mandates of this School Code may be requested when an eligible
6applicant demonstrates that it can address the intent of the
7rule or mandate in a more effective, efficient, or economical
8manner or when necessary to stimulate innovation or improve
9student performance. Waivers of mandates of the School Code may
10be requested when the waivers are necessary to stimulate
11innovation or improve student performance. Waivers may not be
12requested from laws, rules, and regulations pertaining to
13special education, teacher certification, teacher tenure and
14seniority, or Section 5-2.1 of this Code or from compliance
15with the No Child Left Behind Act of 2001 (Public Law 107-110).
16On and after the applicable implementation date, eligible
17applicants may not seek a waiver or seek a modification of a
18mandate regarding the requirements for (i) student performance
19data to be a significant factor in teacher or principal
20evaluations or (ii) for teachers and principals to be rated
21using the 4 categories of "excellent", "proficient", "needs
22improvement", or "unsatisfactory". On the applicable
23implementation date, any previously authorized waiver or
24modification from such requirements shall terminate.
25    (c) Eligible applicants, as a matter of inherent managerial
26policy, and any Independent Authority established under

 

 

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1Section 2-3.25f may submit an application for a waiver or
2modification authorized under this Section. Each application
3must include a written request by the eligible applicant or
4Independent Authority and must demonstrate that the intent of
5the mandate can be addressed in a more effective, efficient, or
6economical manner or be based upon a specific plan for improved
7student performance and school improvement. Any eligible
8applicant requesting a waiver or modification for the reason
9that intent of the mandate can be addressed in a more
10economical manner shall include in the application a fiscal
11analysis showing current expenditures on the mandate and
12projected savings resulting from the waiver or modification.
13Applications and plans developed by eligible applicants must be
14approved by the board or regional superintendent of schools
15applying on behalf of schools or programs operated by the
16regional office of education following a public hearing on the
17application and plan and the opportunity for the board or
18regional superintendent to hear testimony from staff directly
19involved in its implementation, parents, and students. The time
20period for such testimony shall be separate from the time
21period established by the eligible applicant for public comment
22on other matters. If the applicant is a school district or
23joint agreement requesting a waiver or modification of Section
2427-6 of this Code, the public hearing shall be held on a day
25other than the day on which a regular meeting of the board is
26held.

 

 

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1    (c-5) If the applicant is a school district, then the
2district shall post information that sets forth the time, date,
3place, and general subject matter of the public hearing on its
4Internet website at least 14 days prior to the hearing. If the
5district is requesting to increase the fee charged for driver
6education authorized pursuant to Section 27-24.2 of this Code,
7the website information shall include the proposed amount of
8the fee the district will request. All school districts must
9publish a notice of the public hearing at least 7 days prior to
10the hearing in a newspaper of general circulation within the
11school district that sets forth the time, date, place, and
12general subject matter of the hearing. Districts requesting to
13increase the fee charged for driver education shall include in
14the published notice the proposed amount of the fee the
15district will request. If the applicant is a joint agreement or
16regional superintendent, then the joint agreement or regional
17superintendent shall post information that sets forth the time,
18date, place, and general subject matter of the public hearing
19on its Internet website at least 14 days prior to the hearing.
20If the joint agreement or regional superintendent is requesting
21to increase the fee charged for driver education authorized
22pursuant to Section 27-24.2 of this Code, the website
23information shall include the proposed amount of the fee the
24applicant will request. All joint agreements and regional
25superintendents must publish a notice of the public hearing at
26least 7 days prior to the hearing in a newspaper of general

 

 

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1circulation in each school district that is a member of the
2joint agreement or that is served by the educational service
3region that sets forth the time, date, place, and general
4subject matter of the hearing, provided that a notice appearing
5in a newspaper generally circulated in more than one school
6district shall be deemed to fulfill this requirement with
7respect to all of the affected districts. Joint agreements or
8regional superintendents requesting to increase the fee
9charged for driver education shall include in the published
10notice the proposed amount of the fee the applicant will
11request. If the applicant is a school district, the public
12hearing must be preceded by at least one published notice
13occurring at least 7 days prior to the hearing in a newspaper
14of general circulation within the school district that sets
15forth the time, date, place, and general subject matter of the
16hearing. If the applicant is a joint agreement or regional
17superintendent, the public hearing must be preceded by at least
18one published notice (setting forth the time, date, place, and
19general subject matter of the hearing) occurring at least 7
20days prior to the hearing in a newspaper of general circulation
21in each school district that is a member of the joint agreement
22or that is served by the educational service region, provided
23that a notice appearing in a newspaper generally circulated in
24more than one school district shall be deemed to fulfill this
25requirement with respect to all of the affected districts. The
26eligible applicant must notify in writing the affected

 

 

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1exclusive collective bargaining agent and those State
2legislators representing the eligible applicant's territory of
3its intent to seek approval of a waiver or modification and of
4the hearing to be held to take testimony from staff. The
5affected exclusive collective bargaining agents shall be
6notified of such public hearing at least 7 days prior to the
7date of the hearing and shall be allowed to attend such public
8hearing. The eligible applicant shall attest to compliance with
9all of the notification and procedural requirements set forth
10in this Section.
11    (d) A request for a waiver or modification of
12administrative rules and regulations or for a modification of
13mandates contained in this School Code shall be submitted to
14the State Board of Education within 15 days after approval by
15the board or regional superintendent of schools. The
16application as submitted to the State Board of Education shall
17include a description of the public hearing. Except with
18respect to contracting for adaptive driver education, an
19eligible applicant wishing to request a modification or waiver
20of administrative rules of the State Board of Education
21regarding contracting with a commercial driver training school
22to provide the course of study authorized under Section 27-24.2
23of this Code must provide evidence with its application that
24the commercial driver training school with which it will
25contract holds a license issued by the Secretary of State under
26Article IV of Chapter 6 of the Illinois Vehicle Code and that

 

 

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1each instructor employed by the commercial driver training
2school to provide instruction to students served by the school
3district holds a valid teaching certificate or teaching
4license, as applicable, issued under the requirements of this
5Code and rules of the State Board of Education. Such evidence
6must include, but need not be limited to, a list of each
7instructor assigned to teach students served by the school
8district, which list shall include the instructor's name,
9personal identification number as required by the State Board
10of Education, birth date, and driver's license number. If the
11modification or waiver is granted, then the eligible applicant
12shall notify the State Board of Education of any changes in the
13personnel providing instruction within 15 calendar days after
14an instructor leaves the program or a new instructor is hired.
15Such notification shall include the instructor's name,
16personal identification number as required by the State Board
17of Education, birth date, and driver's license number. If a
18school district maintains an Internet website, then the
19district shall post a copy of the final contract between the
20district and the commercial driver training school on the
21district's Internet website. If no Internet website exists,
22then the district shall make available the contract upon
23request. A record of all materials in relation to the
24application for contracting must be maintained by the school
25district and made available to parents and guardians upon
26request. The instructor's date of birth and driver's license

 

 

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1number and any other personally identifying information as
2deemed by the federal Driver's Privacy Protection Act of 1994
3must be redacted from any public materials. Following receipt
4of the waiver or modification request, the State Board shall
5have 45 days to review the application and request. If the
6State Board fails to disapprove the application within that 45
7day period, the waiver or modification shall be deemed granted.
8The State Board may disapprove any request if it is not based
9upon sound educational practices, endangers the health or
10safety of students or staff, compromises equal opportunities
11for learning, or fails to demonstrate that the intent of the
12rule or mandate can be addressed in a more effective,
13efficient, or economical manner or have improved student
14performance as a primary goal. Any request disapproved by the
15State Board may be appealed to the General Assembly by the
16eligible applicant as outlined in this Section.
17    A request for a waiver from mandates contained in this
18School Code shall be submitted to the State Board within 15
19days after approval by the board or regional superintendent of
20schools. The application as submitted to the State Board of
21Education shall include a description of the public hearing.
22The description shall include, but need not be limited to, the
23means of notice, the number of people in attendance, the number
24of people who spoke as proponents or opponents of the waiver, a
25brief description of their comments, and whether there were any
26written statements submitted. The State Board shall review the

 

 

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1applications and requests for completeness and shall compile
2the requests in reports to be filed with the General Assembly.
3The State Board shall file reports outlining the waivers
4requested by eligible applicants and appeals by eligible
5applicants of requests disapproved by the State Board with the
6Senate and the House of Representatives before each March 1 and
7October 1. The General Assembly may disapprove the report of
8the State Board in whole or in part within 60 calendar days
9after each house of the General Assembly next convenes after
10the report is filed by adoption of a resolution by a record
11vote of the majority of members elected in each house. If the
12General Assembly fails to disapprove any waiver request or
13appealed request within such 60 day period, the waiver or
14modification shall be deemed granted. Any resolution adopted by
15the General Assembly disapproving a report of the State Board
16in whole or in part shall be binding on the State Board.
17    (e) An approved waiver or modification (except a waiver
18from or modification to a physical education mandate) may
19remain in effect for a period not to exceed 5 school years and
20may be renewed upon application by the eligible applicant.
21However, such waiver or modification may be changed within that
225-year period by a board or regional superintendent of schools
23applying on behalf of schools or programs operated by the
24regional office of education following the procedure as set
25forth in this Section for the initial waiver or modification
26request. If neither the State Board of Education nor the

 

 

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1General Assembly disapproves, the change is deemed granted.
2    An approved waiver from or modification to a physical
3education mandate may remain in effect for a period not to
4exceed 2 school years and may be renewed no more than 2 times
5upon application by the eligible applicant. An approved waiver
6from or modification to a physical education mandate may be
7changed within the 2-year period by the board or regional
8superintendent of schools, whichever is applicable, following
9the procedure set forth in this Section for the initial waiver
10or modification request. If neither the State Board of
11Education nor the General Assembly disapproves, the change is
12deemed granted.
13    (f) (Blank).
14(Source: P.A. 95-223, eff. 1-1-08; 96-861, eff. 1-15-10;
1596-1423, eff. 8-3-10.)
 
16    (105 ILCS 5/27-24.4)  (from Ch. 122, par. 27-24.4)
17    Sec. 27-24.4. Reimbursement amount.
18    (a) Each school district shall be entitled to reimbursement
19for each student who finishes either the classroom instruction
20part or the practice driving part of a driver education course
21that meets the minimum requirements of this Act. Reimbursement
22under this Act is payable from the Drivers Education Fund in
23the State treasury.
24    Each year all funds appropriated from the Drivers Education
25Fund to the State Board of Education, with the exception of

 

 

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1those funds necessary for administrative purposes of the State
2Board of Education, shall be distributed in the manner provided
3in this paragraph to school districts by the State Board of
4Education for reimbursement of claims from the previous school
5year. As soon as may be after each quarter of the year, if
6moneys are available in the Drivers Education Fund in the State
7treasury for payments under this Section, the State Comptroller
8shall draw his or her warrants upon the State Treasurer as
9directed by the State Board of Education. The warrant for each
10quarter shall be in an amount equal to one-fourth of the total
11amount to be distributed to school districts for the year.
12Payments shall be made to school districts as soon as may be
13after receipt of the warrants.
14    The base reimbursement amount shall be calculated by the
15State Board by dividing the total amount appropriated for
16distribution by the total of: (a) the number of students who
17have completed the classroom instruction part for whom valid
18claims have been made times 0.2; plus (b) the number of
19students who have completed the practice driving instruction
20part for whom valid claims have been made times 0.8.
21    The amount of reimbursement to be distributed on each claim
22shall be 0.2 times the base reimbursement amount for each
23validly claimed student who has completed the classroom
24instruction part, plus 0.8 times the base reimbursement amount
25for each validly claimed student who has completed the practice
26driving instruction part.

 

 

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1    (b) The school district which is the residence of a student
2who attends a nonpublic school in another district that has
3furnished the driver education course shall reimburse the
4district offering the course, the difference between the actual
5per capita cost of giving the course the previous school year
6and the amount reimbursed by the State, which, for purposes of
7this subsection (b), shall be referred to as "course cost". If
8the course cost offered by the student's resident district is
9less than the course cost of the course in the district where
10the nonpublic school is located, then the student is
11responsible for paying the district that furnished the course
12the difference between the 2 amounts. If a nonpublic school
13student chooses to attend a driver's education course in a
14school district besides the district where the nonpublic school
15is located, then the student is wholly responsible for the
16course cost; however, the nonpublic school student may take the
17course in his or her resident district on the same basis as
18public school students who are enrolled in that district.
19    By April 1 the nonpublic school shall notify the district
20offering the course of the names and district numbers of the
21nonresident students desiring to take such course the next
22school year. The district offering such course shall notify the
23district of residence of those students affected by April 15.
24The school district furnishing the course may claim the
25nonresident student for the purpose of making a claim for State
26reimbursement under this Act.

 

 

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1(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;
296-734, eff. 8-25-09.)
 
3    (105 ILCS 5/27-24.9 new)
4    Sec. 27-24.9. Driver education standards. The State Board
5of Education, in conjunction with the Secretary of State, shall
6adopt standards for driver education for persons under the age
7of 18 years.
 
8    (105 ILCS 5/27-24.10 new)
9    Sec. 27-24.10. Cost report. The State Board of Education
10shall annually prepare a report to be posted on the State
11Board's Internet website that indicates the approximate per
12capita driver education cost for each school district required
13to provide driver education. This report, compiled each spring
14from data reported the previous school year, shall be computed
15from expenditure data for driver education submitted by school
16districts on the annual financial statements required pursuant
17to Section 3-15.1 of this Code and the number of students
18provided driver education for that school year, as required to
19be reported under Section 27-24.5 of this Code.
 
20    Section 10. The Illinois Vehicle Code is amended by
21changing Sections 6-419, 13-101, and 13-109 as follows:
 
22    (625 ILCS 5/6-419)  (from Ch. 95 1/2, par. 6-419)

 

 

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1    Sec. 6-419. Rules and Regulations. The Secretary is
2authorized to prescribe by rule standards for the eligibility,
3conduct and operation of driver training schools, and
4instructors and to adopt other reasonable rules and regulations
5necessary to carry out the provisions of this Act. The
6Secretary may adopt rules exempting particular types of driver
7training schools from specific statutory provisions in
8Sections 6-401 through 6-424, where application of those
9provisions would be inconsistent with the manner of instruction
10offered by those schools. The Secretary, in conjunction with
11the State Board of Education, shall adopt standards for driver
12education course content for persons under the age of 18 years.
13(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
14eff. 7-28-11.)
 
15    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
16    Sec. 13-101. Submission to safety test; Certificate of
17safety. To promote the safety of the general public, every
18owner of a second division vehicle, medical transport vehicle,
19tow truck, first division vehicle including a taxi which is
20used for a purpose that requires a school bus driver permit,
21motor vehicle used for driver education training, or contract
22carrier transporting employees in the course of their
23employment on a highway of this State in a vehicle designed to
24carry 15 or fewer passengers shall, before operating the
25vehicle upon the highways of Illinois, submit it to a "safety

 

 

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1test" and secure a certificate of safety furnished by the
2Department as set forth in Section 13-109. Each second division
3motor vehicle that pulls or draws a trailer, semitrailer or
4pole trailer, with a gross weight of more than 8,000 lbs or is
5registered for a gross weight of more than 8,000 lbs, motor
6bus, religious organization bus, school bus, senior citizen
7transportation vehicle, and limousine shall be subject to
8inspection by the Department and the Department is authorized
9to establish rules and regulations for the implementation of
10such inspections.
11    The owners of each salvage vehicle shall submit it to a
12"safety test" and secure a certificate of safety furnished by
13the Department prior to its salvage vehicle inspection pursuant
14to Section 3-308 of this Code. In implementing and enforcing
15the provisions of this Section, the Department and other
16authorized State agencies shall do so in a manner that is not
17inconsistent with any applicable federal law or regulation so
18that no federal funding or support is jeopardized by the
19enactment or application of these provisions.
20    However, none of the provisions of Chapter 13 requiring
21safety tests or a certificate of safety shall apply to:
22        (a) farm tractors, machinery and implements, wagons,
23    wagon-trailers or like farm vehicles used primarily in
24    agricultural pursuits;
25        (b) vehicles other than school buses, tow trucks and
26    medical transport vehicles owned or operated by a municipal

 

 

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1    corporation or political subdivision having a population
2    of 1,000,000 or more inhabitants and which are subject to
3    safety tests imposed by local ordinance or resolution;
4        (c) a semitrailer or trailer having a gross weight of
5    5,000 pounds or less including vehicle weight and maximum
6    load;
7        (d) recreational vehicles;
8        (e) vehicles registered as and displaying Illinois
9    antique vehicle plates and vehicles registered as
10    expanded-use antique vehicles and displaying expanded-use
11    antique vehicle plates;
12        (f) house trailers equipped and used for living
13    quarters;
14        (g) vehicles registered as and displaying Illinois
15    permanently mounted equipment plates or similar vehicles
16    eligible therefor but registered as governmental vehicles
17    provided that if said vehicle is reclassified from a
18    permanently mounted equipment plate so as to lose the
19    exemption of not requiring a certificate of safety, such
20    vehicle must be safety tested within 30 days of the
21    reclassification;
22        (h) vehicles owned or operated by a manufacturer,
23    dealer or transporter displaying a special plate or plates
24    as described in Chapter 3 of this Code while such vehicle
25    is being delivered from the manufacturing or assembly plant
26    directly to the purchasing dealership or distributor, or

 

 

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1    being temporarily road driven for quality control testing,
2    or from one dealer or distributor to another, or are being
3    moved by the most direct route from one location to another
4    for the purpose of installing special bodies or equipment,
5    or driven for purposes of demonstration by a prospective
6    buyer with the dealer or his agent present in the cab of
7    the vehicle during the demonstration;
8        (i) pole trailers and auxiliary axles;
9        (j) special mobile equipment;
10        (k) vehicles properly registered in another State
11    pursuant to law and displaying a valid registration plate,
12    except vehicles of contract carriers transporting
13    employees in the course of their employment on a highway of
14    this State in a vehicle designed to carry 15 or fewer
15    passengers are only exempted to the extent that the safety
16    testing requirements applicable to such vehicles in the
17    state of registration are no less stringent than the safety
18    testing requirements applicable to contract carriers that
19    are lawfully registered in Illinois;
20        (l) water-well boring apparatuses or rigs;
21        (m) any vehicle which is owned and operated by the
22    federal government and externally displays evidence of
23    such ownership; and
24        (n) second division vehicles registered for a gross
25    weight of 8,000 pounds or less, except when such second
26    division motor vehicles pull or draw a trailer,

 

 

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1    semi-trailer or pole trailer having a gross weight of or
2    registered for a gross weight of more than 8,000 pounds;
3    motor buses; religious organization buses; school buses;
4    senior citizen transportation vehicles; medical transport
5    vehicles and tow trucks.
6    The safety test shall include the testing and inspection of
7brakes, lights, horns, reflectors, rear vision mirrors,
8mufflers, safety chains, windshields and windshield wipers,
9warning flags and flares, frame, axle, cab and body, or cab or
10body, wheels, steering apparatus, and other safety devices and
11appliances required by this Code and such other safety tests as
12the Department may by rule or regulation require, for second
13division vehicles, school buses, medical transport vehicles,
14tow trucks, first division vehicles including taxis which are
15used for a purpose that requires a school bus driver permit,
16motor vehicles used for driver education training, vehicles
17designed to carry 15 or fewer passengers operated by a contract
18carrier transporting employees in the course of their
19employment on a highway of this State, trailers, and
20semitrailers subject to inspection.
21    For tow trucks, the safety test and inspection shall also
22include the inspection of winch mountings, body panels, body
23mounts, wheel lift swivel points, and sling straps, and other
24tests and inspections the Department by rule requires for tow
25trucks.
26    For driver education vehicles used by public high schools,

 

 

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1the vehicle must also be equipped with dual control brakes, a
2mirror on each side of the vehicle so located as to reflect to
3the driver a view of the highway for a distance of at least 200
4feet to the rear, and a sign visible from the front and the
5rear identifying the vehicle as a driver education car.
6    For trucks, truck tractors, trailers, semi-trailers,
7buses, and first division vehicles including taxis which are
8used for a purpose that requires a school bus driver permit,
9the safety test shall be conducted in accordance with the
10Minimum Periodic Inspection Standards promulgated by the
11Federal Highway Administration of the U.S. Department of
12Transportation and contained in Appendix G to Subchapter B of
13Chapter III of Title 49 of the Code of Federal Regulations.
14Those standards, as now in effect, are made a part of this
15Code, in the same manner as though they were set out in full in
16this Code.
17    The passing of the safety test shall not be a bar at any
18time to prosecution for operating a second division vehicle,
19medical transport vehicle, motor vehicle used for driver
20education training, or vehicle designed to carry 15 or fewer
21passengers operated by a contract carrier as provided in this
22Section that which is unsafe, as determined by the standards
23prescribed in this Code.
24(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
25revised 10-4-11.)
 

 

 

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1    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)
2    Sec. 13-109. Safety test prior to application for license -
3Subsequent tests - Repairs - Retest.
4    (a) Except as otherwise provided in Chapter 13, each second
5division vehicle, first division vehicle including a taxi which
6is used for a purpose that requires a school bus driver permit,
7and medical transport vehicle, except those vehicles other than
8school buses or medical transport vehicles owned or operated by
9a municipal corporation or political subdivision having a
10population of 1,000,000 or more inhabitants which are subjected
11to safety tests imposed by local ordinance or resolution,
12operated in whole or in part over the highways of this State,
13motor vehicle used for driver education training, and each
14vehicle designed to carry 15 or fewer passengers operated by a
15contract carrier transporting employees in the course of their
16employment on a highway of this State, shall be subjected to
17the safety test provided for in Chapter 13 of this Code. Tests
18shall be conducted at an official testing station within 6
19months prior to the application for registration as provided
20for in this Code. Subsequently each vehicle shall be subject to
21tests (i) at least every 6 months, (ii) and in the case of
22school buses and first division vehicles including taxis which
23are used for a purpose that requires a school bus driver
24permit, at least every 6 months or 10,000 miles, whichever
25occurs first, or (iii) in the case of driver education vehicles
26used by public high schools, at least every 12 months for

 

 

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1vehicles over 5 model years of age or having an odometer
2reading of over 75,000 miles, whichever occurs first, and
3according to schedules established by rules and regulations
4promulgated by the Department. Any component subject to regular
5inspection which is damaged in a reportable accident must be
6reinspected before the bus or first division vehicle including
7a taxi which is used for a purpose that requires a school bus
8driver permit is returned to service.
9    (b) The Department shall also conduct periodic
10nonscheduled inspections of school buses, of buses registered
11as charitable vehicles and of religious organization buses. If
12such inspection reveals that a vehicle is not in substantial
13compliance with the rules promulgated by the Department, the
14Department shall remove the Certificate of Safety from the
15vehicle, and shall place the vehicle out-of-service. A bright
16orange, triangular decal shall be placed on an out-of-service
17vehicle where the Certificate of Safety has been removed. The
18vehicle must pass a safety test at an official testing station
19before it is again placed in service.
20    (c) If the violation is not substantial a bright yellow,
21triangular sticker shall be placed next to the Certificate of
22Safety at the time the nonscheduled inspection is made. The
23Department shall reinspect the vehicle after 3 working days to
24determine that the violation has been corrected and remove the
25yellow, triangular decal. If the violation is not corrected
26within 3 working days, the Department shall place the vehicle

 

 

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1out-of-service in accordance with procedures in subsection
2(b).
3    (d) If a violation is not substantial and does not directly
4affect the safe operation of the vehicle, the Department shall
5issue a warning notice requiring correction of the violation.
6Such correction shall be accomplished as soon as practicable
7and a report of the correction shall be made to the Department
8within 30 days in a manner established by the Department. If
9the Department has not been advised that the corrections have
10been made, and the violations still exist, the Department shall
11place the vehicle out-of-service in accordance with procedures
12in subsection (b).
13    (e) The Department is authorized to promulgate regulations
14to implement its program of nonscheduled inspections. Causing
15or allowing the operation of an out-of-service vehicle with
16passengers or unauthorized removal of an out-of-service
17sticker is a Class 3 felony. Causing or allowing the operation
18of a vehicle with a 3-day sticker for longer than 3 days with
19the sticker attached or the unauthorized removal of a 3-day
20sticker is a Class C misdemeanor.
21    (f) If a second division vehicle, first division vehicle
22including a taxi which is used for a purpose that requires a
23school bus driver permit, medical transport vehicle, or vehicle
24operated by a contract carrier as provided in subsection (a) of
25this Section is in safe mechanical condition, as determined
26pursuant to Chapter 13, the operator of the official testing

 

 

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1station must at once issue to the second division vehicle,
2first division vehicle including a taxi which is used for a
3purpose that requires a school bus driver permit, or medical
4transport vehicle a certificate of safety, in the form and
5manner prescribed by the Department, which shall be affixed to
6the vehicle by the certified safety tester who performed the
7safety tests. The owner of the second division vehicle, first
8division vehicle including a taxi which is used for a purpose
9that requires a school bus driver permit, or medical transport
10vehicle or the contract carrier shall at all times display the
11Certificate of Safety on the second division vehicle, first
12division vehicle including a taxi which is used for a purpose
13that requires a school bus driver permit, medical transport
14vehicle, or vehicle operated by a contract carrier in the
15manner prescribed by the Department.
16    (g) If a test shows that a second division vehicle, first
17division vehicle including a taxi which is used for a purpose
18that requires a school bus driver permit, medical transport
19vehicle, or vehicle operated by a contract carrier is not in
20safe mechanical condition as provided in this Section, it shall
21not be operated on the highways until it has been repaired and
22submitted to a retest at an official testing station. If the
23owner or contract carrier submits the vehicle to a retest at a
24different official testing station from that where it failed to
25pass the first test, he or she shall present to the operator of
26the second station the report of the original test, and shall

 

 

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1notify the Department in writing, giving the name and address
2of the original testing station and the defects which prevented
3the issuance of a Certificate of Safety, and the name and
4address of the second official testing station making the
5retest.
6(Source: P.A. 97-224, eff. 7-28-11.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2013.