Full Text of HB2315 101st General Assembly
HB2315ham001 101ST GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/13/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2315
| 2 | | AMENDMENT NO. ______. Amend House Bill 2315 as follows:
| 3 | | on page 3, line 19, after "Section 8", by inserting "and by | 4 | | adding Section 17"; and | 5 | | on page 5, by inserting immediately below line 19 the | 6 | | following: | 7 | | "(15 ILCS 335/17 new) | 8 | | Sec. 17. Invalidation of a standard Illinois | 9 | | Identification Card or an Illinois Person with a Disability | 10 | | Identification Card. | 11 | | (a) The Secretary of State may invalidate a standard | 12 | | Illinois Identification Card or an Illinois Person with a | 13 | | Disability Identification Card: | 14 | | (1) when the holder voluntarily surrenders the | 15 | | standard Illinois Identification Card or Illinois Person |
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| 1 | | with a Disability Identification Card and declares his or | 2 | | her intention to do so in writing; | 3 | | (2) upon the death of the holder; | 4 | | (3) upon the refusal of the holder to correct or update | 5 | | information contained on a standard Illinois | 6 | | Identification Card or an Illinois Person with a Disability | 7 | | Identification Card; and | 8 | | (4) as the Secretary deems appropriate by | 9 | | administrative rule. "; and | 10 | | on page 5, line 21, after "6-500,", by inserting "6-508,"; and | 11 | | on page 21, by inserting immediately below line 2 the | 12 | | following: | 13 | | " (15.2) Entry-level driver training. "Entry-level driver | 14 | | training" means the training an entry-level driver receives | 15 | | from an entity listed on the Federal Motor Carrier Safety | 16 | | Administration's Training Provider Registry prior to: (i) | 17 | | taking the CDL skills test required to receive the Class A or | 18 | | Class B CDL for the first time; (ii) taking the CDL skills test | 19 | | required to upgrade to a Class A or Class B CDL; or (iii) | 20 | | taking the CDL skills test required to obtain a passenger or | 21 | | school bus endorsement for the first time or the CDL knowledge | 22 | | test required to obtain a hazardous materials endorsement for | 23 | | the first time. "; and |
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| 1 | | on page 29, by inserting immediately below line 10 the | 2 | | following:
| 3 | | "(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 4 | | Sec. 6-508. Commercial Driver's License (CDL) - | 5 | | qualification standards.
| 6 | | (a) Testing.
| 7 | | (1) General. No person shall be issued an original or | 8 | | renewal CDL
unless that person is
domiciled in this State | 9 | | or is applying for a non-domiciled CDL under Sections 6-509 | 10 | | and 6-510 of this Code. The Secretary shall cause to be | 11 | | administered such
tests as the Secretary deems necessary to | 12 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | 13 | | H, and J.
| 14 | | (1.5) Effective July 1, 2014, no person shall be issued | 15 | | an original CDL or an upgraded CDL that requires a skills | 16 | | test unless that person has held a CLP, for a minimum of 14 | 17 | | calendar days, for the classification of vehicle and | 18 | | endorsement, if any, for which the person is seeking a CDL. | 19 | | (2) Third party testing. The Secretary of State may | 20 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 21 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| 22 | | skills test or tests specified by the Federal Motor Carrier | 23 | | Safety
Administration pursuant to the
Commercial Motor | 24 | | Vehicle Safety Act of 1986 and any appropriate federal | 25 | | rule.
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| 1 | | (3)(i) Effective February 7, 2020, unless the person is | 2 | | exempted by 49 CFR 380.603, no person shall be issued an | 3 | | original (first time issuance) CDL, an upgraded CDL or a | 4 | | school bus (S), passenger (P), or hazardous Materials (H) | 5 | | endorsement unless the person has successfully completed | 6 | | entry-level driver training (ELDT) taught by a training | 7 | | provider listed on the federal Training Provider Registry. | 8 | | (ii) Persons who obtain a CLP before February 7, 2020 | 9 | | are not required to complete ELDT if the person obtains a | 10 | | CDL before the CLP or renewed CLP expires. | 11 | | (iii) Except for persons seeking the H endorsement, | 12 | | persons must complete the theory and behind-the-wheel | 13 | | (range and public road) portions of ELDT within one year of | 14 | | completing the first portion. | 15 | | (iv) The Secretary shall adopt rules to implement this | 16 | | subsection.
| 17 | | (b) Waiver of Skills Test. The Secretary of State may waive | 18 | | the skills
test specified in this Section for a driver | 19 | | applicant for a commercial driver license
who meets the | 20 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | 21 | | waive the skills tests specified in this Section for a driver | 22 | | applicant who has military commercial motor vehicle | 23 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 24 | | (b-1) No person shall be issued a CDL unless the person | 25 | | certifies to the Secretary one of the following types of | 26 | | driving operations in which he or she will be engaged: |
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| 1 | | (1) non-excepted interstate; | 2 | | (2) non-excepted intrastate; | 3 | | (3) excepted interstate; or | 4 | | (4) excepted intrastate. | 5 | | (b-2) (Blank). | 6 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 7 | | issued to a person while the person is
subject to a | 8 | | disqualification from driving a commercial motor vehicle, or
| 9 | | unless otherwise permitted by this Code, while the person's | 10 | | driver's
license is suspended, revoked or cancelled in
any | 11 | | state, or any territory or province of Canada; nor may a CLP or | 12 | | CDL be issued
to a person who has a CLP or CDL issued by any | 13 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 14 | | to a person who has an Illinois CLP unless the person first | 15 | | surrenders all of these
licenses or permits. However, a person | 16 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 17 | | is necessary to train or practice for an endorsement or vehicle | 18 | | classification not present on the current CDL. No CDL shall be | 19 | | issued to or renewed for a person who does not
meet the | 20 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met | 21 | | with
the aid of a hearing aid.
| 22 | | (c-1) The Secretary may issue a CDL with a school bus | 23 | | driver endorsement
to allow a person to drive the type of bus | 24 | | described in subsection (d-5) of
Section 6-104 of this Code. | 25 | | The CDL with a school bus driver endorsement may be
issued only | 26 | | to a person meeting the following requirements:
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| 1 | | (1) the person has submitted his or her fingerprints to | 2 | | the
Department of State Police in the form and manner
| 3 | | prescribed by the Department of State Police. These
| 4 | | fingerprints shall be checked against the fingerprint | 5 | | records
now and hereafter filed in the Department of State | 6 | | Police and
Federal Bureau of Investigation criminal | 7 | | history records databases;
| 8 | | (2) the person has passed a written test, administered | 9 | | by the Secretary of
State, on charter bus operation, | 10 | | charter bus safety, and certain special
traffic laws
| 11 | | relating to school buses determined by the Secretary of | 12 | | State to be relevant to
charter buses, and submitted to a | 13 | | review of the driver applicant's driving
habits by the | 14 | | Secretary of State at the time the written test is given;
| 15 | | (3) the person has demonstrated physical fitness to | 16 | | operate school buses
by
submitting the results of a medical | 17 | | examination, including tests for drug
use; and
| 18 | | (4) the person has not been convicted of committing or | 19 | | attempting
to commit any
one or more of the following | 20 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 21 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 22 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 23 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 24 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 25 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 26 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
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| 1 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 2 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 3 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 4 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 5 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 6 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 7 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| 8 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 9 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 10 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | 11 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | 12 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | 13 | | Section 12-3.05, and in subsection (a) and subsection (b), | 14 | | clause (1), of Section
12-4, and in subsection (A), clauses | 15 | | (a) and (b), of Section 24-3, and those offenses contained | 16 | | in Article 29D of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 18 | | Control Act except those offenses defined in subsections | 19 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 20 | | of the Cannabis Control
Act; (iii) those offenses defined | 21 | | in the Illinois Controlled Substances
Act; (iv) those | 22 | | offenses defined in the Methamphetamine Control and | 23 | | Community Protection Act; (v) any offense committed or | 24 | | attempted in any other state or against
the laws of the | 25 | | United States, which if committed or attempted in this
| 26 | | State would be punishable as one or more of the foregoing |
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| 1 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 2 | | of the Wrongs to Children Act or Section 11-9.1A of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 4 | | those offenses defined in Section 6-16 of the Liquor | 5 | | Control Act of
1934; and (viii) those offenses defined in | 6 | | the Methamphetamine Precursor Control Act.
| 7 | | The Department of State Police shall charge
a fee for | 8 | | conducting the criminal history records check, which shall be
| 9 | | deposited into the State Police Services Fund and may not | 10 | | exceed the actual
cost of the records check.
| 11 | | (c-2) The Secretary shall issue a CDL with a school bus | 12 | | endorsement to allow a person to drive a school bus as defined | 13 | | in this Section. The CDL shall be issued according to the | 14 | | requirements outlined in 49 C.F.R. 383. A person may not | 15 | | operate a school bus as defined in this Section without a | 16 | | school bus endorsement. The Secretary of State may adopt rules | 17 | | consistent with Federal guidelines to implement this | 18 | | subsection (c-2).
| 19 | | (d) (Blank).
| 20 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | 21 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | 22 | | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of | 23 | | P.A. 99-414 for effective date of changes made by 98-176); | 24 | | 98-756, eff. 7-16-14.)"; and | 25 | | on page 31, line 2, by replacing "2018" with " 2021 2018 "; and |
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| 1 | | on page 32, line 15, by replacing "2018" with " 2021 2018 ".
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