Full Text of HB3699 101st General Assembly
HB3699 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3699 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-104 | from Ch. 95 1/2, par. 6-104 | 625 ILCS 5/11-1414.1 | from Ch. 95 1/2, par. 11-1414.1 |
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Amends the Illinois Vehicle Code. Provides that a multifunction school activity bus may be used by a driver who holds a valid Class D driver's license for any curriculum-related activity, except for transportation on regular bus routes from home to school or from school to home, if the school district does not have a full-time employee who holds a school bus driver permit. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-104 and 11-1414.1 as follows: | 6 | | (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104) | 7 | | Sec. 6-104. Classification of Driver - Special | 8 | | Restrictions.
| 9 | | (a) A driver's license issued under the authority of this | 10 | | Act
shall indicate the classification for which the applicant | 11 | | therefor has
qualified by examination or by such other means | 12 | | that the Secretary of State
shall prescribe. Driver's license | 13 | | classifications shall be
prescribed by rule or regulation | 14 | | promulgated by the Secretary of State and
such may specify | 15 | | classifications as to operation of motor vehicles of the
first | 16 | | division, or of those of the second division, whether operated | 17 | | singly
or in lawful combination, and whether for-hire or | 18 | | not-for-hire, and may
specify such other classifications as the | 19 | | Secretary deems necessary.
| 20 | | No person shall operate a motor vehicle unless such person | 21 | | has a valid
license with a proper classification to permit the | 22 | | operation of such
vehicle, except that any person may operate a | 23 | | moped if such
person has a valid current Illinois driver's |
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| 1 | | license,
regardless of classification.
| 2 | | (b) No person who is under the age of 21 years or has had | 3 | | less than 1
year of driving experience shall drive: (1) in | 4 | | connection with the
operation of any school, day camp, summer | 5 | | camp, or nursery school, any
public or private motor vehicle | 6 | | for transporting children to or from any
school, day camp, | 7 | | summer camp, or nursery school, or (2) any motor vehicle
of the | 8 | | second division when in use for the transportation of persons | 9 | | for
compensation.
| 10 | | (c) No person who is under the age of 18 years shall be | 11 | | issued a license
for the purpose of transporting property for | 12 | | hire, or for the purpose of
transporting persons for | 13 | | compensation in a motor vehicle of the first division.
| 14 | | (d) No person shall drive: (1) a school bus when | 15 | | transporting school
children unless such person possesses a | 16 | | valid school bus driver permit or
is accompanied and | 17 | | supervised, for the specific purpose of training prior
to | 18 | | routine operation of a school bus, by a person who has held a | 19 | | valid
school bus driver permit for at least one year; or (2) | 20 | | any other vehicle
owned or operated by or for a public or | 21 | | private school, or a school
operated by a religious | 22 | | institution, where such vehicle is being used over
a regularly | 23 | | scheduled route for the transportation of persons enrolled as a
| 24 | | student in grade 12 or below, in connection with any activity | 25 | | of the
entities unless such person possesses a valid school bus | 26 | | driver permit.
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| 1 | | (d-5) No person may drive a bus that does not meet the | 2 | | special
requirements
for school buses provided in Sections | 3 | | 12-801, 12-802, 12-803, and 12-805 of
this
Code that has been | 4 | | chartered
for the sole purpose of transporting students | 5 | | regularly enrolled in
grade 12 or below to or from | 6 | | interscholastic athletic or interscholastic or
school
| 7 | | sponsored activities
unless the person has a
valid and properly | 8 | | classified commercial driver's license as provided in
| 9 | | subsection (c-1) of Section 6-508 of this Code
in
addition to | 10 | | any other permit or license that
is required to operate that | 11 | | bus. This subsection (d-5)
does
not apply to any bus driver | 12 | | employed by a public transportation provider
authorized to | 13 | | conduct local or interurban transportation of passengers when | 14 | | the
bus is not traveling a specific school bus route but is on | 15 | | a regularly
scheduled route for the transporting of other fare | 16 | | paying passengers.
| 17 | | A person may operate a chartered bus described in this | 18 | | subsection
(d-5) if he or she is not disqualified from driving | 19 | | a chartered bus of that
type and if he or she holds a CDL that | 20 | | is:
| 21 | | (1) issued to him or her by any other state or | 22 | | jurisdiction in
accordance with 49 CFR 383;
| 23 | | (2) not suspended, revoked, or canceled; and
| 24 | | (3) valid under 49 CFR 383, subpart F, for the type of | 25 | | vehicle
being driven.
| 26 | | A person may also operate a chartered bus described
in this |
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| 1 | | subsection (d-5) if he or she holds a valid CDL
and a valid | 2 | | school bus driver permit that was issued on
or before December | 3 | | 31, 2003.
| 4 | | (d-10) A person may operate a multifunction school activity | 5 | | bus (MFSAB) if the person holds a valid Class D driver's | 6 | | license and the MFSAB is operated in accordance with subsection | 7 | | (a-5) of Section 11-1414.1. | 8 | | (e) No person shall drive a religious organization bus | 9 | | unless such person
has a valid and properly classified drivers | 10 | | license or a valid school bus
driver permit.
| 11 | | (f) No person shall drive a motor vehicle for the purpose | 12 | | of providing
transportation for the elderly in connection with | 13 | | the activities of any
public or private organization unless | 14 | | such person has a valid and properly
classified driver's | 15 | | license issued by the Secretary of State.
| 16 | | (g) No person shall drive a bus which meets the special | 17 | | requirements
for school buses provided in Section 12-801, | 18 | | 12-802, 12-803 and 12-805 of
this Code for the purpose of | 19 | | transporting persons 18 years of age or less
in connection with | 20 | | any youth camp licensed under the Youth Camp Act or any
child | 21 | | care facility licensed under the Child Care Act of 1969 unless | 22 | | such
person possesses a valid school bus driver permit or is | 23 | | accompanied and
supervised, for the specific purpose of | 24 | | training prior to routine operation
of a school bus, by a | 25 | | person who has held a valid school bus driver permit
for at | 26 | | least one year; however, a person who has a valid and properly
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| 1 | | classified driver's license issued by the Secretary of State | 2 | | may operate a
school bus for the purpose of transporting | 3 | | persons 18 years of age or less
in connection with any such | 4 | | youth camp or child care facility if the
"SCHOOL BUS" signs are | 5 | | covered or concealed and the stop signal arm and
flashing | 6 | | signal systems are not operable through normal controls.
| 7 | | (h) No person shall operate an autocycle unless he or she | 8 | | has a valid Class D driver's license. | 9 | | (Source: P.A. 98-777, eff. 1-1-15 .)
| 10 | | (625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1)
| 11 | | Sec. 11-1414.1. School transportation of students.
| 12 | | (a) Except as provided in subsection (a-5), every Every | 13 | | student enrolled in grade 12 or below in any entity listed in | 14 | | subsection (a) of Section 1-182 of this Code must be | 15 | | transported in a school bus or a vehicle described in | 16 | | subdivision (1) or (2) of subsection (b) of Section 1-182 of | 17 | | this Code for any curriculum-related school activity, except a | 18 | | student in any of grades 9 through 12 or a student in any of | 19 | | grades K through 12 with an Individualized Education Plan (IEP) | 20 | | with a staff to student ratio of 1 to 5, and attending Acacia | 21 | | Academy, Alexander Leigh, Marklund, Helping Hands Center, | 22 | | Connections Organization, Soaring Eagle Academy, or New | 23 | | Horizon Academy may be transported in a multi-function school | 24 | | activity bus (MFSAB) as defined in Section 1-148.3a-5 of this | 25 | | Code for any curriculum-related activity except for |
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| 1 | | transportation on regular bus routes from home to school or | 2 | | from school to home, subject to the following conditions: | 3 | | (i) A MFSAB may not be used to transport students under | 4 | | this Section unless the driver holds a valid school bus | 5 | | driver permit. | 6 | | (ii) The use of a MFSAB under this Section is subject | 7 | | to the requirements of Sections 6-106.11, 6-106.12, | 8 | | 12-707.01, 13-101, and 13-109 of this Code. | 9 | | "Curriculum-related school activity" as used in this | 10 | | Section subsection (a) includes transportation from home to | 11 | | school or from school to home, tripper or shuttle service | 12 | | between school attendance centers, transportation to a | 13 | | vocational or career center or other trade-skill development | 14 | | site or a regional safe school or other school-sponsored | 15 | | alternative learning program, or a trip that is directly | 16 | | related to the regular curriculum of a student for which he or | 17 | | she earns credit.
| 18 | | (a-5) A MFSAB may be used by a driver who holds a valid | 19 | | Class D driver's license for any curriculum-related activity, | 20 | | except for transportation on regular bus routes from home to | 21 | | school or from school to home, if the school district does not | 22 | | have a full-time employee who holds a school bus driver permit. | 23 | | (b) Every student enrolled in grade 12 or below in any | 24 | | entity listed in subsection (a) of Section 1-182 of this Code | 25 | | who is transported in a vehicle that is being operated by or | 26 | | for a public or private primary or secondary school, including |
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| 1 | | any primary or secondary school operated by a religious | 2 | | institution, for an interscholastic, interscholastic-athletic, | 3 | | or school-sponsored, noncurriculum-related activity that (i) | 4 | | does not require student participation as part of the | 5 | | educational services of the entity and (ii) is not associated | 6 | | with the students' regular class-for-credit schedule shall | 7 | | transport students only in a school bus or vehicle described in | 8 | | subsection (b) of Section 1-182 of this Code. This subsection | 9 | | (b) does not apply to any second division vehicle used by an | 10 | | entity listed in subsection (a) of Section 1-182 of this Code | 11 | | for a parade, homecoming, or a similar noncurriculum-related | 12 | | school activity.
| 13 | | (Source: P.A. 99-888, eff. 1-1-17; 100-667, eff. 1-1-19 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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