State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB0929

 
                                               LRB9207765DHmb

 1        AN ACT concerning medical examinations.

 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 changing
 5    Section 27-8.1 as follows:

 6        (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
 7        Sec. 27-8.1.  Health examinations and immunizations.
 8        (1)  In compliance with rules and regulations  which  the
 9    Department  of  Public Health shall promulgate, and except as
10    hereinafter provided, all children in Illinois shall  have  a
11    health  examination  as  follows:  within  one  year prior to
12    entering kindergarten or  the  first  grade  of  any  public,
13    private,  or  parochial  elementary school; upon entering the
14    fifth and ninth grades of any public, private,  or  parochial
15    school;  prior  to  entrance  into  any  public,  private, or
16    parochial  nursery  school;  and,  irrespective   of   grade,
17    immediately  prior  to  or  upon  entrance  into  any public,
18    private, or parochial school or nursery  school,  each  child
19    shall  present  proof  of  having been examined in accordance
20    with this Section and the rules and  regulations  promulgated
21    hereunder.
22        A tuberculosis skin test screening shall be included as a
23    required  part of each health examination included under this
24    Section if the child resides in an  area  designated  by  the
25    Department  of  Public  Health  as having a high incidence of
26    tuberculosis.   Additional  health  examinations  of  pupils,
27    including dental and vision  examinations,  may  be  required
28    when  deemed  necessary  by  school authorities.  Parents are
29    encouraged to have their children undergo dental examinations
30    at the same points in time required for health examinations.
31        (2)  The Department of  Public  Health  shall  promulgate
 
                            -2-                LRB9207765DHmb
 1    rules   and   regulations  specifying  the  examinations  and
 2    procedures that  constitute  a  health  examination  and  may
 3    recommend  by  rule  that  certain additional examinations be
 4    performed.  The rules and regulations of  the  Department  of
 5    Public  Health  shall  specify  that a tuberculosis skin test
 6    screening shall be included as a required part of each health
 7    examination included under this Section if the child  resides
 8    in  an  area designated by the Department of Public Health as
 9    having a high incidence of tuberculosis.
10        Physicians licensed to practice medicine in  all  of  its
11    branches,   advanced  practice  nurses  who  have  a  written
12    collaborative agreement with a collaborating physician  which
13    authorizes  them to perform health examinations, or physician
14    assistants who have been delegated the performance of  health
15    examinations   by   their   supervising  physician  shall  be
16    responsible for the performance of the  health  examinations,
17    other   than  dental  examinations  and  vision  and  hearing
18    screening, and  shall  sign  all  report  forms  required  by
19    subsection (4) of this Section that pertain to those portions
20    of   the  health  examination  for  which  the  physician  is
21    responsible.  If a registered nurse performs any  part  of  a
22    health  examination,  then  a  physician licensed to practice
23    medicine in all of its branches  must  review  and  sign  all
24    required  report  forms.  Licensed dentists shall perform all
25    dental examinations and shall sign all report forms  required
26    by  subsection (4) of this Section that pertain to the dental
27    examinations.  Physicians licensed to  practice  medicine  in
28    all its branches, or licensed optometrists, shall perform all
29    vision  exams  required  by school authorities and shall sign
30    all report forms required by subsection (4) of  this  Section
31    that   pertain  to  the  vision  exam.   Vision  and  hearing
32    screening tests, which shall not be  considered  examinations
33    as  that  term is used in this Section, shall be conducted in
34    accordance with rules and regulations of  the  Department  of
 
                            -3-                LRB9207765DHmb
 1    Public  Health,  and  by  individuals  whom the Department of
 2    Public Health has certified.
 3        (3)  Every child shall, at or about the same time  as  he
 4    or  she  receives a health examination required by subsection
 5    (1) of this Section, present to the  local  school  proof  of
 6    having   received   such  immunizations  against  preventable
 7    communicable diseases as  the  Department  of  Public  Health
 8    shall  require  by rules and regulations promulgated pursuant
 9    to this Section and the Communicable Disease Prevention Act.
10        (4)  The individuals conducting  the  health  examination
11    shall  record  the  fact of having conducted the examination,
12    and such additional information as required, on uniform forms
13    which the Department of Public Health and the State Board  of
14    Education  shall  prescribe  for statewide use.  The examiner
15    shall summarize on the report form any condition that  he  or
16    she  suspects  indicates  a  need  for special services.  The
17    individuals  confirming  the   administration   of   required
18    immunizations  shall record as indicated on the form that the
19    immunizations were administered.
20        (5)  If a child does  not  submit  proof  of  having  had
21    either   the   health  examination  or  the  immunization  as
22    required, then the child shall be  examined  or  receive  the
23    immunization,  as  the  case  may  be,  and  present proof by
24    October 15 of the current school year, or by an earlier  date
25    of  the current school year established by a school district.
26    To establish a date before October 15 of the  current  school
27    year  for the health examination or immunization as required,
28    a school district must give notice  of  the  requirements  of
29    this  Section  60 days prior to the earlier established date.
30    If  for  medical  reasons  one  or  more  of   the   required
31    immunizations  must  be given after October 15 of the current
32    school year, or after an  earlier  established  date  of  the
33    current school year, then the child shall present, by October
34    15,  or  by  the earlier established date, a schedule for the
 
                            -4-                LRB9207765DHmb
 1    administration of the immunizations and a  statement  of  the
 2    medical  reasons causing the delay, both the schedule and the
 3    statement being issued by the  physician,  advanced  practice
 4    nurse, physician assistant, registered nurse, or local health
 5    department that will be responsible for administration of the
 6    remaining required immunizations.  If a child does not comply
 7    by  October  15,  or  by  the earlier established date of the
 8    current  school  year,  with   the   requirements   of   this
 9    subsection,  then  the  local  school authority shall exclude
10    that child from school until such time as the child  presents
11    proof  of  having  had the health examination as required and
12    presents   proof   of   having   received   those    required
13    immunizations   which   are  medically  possible  to  receive
14    immediately.  During a  child's  exclusion  from  school  for
15    noncompliance  with  this  subsection, the child's parents or
16    legal guardian shall be considered in  violation  of  Section
17    26-1 and subject to any penalty imposed by Section 26-10.
18        (6)  Every  school  shall  report  to  the State Board of
19    Education by November 15, in the  manner  which  that  agency
20    shall  require,  the number of children who have received the
21    necessary  immunizations  and  the  health   examination   as
22    required,  indicating,  of  those  who  have not received the
23    immunizations and examination  as  required,  the  number  of
24    children   who   are   exempt  from  health  examination  and
25    immunization requirements on religious or medical grounds  as
26    provided  in subsection (8).  This reported information shall
27    be provided to the Department of Public Health by  the  State
28    Board of Education.
29        (7)  Upon  determining  that the number of pupils who are
30    required to be in compliance  with  subsection  (5)  of  this
31    Section  is below 90% of the number of pupils enrolled in the
32    school district, 10% of each State aid payment made  pursuant
33    to Section 18-8 to the school district for such year shall be
34    withheld  by  the regional superintendent until the number of
 
                            -5-                LRB9207765DHmb
 1    students in compliance with subsection (5) is the  applicable
 2    specified percentage or higher.
 3        (8)  Parents  or  legal  guardians  who  object to health
 4    examinations or any part thereof,  or  to  immunizations,  on
 5    religious  grounds  shall  not  be  required  to submit their
 6    children or wards to the  examinations  or  immunizations  to
 7    which  they  so  object  if  such  parents or legal guardians
 8    present to the appropriate local school  authority  a  signed
 9    statement   of  objection,  detailing  the  grounds  for  the
10    objection.  If the physical condition of the  child  is  such
11    that  any  one or more of the immunizing agents should not be
12    administered,  the  examining  physician,  advanced  practice
13    nurse, or physician assistant responsible for the performance
14    of the health examination shall endorse that  fact  upon  the
15    health  examination  form.  Exempting a child from the health
16    examination does not exempt the child from  participation  in
17    the  program  of  physical  education  training  provided  in
18    Sections 27-5 through 27-7 of this Code.
19        (9)  For  the purposes of this Section, "nursery schools"
20    means those nursery schools  operated  by  elementary  school
21    systems  or  secondary  level school units or institutions of
22    higher learning.
23    (Source: P.A. 91-357, eff. 7-29-99.)

24        Section 10.  The Illinois  Vehicle  Code  is  amended  by
25    changing Sections 6-106.1, 6-901, and 18b-105 as follows:

26        (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
27        Sec. 6-106.1.  School bus driver permit.
28        (a)  The  Secretary  of  State  shall  issue a school bus
29    driver permit to  those  applicants  who  have  met  all  the
30    requirements  of  the application and screening process under
31    this Section to insure the welfare and safety of children who
32    are transported on  school  buses  throughout  the  State  of
 
                            -6-                LRB9207765DHmb
 1    Illinois.   Applicants  shall  obtain  the proper application
 2    required by the Secretary of State from their prospective  or
 3    current  employer and submit the completed application to the
 4    prospective or current  employer  along  with  the  necessary
 5    fingerprint submission as required by the Department of State
 6    Police  to  conduct  fingerprint  based  criminal  background
 7    checks  on  current  and  future information available in the
 8    state system and current information  available  through  the
 9    Federal  Bureau  of  Investigation's  system.  Applicants who
10    have completed the fingerprinting requirements shall  not  be
11    subjected  to  the  fingerprinting  process when applying for
12    subsequent  permits  or  submitting   proof   of   successful
13    completion  of  the annual refresher course.  Individuals who
14    on the effective date of this Act possess a valid school  bus
15    driver   permit  that  has  been  previously  issued  by  the
16    appropriate Regional School Superintendent are not subject to
17    the fingerprinting provisions of this Section as long as  the
18    permit remains valid and does not lapse.  The applicant shall
19    be required to pay all related application and fingerprinting
20    fees  as  established  by rule including, but not limited to,
21    the amounts established by the Department of State Police and
22    the Federal Bureau of Investigation  to  process  fingerprint
23    based  criminal  background investigations. All fees paid for
24    fingerprint processing services under this Section  shall  be
25    deposited  into  the  State Police Services Fund for the cost
26    incurred  in  processing  the  fingerprint   based   criminal
27    background  investigations.   All  other fees paid under this
28    Section shall be deposited into the Road Fund for the purpose
29    of  defraying  the  costs  of  the  Secretary  of  State   in
30    administering this Section.  All applicants must:
31             1.  be 21 years of age or older;
32             2.  possess a valid and properly classified driver's
33        license issued by the Secretary of State;
34             3.  possess  a valid driver's license, which has not
 
                            -7-                LRB9207765DHmb
 1        been  revoked,  suspended,  or  canceled  for   3   years
 2        immediately prior to the date of application, or have not
 3        had   his   or   her  commercial  motor  vehicle  driving
 4        privileges disqualified within the  3  years  immediately
 5        prior to the date of application;
 6             4.  successfully  pass  a written test, administered
 7        by the Secretary  of  State,  on  school  bus  operation,
 8        school  bus  safety, and special traffic laws relating to
 9        school buses and submit to a review  of  the  applicant's
10        driving  habits by the Secretary of State at the time the
11        written test is given;
12             5.  demonstrate ability to exercise reasonable  care
13        in the operation of school buses in accordance with rules
14        promulgated by the Secretary of State;
15             6.  demonstrate  physical  fitness to operate school
16        buses by submitting the results of a medical examination,
17        including tests for  drug  use  for  each  applicant  not
18        subject   to   such  testing  pursuant  to  federal  law,
19        conducted by a licensed physician, an  advanced  practice
20        nurse  who  has  a written collaborative agreement with a
21        collaborating physician which authorizes him  or  her  to
22        perform  medical  examinations,  or a physician assistant
23        who  has  been  delegated  the  performance  of   medical
24        examinations  by  his or her supervising physician within
25        90 days of the date of application according to standards
26        promulgated by the Secretary of State;
27             7.  affirm under penalties of perjury that he or she
28        has not made a false statement or knowingly  concealed  a
29        material fact in any application for permit;
30             8.  have  completed  an  initial  classroom  course,
31        including  first  aid  procedures,  in  school bus driver
32        safety as promulgated by  the  Secretary  of  State;  and
33        after  satisfactory  completion of said initial course an
34        annual refresher course; such courses and the  agency  or
 
                            -8-                LRB9207765DHmb
 1        organization conducting such courses shall be approved by
 2        the  Secretary  of  State; failure to complete the annual
 3        refresher course, shall result  in  cancellation  of  the
 4        permit until such course is completed;
 5             9.  not  have  been  convicted  of 2 or more serious
 6        traffic offenses, as defined by  rule,  within  one  year
 7        prior  to  the  date of application that may endanger the
 8        life or safety of any of the driver's  passengers  within
 9        the duration of the permit period;
10             10.  not  have  been  convicted of reckless driving,
11        driving while intoxicated, or reckless homicide resulting
12        from the operation of a motor vehicle within 3  years  of
13        the date of application;
14             11.  not   have  been  convicted  of  committing  or
15        attempting to commit any one or  more  of  the  following
16        offenses:   (i)  those  offenses defined in Sections 9-1,
17        9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
18        10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
19        11-15.1, 11-16, 11-17, 11-18,  11-19,  11-19.1,  11-19.2,
20        11-20,  11-20.1,  11-21,  11-22,  12-3.1, 12-4.1, 12-4.2,
21        12-4.3, 12-4.4, 12-4.5,  12-6,  12-6.2,  12-7.1,  12-7.3,
22        12-7.4,  12-11,  12-13,  12-14,  12-14.1,  12-15,  12-16,
23        12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
24        18-5,  20-1,  20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
25        31A-1, 31A-1.1, and 33A-2,  and  in  subsection  (a)  and
26        subsection  (b),  clause  (1),  of  Section  12-4  of the
27        Criminal Code of 1961; (ii) those offenses defined in the
28        Cannabis Control Act except  those  offenses  defined  in
29        subsections  (a) and (b) of Section 4, and subsection (a)
30        of Section 5 of the Cannabis  Control  Act;  (iii)  those
31        offenses  defined  in  the Illinois Controlled Substances
32        Act; (iv) any offense committed or attempted in any other
33        state or against the laws of the United States, which  if
34        committed  or attempted in this State would be punishable
 
                            -9-                LRB9207765DHmb
 1        as one  or  more  of  the  foregoing  offenses;  (v)  the
 2        offenses  defined in Section 4.1 and 5.1 of the Wrongs to
 3        Children Act and (vi) those offenses defined  in  Section
 4        6-16 of the Liquor Control Act of 1934;
 5             12.  not  have  been repeatedly involved as a driver
 6        in motor vehicle collisions or been repeatedly  convicted
 7        of  offenses  against  laws and ordinances regulating the
 8        movement of traffic, to a degree which indicates lack  of
 9        ability  to  exercise ordinary and reasonable care in the
10        safe operation of a motor vehicle or disrespect  for  the
11        traffic  laws  and  the  safety of other persons upon the
12        highway;
13             13.  not have, through the unlawful operation  of  a
14        motor  vehicle, caused an accident resulting in the death
15        of any person; and
16             14.  not  have,  within  the  last  5  years,   been
17        adjudged  to  be  afflicted  with  or  suffering from any
18        mental disability or disease.
19        (b)  A school bus driver permit  shall  be  valid  for  a
20    period  specified  by  the Secretary of State as set forth by
21    rule.  It shall be renewable upon compliance with  subsection
22    (a) of this Section.
23        (c)  A   school  bus  driver  permit  shall  contain  the
24    holder's driver's license number, name,  address,  zip  code,
25    social security number and date of birth, a brief description
26    of  the  holder  and a space for signature.  The Secretary of
27    State may require a suitable photograph of the holder.
28        (d)  The employer shall be responsible for  conducting  a
29    pre-employment  interview  with prospective school bus driver
30    candidates, distributing school bus driver  applications  and
31    medical   forms   to  be  completed  by  the  applicant,  and
32    submitting  the  applicant's   fingerprint   cards   to   the
33    Department of State Police that are required for the criminal
34    background  investigations.   The  employer  shall certify in
 
                            -10-               LRB9207765DHmb
 1    writing to the Secretary of  State  that  all  pre-employment
 2    conditions  have  been  successfully  completed including the
 3    successful  completion  of  an  Illinois  specific   criminal
 4    background  investigation  through  the  Department  of State
 5    Police and the submission of necessary  fingerprints  to  the
 6    Federal   Bureau   of   Investigation  for  criminal  history
 7    information  available  through   the   Federal   Bureau   of
 8    Investigation   system.   The  applicant  shall  present  the
 9    certification to the  Secretary  of  State  at  the  time  of
10    submitting the school bus driver permit application.
11        (e)  Permits   shall   initially   be   provisional  upon
12    receiving  certification   from   the   employer   that   all
13    pre-employment  conditions  have been successfully completed,
14    and  upon  successful  completion   of   all   training   and
15    examination   requirements  for  the  classification  of  the
16    vehicle  to  be  operated,  the  Secretary  of  State   shall
17    provisionally  issue  a School Bus Driver Permit.  The permit
18    shall remain in a provisional status pending  the  completion
19    of  the Federal Bureau of Investigation's criminal background
20    investigation based upon fingerprinting  specimens  submitted
21    to  the  Federal Bureau of Investigation by the Department of
22    State Police.  The  Federal  Bureau  of  Investigation  shall
23    report  the findings directly to the Secretary of State.  The
24    Secretary of State shall remove the bus  driver  permit  from
25    provisional status upon the applicant's successful completion
26    of  the Federal Bureau of Investigation's criminal background
27    investigation.
28        (f)  A school bus driver permit holder shall  notify  the
29    employer and the Secretary of State if he or she is convicted
30    in  another  state  of  an offense that would make him or her
31    ineligible for a permit under subsection (a) of this Section.
32    The written notification shall be made within 5 days  of  the
33    entry  of  the  conviction.   Failure of the permit holder to
34    provide the notification is punishable as a petty offense for
 
                            -11-               LRB9207765DHmb
 1    a first violation and a Class B misdemeanor for a  second  or
 2    subsequent violation.
 3        (g)  Cancellation; suspension; notice and procedure.
 4             (1)  The  Secretary  of  State shall cancel a school
 5        bus  driver  permit  of  an  applicant   whose   criminal
 6        background  investigation discloses that he or she is not
 7        in compliance with the provisions of  subsection  (a)  of
 8        this Section.
 9             (2)  The  Secretary  of  State shall cancel a school
10        bus driver permit when he or she receives notice that the
11        permit holder fails to comply with any provision of  this
12        Section or any rule promulgated for the administration of
13        this Section.
14             (3)  The  Secretary  of  State shall cancel a school
15        bus driver  permit  if  the  permit  holder's  restricted
16        commercial or commercial driving privileges are withdrawn
17        or otherwise invalidated.
18             (4)  The  Secretary  of State may not issue a school
19        bus driver permit for a period of 3 years to an applicant
20        who fails to obtain a negative result on a drug  test  as
21        required  in  item 6 of subsection (a) of this Section or
22        under federal law.
23             (5)  The Secretary of State shall forthwith  suspend
24        a  school  bus driver permit for a period of 3 years upon
25        receiving notice that the holder has failed to  obtain  a
26        negative  result  on a drug test as required in item 6 of
27        subsection (a) of this Section or under federal law.
28        The  Secretary  of   State   shall   notify   the   State
29    Superintendent   of   Education   and   the  permit  holder's
30    prospective or current employer that the  applicant  has  (1)
31    has  failed  a criminal background investigation or (2) is no
32    longer eligible for a school bus driver permit;  and  of  the
33    related  cancellation  of  the applicant's provisional school
34    bus driver permit.  The cancellation shall remain  in  effect
 
                            -12-               LRB9207765DHmb
 1    pending  the  outcome  of a hearing pursuant to Section 2-118
 2    of this Code.  The scope of the hearing shall be  limited  to
 3    the  issuance  criteria  contained  in subsection (a) of this
 4    Section.  A petition requesting a hearing shall be  submitted
 5    to  the  Secretary  of State and shall contain the reason the
 6    individual feels he or she is entitled to a school bus driver
 7    permit.  The permit holder's employer shall notify in writing
 8    to the Secretary of State that the employer has certified the
 9    removal of the offending school bus driver from service prior
10    to the start of that school bus driver's next workshift.   An
11    employing  school  board  that  fails to remove the offending
12    school bus driver from service is subject  to  the  penalties
13    defined  in  Section 3-14.23 of the School Code. A school bus
14    contractor who  violates  a  provision  of  this  Section  is
15    subject to the penalties defined in Section 6-106.11.
16        All  valid  school  bus  driver permits issued under this
17    Section prior to January  1,  1995,  shall  remain  effective
18    until their expiration date unless otherwise invalidated.
19    (Source: P.A. 90-191, eff. 1-1-98; 91-500, eff. 8-13-99.)

20        (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
21        Sec.  6-901. Definitions Definition.  For the purposes of
22    this Article:
23        "Board"  means  the  Driver's  License  Medical  Advisory
24    Board.
25        "Medical  examiner"  or  "medical practitioner" means any
26    person licensed to practice medicine in all its  branches  in
27    the State of Illinois.
28    (Source: P.A. 90-89, eff. 1-1-98.)

29        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
30        Sec. 18b-105.  Rules and Regulations.
31        (a)  The Department  is  authorized  to  make  and  adopt
32    reasonable  rules  and regulations and orders consistent with
 
                            -13-               LRB9207765DHmb
 1    law necessary to carry out the provisions of this Chapter.
 2        (b)  The following parts of  Title  49  of  the  Code  of
 3    Federal  Regulations, as now in effect, are hereby adopted by
 4    reference as though they were set out in full:
 5        Part 385-Safety Fitness Procedures;
 6        Part  390-Federal  Motor  Carrier   Safety   Regulations:
 7    General;
 8        Part 391-Qualifications of Drivers;
 9        Part 392-Driving of Motor Vehicles;
10        Part   393-Parts   and  Accessories  Necessary  for  Safe
11    Operation;
12        Part 395-Hours of Service of Drivers; and
13        Part 396-Inspection, Repair and Maintenance.
14        (b-5) Individuals who meet the requirements set forth  in
15    the definition of "medical examiner" in Section 390.5 of Part
16    390 of Title 49 of the Code of Federal Regulations may act as
17    medical  examiners in accordance with Part 391 of Title 49 of
18    the Code of Federal Regulations.
19        (c)  The following parts  and  Sections  of  the  Federal
20    Motor  Carrier  Safety  Regulations  shall not apply to those
21    intrastate  carriers,  drivers   or   vehicles   subject   to
22    subsection (b).
23             (1)  Section  393.93  of Part 393 for those vehicles
24        manufactured before June 30, 1972.
25             (2)  Section 393.86 of Part 393 for  those  vehicles
26        which  are registered as farm trucks under subsection (c)
27        of Section 3-815 of The Illinois Vehicle Code.
28             (3)  (Blank).
29             (4)  (Blank).
30             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
31             (6)  All of Part 395 for all agricultural  movements
32        as defined in Chapter 1, between the period of February 1
33        through  November  30  each  year, and all farm to market
34        agricultural transportation as defined in Chapter  1  and
 
                            -14-               LRB9207765DHmb
 1        for  grain  hauling operations within a radius of 200 air
 2        miles of the normal work reporting location.
 3             (7)  Paragraphs (b)(3) (insulin dependent  diabetic)
 4        and  (b)(10) (minimum visual acuity) of Section 391.41 of
 5        part 391, but only for any driver who  immediately  prior
 6        to  July  29, 1986 was eligible and licensed to operate a
 7        motor vehicle subject to this Section and was engaged  in
 8        operating such vehicles, and who was disqualified on July
 9        29,  1986  by  the  adoption of Part 391 by reason of the
10        application of paragraphs (b)(3) and (b)(10)  of  Section
11        391.41  with  respect to a physical condition existing at
12        that time unless such driver has a  record  of  accidents
13        which would indicate a lack of ability to operate a motor
14        vehicle in a safe manner.
15        (d)  Intrastate   carriers   subject   to  the  recording
16    provisions of Section 395.8 of Part 395 of the Federal  Motor
17    Carrier  Safety  Regulations  shall  be exempt as established
18    under paragraph (1) of Section 395.8; provided, however,  for
19    the  purpose of this Code, drivers shall operate within a 150
20    air-mile radius of the  normal  work  reporting  location  to
21    qualify for exempt status.
22        (e)  Regulations  adopted by the Department subsequent to
23    those adopted under subsection (b) hereof shall be  identical
24    in  substance to the Federal Motor Carrier Safety Regulations
25    of the United States Department of Transportation and adopted
26    in accordance with the procedures for rulemaking  in  Section
27    5-35 of the Illinois Administrative Procedure Act.
28    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
29    90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)

30        (625 ILCS 5/1-142.1a rep.)
31        Section 15. The  Illinois  Vehicle  Code  is  amended  by
32    repealing Section 1-142.1a.
 
                            -15-               LRB9207765DHmb
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

[ Top ]