Public Act 93-0476

HB2840 Enrolled                      LRB093 06624 DRH 11730 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The School Code is amended by adding Section
10-20.21a as follows:

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

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

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

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