Public Act 93-0644

SB150 Re-enrolled                    LRB093 06730 DRH 06864 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 THE  DEPARTMENT
    OF  STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE
    DEPARTMENT OF STATE POLICE.  THESE FINGERPRINTS SHALL  BE
    CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER
    FILED  IN  THE  DEPARTMENT  OF  STATE  POLICE AND FEDERAL
    BUREAU  OF   INVESTIGATION   CRIMINAL   HISTORY   RECORDS
    DATABASES.   THE  FINGERPRINT  CHECK  HAS  RESULTED  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 THE DEPARTMENT
    OF STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY  THE
    DEPARTMENT  OF STATE POLICE.  THESE FINGERPRINTS SHALL BE
    CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER
    FILED IN THE  DEPARTMENT  OF  STATE  POLICE  AND  FEDERAL
    BUREAU   OF   INVESTIGATION   CRIMINAL   HISTORY  RECORDS
    DATABASES.  THE  FINGERPRINT  CHECK  HAS  RESULTED  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 CDL and 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 in the
    form and manner prescribed by  the  Department  of  State
    Police.  These  fingerprints shall be checked against the
    fingerprint  records  now  and  hereafter  filed  in  the
    Department  of  State  Police  and  Federal   Bureau   of
    Investigation criminal history records databases;
         (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.
    The Department of State Police shall  charge  a  fee  for
conducting the criminal history records check, which shall be
deposited  into  the  State  Police Services Fund and may not
exceed the actual cost of the records check.
    (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.)