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| Public Act 096-1182 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-106.1 and 6-508 as follows: | ||||
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||||
Sec. 6-106.1. School bus driver permit.
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(a) The Secretary of State shall issue a school bus driver
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permit to those applicants who have met all the requirements of | ||||
the
application and screening process under this Section to | ||||
insure the
welfare and safety of children who are transported | ||||
on school buses
throughout the State of Illinois. Applicants | ||||
shall obtain the
proper application required by the Secretary | ||||
of State from their
prospective or current employer and submit | ||||
the completed
application to the prospective or current | ||||
employer along
with the necessary fingerprint submission as | ||||
required by the
Department of
State Police to conduct | ||||
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. Applicants who have completed the
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fingerprinting requirements shall not be subjected to the
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fingerprinting process when applying for subsequent permits or
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submitting proof of successful completion of the annual | ||
refresher
course. Individuals who on the effective date of this | ||
Act possess a valid
school bus driver permit that has been | ||
previously issued by the appropriate
Regional School | ||
Superintendent are not subject to the fingerprinting
| ||
provisions of this Section as long as the permit remains valid | ||
and does not
lapse. The applicant shall be required to pay all | ||
related
application and fingerprinting fees as established by | ||
rule
including, but not limited to, the amounts established by | ||
the Department of
State Police and the Federal Bureau of | ||
Investigation to process
fingerprint based criminal background | ||
investigations. All fees paid for
fingerprint processing | ||
services under this Section shall be deposited into the
State | ||
Police Services Fund for the cost incurred in processing the | ||
fingerprint
based criminal background investigations. All | ||
other fees paid under this
Section shall be deposited into the | ||
Road
Fund for the purpose of defraying the costs of the | ||
Secretary of State in
administering this Section. All | ||
applicants must:
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1. be 21 years of age or older;
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2. possess a valid and properly classified driver's | ||
license
issued by the Secretary of State;
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3. possess a valid driver's license, which has not been
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revoked, suspended, or canceled for 3 years immediately | ||
prior to
the date of application, or have not had his or | ||
her commercial motor vehicle
driving privileges
| ||
disqualified within the 3 years immediately prior to the | ||
date of application;
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4. successfully pass a written test, administered by | ||
the
Secretary of State, on school bus operation, school bus | ||
safety, and
special traffic laws relating to school buses | ||
and submit to a review
of the applicant's driving habits by | ||
the Secretary of State at the time the
written test is | ||
given;
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5. demonstrate ability to exercise reasonable care in | ||
the operation of
school buses in accordance with rules | ||
promulgated by the Secretary of State;
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6. demonstrate physical fitness to operate school | ||
buses by
submitting the results of a medical examination, | ||
including tests for drug
use for each applicant not subject | ||
to such testing pursuant to
federal law, conducted by a | ||
licensed physician, an advanced practice nurse
who has a | ||
written collaborative agreement with
a collaborating | ||
physician which authorizes him or her to perform medical
| ||
examinations, or a physician assistant who has been | ||
delegated the
performance of medical examinations by his or | ||
her supervising physician
within 90 days of the date
of | ||
application according to standards promulgated by the | ||
Secretary of State;
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7. affirm under penalties of perjury that he or she has | ||
not made a
false statement or knowingly concealed a | ||
material fact
in any application for permit;
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8. have completed an initial classroom course, | ||
including first aid
procedures, in school bus driver safety | ||
as promulgated by the Secretary of
State; and after | ||
satisfactory completion of said initial course an annual
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refresher course; such courses and the agency or | ||
organization conducting such
courses shall be approved by | ||
the Secretary of State; failure to
complete the annual | ||
refresher course, shall result in
cancellation of the | ||
permit until such course is completed;
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9. not have been convicted of 2 or more serious traffic | ||
offenses, as
defined by rule, within one year prior to the | ||
date of application that may
endanger the life or safety of | ||
any of the driver's passengers within the
duration of the | ||
permit period;
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10. not have been convicted of reckless driving, | ||
driving while
intoxicated, or reckless homicide resulting | ||
from the operation of a motor
vehicle within 3 years of the | ||
date of application;
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11. not have been convicted of committing or attempting
| ||
to commit any
one or more of the following offenses: (i) | ||
those offenses defined in
Sections 8-1.2, 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, | ||
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, | ||
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, | ||
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
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11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, | ||
11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,
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12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
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12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||
12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, | ||
18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, | ||
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, | ||
31A-1, 31A-1.1, and
33A-2, and 33D-1, and in subsection (b) | ||
of Section 8-1, and in subsection (a) and subsection (b), | ||
clause (1), of Section
12-4, and in subsection (A), clauses | ||
(a) and (b), of Section 24-3, and those offenses contained | ||
in Article 29D 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) those offenses defined in | ||
the Methamphetamine Control and Community Protection Act; | ||
(v) 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; (vi)
the offenses | ||
defined in Section 4.1 and 5.1 of the Wrongs to Children | ||
Act; and (vii) those offenses defined in Section 6-16 of | ||
the Liquor Control Act of
1934;
and (viii) those offenses | ||
defined in the Methamphetamine Precursor Control Act.
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12. not have been repeatedly involved as a driver in | ||
motor vehicle
collisions or been repeatedly convicted of | ||
offenses against
laws and ordinances regulating the | ||
movement of traffic, to a degree which
indicates lack of | ||
ability to exercise ordinary and reasonable care in the
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safe operation of a motor vehicle or disrespect for the | ||
traffic laws and
the safety of other persons upon the | ||
highway;
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13. not have, through the unlawful operation of a motor
| ||
vehicle, caused an accident resulting in the death of any | ||
person; and
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14. not have, within the last 5 years, been adjudged to | ||
be
afflicted with or suffering from any mental disability | ||
or disease.
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(b) A school bus driver permit shall be valid for a period | ||
specified by
the Secretary of State as set forth by rule. It | ||
shall be renewable upon compliance with subsection (a) of this
| ||
Section.
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(c) A school bus driver permit shall contain the holder's | ||
driver's
license number, legal name, residence address, zip | ||
code, social
security number and date
of birth, a brief | ||
description of the holder and a space for signature. The
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Secretary of State may require a suitable photograph of the | ||
holder.
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(d) The employer shall be responsible for conducting a | ||
pre-employment
interview with prospective school bus driver | ||
candidates, distributing school
bus driver applications and | ||
medical forms to be completed by the applicant, and
submitting | ||
the applicant's fingerprint cards to the Department of State | ||
Police
that are required for the criminal background | ||
investigations. The employer
shall certify in writing to the | ||
Secretary of State that all pre-employment
conditions have been | ||
successfully completed including the successful completion
of | ||
an Illinois specific criminal background investigation through | ||
the
Department of State Police and the submission of necessary
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fingerprints to the Federal Bureau of Investigation for | ||
criminal
history information available through the Federal | ||
Bureau of
Investigation system. The applicant shall present the
| ||
certification to the Secretary of State at the time of | ||
submitting
the school bus driver permit application.
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(e) Permits shall initially be provisional upon receiving
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certification from the employer that all pre-employment | ||
conditions
have been successfully completed, and upon | ||
successful completion of
all training and examination | ||
requirements for the classification of
the vehicle to be | ||
operated, the Secretary of State shall
provisionally issue a | ||
School Bus Driver Permit. The permit shall
remain in a | ||
provisional status pending the completion of the
Federal Bureau | ||
of Investigation's criminal background investigation based
| ||
upon fingerprinting specimens submitted to the Federal Bureau | ||
of
Investigation by the Department of State Police. The Federal | ||
Bureau of
Investigation shall report the findings directly to | ||
the Secretary
of State. The Secretary of State shall remove the | ||
bus driver
permit from provisional status upon the applicant's | ||
successful
completion of the Federal Bureau of Investigation's | ||
criminal
background investigation.
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(f) A school bus driver permit holder shall notify the
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employer and the Secretary of State if he or she is convicted | ||
in
another state of an offense that would make him or her | ||
ineligible
for a permit under subsection (a) of this Section. | ||
The
written notification shall be made within 5 days of the | ||
entry of
the conviction. Failure of the permit holder to | ||
provide the
notification is punishable as a petty
offense for a | ||
first violation and a Class B misdemeanor for a
second or | ||
subsequent violation.
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(g) Cancellation; suspension; notice and procedure.
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(1) The Secretary of State shall cancel a school bus
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driver permit of an applicant whose criminal background | ||
investigation
discloses that he or she is not in compliance | ||
with the provisions of subsection
(a) of this Section.
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(2) The Secretary of State shall cancel a school
bus | ||
driver permit when he or she receives notice that the | ||
permit holder fails
to comply with any provision of this | ||
Section or any rule promulgated for the
administration of | ||
this Section.
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(3) The Secretary of State shall cancel a school bus
| ||
driver permit if the permit holder's restricted commercial | ||
or
commercial driving privileges are withdrawn or | ||
otherwise
invalidated.
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(4) The Secretary of State may not issue a school bus
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driver permit for a period of 3 years to an applicant who | ||
fails to
obtain a negative result on a drug test as | ||
required in item 6 of
subsection (a) of this Section or | ||
under federal law.
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(5) The Secretary of State shall forthwith suspend
a | ||
school bus driver permit for a period of 3 years upon | ||
receiving
notice that the holder has failed to obtain a | ||
negative result on a
drug test as required in item 6 of | ||
subsection (a) of this Section
or under federal law.
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(6) The Secretary of State shall suspend a school bus | ||
driver permit for a period of 3 years upon receiving notice | ||
from the employer that the holder failed to perform the | ||
inspection procedure set forth in subsection (a) or (b) of | ||
Section 12-816 of this Code. | ||
The Secretary of State shall notify the State | ||
Superintendent
of Education and the permit holder's | ||
prospective or current
employer that the applicant has (1) has | ||
failed a criminal
background investigation or (2) is no
longer | ||
eligible for a school bus driver permit; and of the related
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cancellation of the applicant's provisional school bus driver | ||
permit. The
cancellation shall remain in effect pending the | ||
outcome of a
hearing pursuant to Section 2-118 of this Code. | ||
The scope of the
hearing shall be limited to the issuance | ||
criteria contained in
subsection (a) of this Section. A | ||
petition requesting a
hearing shall be submitted to the | ||
Secretary of State and shall
contain the reason the individual | ||
feels he or she is entitled to a
school bus driver permit. The | ||
permit holder's
employer shall notify in writing to the | ||
Secretary of State
that the employer has certified the removal | ||
of the offending school
bus driver from service prior to the | ||
start of that school bus
driver's next workshift. An employing | ||
school board that fails to
remove the offending school bus | ||
driver from service is
subject to the penalties defined in | ||
Section 3-14.23 of the School Code. A
school bus
contractor who | ||
violates a provision of this Section is
subject to the | ||
penalties defined in Section 6-106.11.
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All valid school bus driver permits issued under this | ||
Section
prior to January 1, 1995, shall remain effective until | ||
their
expiration date unless otherwise invalidated.
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(h) When a school bus driver permit holder who is a service | ||
member is called to active duty, the employer of the permit | ||
holder shall notify the Secretary of State, within 30 days of | ||
notification from the permit holder, that the permit holder has | ||
been called to active duty. Upon notification pursuant to this | ||
subsection, (i) the Secretary of State shall characterize the | ||
permit as inactive until a permit holder renews the permit as | ||
provided in subsection (i) of this Section, and (ii) if a | ||
permit holder fails to comply with the requirements of this | ||
Section while called to active duty, the Secretary of State | ||
shall not characterize the permit as invalid. | ||
(i) A school bus driver permit holder who is a service | ||
member returning from active duty must, within 90 days, renew a | ||
permit characterized as inactive pursuant to subsection (h) of | ||
this Section by complying with the renewal requirements of | ||
subsection (b) of this Section. | ||
(j) For purposes of subsections (h) and (i) of this | ||
Section: | ||
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Service member" means a member of the Armed Services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard. | ||
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||
revised 12-1-09.)
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(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
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Sec. 6-508. Commercial Driver's License (CDL) - | ||
qualification standards.
| ||
(a) Testing.
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(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 F, G, H, and J.
| ||
(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 Motor Carrier Safety
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 driver | ||
applicant for a commercial driver license
who meets the | ||
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| ||
(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 driver 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 8-1.2, | ||
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, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, | ||
11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, | ||
11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, | ||
11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, | ||
11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, | ||
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, | ||
12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | ||
12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
| ||
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, | ||
24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, | ||
24-3.3, 24-3.5, 31A-1, 31A-1.1, and
33A-2, and 33D-1, and | ||
in subsection (b) of Section 8-1, and in subsection (a) and | ||
subsection (b), clause (1), of Section
12-4, and in | ||
subsection (A), clauses (a) and (b), of Section 24-3, and | ||
those offenses contained in Article 29D 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) those | ||
offenses defined in the Methamphetamine Control and | ||
Community Protection Act; (v) 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; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||
of the Wrongs to Children Act; and (vii) those offenses | ||
defined in Section 6-16 of the Liquor Control Act of
1934; | ||
and (viii) those offenses defined in the Methamphetamine | ||
Precursor Control Act.
| ||
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.
| ||
(c-2) The Secretary shall issue a CDL with a school bus | ||
endorsement to allow a person to drive a school bus as defined | ||
in this Section. The CDL shall be issued according to the | ||
requirements outlined in 49 C.F.R. 383. A person may not | ||
operate a school bus as defined in this Section without a | ||
school bus endorsement. The Secretary of State may adopt rules | ||
consistent with Federal guidelines to implement this | ||
subsection (c-2).
| ||
(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. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||
95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||