Bill Text: IL SB3373 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Amends the Illinois Vehicle Code. Requires the Secretary of State and third party testers to provide written commercial driver's license tests in English, Spanish, Polish, and Mandarin.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3373 Detail]

Download: Illinois-2013-SB3373-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3373

Introduced 2/14/2014, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508

Amends the Illinois Vehicle Code. Requires the Secretary of State and third party testers to provide written commercial driver's license tests in English, Spanish, Polish, and Mandarin.
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A BILL FOR

SB3373LRB098 19564 MLW 54754 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-508 as follows:
6 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
7 (Text of Section before amendment by P.A. 98-176)
8 Sec. 6-508. Commercial Driver's License (CDL) -
9qualification standards.
10 (a) Testing.
11 (1) General. No person shall be issued an original or
12 renewal CDL unless that person is domiciled in this State.
13 The Secretary shall cause to be administered such tests as
14 the Secretary deems necessary to meet the requirements of
15 49 C.F.R. Part 383, subparts F, G, H, and J.
16 (2) Third party testing. The Secretary of State state
17 may authorize a "third party tester", pursuant to 49 C.F.R.
18 Part 383.75, to administer the skills test or tests
19 specified by the Federal Motor Carrier Safety
20 Administration pursuant to the Commercial Motor Vehicle
21 Safety Act of 1986 and any appropriate federal rule.
22 (b) Waiver of Skills Test. The Secretary of State may waive
23the skills test specified in this Section for a driver

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1applicant for a commercial driver license who meets the
2requirements of 49 C.F.R. Part 383.77 and Part 383.123. The
3Secretary of State shall waive the skills tests specified in
4this Section for a driver applicant who has military commercial
5motor vehicle experience, subject to the requirements of 49
6C.F.R. 383.77.
7 (b-1) No person shall be issued a commercial driver
8instruction permit or CDL unless the person certifies to the
9Secretary one of the following types of driving operations in
10which he or she will be engaged:
11 (1) non-excepted interstate;
12 (2) non-excepted intrastate;
13 (3) excepted interstate; or
14 (4) excepted intrastate.
15 (b-2) Persons who hold a commercial driver instruction
16permit or CDL on January 30, 2012 must certify to the Secretary
17no later than January 30, 2014 one of the following applicable
18self-certifications:
19 (1) non-excepted interstate;
20 (2) non-excepted intrastate;
21 (3) excepted interstate; or
22 (4) excepted intrastate.
23 (c) Limitations on issuance of a CDL. A CDL, or a
24commercial driver instruction permit, shall not be issued to a
25person while the person is subject to a disqualification from
26driving a commercial motor vehicle, or unless otherwise

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1permitted by this Code, while the person's driver's license is
2suspended, revoked or cancelled in any state, or any territory
3or province of Canada; nor may a CDL be issued to a person who
4has a CDL issued by any other state, or foreign jurisdiction,
5unless the person first surrenders all such licenses. No CDL
6shall be issued to or renewed for a person who does not meet
7the requirement of 49 CFR 391.41(b)(11). The requirement may be
8met with the aid of a hearing aid.
9 (c-1) The Secretary may issue a CDL with a school bus
10driver endorsement to allow a person to drive the type of bus
11described in subsection (d-5) of Section 6-104 of this Code.
12The CDL with a school bus driver endorsement may be issued only
13to a person meeting the following requirements:
14 (1) the person has submitted his or her fingerprints to
15 the Department of State Police in the form and manner
16 prescribed by the Department of State Police. These
17 fingerprints shall be checked against the fingerprint
18 records now and hereafter filed in the Department of State
19 Police and Federal Bureau of Investigation criminal
20 history records databases;
21 (2) the person has passed a written test, administered
22 by the Secretary of State, on charter bus operation,
23 charter bus safety, and certain special traffic laws
24 relating to school buses determined by the Secretary of
25 State to be relevant to charter buses, and submitted to a
26 review of the driver applicant's driving habits by the

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1 Secretary of State at the time the written test is given;
2 (3) the person has demonstrated physical fitness to
3 operate school buses by submitting the results of a medical
4 examination, including tests for drug use; and
5 (4) the person has not been convicted of committing or
6 attempting to commit any one or more of the following
7 offenses: (i) those offenses defined in Sections 8-1.2,
8 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
9 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
10 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
12 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
13 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
14 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
15 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
16 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
17 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
18 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
19 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
20 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
21 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
22 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
23 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
24 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
25 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
26 Section 12-3.05, and in subsection (a) and subsection (b),

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1 clause (1), of Section 12-4, and in subsection (A), clauses
2 (a) and (b), of Section 24-3, and those offenses contained
3 in Article 29D of the Criminal Code of 1961 or the Criminal
4 Code of 2012; (ii) those offenses defined in the Cannabis
5 Control Act except those offenses defined in subsections
6 (a) and (b) of Section 4, and subsection (a) of Section 5
7 of the Cannabis Control Act; (iii) those offenses defined
8 in the Illinois Controlled Substances Act; (iv) those
9 offenses defined in the Methamphetamine Control and
10 Community Protection Act; (v) any offense committed or
11 attempted in any other state or against the laws of the
12 United States, which if committed or attempted in this
13 State would be punishable as one or more of the foregoing
14 offenses; (vi) the offenses defined in Sections 4.1 and 5.1
15 of the Wrongs to Children Act or Section 11-9.1A of the
16 Criminal Code of 1961 or the Criminal Code of 2012; (vii)
17 those offenses defined in Section 6-16 of the Liquor
18 Control Act of 1934; and (viii) those offenses defined in
19 the Methamphetamine Precursor Control Act.
20 The Department of State Police shall charge a fee for
21conducting the criminal history records check, which shall be
22deposited into the State Police Services Fund and may not
23exceed the actual cost of the records check.
24 (c-2) The Secretary shall issue a CDL with a school bus
25endorsement to allow a person to drive a school bus as defined
26in this Section. The CDL shall be issued according to the

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1requirements outlined in 49 C.F.R. 383. A person may not
2operate a school bus as defined in this Section without a
3school bus endorsement. The Secretary of State may adopt rules
4consistent with Federal guidelines to implement this
5subsection (c-2).
6 (d) Commercial driver instruction permit. A commercial
7driver instruction permit may be issued to any person holding a
8valid Illinois driver's license if such person successfully
9passes such tests as the Secretary determines to be necessary.
10A commercial driver instruction permit shall not be issued to a
11person who does not meet the requirements of 49 CFR 391.41
12(b)(11), except for the renewal of a commercial driver
13instruction permit for a person who possesses a commercial
14instruction permit prior to the effective date of this
15amendatory Act of 1999.
16(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
1797-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
181-1-14; revised 9-19-13.)
19 (Text of Section after amendment by P.A. 98-176)
20 Sec. 6-508. Commercial Driver's License (CDL) -
21qualification standards.
22 (a) Testing.
23 (1) General. No person shall be issued an original or
24 renewal CDL unless that person is domiciled in this State
25 or is applying for a non-domiciled CDL under Sections 6-509

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1 and 6-510 of this Code. The Secretary shall cause to be
2 administered such tests as the Secretary deems necessary to
3 meet the requirements of 49 C.F.R. Part 383, subparts F, G,
4 H, and J. Written tests must be available in English,
5 Spanish, Polish, and Mandarin.
6 (1.5) Effective July 1, 2014, no person shall be issued
7 an original CDL or an upgraded CDL that requires a skills
8 test unless that person has held a CLP, for a minimum of 14
9 calendar days, for the classification of vehicle and
10 endorsement, if any, for which the person is seeking a CDL.
11 (2) Third party testing. The Secretary of State state
12 may authorize a "third party tester", pursuant to 49 C.F.R.
13 Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
14 administer the skills test or tests specified by the
15 Federal Motor Carrier Safety Administration pursuant to
16 the Commercial Motor Vehicle Safety Act of 1986 and any
17 appropriate federal rule, if that third party tester offers
18 written tests in English, Spanish, Polish, and Mandarin..
19 (b) Waiver of Skills Test. The Secretary of State may waive
20the skills test specified in this Section for a driver
21applicant for a commercial driver license who meets the
22requirements of 49 C.F.R. Part 383.77. The Secretary of State
23shall waive the skills tests specified in this Section for a
24driver applicant who has military commercial motor vehicle
25experience, subject to the requirements of 49 C.F.R. 383.77.
26 (b-1) No person shall be issued a CDL unless the person

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1certifies to the Secretary one of the following types of
2driving operations in which he or she will be engaged:
3 (1) non-excepted interstate;
4 (2) non-excepted intrastate;
5 (3) excepted interstate; or
6 (4) excepted intrastate.
7 (b-2) (Blank).
8 (c) Limitations on issuance of a CDL. A CDL shall not be
9issued to a person while the person is subject to a
10disqualification from driving a commercial motor vehicle, or
11unless otherwise permitted by this Code, while the person's
12driver's license is suspended, revoked or cancelled in any
13state, or any territory or province of Canada; nor may a CLP or
14CDL be issued to a person who has a CLP or CDL issued by any
15other state, or foreign jurisdiction, nor may a CDL be issued
16to a person who has an Illinois CLP unless the person first
17surrenders all of these licenses or permits. However, a person
18may hold an Illinois CLP and an Illinois CDL providing the CLP
19is necessary to train or practice for an endorsement or vehicle
20classification not present on the current CDL. No CDL shall be
21issued to or renewed for a person who does not meet the
22requirement of 49 CFR 391.41(b)(11). The requirement may be met
23with the aid of a hearing aid.
24 (c-1) The Secretary may issue a CDL with a school bus
25driver endorsement to allow a person to drive the type of bus
26described in subsection (d-5) of Section 6-104 of this Code.

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1The CDL with a school bus driver endorsement may be issued only
2to a person meeting the following requirements:
3 (1) the person has submitted his or her fingerprints to
4 the Department of State Police in the form and manner
5 prescribed by the Department of State Police. These
6 fingerprints shall be checked against the fingerprint
7 records now and hereafter filed in the Department of State
8 Police and Federal Bureau of Investigation criminal
9 history records databases;
10 (2) the person has passed a written test, administered
11 by the Secretary of State, on charter bus operation,
12 charter bus safety, and certain special traffic laws
13 relating to school buses determined by the Secretary of
14 State to be relevant to charter buses, and submitted to a
15 review of the driver applicant's driving habits by the
16 Secretary of State at the time the written test is given;
17 (3) the person has demonstrated physical fitness to
18 operate school buses by submitting the results of a medical
19 examination, including tests for drug use; and
20 (4) the person has not been convicted of committing or
21 attempting to commit any one or more of the following
22 offenses: (i) those offenses defined in Sections 8-1.2,
23 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
24 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
25 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
26 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

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1 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
2 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
3 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
4 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
5 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
6 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
7 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
8 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
9 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
10 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
11 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
12 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
13 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
14 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
15 Section 12-3.05, and in subsection (a) and subsection (b),
16 clause (1), of Section 12-4, and in subsection (A), clauses
17 (a) and (b), of Section 24-3, and those offenses contained
18 in Article 29D of the Criminal Code of 1961 or the Criminal
19 Code of 2012; (ii) those offenses defined in the Cannabis
20 Control Act except those offenses defined in subsections
21 (a) and (b) of Section 4, and subsection (a) of Section 5
22 of the Cannabis Control Act; (iii) those offenses defined
23 in the Illinois Controlled Substances Act; (iv) those
24 offenses defined in the Methamphetamine Control and
25 Community Protection Act; (v) any offense committed or
26 attempted in any other state or against the laws of the

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1 United States, which if committed or attempted in this
2 State would be punishable as one or more of the foregoing
3 offenses; (vi) the offenses defined in Sections 4.1 and 5.1
4 of the Wrongs to Children Act or Section 11-9.1A of the
5 Criminal Code of 1961 or the Criminal Code of 2012; (vii)
6 those offenses defined in Section 6-16 of the Liquor
7 Control Act of 1934; and (viii) those offenses defined in
8 the Methamphetamine Precursor Control Act.
9 The Department of State Police shall charge a fee for
10conducting the criminal history records check, which shall be
11deposited into the State Police Services Fund and may not
12exceed the actual cost of the records check.
13 (c-2) The Secretary shall issue a CDL with a school bus
14endorsement to allow a person to drive a school bus as defined
15in this Section. The CDL shall be issued according to the
16requirements outlined in 49 C.F.R. 383. A person may not
17operate a school bus as defined in this Section without a
18school bus endorsement. The Secretary of State may adopt rules
19consistent with Federal guidelines to implement this
20subsection (c-2).
21 (d) (Blank).
22(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
2397-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
241-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
25 Section 95. No acceleration or delay. Where this Act makes

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
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