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

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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

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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
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 6-508 as follows:
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
(Text of Section before amendment by P.A. 98-176)
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 F, G, H, and J.
(2) Third party testing. The Secretary of State 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 the 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

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applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123. The
Secretary of State shall waive the skills tests specified in
this Section for a driver applicant who has military commercial
motor vehicle experience, subject to the requirements of 49
C.F.R. 383.77.
(b-1) No person shall be issued a commercial driver
instruction permit or CDL unless the person certifies to the
Secretary one of the following types of driving operations in
which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) Persons who hold a commercial driver instruction
permit or CDL on January 30, 2012 must certify to the Secretary
no later than January 30, 2014 one of the following applicable
self-certifications:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(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

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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

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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, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 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,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 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,
12-5.01, 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, 12C-5, 12C-10, 12C-20, 12C-30,
12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
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, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
Section 12-3.05, and in subsection (a) and subsection (b),

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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 or the Criminal
Code of 2012; (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 or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (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

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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. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
1-1-14; revised 9-19-13.)
(Text of Section after amendment by P.A. 98-176)
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
or is applying for a non-domiciled CDL under Sections 6-509

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and 6-510 of this Code. 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. Written tests must be available in English,
Spanish, Polish, and Mandarin.
(1.5) Effective July 1, 2014, no person shall be issued
an original CDL or an upgraded CDL that requires a skills
test unless that person has held a CLP, for a minimum of 14
calendar days, for the classification of vehicle and
endorsement, if any, for which the person is seeking a CDL.
(2) Third party testing. The Secretary of State state
may authorize a "third party tester", pursuant to 49 C.F.R.
Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
administer the skills test or tests specified by the
Federal Motor Carrier Safety Administration pursuant to
the Commercial Motor Vehicle Safety Act of 1986 and any
appropriate federal rule, if that third party tester offers
written tests in English, Spanish, Polish, and Mandarin..
(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. The Secretary of State
shall waive the skills tests specified in this Section for a
driver applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 C.F.R. 383.77.
(b-1) No person shall be issued a CDL unless the person

SB3373 - 8 - LRB098 19564 MLW 54754 b
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL 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 CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or vehicle
classification not present on the current CDL. 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.

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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, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

SB3373 - 10 - LRB098 19564 MLW 54754 b
11-14.4, 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,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 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,
12-5.01, 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, 12C-5, 12C-10, 12C-20, 12C-30,
12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
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, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
Section 12-3.05, 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 or the Criminal
Code of 2012; (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

SB3373 - 11 - LRB098 19564 MLW 54754 b
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 or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (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) (Blank).
(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
1-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
Section 95. No acceleration or delay. Where this Act makes

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