Public Act 93-0408
HB1491 Enrolled LRB093 03493 LCB 03522 b
AN ACT concerning driver training.
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 Sections 6-401, 6-402, 6-408.5, 6-411, 6-413, 6-414,
and 6-415 as follows:
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver Training Schools-License Required.
No person, firm, association, partnership or corporation
shall operate a driver training school or engage in the
business of giving instruction for hire or for a fee in the
driving of motor vehicles or in the preparation of an
applicant for examination given by the Secretary of State for
a drivers license or permit, unless a license therefor has
been issued by the Secretary. No public schools or
educational institutions shall contract with entities engaged
in the business of giving instruction for hire or for a fee
in the driving of motor vehicles or in the preparation of an
applicant for examination given by the Secretary of State for
a driver's license or permit, unless a license therefor has
been issued by the Secretary.
This section shall not apply to public schools or to
educational institutions in which driving instruction is part
of the curriculum or to employers giving instruction to their
employees.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In
order to qualify for a license to operate a driver training
school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open
to the public which meets the requirements of Section
6-403 through 6-407;
(d) maintain bodily injury and property damage
liability insurance on motor vehicles while used in
driving instruction, insuring the liability of the
driving school, the driving instructors and any person
taking instruction in at least the following amounts:
$50,000 for bodily injury to or death of one person in
any one accident and, subject to said limit for one
person, $100,000 for bodily injury to or death of 2 or
more persons in any one accident and the amount of
$10,000 for damage to property of others in any one
accident. Evidence of such insurance coverage in the
form of a certificate from the insurance carrier shall be
filed with the Secretary of State, and such certificate
shall stipulate that the insurance shall not be cancelled
except upon 10 days prior written notice to the Secretary
of State. The decal showing evidence of insurance shall
be affixed to the windshield of the vehicle;
(e) provide a continuous surety company bond in the
principal sum of $20,000 $10,000 for the protection of
the contractual rights of students in such form as will
meet with the approval of the Secretary of State and
written by a company authorized to do business in this
State. However, the aggregate liability of the surety for
all breaches of the condition of the bond in no event
shall exceed the principal sum of $20,000 $10,000. The
surety on any such bond may cancel such bond on giving 30
days notice thereof in writing to the Secretary of State
and shall be relieved of liability for any breach of any
conditions of the bond which occurs after the effective
date of cancellation;
(f) have the equipment necessary to the giving of
proper instruction in the operation of motor vehicles;
(g) have and use a business telephone listing for
all business purposes; and
(h) pay to the Secretary of State an application
fee of $500 and $50 for each branch application; and
$250.
(i) authorize an investigation to include a
fingerprint based background check to determine if the
applicant has ever been convicted of a crime and if so,
the disposition of those convictions. The authorization
shall indicate the scope of the inquiry and the agencies
that may be contacted. Upon this authorization, the
Secretary of State may request and receive information
and assistance from any federal, State, or local
governmental agency as part of the authorized
investigation. Each applicant shall have his or her
fingerprints submitted to the Department of State Police
in the form and manner prescribed by the Department of
State Police. The fingerprints shall be checked against
the Department of State Police and Federal Bureau of
Investigation criminal history record information
databases. The Department of State Police shall charge a
fee for conducting the criminal history records check,
which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records
check. The applicant shall be required to pay all related
fingerprint fees 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. The
Department of State Police shall provide information
concerning any criminal convictions and disposition of
criminal convictions brought against the applicant upon
request of the Secretary of State provided that the
request is made in the form and manner required by the
Department of the State Police. Unless otherwise
prohibited by law, the information derived from the
investigation including the source of the information and
any conclusions or recommendations derived from the
information by the Secretary of State shall be provided
to the applicant, or his designee, upon request to the
Secretary of State, prior to any final action by the
Secretary of State on the application. Any criminal
convictions and disposition information obtained by the
Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State,
except as required herein, and may not be transmitted to
anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the applicant.
The information obtained from the investigation may be
maintained by the Secretary of State or any agency to
which the information was transmitted. Only information
and standards, which bear a reasonable and rational
relation to the performance of a driver training school
owner, shall be used by the Secretary of State. Any
employee of the Secretary of State who gives or causes to
be given away any confidential information concerning any
criminal charges or disposition of criminal charges of an
applicant shall be guilty of a Class A misdemeanor,
unless release of the information is authorized by this
Section.
No license shall be issued under this Section to a person
who is a spouse, offspring, sibling, parent, grandparent,
grandchild, uncle or aunt, nephew or niece, cousin, or in-law
of the person whose license to do business at that location
has been revoked or denied or to a person who was an officer
or employee of a business firm that has had its license
revoked or denied, unless the Secretary of State is satisfied
the application was submitted in good faith and not for the
purpose or effect of defeating the intent of this Code.
(Source: P.A. 87-829; 87-832; 87-895.)
(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school
dropouts; limitation.
(a) No driver training school or driving training
instructor licensed under this Act may request a certificate
of completion from the Secretary of State as provided in
Section 6-411 for any person who is enrolled as a student in
any public or non-public secondary school at the time such
instruction is to be provided, or who was so enrolled during
the semester last ended if that instruction is to be provided
between semesters or during the summer after the regular
school term ends, unless that student has received a passing
grade in at least 8 courses during the 2 semesters last
ending prior to requesting a certificate of completion from
the Secretary of State for the student.
(b) No driver training school or driving training
instructor licensed under this Act may request a certificate
of completion from the Secretary of State as provided in
Section 6-411 for any person who has dropped out of school
and has not yet attained the age of 18 years unless the
driver training school or driving training instructor has: 1)
obtained written documentation verifying the dropout's
enrollment in a GED or alternative education program or has
obtained a copy of the dropout's GED certificate; 2) obtained
verification that the student prior to dropping out had
received a passing grade in at least 8 courses during the 2
previous semesters last ending prior to requesting a
certificate of completion; or 3) obtained written consent
from the dropout's parents or guardians and the regional
superintendent.
(c) Students shall be informed of the eligibility
requirements of this Act in writing at the time of
registration.
(d) The superintendent of schools of the school district
in which the student resides and attends school or in which
the student resides at the time he or she drops out of school
(with respect to a public high school student or a dropout
from the public high school) or the chief school
administrator (with respect to a student who attends a
non-public high school or a dropout from a non-public high
school) may waive the requirements of this Section if the
superintendent or chief school administrator, as the case may
be, deems it to be in the best interests of the student or
dropout. Before requesting a certificate of completion from
the Secretary of State for any person who is enrolled as a
student in any public or non-public secondary school or who
was so enrolled in the semester last ending prior to the
request for a certificate of completion from the Secretary of
State or who is of high school age, the driver training
school shall determine from the school district in which that
person resides or resided at the time of dropping out of
school, or from the chief administrator of the non-public
high school attended or last attended by such person, as the
case may be, that such person is not ineligible to receive a
certificate of completion under this Section.
(e) By January 1, 1997, the Secretary of State, in
cooperation with the State Board of Education, shall
complete, and submit to the General Assembly, a report that
examines the impact of this Section and other changes made by
Public Act 88-188.
(Source: P.A. 88-188; 88-628, eff. 9-9-94.)
(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Training
Instructors. In order to qualify for a license as an
instructor for a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to include a fingerprint
based background check to determine if the applicant has ever
been convicted of a crime and if so, the disposition of those
convictions; this authorization shall indicate the scope of
the inquiry and the agencies which may be contacted. Upon
this authorization the Secretary of State may request and
receive information and assistance from any federal, state or
local governmental agency as part of the authorized
investigation. Each applicant shall have his or her
fingerprints submitted 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
Department of State Police and Federal Bureau of
Investigation criminal history record information databases.
The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The applicant
shall be required to pay all related fingerprint fees
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. The Department of State Police
shall provide information concerning any criminal
convictions, and their disposition, brought against the
applicant upon request of the Secretary of State when the
request is made in the form and manner required by the
Department of State Police. Unless otherwise prohibited by
law, the information derived from this investigation
including the source of this information, and any conclusions
or recommendations derived from this information by the
Secretary of State shall be provided to the applicant, or his
designee, upon request to the Secretary of State, prior to
any final action by the Secretary of State on the
application. No information obtained from such investigation
may be placed in any automated information system. Any
criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and
may not be transmitted outside the Office of the Secretary of
State, except as required herein, and may not be transmitted
to anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the applicant. The
information obtained from this investigation only physical
identity materials which the applicant can be required to
provide the Secretary of State are photographs or
fingerprints; these shall be returned to the applicant upon
request to the Secretary of State, after the investigation
has been completed and no copy of these materials may be
maintained kept by the Secretary of State or any agency to
which such information was identity materials were
transmitted. Only information and standards which bear a
reasonable and rational relation to the performance of a
driver training instructor shall be used by the Secretary of
State. Any employee of the Secretary of State who gives or
causes to be given away any confidential information
concerning any criminal charges and their disposition of an
applicant shall be guilty of a Class A misdemeanor unless
release of such information is authorized by this Section;
(c) Pass such examination as the Secretary of State
shall require on (1) traffic laws, (2) safe driving
practices, (3) operation of motor vehicles, and (4)
qualifications of teacher;
(d) Be physically able to operate safely a motor vehicle
and to train others in the operation of motor vehicles. An
instructors license application must be accompanied by a
medical examination report completed by a competent physician
licensed to practice in the State of Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after
at least 4 years of high school education or the equivalent;
and
(g) Pay to the Secretary of State an application and
license fee of $70 $35.
If a driver training school class room instructor teaches
an approved driver education course, as defined in Section
1-103 of this Code, to students under 18 years of age, he or
she shall furnish to the Secretary of State a certificate
issued by the State Board of Education that the said
instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local
public or parochial school systems, except that no State
Board of Education certification shall be required of any
instructor who teaches exclusively in a commercial driving
school. On and after July 1, 1986, the existing rules and
regulations of the State Board of Education concerning
commercial driving schools shall continue to remain in effect
but shall be administered by the Secretary of State until
such time as the Secretary of State shall amend or repeal the
rules in accordance with The Illinois Administrative
Procedure Act. Upon request, the Secretary of State shall
issue a certificate of completion to a student under 18 years
of age who has completed an approved driver education course
at a commercial driving school.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
Sec. 6-413. Expiration of Licenses. All outstanding
licenses issued to any driver training school or driver
training instructor under this Act shall expire by operation
of law 24 12 months from the date of issuance, unless sooner
cancelled, suspended or revoked under the provisions of
Section 6-420.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
Sec. 6-414. Renewal of Licenses. The license of each
driver training school may be renewed subject to the same
conditions as the original license, and upon the payment of a
an annual renewal license fee of $500 and $50 for each
renewal of a branch application $250.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
Sec. 6-415. Renewal Fee. The license of each driver
training instructor may be renewed subject to the same
conditions of the original license, and upon the payment of
annual renewal license fee of $70 $35.
(Source: P.A. 87-829; 87-832.)