Public Act 096-0962
 		





HB4820 Enrolled
LRB096 17402 AJT 32755 b





  
    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 
Sections 6-103, 6-106.1, and 6-202 and the heading of Article 
IV  Ch. 6 and Sections 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, 
6-407, 6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, 
6-414, 6-415, 6-416, 6-417, 6-419, 6-420, 6-422, 6-901, and 
11-1301.3 as follows:
 



    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)



    Sec. 6-103. What persons shall not be licensed as drivers 
or granted
permits.  The Secretary of State shall not issue, 
renew, or
allow the retention of any driver's
license nor issue 
any permit under this Code:


        1. To any person, as a driver, who is under the age of 
    18 years except
as provided in Section 6-107, and except 
    that an instruction permit may be
issued under Section 
    6-107.1 to a child who
is not less than 15 years of age if 
    the child is enrolled in an approved
driver education 
    course as defined in Section 1-103 of this Code and

    requires an instruction permit to participate therein, 
    except that an
instruction permit may be issued under the 
    provisions of Section 6-107.1
to a child who is 17 years 
    and 3 months of age without the child having
enrolled in an

    approved driver education course and except that an

    instruction permit may be issued to a child who is at least 
    15 years and 3
months of age, is enrolled in school, meets 
    the educational requirements of
the Driver Education Act, 
    and has passed examinations the Secretary of State in
his 
    or her discretion may prescribe;


        2. To any person who is under the age of 18 as an 
    operator of a motorcycle
other than a motor driven cycle 
    unless the person has, in addition to
meeting the 
    provisions of Section 6-107 of this Code, successfully

    completed a motorcycle
training course approved by the 
    Illinois Department of Transportation and
successfully 
    completes the required Secretary of State's motorcycle 
    driver's
examination;


        3. To any person, as a driver, whose driver's license 
    or permit has been
suspended, during the suspension, nor to 
    any person whose driver's license or
permit has been 
    revoked, except as provided in Sections 6-205, 6-206, and

    6-208;


        4. To any person, as a driver, who is a user of alcohol 
    or any other
drug to a degree that renders the person 
    incapable of safely driving a motor
vehicle;


        5. To any person, as a driver, who has previously been 
    adjudged to be
afflicted with or suffering from any mental 
    or physical disability or disease
and who has not at the 
    time of application been restored to competency by the

    methods provided by law;


        6. To any person, as a driver, who is required by the 
    Secretary of State
to submit an alcohol and drug evaluation 
    or take an examination provided
for in this Code unless the 
    person has
successfully passed the examination and 
    submitted any required evaluation;


        7. To any person who is required under the provisions 
    of the laws of
this State to deposit security or proof of 
    financial responsibility and who
has not deposited the 
    security or proof;


        8. To any person when the Secretary of State has good 
    cause to believe
that the person by reason of physical or 
    mental disability would not be
able to safely operate a 
    motor vehicle upon the highways, unless the
person shall 
    furnish to the Secretary of State a verified written

    statement, acceptable to the Secretary of State, from a 
    competent medical
specialist to the effect that the 
    operation of a motor vehicle by the
person would not be 
    inimical to the public safety;


        9. To any person, as a driver, who is 69 years of age 
    or older, unless
the person has successfully complied with 
    the provisions of Section 6-109;


        10. To any person convicted, within 12 months of 
    application for a
license, of any of the sexual offenses 
    enumerated in paragraph 2 of subsection
(b) of Section 
    6-205;


        11. To any person who is under the age of 21 years with 
    a classification
prohibited in paragraph (b) of Section 
    6-104 and to any person who is under
the age of 18 years 
    with a classification prohibited in paragraph (c) of

    Section 6-104;


        12. To any person who has been either convicted of or 
    adjudicated under
the Juvenile Court Act of 1987 based upon 
    a violation of the Cannabis Control
Act, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection Act while that person was in 
    actual
physical control of a motor vehicle.  For purposes of 
    this Section, any person
placed on probation under Section 
    10 of the Cannabis Control Act, Section 410
of the Illinois 
    Controlled Substances Act, or Section 70 of the 
    Methamphetamine Control and Community Protection Act shall 
    not be considered convicted.
Any person found guilty of 
    this offense, while in actual physical control of a
motor 
    vehicle, shall have an entry made in the court record by 
    the judge that
this offense did occur while the person was 
    in actual physical control of a
motor vehicle and order the 
    clerk of the court to report the violation to the
Secretary 
    of State as such.  The Secretary of State shall not issue a 
    new
license or permit for a period of one year;


        13. To any person who is under the age of 18 years and 
    who has committed
the offense
of operating a motor vehicle 
    without a valid license or permit in violation of
Section 
    6-101 or a similar out of state offense;


        14. To any person who is
90 days or more
delinquent in 
    court ordered child support
payments or has been 
    adjudicated in arrears
in an amount equal to 90 days' 
    obligation or more
and who has been found in contempt
of

    court for failure to pay the support, subject to the 
    requirements and
procedures of Article VII of Chapter 7 of

    the Illinois Vehicle Code;


        14.5.  To any person certified by the Illinois 
    Department of Healthcare and Family Services as being 90 
    days or more delinquent in payment of support under an 
    order of support entered by a court or administrative body 
    of this or any other State, subject to the requirements and 
    procedures of Article VII of Chapter 7 of this Code 
    regarding those certifications;


        15. To any person released from a term of imprisonment 
    for violating
Section 9-3 of the Criminal Code of 1961 or a 
    similar provision of a law of another state relating to 
    reckless homicide or for violating subparagraph (F) of 
    paragraph (1) of subsection (d) of Section 11-501 of this 
    Code relating to aggravated driving under the influence of 
    alcohol, other drug or drugs, intoxicating compound or 
    compounds, or any combination thereof, if the violation was 
    the proximate cause of a death, within
24 months of release 
    from a term of imprisonment;

        16. To any person who, with intent to influence any act 
    related to the issuance of any driver's license or permit, 
    by an employee of the Secretary of State's Office, or the 
    owner or employee of any commercial driver exam training 
    school licensed by the Secretary of State, or any other 
    individual authorized by the laws of this State to give 
    driving instructions or administer all or part of a 
    driver's license examination, promises or tenders to that 
    person any property or personal advantage which that person 
    is not authorized by law to accept.  Any persons promising 
    or tendering such property or personal advantage shall be 
    disqualified from holding any class of driver's license or 
    permit for 120 consecutive days.  The Secretary of State 
    shall establish by rule the procedures for implementing 
    this period of disqualification and the procedures by which 
    persons so disqualified may obtain administrative review 
    of the decision to disqualify;

        17.  To any person for whom the Secretary of State 
    cannot verify the
accuracy of any information or 
    documentation submitted in application for a
driver's 
    license; or

        18. To any person who has been adjudicated under the 
    Juvenile Court Act of 1987 based upon an offense that is 
    determined by the court to have been committed in 
    furtherance of the criminal activities of an organized 
    gang, as provided in Section 5-710 of that Act, and that 
    involved the operation or use of a motor vehicle or the use 
    of a driver's license or permit. The person shall be denied 
    a license or permit for the period determined by the court.

    The Secretary of State shall retain all conviction

information, if the information is required to be held 
confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685, 
eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09; 
96-740, eff. 1-1-10; revised 9-15-09.)
 
    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
    Sec. 6-106.1. School bus driver permit.

    (a) The Secretary of State shall issue a school bus driver

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

fingerprinting requirements shall not be subjected to the

fingerprinting process when applying for subsequent permits or

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:


        1. be 21 years of age or older;


        2. possess a valid and properly classified driver's 
    license
issued by the Secretary of State;


        3. possess a valid driver's license, which has not been

    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;


        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;


        5. demonstrate ability to exercise reasonable care in 
    the operation of
school buses in accordance with rules 
    promulgated by the Secretary of State;


        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;


        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;


        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

    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;


        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;


        10. not have been convicted of reckless driving, 
    aggravated reckless driving, driving while
under the 
    influence of alcohol, other drug or drugs, intoxicating 
    compound or compounds or any combination thereof 
    intoxicated, or reckless homicide resulting from the 
    operation of a motor
vehicle within 3 years of the date of 
    application;


        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 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) 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;


        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

    safe operation of a motor vehicle or disrespect for the 
    traffic laws and
the safety of other persons upon the 
    highway;


        13. not have, through the unlawful operation of a motor

    vehicle, caused an accident resulting in the death of any 
    person; and


        14. not have, within the last 5 years, been adjudged to 
    be
afflicted with or suffering from any mental disability 
    or disease.


    (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.


    (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

Secretary of State may require a suitable photograph of the 
holder.


    (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

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.


    (e) Permits shall initially be provisional upon receiving

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.


    (f) A school bus driver permit holder shall notify the

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.


    (g) Cancellation; suspension; notice and procedure.


        (1) The Secretary of State shall cancel a school bus

    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.


        (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.


        (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.


        (4) The Secretary of State may not issue a school bus

    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.


        (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.


        (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

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.


    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.


    (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.)

 



    (625 ILCS 5/6-202)  (from Ch. 95 1/2, par. 6-202)



    Sec. 6-202. 
Non-residents and Unlicensed 
Persons-Revocation and Suspension-Reporting
Convictions.

    (a) The privilege of driving a motor vehicle on highways of 
this State
given to a nonresident hereunder and the privilege 
which an unlicensed
person might have to obtain a license under 
this Act shall be subject to
suspension or revocation by the 
Secretary of State in like manner and for
like cause as a 
drivers license issued hereunder may be suspended or
revoked.

    (b) The Secretary of State is authorized, upon receiving a 
report of the
conviction in this State of a nonresident driver 
of a motor vehicle of any
offense under the laws of this State 
relating to operation, custody or
ownership of motor vehicles, 
to forward a copy or abstract of such report
to the motor 
vehicle administrator of the State wherein the person so

convicted is a resident.

    (c) (Blank.) When a nonresident's operating privilege is 
suspended or revoked,
the Secretary of State shall forward a 
certified copy of the record of such
action to the motor 
vehicle administrator in the State where such person
resides.

    (d) This section is subject to the provisions of the Driver 
License
Compact.

(Source: P.A. 76-1752.)

 
    (625 ILCS 5/Ch. 6 Art. IV heading)
ARTICLE IV.  COMMERCIAL DRIVER  EXAM  TRAINING SCHOOLS



(Source: P.A. 96-740, eff. 1-1-10.)
 



    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)



    Sec. 6-401. Driver exam training schools for preparation 
for examination given by Secretary of State-license required. 
No person, firm,
association, partnership or corporation shall 
operate a
driver exam training school or engage in the business 
of giving instruction for
hire or for a fee in the driving of 
motor vehicles for 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 for 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 (i) public schools or to 
educational
institutions in which driving instruction is part 
of the curriculum, (ii)
employers giving instruction to their 
employees, or (iii) schools that teach enhanced driving skills 
to licensed drivers as set forth in Article X of Chapter 6 of 
this Code.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)



    Sec. 6-402. Qualifications of driver exam training 
schools. In order to
qualify for a license to operate a driver 
exam 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 
    exam 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 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. 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;


        (h) pay to the Secretary of State an application fee of

    $500 and $50 for each branch application; and


        (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 exam 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. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-403)  (from Ch. 95 1/2, par. 6-403)



    Sec. 6-403. Established Place of Business. The established 
place of business of each driver exam training school must be

owned or leased by the driver exam training school and 
regularly occupied and
primarily used by that driver exam 
training school for the business of selling
and giving driving 
instructions for hire or for a fee, and the business of

preparing members of the public for examination given by the 
Secretary of
State for a drivers license.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-404)  (from Ch. 95 1/2, par. 6-404)



    Sec. 6-404. Location of Schools. The established place of 
business of each driver exam training school must be
located in 
a district which is zoned for business or commercial purposes.

The driver exam training school office must have a permanent 
sign clearly
readable from the street, from a distance of no 
less than 100 feet, with
the name of the driving exam school 
upon it.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-405)  (from Ch. 95 1/2, par. 6-405)



    Sec. 6-405. Restrictions of Locations. The established 
place of business, or branch office, branch class room
or 
advertised address of any driver exam training school shall not 
consist of or
include a house trailer, residence, tent, 
temporary stand, temporary
address, office space, a room or 
rooms in a hotel, rooming house or
apartment house, or premises 
occupied by a single or multiple unit dwelling
house or 
telephone answering service.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-406)  (from Ch. 95 1/2, par. 6-406)



    Sec. 6-406. Required Facilities. 

    (a) The established place of business of each driver exam 
training school
must consist of at least the following 
permanent facilities:

        (1) An office facility;

        (2) A class room facility.

    (b) The main class room facility of each driver exam 
training school must be
reasonably accessible to the main 
office facility of the driver exam training
school.

    (c) All class room facilities must have adequate lighting, 
heating,
ventilation, and must comply with all state, and local 
laws relating to
public health, safety and sanitation.

    (d) The main office facility and branch office facility of 
each driver exam
training school must contain sufficient space, 
equipment, records and
personnel to carry on the business of 
the driver exam training school. The main
office facility must 
be specifically devoted to driver exam training school

business.

    (e) A driver exam training school which as an established 
place of business
and a main office facility, may operate a 
branch office or a branch class
room provided that all the 
requirements for the main office or main class
room are met and 
that such branch office bears the same name and is
operated as 
a part of the same business entity as the main office facility.

    (f) No driver exam training school may share any main or 
branch facility or
facilities with any other driver exam 
training school.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-407)  (from Ch. 95 1/2, par. 6-407)



    Sec. 6-407. Locations and State Facilities. No office or 
place of business of a driver exam training school shall be

established within 1,500 feet of any building used as an office 
by any
department of the Secretary of State having to do with 
the administration
of any laws relating to motor vehicles, nor 
may any driving school solicit
or advertise for business within 
1,500 feet of any building used as an
office by the Secretary 
of State having to do with the administration of
any laws 
relating to motor vehicles.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-408)  (from Ch. 95 1/2, par. 6-408)



    Sec. 6-408. Records. All driver exam training schools 
licensed by the Secretary of State must
maintain a permanent 
record of instructions given to each student. The
record must 
contain the name of the school and the name of the student, the

number of all licenses or permits held by the student, the type 
and date of
instruction given, whether class room or behind the 
wheel, and the
signature of the instructor.

    All permanent student instruction records must be kept on 
file in the
main office of each driver exam training school for 
a period of 3 calendar years
after the student has ceased 
taking instruction at or with the school.

    The records should show the fees and charges of the school 
and also the
record should show the course content and 
instructions given to each
student.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-408.5)



    Sec. 6-408.5. Courses for students or high school dropouts; 
limitation. 

    (a) No driver exam training school
or driving exam 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 exam training school or driving exam 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 exam 
training school or
driving exam 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
exam 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.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-409)  (from Ch. 95 1/2, par. 6-409)



    Sec. 6-409. Display of License. Each driver exam training 
school must display at a prominent place in its
main office all 
of the following:

    (a) The State license issued to the school;

    (b) The names and addresses and State instructors licenses 
of all
instructors employed by the school;

    (c) The address of all branch offices and branch class 
rooms.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-410)  (from Ch. 95 1/2, par. 6-410)



    Sec. 6-410. Vehicle inspections. The Department of 
Transportation shall
provide for the inspection of all motor 
vehicles used for driver exam training,
and shall issue a 
safety inspection sticker provided:

    (a) The motor vehicle has been inspected by the Department 
and found to
be in safe mechanical condition;

    (b) The motor vehicle is equipped with dual control brakes 
and a
mirror on each side of the motor vehicle so located as to 
reflect to the
driver a view of the highway for a distance of 
at least 200 feet to the
rear of such motor vehicle; and

    (c) The motor vehicle is equipped with a sign or signs 
visible from the
front and the rear in letters no less than 2 
inches tall, listing the full
name of the driver exam training 
school which has registered and insured the
motor vehicle.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)



    Sec. 6-411. Qualifications of Driver Exam Training 
Instructors. In order to
qualify for a license as an instructor 
for a driving exam 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 
    submit 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. 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.  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 may be 
    maintained by the
Secretary of State or
any agency to which 
    such information was
transmitted.  Only information
and 
    standards which bear a reasonable and rational relation to 
    the performance
of a driver exam 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.

    If a driver exam 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. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-412)  (from Ch. 95 1/2, par. 6-412)



    Sec. 6-412. Issuance of Licenses to Driver Exam Training 
Schools and Driver Exam Training
Instructors. The Secretary of 
State shall issue a license certificate to each
applicant to 
conduct a driver exam training school or to each driver exam 
training
instructor when the Secretary of State is satisfied 
that such person has
met the qualifications required under this 
Act.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (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 exam training school or driver 
exam
training instructor under this Act shall expire by 
operation of law 24
months from the date of issuance, unless 
sooner cancelled, suspended or
revoked under the provisions of 
Section 6-420.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-414)  (from Ch. 95 1/2, par. 6-414)



    Sec. 6-414. Renewal of Licenses. The license of each driver 
exam training school may be renewed subject to the
same 
conditions as the original license, and upon the payment of a

renewal license fee of $500 and $50 for each renewal of a 
branch
application.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-415)  (from Ch. 95 1/2, par. 6-415)



    Sec. 6-415. Renewal Fee. The license of each driver exam 
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.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-416)  (from Ch. 95 1/2, par. 6-416)



    Sec. 6-416. Licenses: Form and Filing. All applications for 
renewal of a driver exam training school license or
driver exam 
training instructor's license shall be on a form prescribed by 
the
Secretary, and must be filed with the Secretary not
less 
than 15 days preceding the expiration date of the license to be 
renewed.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-417)  (from Ch. 95 1/2, par. 6-417)



    Sec. 6-417. Instructor's license. Each driver exam 
training instructor's license shall authorize the licensee
to 
instruct only at or for the driver exam training school 
indicated on the
license. The Secretary shall not issue a 
driver training instructor's
license to any individual who is 
licensed to instruct at or for another
driver exam training 
school.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-419)  (from Ch. 95 1/2, par. 6-419)



    Sec. 6-419. Rules and Regulations. The Secretary is 
authorized to prescribe by rule standards for the
eligibility, 
conduct and operation of driver exam training schools, and

instructors and to adopt other reasonable rules and regulations 
necessary
to carry out the provisions of this Act.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-420)  (from Ch. 95 1/2, par. 6-420)



    Sec. 6-420. Denial, Cancellation, Suspension, Revocation 
and Failure to
Renew License. The Secretary may deny, cancel, 
suspend or revoke, or refuse
to renew any driver exam training 
school license or any driver exam training instructor
license:

        (1) When the Secretary is satisfied that the licensee 
    fails to meet the
requirements to receive or hold a license 
    under this Code;

        (2) Whenever the licensee fails to keep the records 
    required by this
Code;

        (3) Whenever the licensee permits fraud or engages in 
    fraudulent
practices either with reference to a student or 
    the Secretary, or induces
or countenances fraud or 
    fraudulent practices on the part of any applicant
for a 
    driver's license or permit;

        (4) Whenever the licensee fails to comply with any 
    provision of this Code
or any rule of the Secretary made 
    pursuant thereto;

        (5) Whenever the licensee represents himself as an 
    agent or employee of
the Secretary or uses advertising 
    designed to lead or which would
reasonably have the effect 
    of leading persons to believe that such licensee
is in fact 
    an employee or representative of the Secretary;

        (6) Whenever the licensee or any employee or agent of 
    the licensee
solicits driver training or instruction in an 
    office of any department of
the Secretary of State having 
    to do with the administration of any law
relating to motor 
    vehicles, or within 1,500 feet of any such office;

        (7) Whenever the licensee is convicted of driving while

    under the influence of alcohol, other drugs, or a 
    combination thereof;
leaving the scene of an accident; 
    reckless homicide or reckless driving; or

        (8) Whenever a driver exam training school advertises 
    that a driver's license
is guaranteed upon completion of 
    the course of instruction.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-422)  (from Ch. 95 1/2, par. 6-422)


    Sec. 6-422. Prior law and licenses thereunder. This Act 
shall not affect the validity of any outstanding license issued

to any driver exam training school or driver exam training 
instructor by the
Secretary of State under any prior law, nor 
shall this Act affect the
validity or legality of any contract, 
agreement or undertaking entered into
by any driver exam 
training school or driver exam training instructor, or any 
person,
firm, corporation, partnership or association based on 
those provisions of
any prior law.

(Source: P.A. 96-740, eff. 1-1-10.)

 



    (625 ILCS 5/6-901)  (from Ch. 95 1/2, par. 6-901)



    Sec. 6-901. Definitions. For the purposes of this
Article:

    "Board" means the Driver's License Medical Advisory Board.

    "Medical  examiner"  or  "medical practitioner" means any

person licensed to practice medicine in all its  branches  in
the 
State of Illinois or any other state.

(Source: P.A. 92-703, eff. 7-19-02.)

 



    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)


    Sec. 11-1301.3. Unauthorized use of parking places 
reserved for persons with
disabilities.
    (a) It shall be prohibited to park any motor vehicle which 
is not properly
displaying
registration plates or decals issued 
to a person with disabilities, as defined
by Section 1-159.1, 
pursuant to Sections 3-616, 11-1301.1  or 11-1301.2, or to
a 
disabled veteran pursuant to Section 3-609 of this Act, as 
evidence that the
vehicle is operated by or for a person with 
disabilities or disabled veteran,
in any parking place, 
including any private
or public offstreet parking facility, 
specifically reserved, by the
posting of an official sign as 
designated under Section 11-301, for
motor vehicles displaying 
such registration plates.
It shall be prohibited to park any 
motor vehicle in a designated access
aisle adjacent to any 
parking place specifically reserved for persons with

disabilities, by the posting of an official sign as designated 
under Section
11-301, for motor vehicles displaying such 
registration plates.
When using the parking privileges for 
persons with disabilities, the parking
decal or device must  be 
displayed properly in the vehicle where it is clearly
visible 
to law enforcement personnel, either hanging from the rearview 
mirror
or placed on the dashboard of the vehicle in clear view.


Disability license plates and parking decals and devices are 
not transferable from person to person. Proper usage of the 
disability license plate or parking decal or device requires 
the authorized holder to be present and enter or exit the 
vehicle at the time the parking privileges are being used. It 
is a violation of this Section to park in a space reserved for 
a person with disabilities if the authorized holder of the 
disability license plate or parking decal or device does not 
enter or exit the vehicle at the time the parking privileges 
are being used. Any motor vehicle properly displaying a 
disability license plate or a
parking decal or device 
containing the International symbol of access
issued to persons 
with disabilities by any local authority, state, district,

territory or foreign country shall be recognized by State and 
local
authorities as a valid license plate or device and 
receive the same parking
privileges as residents of this State.

    (a-1) An individual with a vehicle displaying disability 
license plates or a parking decal or device issued to a 
qualified person with a disability under Sections 3-616, 
11-1301.1, or 11-1301.2 or to a disabled veteran under Section 
3-609 is in violation of this Section if (i) the person using 
the disability license plate or parking decal or device is not 
the authorized holder of the disability license plate or 
parking decal or device or is not transporting the authorized 
holder of the disability license plate or parking decal or 
device to or from the parking location and (ii) the person uses 
the disability license plate or parking decal or device to 
exercise any privileges granted through the disability license 
plate or parking decals or devices under this Code.

    (b) Any person or local authority owning or operating any 
public or private
offstreet parking facility may, after 
notifying the police or sheriff's
department, remove or cause 
to be removed to the nearest garage or other
place of safety 
any vehicle parked within a stall or space reserved for
use by 
a person with disabilities which does not
display person with 
disabilities registration
plates or a special decal or device 
as required under this Section.

    (c) Any person found guilty of violating the provisions of 
subsection (a) shall be fined $250 in addition to any costs or 
charges connected
with the removal or storage of any motor 
vehicle authorized under this
Section; but municipalities by 
ordinance may impose a fine up to $350

and shall display signs 
indicating the fine imposed.  If the amount of
the fine is 
subsequently changed, the municipality shall change the sign to

indicate the current amount of the fine.
It shall not be a 
defense to a charge under this Section that either the sign 
posted
pursuant to this
Section or the intended accessible 
parking place does not comply with the technical requirements 
of Section 11-301,
Department
regulations, or local ordinance 
if a reasonable person would be made aware by
the
sign or 
notice on or near the parking place that the place is reserved 
for a
person
with
disabilities.

    (c-1) Any person found guilty of violating the provisions 
of subsection (a-1) a first time shall be fined $500. Any 
person found guilty of violating subsection (a-1) a second time 
shall be fined $750, and the Secretary of State may revoke the 
person's driving privileges or suspend those privileges for a 
period of time to be determined by the Secretary. Any person 
found guilty of violating subsection (a-1) a third or 
subsequent time shall be fined $1,000. The circuit clerk shall 
distribute 50% of the fine imposed on any person who is found 
guilty of or pleads guilty to violating this Section, including 
any person placed on court supervision for violating this 
Section, to the law enforcement agency that issued the citation 
or made the arrest. If more than one law enforcement agency is 
responsible for issuing the citation or making the arrest, the 
50% of the fine imposed shall be shared equally.
If an officer 
of the Secretary of State Department of Police arrested a 
person for a violation of this Section, 50% of the fine imposed 
shall be deposited into the Secretary of State Police Services 
Fund.
    (d) Local authorities shall impose fines as established in 
subsections
(c) and (c-1) for violations of this Section.

    (e) As used in this Section, "authorized holder" means an 
individual
issued a disability

license plate under Section 
3-616 of this
Code, an individual issued a parking decal or 
device
under Section 11-1301.2 of this Code, or an individual 
issued a disabled veteran's license plate under Section 3-609 
of this Code.
    (f) Any person who commits a violation of subsection (a-1) 
may have his or her driving privileges suspended or revoked by 
the Secretary of State for a period of time  determined by the 
Secretary of State. The Secretary of State may also suspend or 
revoke the disability license plates or parking decal or device 
for a period of time determined by the Secretary of State.


    (g) Any police officer may seize the parking decal
     or 
device from any person who commits a violation of this Section. 
Any police officer may seize the disability license plate upon 
authorization from the Secretary of State. Any police officer 
may request that the Secretary of State revoke the parking 
decal or device or the disability license plate of any person 
who commits a violation of this Section. 
(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, 
eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; revised 
8-20-09.)
  
 
    Section 10. The Criminal Code of 1961 is amended by 
changing Section 33-6 as follows:
 
    (720 ILCS 5/33-6)
    Sec. 33-6. Bribery to obtain driving privileges.

    (a) A person commits the offense of bribery to obtain 
driving privileges when:
        (1) with intent to influence any act related to the 
    issuance of any driver's license or permit by an employee 
    of the Illinois Secretary of State's Office, or the owner 
    or employee of any commercial driver exam training school 
    licensed by the Illinois Secretary of State, or any other 
    individual authorized by the laws of this State to give 
    driving instructions or administer all or part of a 
    driver's license examination, he or she promises or tenders 
    to that person any property or personal advantage which 
    that person is not authorized by law to accept; or
        (2) with intent to cause any person to influence any 
    act related to the issuance of any driver's license or 
    permit by an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    exam training school licensed by the Illinois Secretary of 
    State, or any other individual authorized by the laws of 
    this State to give driving instructions or administer all 
    or part of a driver's license examination, he or she 
    promises or tenders to that person any property or personal 
    advantage which that person is not authorized by law to 
    accept; or
        (3) as an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    exam training school licensed by the Illinois Secretary of 
    State, or any other individual authorized by the laws of 
    this State to give driving instructions or administer all 
    or part of a driver's license examination, solicits, 
    receives, retains, or agrees to accept any property or 
    personal advantage that he or she is not authorized by law 
    to accept knowing that such property or personal advantage 
    was promised or tendered with intent to influence the 
    performance of any act related to the issuance of any 
    driver's license or permit; or
        (4) as an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    exam training school licensed by the Illinois Secretary of 
    State, or any other individual authorized by the laws of 
    this State to give driving instructions or administer all 
    or part of a driver's license examination, solicits, 
    receives, retains, or agrees to accept any property or 
    personal advantage pursuant to an understanding that he or 
    she shall improperly influence or attempt to influence the 
    performance of any act related to the issuance of any 
    driver's license or permit.
    (b) Sentence.
Bribery to obtain driving privileges is a 
Class 2 felony.

(Source: P.A. 96-740, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

                                         

									INDEX
								

									Statutes amended in order of appearance
								

    625 ILCS 5/6-103
from Ch. 95 1/2, par. 6-103




    625 ILCS 5/6-106.1
from Ch. 95 1/2, par. 6-106.1



    625 ILCS 5/6-202
from Ch. 95 1/2, par. 6-202




    625 ILCS 5/Ch. 6 Art. IV 
    heading





    625 ILCS 5/6-401
from Ch. 95 1/2, par. 6-401


    625 ILCS 5/6-402
from Ch. 95 1/2, par. 6-402


    625 ILCS 5/6-403
from Ch. 95 1/2, par. 6-403


    625 ILCS 5/6-404
from Ch. 95 1/2, par. 6-404


    625 ILCS 5/6-405
from Ch. 95 1/2, par. 6-405


    625 ILCS 5/6-406
from Ch. 95 1/2, par. 6-406


    625 ILCS 5/6-407
from Ch. 95 1/2, par. 6-407


    625 ILCS 5/6-408
from Ch. 95 1/2, par. 6-408


    625 ILCS 5/6-408.5




    625 ILCS 5/6-409
from Ch. 95 1/2, par. 6-409


    625 ILCS 5/6-410
from Ch. 95 1/2, par. 6-410


    625 ILCS 5/6-411
from Ch. 95 1/2, par. 6-411


    625 ILCS 5/6-412
from Ch. 95 1/2, par. 6-412


    625 ILCS 5/6-413
from Ch. 95 1/2, par. 6-413


    625 ILCS 5/6-414
from Ch. 95 1/2, par. 6-414


    625 ILCS 5/6-415
from Ch. 95 1/2, par. 6-415


    625 ILCS 5/6-416
from Ch. 95 1/2, par. 6-416


    625 ILCS 5/6-417
from Ch. 95 1/2, par. 6-417


         
    625 ILCS 5/6-419
from Ch. 95 1/2, par. 6-419


    625 ILCS 5/6-420
from Ch. 95 1/2, par. 6-420


    625 ILCS 5/6-422
from Ch. 95 1/2, par. 6-422


    625 ILCS 5/6-901
from Ch. 95 1/2, par. 6-901


    625 ILCS 5/11-1301.3
from Ch. 95 1/2, par. 11-1301.3




    720 ILCS 5/33-6