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SB3682 Engrossed |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 6-402 as follows:
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| (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
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| Sec. 6-402. Qualifications of driver exam training |
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| schools. In order to
qualify for a license to operate a driver |
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| exam training school, each applicant must:
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| (a) be of good moral character;
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| (b) be at least 21 years of age;
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| (c) maintain an established place of business open to |
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| the public which
meets the requirements of Section 6-403 |
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| through 6-407;
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| (d) maintain bodily injury and property damage |
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| liability insurance on
motor vehicles while used in driving |
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| exam instruction, insuring the liability of
the driving |
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| school, the driving instructors and any person taking
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| instruction in at least the following amounts: $50,000 for |
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| bodily injury to
or death of one person in any one accident |
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| and, subject to said limit for
one person, $100,000 for |
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| bodily injury to or death of 2 or more persons in
any one |
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| accident and the amount of $10,000 for damage to property |
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| of others
in any one accident. Evidence of such insurance |
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| coverage in the form of a
certificate from the insurance |
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| carrier shall be filed with the Secretary of
State, and |
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| such certificate shall stipulate that the insurance shall |
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| not be
cancelled except upon 10 days prior written notice |
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| to the Secretary of
State. The decal showing evidence of |
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| insurance shall be affixed to the
windshield of the |
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| vehicle;
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| (e) provide a continuous surety company bond in the |
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| principal sum of
$10,000 for a non-accredited school, |
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| $40,000 for a CDL or teenage accredited school, $60,000 for |
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| a CDL accredited and teenage accredited school, $50,000 for |
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| a CDL or teenage accredited school with three or more |
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| licensed branches, $70,000 for a CDL accredited and teenage |
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| accredited school with three or more licensed branches |
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| $20,000 for the protection of the contractual rights of
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| students in such
form as will meet with the approval of the |
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| Secretary of State and written
by a company authorized to |
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| do business in this State. However, the
aggregate liability |
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| of the surety for all breaches of the condition of the
bond |
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| in no event shall exceed the principal sum of $10,000 for a |
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| non-accredited school, $40,000 for a CDL or teenage |
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| accredited school, $60,000 for a CDL accredited and teenage |
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| accredited school, $50,000 for a CDL or teenage accredited |
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| school with three or more licensed branches, $70,000 for a |
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| CDL accredited and teenage accredited school with three or |
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| more licensed branches $20,000 . The
surety on
any such bond |
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| may cancel such bond on giving 30 days notice thereof in
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| writing to the Secretary of State and shall be relieved of |
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| liability for
any breach of any conditions of the bond |
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| which occurs after the effective
date of cancellation;
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| (f) have the equipment necessary to the giving of |
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| proper instruction in
the operation of motor vehicles;
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| (g) have and use a business telephone listing for all |
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| business
purposes;
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| (h) pay to the Secretary of State an application fee of
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| $500 and $50 for each branch application; and
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| (i) authorize an investigation to include a |
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| fingerprint based background
check
to determine if the |
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| applicant has ever been convicted of a crime and if so, the
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| disposition of those convictions. The authorization shall |
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| indicate the scope
of
the inquiry and the agencies that may |
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| be contacted. Upon this authorization,
the
Secretary of |
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| State may request and receive information and assistance |
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| from any
federal, State, or local governmental agency as |
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| part of the authorized
investigation. Each applicant shall |
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| have his or her fingerprints submitted to
the Department of |
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| State Police in the form and manner prescribed by the
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| Department of State Police. The fingerprints shall be |
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| checked against the
Department of State Police and Federal |
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| Bureau of Investigation criminal history
record |
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| information databases. The Department of State
Police |
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| shall charge a fee for conducting the criminal history |
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| records check,
which shall be deposited in the State Police |
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| Services Fund and shall not exceed
the actual cost of the |
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| records check. The applicant shall be required to pay
all
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| related fingerprint fees including, but not limited to, the |
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| amounts established
by the Department of State Police and |
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| the Federal Bureau of Investigation to
process fingerprint |
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| based criminal background investigations. The Department |
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| of
State Police shall provide information concerning any |
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| criminal convictions and
disposition of criminal |
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| convictions brought against the applicant upon request
of |
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| the Secretary
of State provided that the request is made in |
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| the form and manner required by
the
Department of the State |
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| Police. Unless otherwise prohibited by law, the
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| information derived from the investigation including the |
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| source of the
information and any conclusions or |
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| recommendations derived from the
information by the |
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| Secretary of State shall be provided to the applicant, or
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| his
designee, upon request to the Secretary of State, prior |
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| to any final action by
the Secretary of State on the |
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| application. Any criminal convictions and
disposition |
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| information obtained by the Secretary of State shall be
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| confidential
and may not be transmitted outside the Office |
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| of the Secretary of State, except
as required herein, and |
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| may not be transmitted to anyone within the Office of
the |
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| Secretary of State except as needed for the purpose of |
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| evaluating the
applicant. The information obtained from |
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| the investigation may be maintained
by the Secretary of |
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| State or any agency to which the information was
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| transmitted.
Only information and standards, which bear a |
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| reasonable and rational relation
to
the performance of a |
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| driver exam training school owner, shall be used by the
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| Secretary of State. Any employee of the Secretary of State |
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| who gives or causes
to be given away any confidential |
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| information concerning any criminal charges
or disposition |
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| of criminal charges of an applicant shall be guilty of a |
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| Class A
misdemeanor,
unless release of the information is |
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| authorized by this Section.
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| No license shall be issued under this Section to a person |
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| who is a
spouse, offspring, sibling, parent, grandparent, |
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| grandchild, uncle or aunt,
nephew or niece, cousin, or in-law |
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| of the person whose license to do
business at that location has |
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| been revoked or denied or to a person who was
an officer or |
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| employee of a business firm that has had its license revoked
or |
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| denied, unless the Secretary of State is satisfied the |
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| application was
submitted in good faith and not for the purpose |
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| or effect of defeating the
intent of this Code.
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| (Source: P.A. 96-740, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect January |
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| 1, 2011.
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