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91_SB1395
LRB9109935DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-401, 6-402, and 6-411.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-401, 6-402, and 6-411 as follows:
7 (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
8 Sec. 6-401. Driver Training Schools-License Required.
9 (a) No person, firm, association, partnership or
10 corporation shall operate a driver training school or engage
11 in the business of giving instruction for hire or for a fee
12 in the driving of motor vehicles or in the preparation of an
13 applicant for examination given by the Secretary of State for
14 a drivers license or permit, unless a license therefor has
15 been issued by the Secretary.
16 (b) Subsection (a) of this Section shall not apply to
17 public schools or to educational institutions in which
18 driving instruction is part of the curriculum or to employers
19 giving instruction to their employees.
20 (c) Public schools or educational institutions may not
21 contract with an entity engaged in the business of giving
22 instruction for hire or for a fee in the driving of motor
23 vehicles or in the preparation of an applicant for
24 examination given by the Secretary of State for a driver's
25 license or permit, unless the Secretary has issued the entity
26 a license to engage in that business.
27 (Source: P.A. 76-1586.)
28 (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
29 Sec. 6-402. Qualifications of driver training schools. In
30 order to qualify for a license to operate a driver training
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1 school, each applicant must:
2 (a) be of good moral character;
3 (b) be at least 21 years of age;
4 (c) maintain an established place of business open
5 to the public which meets the requirements of Section
6 6-403 through 6-407;
7 (d) maintain bodily injury and property damage
8 liability insurance on motor vehicles while used in
9 driving instruction, insuring the liability of the
10 driving school, the driving instructors and any person
11 taking instruction in at least the following amounts:
12 $50,000 for bodily injury to or death of one person in
13 any one accident and, subject to said limit for one
14 person, $100,000 for bodily injury to or death of 2 or
15 more persons in any one accident and the amount of
16 $10,000 for damage to property of others in any one
17 accident. Evidence of such insurance coverage in the
18 form of a certificate from the insurance carrier shall be
19 filed with the Secretary of State, and such certificate
20 shall stipulate that the insurance shall not be cancelled
21 except upon 10 days prior written notice to the Secretary
22 of State. The decal showing evidence of insurance shall
23 be affixed to the windshield of the vehicle;
24 (e) provide a continuous surety company bond in the
25 principal sum of $50,000 $10,000 for the protection of
26 the contractual rights of students in such form as will
27 meet with the approval of the Secretary of State and
28 written by a company authorized to do business in this
29 State. However, the aggregate liability of the surety for
30 all breaches of the condition of the bond in no event
31 shall exceed the principal sum of $10,000. The surety on
32 any such bond may cancel such bond on giving 30 days
33 notice thereof in writing to the Secretary of State and
34 shall be relieved of liability for any breach of any
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1 conditions of the bond which occurs after the effective
2 date of cancellation;
3 (f) have the equipment necessary to the giving of
4 proper instruction in the operation of motor vehicles;
5 (g) have and use a business telephone listing for
6 all business purposes; and
7 (h) pay to the Secretary of State an application
8 fee of $250; and.
9 (i) authorize an investigation to determine if the
10 applicant has ever been convicted of a crime, and if so,
11 the disposition of those convictions; this authorization
12 shall indicate the scope of the inquiry and the agencies
13 that may be contacted. Upon this authorization the
14 Secretary of State may request and receive information
15 and assistance from any federal, state, or local
16 governmental agency as part of the authorized
17 investigation. The Department of State Police shall
18 provide information concerning any criminal convictions,
19 and their disposition, brought against the applicant upon
20 request of the Secretary of State when the request is
21 made in the form and manner required by the Department of
22 State Police. The information derived from this
23 investigation, including the source of this information
24 and any conclusions or recommendations derived from this
25 information by the Secretary of State, shall be provided
26 to the applicant, or his or her designee, upon request to
27 the Secretary of State, prior to any final action by the
28 Secretary of State on the application. No information
29 obtained from the investigation may be placed in any
30 automated information system. Any information obtained by
31 the Secretary of State regarding criminal convictions and
32 their disposition shall be confidential and may not be
33 transmitted outside the Office of the Secretary of State,
34 except as required in this paragraph (i), and may not be
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1 transmitted to anyone within the Office of Secretary of
2 State except as needed for the purpose of evaluating the
3 applicant. The only physical identity materials which the
4 applicant can be required to provide the Secretary of
5 State are photographs or fingerprints; these shall be
6 returned to the applicant, upon request to the Secretary
7 of State, after the investigation has been completed. No
8 copy of these identity materials may be kept by the
9 Secretary of State or any agency to which the identity
10 materials were transmitted. Only information and
11 standards that bear a reasonable and rational relation to
12 the performance of a driver training school owner shall
13 be used by the Secretary of State. The applicant shall be
14 required to pay all related fingerprint fees including,
15 but not limited to, the amounts established by the
16 Department of State Police and the Federal Bureau of
17 Investigation to process fingerprint based criminal
18 background investigations.
19 Any employee of the Secretary of State who gives or
20 causes to be given away any confidential information
21 concerning any criminal charges against an applicant and
22 their disposition is guilty of a Class A misdemeanor, unless
23 release of the information is authorized by this Section.
24 No license shall be issued under this Section to a person
25 who is a spouse, offspring, sibling, parent, grandparent,
26 grandchild, uncle or aunt, nephew or niece, cousin, or in-law
27 of the person whose license to do business at that location
28 has been revoked or denied or to a person who was an officer
29 or employee of a business firm that has had its license
30 revoked or denied, unless the Secretary of State is satisfied
31 the application was submitted in good faith and not for the
32 purpose or effect of defeating the intent of this Code.
33 (Source: P.A. 87-829; 87-832; 87-895.)
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1 (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
2 Sec. 6-411. Qualifications of Driver Training
3 Instructors. In order to qualify for a license as an
4 instructor for a driving school, an applicant must:
5 (a) Be of good moral character;
6 (b) Authorize an investigation to determine if the
7 applicant has ever been convicted of a crime and if so, the
8 disposition of those convictions; this authorization shall
9 indicate the scope of the inquiry and the agencies which may
10 be contacted. Upon this authorization the Secretary of State
11 may request and receive information and assistance from any
12 federal, state or local governmental agency as part of the
13 authorized investigation. The Department of State Police
14 shall provide information concerning any criminal
15 convictions, and their disposition, brought against the
16 applicant upon request of the Secretary of State when the
17 request is made in the form and manner required by the
18 Department of State Police. The information derived from
19 this investigation including the source of this information,
20 and any conclusions or recommendations derived from this
21 information by the Secretary of State shall be provided to
22 the applicant, or his designee, upon request to the Secretary
23 of State, prior to any final action by the Secretary of State
24 on the application. No information obtained from such
25 investigation may be placed in any automated information
26 system. Any criminal convictions and their disposition
27 information obtained by the Secretary of State shall be
28 confidential and may not be transmitted outside the Office of
29 the Secretary of State, except as required herein, and may
30 not be transmitted to anyone within the Office of the
31 Secretary of State except as needed for the purpose of
32 evaluating the applicant. The only physical identity
33 materials which the applicant can be required to provide the
34 Secretary of State are photographs or fingerprints; these
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1 shall be returned to the applicant upon request to the
2 Secretary of State, after the investigation has been
3 completed and no copy of these materials may be kept by the
4 Secretary of State or any agency to which such identity
5 materials were transmitted. Only information and standards
6 which bear a reasonable and rational relation to the
7 performance of a driver training instructor shall be used by
8 the Secretary of State. Any employee of the Secretary of
9 State who gives or causes to be given away any confidential
10 information concerning any criminal charges and their
11 disposition of an applicant shall be guilty of a Class A
12 misdemeanor unless release of such information is authorized
13 by this Section. The applicant shall be required to pay all
14 related fingerprint fees including, but not limited to, the
15 amounts established by the Department of State Police and the
16 Federal Bureau of Investigation to process fingerprint based
17 criminal background investigations;
18 (c) Pass such examination as the Secretary of State
19 shall require on (1) traffic laws, (2) safe driving
20 practices, (3) operation of motor vehicles, and (4)
21 qualifications of teacher;
22 (d) Be physically able to operate safely a motor vehicle
23 and to train others in the operation of motor vehicles. An
24 instructors license application must be accompanied by a
25 medical examination report completed by a competent physician
26 licensed to practice in the State of Illinois;
27 (e) Hold a valid Illinois drivers license;
28 (f) Have graduated from an accredited high school after
29 at least 4 years of high school education or the equivalent;
30 and
31 (g) Pay to the Secretary of State an application and
32 license fee of $35.
33 If a driver training school class room instructor teaches
34 an approved driver education course, as defined in Section
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1 1-103 of this Code, to students under 18 years of age, he or
2 she shall furnish to the Secretary of State a certificate
3 issued by the State Board of Education that the said
4 instructor is qualified and meets the minimum educational
5 standards for teaching driver education courses in the local
6 public or parochial school systems, except that no State
7 Board of Education certification shall be required of any
8 instructor who teaches exclusively in a commercial driving
9 school. On and after July 1, 1986, the existing rules and
10 regulations of the State Board of Education concerning
11 commercial driving schools shall continue to remain in effect
12 but shall be administered by the Secretary of State until
13 such time as the Secretary of State shall amend or repeal the
14 rules in accordance with The Illinois Administrative
15 Procedure Act. Upon request, the Secretary of State shall
16 issue a certificate of completion to a student under 18 years
17 of age who has completed an approved driver education course
18 at a commercial driving school.
19 (Source: P.A. 87-829; 87-832.)
20 Section 99. Effective date. This Act takes effect July
21 1, 2000.