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Public Act 096-1062
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| SB3682 Enrolled | LRB096 17205 AJT 32554 b |
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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 |
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 |
schools. In order to
qualify for a license to operate a driver |
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 |
the public which
meets the requirements of Section 6-403 |
through 6-407;
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(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
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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 |
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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;
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(e) provide a continuous surety company bond in the |
principal sum of
$10,000 for a non-accredited school, |
$40,000 for a CDL or teenage accredited school, $60,000 for |
a CDL accredited and teenage accredited school, $50,000 for |
a CDL or teenage accredited school with three or more |
licensed branches, $70,000 for a CDL accredited and teenage |
accredited school with three or more licensed branches |
$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 |
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 $10,000 for a |
non-accredited school, $40,000 for a CDL or teenage |
accredited school, $60,000 for a CDL accredited and teenage |
accredited school, $50,000 for a CDL or teenage accredited |
school with three or more licensed branches, $70,000 for a |
CDL accredited and teenage accredited school with three or |
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more licensed branches $20,000. The
surety on
any such bond |
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 |
liability for
any breach of any conditions of the bond |
which occurs after the effective
date of cancellation;
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(f) have the equipment necessary to the giving of |
proper instruction in
the operation of motor vehicles;
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(g) have and use a business telephone listing for all |
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 |
fingerprint based background
check
to determine if the |
applicant has ever been convicted of a crime and if so, the
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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
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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 |
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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
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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
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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
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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
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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 |
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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
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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
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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.
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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.
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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 |
1, 2011.
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