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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 -2- LRB9109935DHmb 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
$10,000for 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 -3- LRB9109935DHmb 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; and7 (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 -4- LRB9109935DHmb 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.) -5- LRB9109935DHmb 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 -6- LRB9109935DHmb 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 -7- LRB9109935DHmb 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.
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