State of Illinois
91st General Assembly
Legislation

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91_SB1395

 
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 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.

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