SB2824 - 104th General Assembly
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| 1 | AN ACT concerning transportation. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||
| 5 | changing Section 6-411 as follows: | |||||||||||||||||||
| 6 | (625 ILCS 5/6-411) | |||||||||||||||||||
| 7 | Sec. 6-411. Qualifications of Driver Training Instructors. | |||||||||||||||||||
| 8 | In order to qualify for a license as an instructor for a | |||||||||||||||||||
| 9 | driving school, an applicant must: | |||||||||||||||||||
| 10 | (a) Be of good moral character; | |||||||||||||||||||
| 11 | (b) Authorize an investigation to include a | |||||||||||||||||||
| 12 | fingerprint based background check to determine if the | |||||||||||||||||||
| 13 | applicant has ever been convicted of a crime and if so, the | |||||||||||||||||||
| 14 | disposition of those convictions; this authorization shall | |||||||||||||||||||
| 15 | indicate the scope of the inquiry and the agencies which | |||||||||||||||||||
| 16 | may be contacted. Upon this authorization, the Secretary | |||||||||||||||||||
| 17 | of State may request and receive information and | |||||||||||||||||||
| 18 | assistance from any federal, state, or local governmental | |||||||||||||||||||
| 19 | agency as part of the authorized investigation. Each | |||||||||||||||||||
| 20 | applicant shall submit his or her fingerprints to the | |||||||||||||||||||
| 21 | Illinois State Police in the form and manner prescribed by | |||||||||||||||||||
| 22 | the Illinois State Police. These fingerprints shall be | |||||||||||||||||||
| 23 | checked against the fingerprint records now and hereafter | |||||||||||||||||||
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| 1 | filed in the Illinois State Police and Federal Bureau of | ||||||
| 2 | Investigation criminal history records databases. The | ||||||
| 3 | Illinois State Police shall charge a fee for conducting | ||||||
| 4 | the criminal history records check, which shall be | ||||||
| 5 | deposited in the State Police Services Fund and shall not | ||||||
| 6 | exceed the actual cost of the records check. The applicant | ||||||
| 7 | shall be required to pay all related fingerprint fees, | ||||||
| 8 | including, but not limited to, the amounts established by | ||||||
| 9 | the Illinois State Police and the Federal Bureau of | ||||||
| 10 | Investigation to process fingerprint based criminal | ||||||
| 11 | background investigations. The Illinois State Police shall | ||||||
| 12 | provide information concerning any criminal convictions, | ||||||
| 13 | and their disposition, brought against the applicant upon | ||||||
| 14 | request of the Secretary of State when the request is made | ||||||
| 15 | in the form and manner required by the Illinois State | ||||||
| 16 | Police. Unless otherwise prohibited by law, the | ||||||
| 17 | information derived from this investigation, including the | ||||||
| 18 | source of this information, and any conclusions or | ||||||
| 19 | recommendations derived from this information by the | ||||||
| 20 | Secretary of State shall be provided to the applicant, or | ||||||
| 21 | his designee, upon request to the Secretary of State, | ||||||
| 22 | prior to any final action by the Secretary of State on the | ||||||
| 23 | application. At any administrative hearing held under | ||||||
| 24 | Section 2-118 of this Code relating to the denial, | ||||||
| 25 | cancellation, suspension, or revocation of a driver | ||||||
| 26 | training school license, the Secretary of State is | ||||||
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| 1 | authorized to utilize at that hearing any criminal | ||||||
| 2 | histories, criminal convictions, and disposition | ||||||
| 3 | information obtained under this Section. Any criminal | ||||||
| 4 | convictions and their disposition information obtained by | ||||||
| 5 | the Secretary of State shall be confidential and may not | ||||||
| 6 | be transmitted outside the Office of the Secretary of | ||||||
| 7 | State, except as required herein, and may not be | ||||||
| 8 | transmitted to anyone within the Office of the Secretary | ||||||
| 9 | of State except as needed for the purpose of evaluating | ||||||
| 10 | the applicant. The information obtained from this | ||||||
| 11 | investigation may be maintained by the Secretary of State | ||||||
| 12 | or any agency to which such information was transmitted. | ||||||
| 13 | Only information and standards which bear a reasonable and | ||||||
| 14 | rational relation to the performance of a driver training | ||||||
| 15 | instructor shall be used by the Secretary of State. Any | ||||||
| 16 | employee of the Secretary of State who gives or causes to | ||||||
| 17 | be given away any confidential information concerning any | ||||||
| 18 | criminal charges and their disposition of an applicant | ||||||
| 19 | shall be guilty of a Class A misdemeanor unless release of | ||||||
| 20 | such information is authorized by this Section; | ||||||
| 21 | (c) Pass such examination as the Secretary of State | ||||||
| 22 | shall require on (1) traffic laws, (2) safe driving | ||||||
| 23 | practices, (3) operation of motor vehicles, and (4) | ||||||
| 24 | qualifications of teacher; | ||||||
| 25 | (d) Be physically able to operate safely a motor | ||||||
| 26 | vehicle and to train others in the operation of motor | ||||||
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| 1 | vehicles. An instructors license application must be | ||||||
| 2 | accompanied by a medical examination report completed by a | ||||||
| 3 | competent physician licensed to practice in this State | ||||||
| 4 | under the Medical Practice Act of 1987, a physician | ||||||
| 5 | assistant licensed under the Physician Assistant Practice | ||||||
| 6 | Act of 1987, or an advanced practice registered nurse | ||||||
| 7 | licensed under the Nurse Practice Act medical examiner as | ||||||
| 8 | defined in Section 6-901 of this Code; | ||||||
| 9 | (e) Hold a valid Illinois drivers license; | ||||||
| 10 | (e-5) Have held a valid driver's license for any | ||||||
| 11 | 2-year period preceding the date of application for an | ||||||
| 12 | instructor's license, including a temporary visitor's | ||||||
| 13 | driver's license issued under Section 6-105.1, and be | ||||||
| 14 | currently authorized to work in the United States; | ||||||
| 15 | (f) Have graduated from an accredited high school | ||||||
| 16 | after at least 4 years of high school education or the | ||||||
| 17 | equivalent; and | ||||||
| 18 | (g) Pay to the Secretary of State an application and | ||||||
| 19 | license fee of $70. | ||||||
| 20 | If a driver training school class room instructor teaches | ||||||
| 21 | an approved driver education course, as defined in Section | ||||||
| 22 | 1-103 of this Code, to students under 18 years of age, he or | ||||||
| 23 | she shall furnish to the Secretary of State a certificate | ||||||
| 24 | issued by the State Board of Education that the said | ||||||
| 25 | instructor is qualified and meets the minimum educational | ||||||
| 26 | standards for teaching driver education courses in the local | ||||||
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| 1 | public or parochial school systems, except that no State Board | ||||||
| 2 | of Education certification shall be required of any instructor | ||||||
| 3 | who teaches exclusively in a commercial driving school. On and | ||||||
| 4 | after July 1, 1986, the existing rules and regulations of the | ||||||
| 5 | State Board of Education concerning commercial driving schools | ||||||
| 6 | shall continue to remain in effect but shall be administered | ||||||
| 7 | by the Secretary of State until such time as the Secretary of | ||||||
| 8 | State shall amend or repeal the rules in accordance with the | ||||||
| 9 | Illinois Administrative Procedure Act. Upon request, the | ||||||
| 10 | Secretary of State shall issue a certificate of completion to | ||||||
| 11 | a student under 18 years of age who has completed an approved | ||||||
| 12 | driver education course at a commercial driving school. | ||||||
| 13 | (Source: P.A. 104-260, eff. 8-15-25; 104-275, eff. 1-1-26; | ||||||
| 14 | revised 11-21-25.) | ||||||
