Rep. Jaime M. Andrade, Jr.
Filed: 3/18/2025
 
 

 
 

 
10400HB3125ham001LRB104 08201 LNS 24041 a

1
AMENDMENT TO HOUSE BILL 3125 

2    AMENDMENT NO. ______. Amend House Bill 3125 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by 
5changing Section 6-411 as follows:
 
6    (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)
7    Sec. 6-411. Qualifications of Driver Training Instructors. 
8In order to qualify for a license as an instructor for a 
9driving 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 of 
 
 
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1    State may request and receive information and assistance 
2    from any federal, state or local governmental agency as 
3    part of the authorized investigation. Each applicant shall 
4    submit his or her fingerprints to the Illinois State 
5    Police in the form and manner prescribed by the Illinois 
6    State Police. These fingerprints shall be checked against 
7    the fingerprint records now and hereafter filed in the 
8    Illinois State Police and Federal Bureau of Investigation 
9    criminal history records databases. The Illinois State 
10    Police shall charge a fee for conducting the criminal 
11    history records check, which shall be deposited in the 
12    State Police Services Fund and shall not exceed the actual 
13    cost of the records check. The applicant shall be required 
14    to pay all related fingerprint fees including, but not 
15    limited to, the amounts established by the Illinois State 
16    Police and the Federal Bureau of Investigation to process 
17    fingerprint based criminal background investigations. The 
18    Illinois State Police shall provide information concerning 
19    any criminal convictions, and their disposition, brought 
20    against the applicant upon request of the Secretary of 
21    State when the request is made in the form and manner 
22    required by the Illinois State Police. Unless otherwise 
23    prohibited by law, the information derived from this 
24    investigation including the source of this information, 
25    and any conclusions or recommendations derived from this 
26    information by the Secretary of State shall be provided to 
 
 
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1    the applicant, or his designee, upon request to the 
2    Secretary of State, prior to any final action by the 
3    Secretary of State on the application. At any 
4    administrative hearing held under Section 2-118 of this 
5    Code relating to the denial, cancellation, suspension, or 
6    revocation of a driver training school license, the 
7    Secretary of State is authorized to utilize at that 
8    hearing any criminal histories, criminal convictions, and 
9    disposition information obtained under this Section. Any 
10    criminal convictions and their disposition information 
11    obtained by the Secretary of State shall be confidential 
12    and may not be transmitted outside the Office of the 
13    Secretary of State, except as required herein, and may not 
14    be transmitted to anyone within the Office of the 
15    Secretary of State except as needed for the purpose of 
16    evaluating the applicant. The information obtained from 
17    this investigation may be maintained by the Secretary of 
18    State or any agency to which such information was 
19    transmitted. Only information and standards which bear a 
20    reasonable and rational relation to the performance of a 
21    driver training instructor shall be used by the Secretary 
22    of State. Any employee of the Secretary of State who gives 
23    or causes to be given away any confidential information 
24    concerning any criminal charges and their disposition of 
25    an applicant shall be guilty of a Class A misdemeanor 
26    unless release of such information is authorized by this 
 
 
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1    Section;
2        (c) Pass such examination as the Secretary of State 
3    shall require on (1) traffic laws, (2) safe driving 
4    practices, (3) operation of motor vehicles, and (4) 
5    qualifications of teacher;
6        (d) Be physically able to operate safely a motor 
7    vehicle and to train others in the operation of motor 
8    vehicles. An instructors license application must be 
9    accompanied by a medical examination report completed by a 
10    competent physician licensed to practice in the State of 
11    Illinois;
12        (e) Hold a valid Illinois drivers license;
13        (e-5) Have held a valid driver's license for any 
14    2-year period preceding the date of application for an 
15    instructor's license, including a temporary visitor's 
16    driver's license issued under Section 6-105.1, and be 
17    currently authorized to work in the United States; 
18        (f) Have graduated from an accredited high school 
19    after at least 4 years of high school education or the 
20    equivalent; and
21        (g) Pay to the Secretary of State an application and 
22    license fee of $70.
23    If a driver training school class room instructor teaches 
24an approved driver education course, as defined in Section 
251-103 of this Code, to students under 18 years of age, he or 
26she shall furnish to the Secretary of State a certificate 
 
 
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1issued by the State Board of Education that the said 
2instructor is qualified and meets the minimum educational 
3standards for teaching driver education courses in the local 
4public or parochial school systems, except that no State Board 
5of Education certification shall be required of any instructor 
6who teaches exclusively in a commercial driving school. On and 
7after July 1, 1986, the existing rules and regulations of the 
8State Board of Education concerning commercial driving schools 
9shall continue to remain in effect but shall be administered 
10by the Secretary of State until such time as the Secretary of 
11State shall amend or repeal the rules in accordance with the 
12Illinois Administrative Procedure Act. Upon request, the 
13Secretary of State shall issue a certificate of completion to 
14a student under 18 years of age who has completed an approved 
15driver education course at a commercial driving school.
16    If, to qualify for a license as an instructor for a driving 
17school, it is required to obtain a set amount of practice hours 
18driving, then, if the applicant holds a temporary license 
19under Section 6-105 or 6-105.1, the time spent driving under a 
20temporary license shall count toward the set amount of 
21practice hours. 
22(Source: P.A. 102-538, eff. 8-20-21.)".