Illinois General Assembly - Full Text of SB2135
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Full Text of SB2135  97th General Assembly


Sen. Susan Garrett

Filed: 3/9/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2135 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 Department of State
5    Police in the form and manner prescribed by the Department
6    of State Police. These fingerprints shall be checked
7    against the fingerprint records now and hereafter filed in
8    the Department of State Police and Federal Bureau of
9    Investigation criminal history records databases. The
10    Department of State Police shall charge a fee for
11    conducting the criminal history records check, which shall
12    be deposited in the State Police Services Fund and shall
13    not exceed the actual cost of the records check. The
14    applicant shall be required to pay all related fingerprint
15    fees including, but not limited to, the amounts established
16    by the Department of State Police and the Federal Bureau of
17    Investigation to process fingerprint based criminal
18    background investigations. The Department of State Police
19    shall provide information concerning any criminal
20    convictions, and their disposition, brought against the
21    applicant upon request of the Secretary of State when the
22    request is made in the form and manner required by the
23    Department of State Police. Unless otherwise prohibited by
24    law, the information derived from this investigation
25    including the source of this information, and any
26    conclusions or recommendations derived from this



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1    information by the Secretary of State shall be provided to
2    the applicant, or his designee, upon request to the
3    Secretary of State, prior to any final action by the
4    Secretary of State on the application. Any criminal
5    convictions and their disposition information obtained by
6    the Secretary of State shall be confidential and may not be
7    transmitted outside the Office of the Secretary of State,
8    except as required herein, and may not be transmitted to
9    anyone within the Office of the Secretary of State except
10    as needed for the purpose of evaluating the applicant. The
11    information obtained from this investigation may be
12    maintained by the Secretary of State or any agency to which
13    such information was transmitted. Only information and
14    standards which bear a reasonable and rational relation to
15    the performance of a driver training instructor shall be
16    used by the Secretary of State. Any employee of the
17    Secretary of State who gives or causes to be given away any
18    confidential information concerning any criminal charges
19    and their disposition of an applicant shall be guilty of a
20    Class A misdemeanor unless release of such information is
21    authorized by this Section;
22        (c) Pass such examination as the Secretary of State
23    shall require on (1) traffic laws, (2) safe driving
24    practices, (3) operation of motor vehicles, and (4)
25    qualifications of teacher;
26        (d) Be physically able to operate safely a motor



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1    vehicle and to train others in the operation of motor
2    vehicles. An instructors license application must be
3    accompanied by a medical examination report completed by a
4    competent physician licensed to practice in the State of
5    Illinois;
6        (e) Hold a valid Illinois drivers license;
7        (f) Have graduated from an accredited high school after
8    at least 4 years of high school education or the
9    equivalent; and
10        (g) Pay to the Secretary of State an application and
11    license fee of $70; .
12        (h) If a driver training school class room instructor
13    teaches an approved driver education course, as defined in
14    Section 1-103 of this Code, to students under 18 years of
15    age, the instructor must have completed 3 consecutive
16    courses in driver task analysis, class room knowledge, and
17    vehicle operational and instructional skills at an
18    accredited university or college in this State; and
19        (i) Whenever there is an agreement such as, but not
20    limited to, a contractual relationship between a school
21    district and a commercial or private driving school to
22    outsource or contract out a course required by Section
23    27-24.2 of the School Code, the driver training instructor
24    teaching the course must meet the requirements of Section
25    252.40 of Title 23 of the Illinois Administrative Code.
26    The State agency responsible for overseeing each



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1commercial driving school shall make available verification
2that each instructor has met all instructor certification
4    If a driver training school class room instructor teaches
5an approved driver education course, as defined in Section
61-103 of this Code, to students under 18 years of age, he or
7she shall furnish to the Secretary of State a certificate
8issued by the State Board of Education that the said instructor
9is qualified and meets the minimum educational standards for
10teaching driver education courses in the local public or
11parochial school systems, except that no State Board of
12Education certification shall be required of any instructor who
13teaches exclusively in a commercial driving school. On and
14after July 1, 1986, the existing rules and regulations of the
15State Board of Education concerning commercial driving schools
16shall continue to remain in effect but shall be administered by
17the Secretary of State until such time as the Secretary of
18State shall amend or repeal the rules in accordance with the
19Illinois Administrative Procedure Act. Upon request, the
20Secretary of State shall issue a certificate of completion to a
21student under 18 years of age who has completed an approved
22driver education course at a commercial driving school.
23    If on July 1, 2011, a driver training school class room
24instructor is teaching an approved driver education course, as
25defined in Section 1-103 of this Code, to students under 18
26years of age, he or she will have 2 years from July 1, 2011 to



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1complete the courses required by paragraph (h) of this Section.
2A driver training school class room instructor who has not
3prior to July 1, 2011 taught an approved driver education
4course, as defined in Section 1-103 of this Code, to students
5under 18 years of age, or whose existing driver education
6course instructor certification has expired on or after July 1,
72011, shall complete the certification course requirements
8required by paragraph (h) of this Section prior to conducting
9an approved driver education course in any licensed commercial
10driving school in this State.
11(Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10;
1296-962, eff. 7-2-10.)".