Public Act 93-0408

HB1491 Enrolled                      LRB093 03493 LCB 03522 b

    AN ACT concerning driver training.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Sections 6-401, 6-402, 6-408.5, 6-411, 6-413, 6-414,
and 6-415 as follows:

    (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
    Sec. 6-401.  Driver Training Schools-License Required.
    No person, firm, association, partnership or  corporation
shall  operate  a  driver  training  school  or engage in the
business of giving instruction for hire or for a fee  in  the
driving  of  motor  vehicles  or  in  the  preparation  of an
applicant for examination given by the Secretary of State for
a drivers license or permit, unless a  license  therefor  has
been   issued   by   the  Secretary.  No  public  schools  or
educational institutions shall contract with entities engaged
in the business of giving instruction for hire or for  a  fee
in  the driving of motor vehicles or in the preparation of an
applicant for examination given by the Secretary of State for
a driver's license or permit, unless a license  therefor  has
been issued by the Secretary.
    This  section  shall  not  apply  to public schools or to
educational institutions in which driving instruction is part
of the curriculum or to employers giving instruction to their
employees.
(Source: P.A. 76-1586.)

    (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
    Sec. 6-402. Qualifications of driver training schools. In
order to qualify for a license to operate a  driver  training
school, each applicant must:
         (a)  be of good moral character;
         (b)  be at least 21 years of age;
         (c)  maintain  an established place of business open
    to the public which meets  the  requirements  of  Section
    6-403 through 6-407;
         (d)  maintain  bodily  injury  and  property  damage
    liability  insurance  on  motor  vehicles  while  used in
    driving  instruction,  insuring  the  liability  of   the
    driving  school,  the  driving instructors and any person
    taking instruction in at  least  the  following  amounts:
    $50,000  for  bodily  injury to or death of one person in
    any one accident and,  subject  to  said  limit  for  one
    person,  $100,000  for  bodily injury to or death of 2 or
    more persons in  any  one  accident  and  the  amount  of
    $10,000  for  damage  to  property  of  others in any one
    accident.  Evidence of such  insurance  coverage  in  the
    form of a certificate from the insurance carrier shall be
    filed  with  the Secretary of State, and such certificate
    shall stipulate that the insurance shall not be cancelled
    except upon 10 days prior written notice to the Secretary
    of State.  The decal showing evidence of insurance  shall
    be affixed to the windshield of the vehicle;
         (e)  provide a continuous surety company bond in the
    principal  sum  of  $20,000 $10,000 for the protection of
    the contractual rights of students in such form  as  will
    meet  with  the  approval  of  the Secretary of State and
    written by a company authorized to do  business  in  this
    State. However, the aggregate liability of the surety for
    all  breaches  of  the  condition of the bond in no event
    shall exceed the principal sum of  $20,000  $10,000.  The
    surety on any such bond may cancel such bond on giving 30
    days  notice thereof in writing to the Secretary of State
    and shall be relieved of liability for any breach of  any
    conditions  of  the bond which occurs after the effective
    date of cancellation;
         (f)  have the equipment necessary to the  giving  of
    proper instruction in the operation of motor vehicles;
         (g)  have  and  use a business telephone listing for
    all business purposes; and
         (h)  pay to the Secretary of  State  an  application
    fee  of  $500  and  $50  for each branch application; and
    $250.
         (i)  authorize  an  investigation   to   include   a
    fingerprint  based  background  check to determine if the
    applicant has ever been convicted of a crime and  if  so,
    the  disposition  of those convictions. The authorization
    shall indicate the scope of the inquiry and the  agencies
    that  may  be  contacted.  Upon  this  authorization, the
    Secretary of State may request  and  receive  information
    and   assistance   from  any  federal,  State,  or  local
    governmental   agency   as   part   of   the   authorized
    investigation. Each  applicant  shall  have  his  or  her
    fingerprints  submitted to the Department of State Police
    in the form and manner prescribed by  the  Department  of
    State  Police.  The fingerprints shall be checked against
    the Department of State  Police  and  Federal  Bureau  of
    Investigation   criminal   history   record   information
    databases.  The Department of State Police shall charge a
    fee for conducting the criminal  history  records  check,
    which  shall  be  deposited  in the State Police Services
    Fund and shall not exceed the actual cost of the  records
    check. The applicant shall be required to pay all related
    fingerprint  fees  including,  but  not  limited  to, the
    amounts established by the Department of State Police and
    the  Federal   Bureau   of   Investigation   to   process
    fingerprint based criminal background investigations. The
    Department  of  State  Police  shall  provide information
    concerning any criminal convictions  and  disposition  of
    criminal  convictions  brought against the applicant upon
    request of the  Secretary  of  State  provided  that  the
    request  is  made  in the form and manner required by the
    Department  of  the  State   Police.   Unless   otherwise
    prohibited  by  law,  the  information  derived  from the
    investigation including the source of the information and
    any  conclusions  or  recommendations  derived  from  the
    information by the Secretary of State shall  be  provided
    to  the  applicant,  or his designee, upon request to the
    Secretary of State, prior to  any  final  action  by  the
    Secretary  of  State  on  the  application.  Any criminal
    convictions and disposition information obtained  by  the
    Secretary  of  State shall be confidential and may not be
    transmitted outside the Office of the Secretary of State,
    except as required herein, and may not be transmitted  to
    anyone within the Office of the Secretary of State except
    as  needed  for  the purpose of evaluating the applicant.
    The information obtained from the  investigation  may  be
    maintained  by  the  Secretary  of State or any agency to
    which the information was transmitted.  Only  information
    and  standards,  which  bear  a  reasonable  and rational
    relation to the performance of a driver  training  school
    owner,  shall  be  used  by  the  Secretary of State. Any
    employee of the Secretary of State who gives or causes to
    be given away any confidential information concerning any
    criminal charges or disposition of criminal charges of an
    applicant shall be  guilty  of  a  Class  A  misdemeanor,
    unless  release  of the information is authorized by this
    Section.
    No license shall be issued under this Section to a person
who is a spouse,  offspring,  sibling,  parent,  grandparent,
grandchild, uncle or aunt, nephew or niece, cousin, or in-law
of  the  person whose license to do business at that location
has been revoked or denied or to a person who was an  officer
or  employee  of  a  business  firm  that has had its license
revoked or denied, unless the Secretary of State is satisfied
the application was submitted in good faith and not  for  the
purpose or effect of defeating the intent of this Code.
(Source: P.A. 87-829; 87-832; 87-895.)

    (625 ILCS 5/6-408.5)
    Sec.  6-408.5.   Courses  for  students  or  high  school
dropouts; limitation.
    (a)  No   driver  training  school  or  driving  training
instructor licensed under this Act may request a  certificate
of  completion  from  the  Secretary  of State as provided in
Section 6-411 for any person who is enrolled as a student  in
any  public  or  non-public secondary school at the time such
instruction is to be provided, or who was so enrolled  during
the semester last ended if that instruction is to be provided
between  semesters  or  during  the  summer after the regular
school term ends, unless that student has received a  passing
grade  in  at  least  8  courses  during the 2 semesters last
ending prior to requesting a certificate of  completion  from
the Secretary of State for the student.
    (b)  No   driver  training  school  or  driving  training
instructor licensed under this Act may request a  certificate
of  completion  from  the  Secretary  of State as provided in
Section 6-411 for any person who has dropped  out  of  school
and  has  not  yet  attained  the  age of 18 years unless the
driver training school or driving training instructor has: 1)
obtained  written  documentation  verifying   the   dropout's
enrollment  in  a GED or alternative education program or has
obtained a copy of the dropout's GED certificate; 2) obtained
verification that the  student  prior  to  dropping  out  had
received  a  passing grade in at least 8 courses during the 2
previous  semesters  last  ending  prior  to   requesting   a
certificate  of  completion;  or  3) obtained written consent
from the dropout's parents  or  guardians  and  the  regional
superintendent.
    (c)  Students   shall  be  informed  of  the  eligibility
requirements  of  this  Act  in  writing  at  the   time   of
registration.
    (d)  The superintendent of schools of the school district
in  which  the student resides and attends school or in which
the student resides at the time he or she drops out of school
(with respect to a public high school student  or  a  dropout
from   the   public   high   school)   or  the  chief  school
administrator (with  respect  to  a  student  who  attends  a
non-public  high  school  or a dropout from a non-public high
school) may waive the requirements of  this  Section  if  the
superintendent or chief school administrator, as the case may
be,  deems  it  to be in the best interests of the student or
dropout.  Before requesting a certificate of completion  from
the  Secretary  of  State for any person who is enrolled as a
student in any public or non-public secondary school  or  who
was  so  enrolled  in  the  semester last ending prior to the
request for a certificate of completion from the Secretary of
State or who is of  high  school  age,  the  driver  training
school shall determine from the school district in which that
person  resides  or  resided  at  the time of dropping out of
school, or from the chief  administrator  of  the  non-public
high  school attended or last attended by such person, as the
case may be, that such person is not ineligible to receive  a
certificate of completion under this Section.
    (e)  By  January  1,  1997,  the  Secretary  of State, in
cooperation  with  the  State  Board  of   Education,   shall
complete,  and  submit to the General Assembly, a report that
examines the impact of this Section and other changes made by
Public Act 88-188.
(Source: P.A. 88-188; 88-628, eff. 9-9-94.)
    (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
    Sec.   6-411.    Qualifications   of   Driver    Training
Instructors.  In  order  to  qualify  for  a  license  as  an
instructor for a driving school, an applicant must:
    (a)  Be of good moral character;
    (b)  Authorize  an investigation to include a fingerprint
based background check to determine if the applicant has ever
been convicted of a crime and if so, the disposition of those
convictions; this authorization shall indicate the  scope  of
the  inquiry  and  the agencies which may be contacted.  Upon
this authorization the Secretary of  State  may  request  and
receive information and assistance from any federal, state or
local   governmental   agency   as  part  of  the  authorized
investigation.  Each  applicant  shall  have   his   or   her
fingerprints  submitted  to the Department of State Police in
the form and manner prescribed by  the  Department  of  State
Police.  These  fingerprints  shall  be  checked  against the
Department  of   State   Police   and   Federal   Bureau   of
Investigation  criminal history record information databases.
The Department  of  State  Police  shall  charge  a  fee  for
conducting the criminal history records check, which shall be
deposited  in  the  State  Police Services Fund and shall not
exceed the actual cost of the records  check.  The  applicant
shall  be  required  to  pay  all  related  fingerprint  fees
including, but not limited to, the amounts established by the
Department   of  State  Police  and  the  Federal  Bureau  of
Investigation   to   process   fingerprint   based   criminal
background investigations. The  Department  of  State  Police
shall    provide    information   concerning   any   criminal
convictions,  and  their  disposition,  brought  against  the
applicant upon request of the Secretary  of  State  when  the
request  is  made  in  the  form  and  manner required by the
Department of State Police.  Unless otherwise  prohibited  by
law,   the   information   derived  from  this  investigation
including the source of this information, and any conclusions
or recommendations  derived  from  this  information  by  the
Secretary of State shall be provided to the applicant, or his
designee,  upon  request  to the Secretary of State, prior to
any  final  action  by  the  Secretary  of   State   on   the
application.  No information obtained from such investigation
may  be  placed  in  any  automated  information  system. Any
criminal  convictions  and  their   disposition   information
obtained  by the Secretary of State shall be confidential and
may not be transmitted outside the Office of the Secretary of
State, except as required herein, and may not be  transmitted
to  anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating  the  applicant.  The
information  obtained  from  this investigation only physical
identity materials which the applicant  can  be  required  to
provide   the   Secretary   of   State   are  photographs  or
fingerprints; these shall be returned to the  applicant  upon
request  to  the  Secretary of State, after the investigation
has been completed and no copy  of  these  materials  may  be
maintained  kept  by  the Secretary of State or any agency to
which  such   information   was   identity   materials   were
transmitted.   Only  information  and  standards which bear a
reasonable and rational relation  to  the  performance  of  a
driver  training instructor shall be used by the Secretary of
State.  Any employee of the Secretary of State who  gives  or
causes   to   be  given  away  any  confidential  information
concerning any criminal charges and their disposition  of  an
applicant  shall  be  guilty  of a Class A misdemeanor unless
release of such information is authorized by this Section;
    (c)  Pass such examination  as  the  Secretary  of  State
shall   require   on  (1)  traffic  laws,  (2)  safe  driving
practices,  (3)  operation  of  motor   vehicles,   and   (4)
qualifications of teacher;
    (d)  Be physically able to operate safely a motor vehicle
and  to  train  others in the operation of motor vehicles. An
instructors license application  must  be  accompanied  by  a
medical examination report completed by a competent physician
licensed to practice in the State of Illinois;
    (e)  Hold a valid Illinois drivers license;
    (f)  Have  graduated from an accredited high school after
at least 4 years of high school education or the  equivalent;
and
    (g)  Pay  to  the  Secretary  of State an application and
license fee of $70 $35.
    If a driver training school class room instructor teaches
an approved driver education course, as  defined  in  Section
1-103  of this Code, to students under 18 years of age, he or
she shall furnish to the Secretary  of  State  a  certificate
issued  by  the  State  Board  of  Education  that  the  said
instructor  is  qualified  and  meets the minimum educational
standards for teaching driver education courses in the  local
public  or  parochial  school  systems,  except that no State
Board of Education certification shall  be  required  of  any
instructor  who  teaches  exclusively in a commercial driving
school.  On and after July 1, 1986, the  existing  rules  and
regulations  of  the  State  Board  of  Education  concerning
commercial driving schools shall continue to remain in effect
but  shall  be  administered  by the Secretary of State until
such time as the Secretary of State shall amend or repeal the
rules  in  accordance  with   The   Illinois   Administrative
Procedure  Act.   Upon  request, the Secretary of State shall
issue a certificate of completion to a student under 18 years
of age who has completed an approved driver education  course
at a commercial driving school.
(Source: P.A. 87-829; 87-832.)

    (625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
    Sec.  6-413.  Expiration  of  Licenses.  All  outstanding
licenses  issued  to  any  driver  training  school or driver
training instructor under this Act shall expire by  operation
of  law 24 12 months from the date of issuance, unless sooner
cancelled, suspended  or  revoked  under  the  provisions  of
Section 6-420.
(Source: P.A. 87-829; 87-832.)

    (625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
    Sec.  6-414.  Renewal  of  Licenses.  The license of each
driver training school may be renewed  subject  to  the  same
conditions as the original license, and upon the payment of a
an  annual  renewal  license  fee  of  $500  and $50 for each
renewal of a branch application $250.
(Source: P.A. 87-829; 87-832.)

    (625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
    Sec. 6-415. Renewal  Fee.  The  license  of  each  driver
training  instructor  may  be  renewed  subject  to  the same
conditions of the original license, and upon the  payment  of
annual renewal license fee of $70 $35.
(Source: P.A. 87-829; 87-832.)