Vehicles & Safety Committee

Filed: 4/29/2009

 

 


 

 


 
09600SB2217ham001 LRB096 11545 AJT 25162 a

1
AMENDMENT TO SENATE BILL 2217

2     AMENDMENT NO. ______. Amend Senate Bill 2217 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Department of Transportation Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Section 2705-125 as follows:
 
7     (20 ILCS 2705/2705-125)  (was 20 ILCS 2705/49.22)
8     Sec. 2705-125. Safety inspection of motor vehicles;
9 transfer from various State agencies. The Department has the
10 power to administer, exercise, and enforce the rights, powers,
11 and duties presently vested in the Department of State Police
12 and the Division of State Troopers under the Illinois Vehicle
13 Inspection Law, in the Illinois Commerce Commission, in the
14 State Board of Education, and in the Secretary of State under
15 laws relating to the safety inspection of motor vehicles
16 operated by common carriers, of school buses, and of motor

 

 

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1 vehicles used in the transportation of school children and
2 motor vehicles used in driver exam training schools for hire
3 licensed under Article IV of the Illinois Driver Licensing Law
4 or under any other law relating to the safety inspection of
5 motor vehicles of the second division as defined in the
6 Illinois Vehicle Code.
7 (Source: P.A. 91-239, eff. 1-1-00.)
 
8     Section 10. The Illinois Vehicle Code is amended by
9 changing the heading of Article IV of Chapter 6 and Sections
10 1-103, 6-103, 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, 6-407,
11 6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, 6-414,
12 6-415, 6-416, 6-417, 6-419, 6-420, and 6-422 and by adding
13 Article X to Chapter 6 as follows:
 
14     (625 ILCS 5/1-103)  (from Ch. 95 1/2, par. 1-103)
15     Sec. 1-103. Approved driver education course. (a) Any
16 course of driver education approved by the State Board of
17 Education, offered by public or private schools maintaining
18 grades 9 through 12, and meeting at least the minimum
19 requirements of the "Driver Education Act", as now or hereafter
20 amended, or (b) any course of driver education offered by a
21 school licensed to give driver education instructions under
22 this Act which meets at least the minimum educational
23 requirements of the "Driver Education Act", as now or hereafter
24 amended, and is approved by the State Board of Education, or

 

 

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1 (c) any course of driver education given in another State to an
2 Illinois resident attending school in such State and approved
3 by the State administrator of the Driver Education Program of
4 such other State, or (d) any course of driver education given
5 at a Department of Defense Education Activity school that is
6 approved by the Department of Defense Education Activity and
7 taught by an adult driver education instructor or traffic
8 safety officer.
9 (Source: P.A. 81-1508.)
 
10     (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
11     Sec. 6-103. What persons shall not be licensed as drivers
12 or granted permits. The Secretary of State shall not issue,
13 renew, or allow the retention of any driver's license nor issue
14 any permit under this Code:
15         1. To any person, as a driver, who is under the age of
16     18 years except as provided in Section 6-107, and except
17     that an instruction permit may be issued under Section
18     6-107.1 to a child who is not less than 15 years of age if
19     the child is enrolled in an approved driver education
20     course as defined in Section 1-103 of this Code and
21     requires an instruction permit to participate therein,
22     except that an instruction permit may be issued under the
23     provisions of Section 6-107.1 to a child who is 17 years
24     and 3 months of age without the child having enrolled in an
25     approved driver education course and except that an

 

 

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1     instruction permit may be issued to a child who is at least
2     15 years and 6 months of age, is enrolled in school, meets
3     the educational requirements of the Driver Education Act,
4     and has passed examinations the Secretary of State in his
5     or her discretion may prescribe;
6         2. To any person who is under the age of 18 as an
7     operator of a motorcycle other than a motor driven cycle
8     unless the person has, in addition to meeting the
9     provisions of Section 6-107 of this Code, successfully
10     completed a motorcycle training course approved by the
11     Illinois Department of Transportation and successfully
12     completes the required Secretary of State's motorcycle
13     driver's examination;
14         3. To any person, as a driver, whose driver's license
15     or permit has been suspended, during the suspension, nor to
16     any person whose driver's license or permit has been
17     revoked, except as provided in Sections 6-205, 6-206, and
18     6-208;
19         4. To any person, as a driver, who is a user of alcohol
20     or any other drug to a degree that renders the person
21     incapable of safely driving a motor vehicle;
22         5. To any person, as a driver, who has previously been
23     adjudged to be afflicted with or suffering from any mental
24     or physical disability or disease and who has not at the
25     time of application been restored to competency by the
26     methods provided by law;

 

 

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1         6. To any person, as a driver, who is required by the
2     Secretary of State to submit an alcohol and drug evaluation
3     or take an examination provided for in this Code unless the
4     person has successfully passed the examination and
5     submitted any required evaluation;
6         7. To any person who is required under the provisions
7     of the laws of this State to deposit security or proof of
8     financial responsibility and who has not deposited the
9     security or proof;
10         8. To any person when the Secretary of State has good
11     cause to believe that the person by reason of physical or
12     mental disability would not be able to safely operate a
13     motor vehicle upon the highways, unless the person shall
14     furnish to the Secretary of State a verified written
15     statement, acceptable to the Secretary of State, from a
16     competent medical specialist to the effect that the
17     operation of a motor vehicle by the person would not be
18     inimical to the public safety;
19         9. To any person, as a driver, who is 69 years of age
20     or older, unless the person has successfully complied with
21     the provisions of Section 6-109;
22         10. To any person convicted, within 12 months of
23     application for a license, of any of the sexual offenses
24     enumerated in paragraph 2 of subsection (b) of Section
25     6-205;
26         11. To any person who is under the age of 21 years with

 

 

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1     a classification prohibited in paragraph (b) of Section
2     6-104 and to any person who is under the age of 18 years
3     with a classification prohibited in paragraph (c) of
4     Section 6-104;
5         12. To any person who has been either convicted of or
6     adjudicated under the Juvenile Court Act of 1987 based upon
7     a violation of the Cannabis Control Act, the Illinois
8     Controlled Substances Act, or the Methamphetamine Control
9     and Community Protection Act while that person was in
10     actual physical control of a motor vehicle. For purposes of
11     this Section, any person placed on probation under Section
12     10 of the Cannabis Control Act, Section 410 of the Illinois
13     Controlled Substances Act, or Section 70 of the
14     Methamphetamine Control and Community Protection Act shall
15     not be considered convicted. Any person found guilty of
16     this offense, while in actual physical control of a motor
17     vehicle, shall have an entry made in the court record by
18     the judge that this offense did occur while the person was
19     in actual physical control of a motor vehicle and order the
20     clerk of the court to report the violation to the Secretary
21     of State as such. The Secretary of State shall not issue a
22     new license or permit for a period of one year;
23         13. To any person who is under the age of 18 years and
24     who has committed the offense of operating a motor vehicle
25     without a valid license or permit in violation of Section
26     6-101;

 

 

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1         14. To any person who is 90 days or more delinquent in
2     court ordered child support payments or has been
3     adjudicated in arrears in an amount equal to 90 days'
4     obligation or more and who has been found in contempt of
5     court for failure to pay the support, subject to the
6     requirements and procedures of Article VII of Chapter 7 of
7     the Illinois Vehicle Code;
8         14.5. To any person certified by the Illinois
9     Department of Healthcare and Family Services as being 90
10     days or more delinquent in payment of support under an
11     order of support entered by a court or administrative body
12     of this or any other State, subject to the requirements and
13     procedures of Article VII of Chapter 7 of this Code
14     regarding those certifications;
15         15. To any person released from a term of imprisonment
16     for violating Section 9-3 of the Criminal Code of 1961 or a
17     similar provision of a law of another state relating to
18     reckless homicide or for violating subparagraph (F) of
19     paragraph (1) of subsection (d) of Section 11-501 of this
20     Code relating to aggravated driving under the influence of
21     alcohol, other drug or drugs, intoxicating compound or
22     compounds, or any combination thereof, if the violation was
23     the proximate cause of a death, within 24 months of release
24     from a term of imprisonment;
25         16. To any person who, with intent to influence any act
26     related to the issuance of any driver's license or permit,

 

 

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1     by an employee of the Secretary of State's Office, or the
2     owner or employee of any commercial driver exam training
3     school licensed by the Secretary of State, or any other
4     individual authorized by the laws of this State to give
5     driving instructions or administer all or part of a
6     driver's license examination, promises or tenders to that
7     person any property or personal advantage which that person
8     is not authorized by law to accept. Any persons promising
9     or tendering such property or personal advantage shall be
10     disqualified from holding any class of driver's license or
11     permit for 120 consecutive days. The Secretary of State
12     shall establish by rule the procedures for implementing
13     this period of disqualification and the procedures by which
14     persons so disqualified may obtain administrative review
15     of the decision to disqualify;
16         17. To any person for whom the Secretary of State
17     cannot verify the accuracy of any information or
18     documentation submitted in application for a driver's
19     license; or
20         18. To any person who has been adjudicated under the
21     Juvenile Court Act of 1987 based upon an offense that is
22     determined by the court to have been committed in
23     furtherance of the criminal activities of an organized
24     gang, as provided in Section 5-710 of that Act, and that
25     involved the operation or use of a motor vehicle or the use
26     of a driver's license or permit. The person shall be denied

 

 

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1     a license or permit for the period determined by the court.
2     The Secretary of State shall retain all conviction
3 information, if the information is required to be held
4 confidential under the Juvenile Court Act of 1987.
5 (Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08;
6 95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff.
7 8-21-08.)
 
8     (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
9     Sec. 6-401. Driver exam training schools for preparation
10 for examination given by Secretary of State-license required.
11 No person, firm, association, partnership or corporation shall
12 operate a driver exam training school or engage in the business
13 of giving instruction for hire or for a fee in the driving of
14 motor vehicles for or in the preparation of an applicant for
15 examination given by the Secretary of State for a drivers
16 license or permit, unless a license therefor has been issued by
17 the Secretary. No public schools or educational institutions
18 shall contract with entities engaged in the business of giving
19 instruction for hire or for a fee in the driving of motor
20 vehicles for or in the preparation of an applicant for
21 examination given by the Secretary of State for a driver's
22 license or permit, unless a license therefor has been issued by
23 the Secretary.
24     This Section shall not apply to (i) public schools or to
25 educational institutions in which driving instruction is part

 

 

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1 of the curriculum, or (ii) to employers giving instruction to
2 their employees, or (iii) schools that teach enhanced driving
3 skills to licensed drivers as set forth in Article X of Chapter
4 6 of this Code.
5 (Source: P.A. 93-408, eff. 1-1-04.)
 
6     (625 ILCS 5/Ch. 6 Art. IV heading)
7
ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS

 
8     (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)
9     Sec. 6-402. Qualifications of driver exam training
10 schools. In order to qualify for a license to operate a driver
11 exam training school, each applicant must:
12         (a) be of good moral character;
13         (b) be at least 21 years of age;
14         (c) maintain an established place of business open to
15     the public which meets the requirements of Section 6-403
16     through 6-407;
17         (d) maintain bodily injury and property damage
18     liability insurance on motor vehicles while used in driving
19     exam instruction, insuring the liability of the driving
20     school, the driving instructors and any person taking
21     instruction in at least the following amounts: $50,000 for
22     bodily injury to or death of one person in any one accident
23     and, subject to said limit for one person, $100,000 for
24     bodily injury to or death of 2 or more persons in any one

 

 

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1     accident and the amount of $10,000 for damage to property
2     of others in any one accident. Evidence of such insurance
3     coverage in the form of a certificate from the insurance
4     carrier shall be filed with the Secretary of State, and
5     such certificate shall stipulate that the insurance shall
6     not be cancelled except upon 10 days prior written notice
7     to the Secretary of State. The decal showing evidence of
8     insurance shall be affixed to the windshield of the
9     vehicle;
10         (e) provide a continuous surety company bond in the
11     principal sum of $20,000 for the protection of the
12     contractual rights of students in such form as will meet
13     with the approval of the Secretary of State and written by
14     a company authorized to do business in this State. However,
15     the aggregate liability of the surety for all breaches of
16     the condition of the bond in no event shall exceed the
17     principal sum of $20,000. The surety on any such bond may
18     cancel such bond on giving 30 days notice thereof in
19     writing to the Secretary of State and shall be relieved of
20     liability for any breach of any conditions of the bond
21     which occurs after the effective date of cancellation;
22         (f) have the equipment necessary to the giving of
23     proper instruction in the operation of motor vehicles;
24         (g) have and use a business telephone listing for all
25     business purposes;
26         (h) pay to the Secretary of State an application fee of

 

 

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1     $500 and $50 for each branch application; and
2         (i) authorize an investigation to include a
3     fingerprint based background check to determine if the
4     applicant has ever been convicted of a crime and if so, the
5     disposition of those convictions. The authorization shall
6     indicate the scope of the inquiry and the agencies that may
7     be contacted. Upon this authorization, the Secretary of
8     State may request and receive information and assistance
9     from any federal, State, or local governmental agency as
10     part of the authorized investigation. Each applicant shall
11     have his or her fingerprints submitted to the Department of
12     State Police in the form and manner prescribed by the
13     Department of State Police. The fingerprints shall be
14     checked against the Department of State Police and Federal
15     Bureau of Investigation criminal history record
16     information databases. The Department of State Police
17     shall charge a fee for conducting the criminal history
18     records check, which shall be deposited in the State Police
19     Services Fund and shall not exceed the actual cost of the
20     records check. The applicant shall be required to pay all
21     related fingerprint fees including, but not limited to, the
22     amounts established by the Department of State Police and
23     the Federal Bureau of Investigation to process fingerprint
24     based criminal background investigations. The Department
25     of State Police shall provide information concerning any
26     criminal convictions and disposition of criminal

 

 

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1     convictions brought against the applicant upon request of
2     the Secretary of State provided that the request is made in
3     the form and manner required by the Department of the State
4     Police. Unless otherwise prohibited by law, the
5     information derived from the investigation including the
6     source of the information and any conclusions or
7     recommendations derived from the information by the
8     Secretary of State shall be provided to the applicant, or
9     his designee, upon request to the Secretary of State, prior
10     to any final action by the Secretary of State on the
11     application. Any criminal convictions and disposition
12     information obtained by the Secretary of State shall be
13     confidential and may not be transmitted outside the Office
14     of the Secretary of State, except as required herein, and
15     may not be transmitted to anyone within the Office of the
16     Secretary of State except as needed for the purpose of
17     evaluating the applicant. The information obtained from
18     the investigation may be maintained by the Secretary of
19     State or any agency to which the information was
20     transmitted. Only information and standards, which bear a
21     reasonable and rational relation to the performance of a
22     driver exam training school owner, shall be used by the
23     Secretary of State. Any employee of the Secretary of State
24     who gives or causes to be given away any confidential
25     information concerning any criminal charges or disposition
26     of criminal charges of an applicant shall be guilty of a

 

 

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1     Class A misdemeanor, unless release of the information is
2     authorized by this Section.
3     No license shall be issued under this Section to a person
4 who is a spouse, offspring, sibling, parent, grandparent,
5 grandchild, uncle or aunt, nephew or niece, cousin, or in-law
6 of the person whose license to do business at that location has
7 been revoked or denied or to a person who was an officer or
8 employee of a business firm that has had its license revoked or
9 denied, unless the Secretary of State is satisfied the
10 application was submitted in good faith and not for the purpose
11 or effect of defeating the intent of this Code.
12 (Source: P.A. 93-408, eff. 1-1-04.)
 
13     (625 ILCS 5/6-403)  (from Ch. 95 1/2, par. 6-403)
14     Sec. 6-403. Established Place of Business.
15     The established place of business of each driver exam
16 training school must be owned or leased by the driver exam
17 training school and regularly occupied and primarily used by
18 that driver exam training school for the business of selling
19 and giving driving instructions for hire or for a fee, and the
20 business of preparing members of the public for examination
21 given by the Secretary of State for a drivers license.
22 (Source: P.A. 76-1586.)
 
23     (625 ILCS 5/6-404)  (from Ch. 95 1/2, par. 6-404)
24     Sec. 6-404. Location of Schools.

 

 

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1     The established place of business of each driver exam
2 training school must be located in a district which is zoned
3 for business or commercial purposes. The driver exam training
4 school office must have a permanent sign clearly readable from
5 the street, from a distance of no less than 100 feet, with the
6 name of the driving exam school upon it.
7 (Source: P.A. 76-1753.)
 
8     (625 ILCS 5/6-405)  (from Ch. 95 1/2, par. 6-405)
9     Sec. 6-405. Restrictions of Locations.
10     The established place of business, or branch office, branch
11 class room or advertised address of any driver exam training
12 school shall not consist of or include a house trailer,
13 residence, tent, temporary stand, temporary address, office
14 space, a room or rooms in a hotel, rooming house or apartment
15 house, or premises occupied by a single or multiple unit
16 dwelling house or telephone answering service.
17 (Source: P.A. 76-1586.)
 
18     (625 ILCS 5/6-406)  (from Ch. 95 1/2, par. 6-406)
19     Sec. 6-406. Required Facilities.
20     (a) The established place of business of each driver exam
21 training school must consist of at least the following
22 permanent facilities:
23     (1) An office facility;
24     (2) A class room facility.

 

 

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1     (b) The main class room facility of each driver exam
2 training school must be reasonably accessible to the main
3 office facility of the driver exam training school.
4     (c) All class room facilities must have adequate lighting,
5 heating, ventilation, and must comply with all state, and local
6 laws relating to public health, safety and sanitation.
7     (d) The main office facility and branch office facility of
8 each driver exam training school must contain sufficient space,
9 equipment, records and personnel to carry on the business of
10 the driver exam training school. The main office facility must
11 be specifically devoted to driver exam training school
12 business.
13     (e) A driver exam training school which as an established
14 place of business and a main office facility, may operate a
15 branch office or a branch class room provided that all the
16 requirements for the main office or main class room are met and
17 that such branch office bears the same name and is operated as
18 a part of the same business entity as the main office facility.
19     (f) No driver exam training school may share any main or
20 branch facility or facilities with any other driver exam
21 training school.
22 (Source: P.A. 76-1586.)
 
23     (625 ILCS 5/6-407)  (from Ch. 95 1/2, par. 6-407)
24     Sec. 6-407. Locations and State Facilities.
25     No office or place of business of a driver exam training

 

 

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1 school shall be established within 1,500 feet of any building
2 used as an office by any department of the Secretary of State
3 having to do with the administration of any laws relating to
4 motor vehicles, nor may any driving school solicit or advertise
5 for business within 1,500 feet of any building used as an
6 office by the Secretary of State having to do with the
7 administration of any laws relating to motor vehicles.
8 (Source: P.A. 76-1586.)
 
9     (625 ILCS 5/6-408)  (from Ch. 95 1/2, par. 6-408)
10     Sec. 6-408. Records.
11     All driver exam training schools licensed by the Secretary
12 of State must maintain a permanent record of instructions given
13 to each student. The record must contain the name of the school
14 and the name of the student, the number of all licenses or
15 permits held by the student, the type and date of instruction
16 given, whether class room or behind the wheel, and the
17 signature of the instructor.
18     All permanent student instruction records must be kept on
19 file in the main office of each driver exam training school for
20 a period of 3 calendar years after the student has ceased
21 taking instruction at or with the school.
22     The records should show the fees and charges of the school
23 and also the record should show the course content and
24 instructions given to each student.
25 (Source: P.A. 76-1754.)
 

 

 

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1     (625 ILCS 5/6-408.5)
2     Sec. 6-408.5. Courses for students or high school dropouts;
3 limitation.
4     (a) No driver exam training school or driving exam training
5 instructor licensed under this Act may request a certificate of
6 completion from the Secretary of State as provided in Section
7 6-411 for any person who is enrolled as a student in any public
8 or non-public secondary school at the time such instruction is
9 to be provided, or who was so enrolled during the semester last
10 ended if that instruction is to be provided between semesters
11 or during the summer after the regular school term ends, unless
12 that student has received a passing grade in at least 8 courses
13 during the 2 semesters last ending prior to requesting a
14 certificate of completion from the Secretary of State for the
15 student.
16     (b) No driver exam training school or driving exam training
17 instructor licensed under this Act may request a certificate of
18 completion from the Secretary of State as provided in Section
19 6-411 for any person who has dropped out of school and has not
20 yet attained the age of 18 years unless the driver exam
21 training school or driving exam training instructor has: 1)
22 obtained written documentation verifying the dropout's
23 enrollment in a GED or alternative education program or has
24 obtained a copy of the dropout's GED certificate; 2) obtained
25 verification that the student prior to dropping out had

 

 

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1 received a passing grade in at least 8 courses during the 2
2 previous semesters last ending prior to requesting a
3 certificate of completion; or 3) obtained written consent from
4 the dropout's parents or guardians and the regional
5 superintendent.
6     (c) Students shall be informed of the eligibility
7 requirements of this Act in writing at the time of
8 registration.
9     (d) The superintendent of schools of the school district in
10 which the student resides and attends school or in which the
11 student resides at the time he or she drops out of school (with
12 respect to a public high school student or a dropout from the
13 public high school) or the chief school administrator (with
14 respect to a student who attends a non-public high school or a
15 dropout from a non-public high school) may waive the
16 requirements of this Section if the superintendent or chief
17 school administrator, as the case may be, deems it to be in the
18 best interests of the student or dropout. Before requesting a
19 certificate of completion from the Secretary of State for any
20 person who is enrolled as a student in any public or non-public
21 secondary school or who was so enrolled in the semester last
22 ending prior to the request for a certificate of completion
23 from the Secretary of State or who is of high school age, the
24 driver exam training school shall determine from the school
25 district in which that person resides or resided at the time of
26 dropping out of school, or from the chief administrator of the

 

 

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1 non-public high school attended or last attended by such
2 person, as the case may be, that such person is not ineligible
3 to receive a certificate of completion under this Section.
4 (Source: P.A. 93-408, eff. 1-1-04.)
 
5     (625 ILCS 5/6-409)  (from Ch. 95 1/2, par. 6-409)
6     Sec. 6-409. Display of License.
7     Each driver exam training school must display at a
8 prominent place in its main office all of the following:
9     (a) The State license issued to the school;
10     (b) The names and addresses and State instructors licenses
11 of all instructors employed by the school;
12     (c) The address of all branch offices and branch class
13 rooms.
14 (Source: P.A. 76-1586.)
 
15     (625 ILCS 5/6-410)  (from Ch. 95 1/2, par. 6-410)
16     Sec. 6-410. Vehicle inspections. The Department of
17 Transportation shall provide for the inspection of all motor
18 vehicles used for driver exam training, and shall issue a
19 safety inspection sticker provided:
20     (a) The motor vehicle has been inspected by the Department
21 and found to be in safe mechanical condition;
22     (b) The motor vehicle is equipped with dual control brakes
23 and a mirror on each side of the motor vehicle so located as to
24 reflect to the driver a view of the highway for a distance of

 

 

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1 at least 200 feet to the rear of such motor vehicle; and
2     (c) The motor vehicle is equipped with a sign or signs
3 visible from the front and the rear in letters no less than 2
4 inches tall, listing the full name of the driver exam training
5 school which has registered and insured the motor vehicle.
6 (Source: P.A. 85-951.)
 
7     (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)
8     Sec. 6-411. Qualifications of Driver Exam Training
9 Instructors. In order to qualify for a license as an instructor
10 for a driving exam school, an applicant must:
11         (a) Be of good moral character;
12         (b) Authorize an investigation to include a
13     fingerprint based background check to determine if the
14     applicant has ever been convicted of a crime and if so, the
15     disposition of those convictions; this authorization shall
16     indicate the scope of the inquiry and the agencies which
17     may be contacted. Upon this authorization the Secretary of
18     State may request and receive information and assistance
19     from any federal, state or local governmental agency as
20     part of the authorized investigation. Each applicant shall
21     submit his or her fingerprints to the Department of State
22     Police in the form and manner prescribed by the Department
23     of State Police. These fingerprints shall be checked
24     against the fingerprint records now and hereafter filed in
25     the Department of State Police and Federal Bureau of

 

 

09600SB2217ham001 - 22 - LRB096 11545 AJT 25162 a

1     Investigation criminal history records databases. The
2     Department of State Police shall charge a fee for
3     conducting the criminal history records check, which shall
4     be deposited in the State Police Services Fund and shall
5     not exceed the actual cost of the records check. The
6     applicant shall be required to pay all related fingerprint
7     fees including, but not limited to, the amounts established
8     by the Department of State Police and the Federal Bureau of
9     Investigation to process fingerprint based criminal
10     background investigations. The Department of State Police
11     shall provide information concerning any criminal
12     convictions, and their disposition, brought against the
13     applicant upon request of the Secretary of State when the
14     request is made in the form and manner required by the
15     Department of State Police. Unless otherwise prohibited by
16     law, the information derived from this investigation
17     including the source of this information, and any
18     conclusions or recommendations derived from this
19     information by the Secretary of State shall be provided to
20     the applicant, or his designee, upon request to the
21     Secretary of State, prior to any final action by the
22     Secretary of State on the application. Any criminal
23     convictions and their disposition information obtained by
24     the Secretary of State shall be confidential and may not be
25     transmitted outside the Office of the Secretary of State,
26     except as required herein, and may not be transmitted to

 

 

09600SB2217ham001 - 23 - LRB096 11545 AJT 25162 a

1     anyone within the Office of the Secretary of State except
2     as needed for the purpose of evaluating the applicant. The
3     information obtained from this investigation may be
4     maintained by the Secretary of State or any agency to which
5     such information was transmitted. Only information and
6     standards which bear a reasonable and rational relation to
7     the performance of a driver exam training instructor shall
8     be used by the Secretary of State. Any employee of the
9     Secretary of State who gives or causes to be given away any
10     confidential information concerning any criminal charges
11     and their disposition of an applicant shall be guilty of a
12     Class A misdemeanor unless release of such information is
13     authorized by this Section;
14         (c) Pass such examination as the Secretary of State
15     shall require on (1) traffic laws, (2) safe driving
16     practices, (3) operation of motor vehicles, and (4)
17     qualifications of teacher;
18         (d) Be physically able to operate safely a motor
19     vehicle and to train others in the operation of motor
20     vehicles. An instructors license application must be
21     accompanied by a medical examination report completed by a
22     competent physician licensed to practice in the State of
23     Illinois;
24         (e) Hold a valid Illinois drivers license;
25         (f) Have graduated from an accredited high school after
26     at least 4 years of high school education or the

 

 

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1     equivalent; and
2         (g) Pay to the Secretary of State an application and
3     license fee of $70.
4     If a driver exam training school class room instructor
5 teaches an approved driver education course, as defined in
6 Section 1-103 of this Code, to students under 18 years of age,
7 he or she shall furnish to the Secretary of State a certificate
8 issued by the State Board of Education that the said instructor
9 is qualified and meets the minimum educational standards for
10 teaching driver education courses in the local public or
11 parochial school systems, except that no State Board of
12 Education certification shall be required of any instructor who
13 teaches exclusively in a commercial driving school. On and
14 after July 1, 1986, the existing rules and regulations of the
15 State Board of Education concerning commercial driving schools
16 shall continue to remain in effect but shall be administered by
17 the Secretary of State until such time as the Secretary of
18 State shall amend or repeal the rules in accordance with the
19 Illinois Administrative Procedure Act. Upon request, the
20 Secretary of State shall issue a certificate of completion to a
21 student under 18 years of age who has completed an approved
22 driver education course at a commercial driving school.
23 (Source: P.A. 95-331, eff. 8-21-07.)
 
24     (625 ILCS 5/6-412)  (from Ch. 95 1/2, par. 6-412)
25     Sec. 6-412. Issuance of Licenses to Driver Exam Training

 

 

09600SB2217ham001 - 25 - LRB096 11545 AJT 25162 a

1 Schools and Driver Exam Training Instructors.
2     The Secretary of State shall issue a license certificate to
3 each applicant to conduct a driver exam training school or to
4 each driver exam training instructor when the Secretary of
5 State is satisfied that such person has met the qualifications
6 required under this Act.
7 (Source: P.A. 76-1586.)
 
8     (625 ILCS 5/6-413)  (from Ch. 95 1/2, par. 6-413)
9     Sec. 6-413. Expiration of Licenses. All outstanding
10 licenses issued to any driver exam training school or driver
11 exam training instructor under this Act shall expire by
12 operation of law 24 months from the date of issuance, unless
13 sooner cancelled, suspended or revoked under the provisions of
14 Section 6-420.
15 (Source: P.A. 93-408, eff. 1-1-04.)
 
16     (625 ILCS 5/6-414)  (from Ch. 95 1/2, par. 6-414)
17     Sec. 6-414. Renewal of Licenses. The license of each driver
18 exam training school may be renewed subject to the same
19 conditions as the original license, and upon the payment of a
20 renewal license fee of $500 and $50 for each renewal of a
21 branch application.
22 (Source: P.A. 93-408, eff. 1-1-04.)
 
23     (625 ILCS 5/6-415)  (from Ch. 95 1/2, par. 6-415)

 

 

09600SB2217ham001 - 26 - LRB096 11545 AJT 25162 a

1     Sec. 6-415. Renewal Fee. The license of each driver exam
2 training instructor may be renewed subject to the same
3 conditions of the original license, and upon the payment of
4 annual renewal license fee of $70.
5 (Source: P.A. 93-408, eff. 1-1-04.)
 
6     (625 ILCS 5/6-416)  (from Ch. 95 1/2, par. 6-416)
7     Sec. 6-416. Licenses: Form and Filing. All applications for
8 renewal of a driver exam training school license or driver exam
9 training instructor's license shall be on a form prescribed by
10 the Secretary, and must be filed with the Secretary not less
11 than 15 days preceding the expiration date of the license to be
12 renewed.
13 (Source: P.A. 87-829; 87-832.)
 
14     (625 ILCS 5/6-417)  (from Ch. 95 1/2, par. 6-417)
15     Sec. 6-417. Instructor's license.
16     Each driver exam training instructor's license shall
17 authorize the licensee to instruct only at or for the driver
18 exam training school indicated on the license. The Secretary
19 shall not issue a driver training instructor's license to any
20 individual who is licensed to instruct at or for another driver
21 exam training school.
22 (Source: P.A. 76-1586.)
 
23     (625 ILCS 5/6-419)  (from Ch. 95 1/2, par. 6-419)

 

 

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1     Sec. 6-419. Rules and Regulations.
2     The Secretary is authorized to prescribe by rule standards
3 for the eligibility, conduct and operation of driver exam
4 training schools, and instructors and to adopt other reasonable
5 rules and regulations necessary to carry out the provisions of
6 this Act.
7 (Source: P.A. 76-1586.)
 
8     (625 ILCS 5/6-420)  (from Ch. 95 1/2, par. 6-420)
9     Sec. 6-420. Denial, Cancellation, Suspension, Revocation
10 and Failure to Renew License. The Secretary may deny, cancel,
11 suspend or revoke, or refuse to renew any driver exam training
12 school license or any driver exam training instructor license:
13     (1) When the Secretary is satisfied that the licensee fails
14 to meet the requirements to receive or hold a license under
15 this Code;
16     (2) Whenever the licensee fails to keep the records
17 required by this Code;
18     (3) Whenever the licensee permits fraud or engages in
19 fraudulent practices either with reference to a student or the
20 Secretary, or induces or countenances fraud or fraudulent
21 practices on the part of any applicant for a driver's license
22 or permit;
23     (4) Whenever the licensee fails to comply with any
24 provision of this Code or any rule of the Secretary made
25 pursuant thereto;

 

 

09600SB2217ham001 - 28 - LRB096 11545 AJT 25162 a

1     (5) Whenever the licensee represents himself as an agent or
2 employee of the Secretary or uses advertising designed to lead
3 or which would reasonably have the effect of leading persons to
4 believe that such licensee is in fact an employee or
5 representative of the Secretary;
6     (6) Whenever the licensee or any employee or agent of the
7 licensee solicits driver training or instruction in an office
8 of any department of the Secretary of State having to do with
9 the administration of any law relating to motor vehicles, or
10 within 1,500 feet of any such office;
11     (7) Whenever the licensee is convicted of driving while
12 under the influence of alcohol, other drugs, or a combination
13 thereof; leaving the scene of an accident; reckless homicide or
14 reckless driving; or
15     (8) Whenever a driver exam training school advertises that
16 a driver's license is guaranteed upon completion of the course
17 of instruction.
18 (Source: P.A. 85-951.)
 
19     (625 ILCS 5/6-422)  (from Ch. 95 1/2, par. 6-422)
20     Sec. 6-422. Prior law and licenses thereunder.
21     This Act shall not affect the validity of any outstanding
22 license issued to any driver exam training school or driver
23 exam training instructor by the Secretary of State under any
24 prior law, nor shall this Act affect the validity or legality
25 of any contract, agreement or undertaking entered into by any

 

 

09600SB2217ham001 - 29 - LRB096 11545 AJT 25162 a

1 driver exam training school or driver exam training instructor,
2 or any person, firm, corporation, partnership or association
3 based on those provisions of any prior law.
4 (Source: P.A. 76-1586.)
 
5     (625 ILCS 5/Ch. 6 Art. X heading new)
6
ARTICLE X. ENHANCED SKILLS DRIVING SCHOOLS

 
7     (625 ILCS 5/6-1001 new)
8     Sec. 6-1001. Enhanced skills driving schools.
9     (a) As used in this Code, "enhanced skills driving school"
10 means a school for teaching advanced driving skills, such as
11 emergency braking, crash avoidance, and defensive driving
12 techniques to licensed drivers for a fee, and does not mean a
13 school for preparing students for examinations given the by
14 Secretary of State.
15     (b) No person, firm, association, partnership, or
16 corporation shall operate an enhanced skills driving school
17 unless issued a license by the Secretary. No enhanced skills
18 driving school may prepare students for examinations given by
19 the Secretary of State unless the school is also licensed under
20 Article IV of Chapter 6 of this Code.
21     (c) All behind-the-wheel instructions, practice, and
22 experience offered by enhanced skills driving schools shall be
23 on private property, such as race course facilities. The
24 Secretary of State shall have the authority to inspect all

 

 

09600SB2217ham001 - 30 - LRB096 11545 AJT 25162 a

1 facilities and to adopt rules to provide standards for enhanced
2 skills driving school facilities. No behind-the-wheel
3 instruction, practice, or experience may be given on public
4 roadways.
5     (d) The curriculum for courses and programs offered by
6 enhanced skills driving schools shall be reviewed and approved
7 by the Secretary.
 
8     (625 ILCS 5/6-1002 new)
9     Sec. 6-1002. Enhanced skills driving school
10 qualifications. In order to qualify for a license to operate an
11 enhanced skills driving school, each applicant must:
12         (1) Be of good moral character;
13         (2) Be at least 21 years of age;
14         (3) Maintain bodily injury and property damage
15     liability insurance on motor vehicles while used in driving
16     instruction, insuring the liability of the driving school,
17     the driving instructors and any person taking instruction
18     in at least the following amounts: $500,000 for bodily
19     injury to or death of one person in any one accident and,
20     subject to said limit for one person, $1,000,000 for bodily
21     injury to or death of 2 or more persons in any one accident
22     and the amount of $100,000 for damage to property of others
23     in any one accident. Evidence of such insurance coverage in
24     the form of a certificate from the insurance carrier shall
25     be filed with the Secretary of State, and such certificate

 

 

09600SB2217ham001 - 31 - LRB096 11545 AJT 25162 a

1     shall stipulate that the insurance shall not be cancelled
2     except upon 10 days' prior written notice to the Secretary
3     of State;
4         (4) Have the equipment necessary to the giving of
5     proper instruction in the operation of motor vehicles; and
6         (5) Pay to the Secretary of State an application fee of
7     $500 and $50 for each branch application.
 
8     (625 ILCS 5/6-1003 new)
9     Sec. 6-1003. Display of license. Each enhanced skills
10 driving school must display at a prominent place in its main
11 office all of the following:
12         (1) The State license issued to the school;
13         (2) The names, addresses, and State instructors
14     license numbers of all instructors employed by the school;
15     and
16         (3) The addresses of each branch office and branch
17     classrooms.
 
18     (625 ILCS 5/6-1004 new)
19     Sec. 6-1004. Qualifications of enhanced skills driving
20 school instructors. In order to qualify for a license as an
21 instructor for an enhanced skills driving school, an applicant
22 must:
23         (1) Be of good moral character;
24         (2) Have never been convicted of driving while under

 

 

09600SB2217ham001 - 32 - LRB096 11545 AJT 25162 a

1     the influence of alcohol, other drugs, or a combination
2     thereof; leaving the scene of an accident; reckless
3     homicide or reckless driving;
4         (3) Be physically able to operate safely a motor
5     vehicle and to train others in the operation of motor
6     vehicles;
7         (4) Hold a valid drivers license; and
8         (5) Pay to the Secretary of State an application and
9     license fee of $70.
 
10     (625 ILCS 5/6-1005 new)
11     Sec. 6-1005. Renewal of license; enhanced skills driving
12 school. The license of each enhanced skills driving school may
13 be renewed subject to the same conditions as the original
14 license, and upon the payment of a renewal license fee of $500
15 and $50 for each renewal of a branch application.
 
16     (625 ILCS 5/6-1006 new)
17     Sec. 6-1006. Renewal of license; enhanced skills driving
18 school instructor. The license of each enhanced skills driving
19 school instructor may be renewed subject to the same conditions
20 of the original license, and upon the payment of annual renewal
21 license fee of $70.
 
22     (625 ILCS 5/6-1007 new)
23     Sec. 6-1007. Licenses; form and filing. All applications

 

 

09600SB2217ham001 - 33 - LRB096 11545 AJT 25162 a

1 for renewal of an enhanced skills driving school license or
2 instructor's license shall be on a form prescribed by the
3 Secretary, and must be filed with the Secretary not less than
4 15 days preceding the expiration date of the license to be
5 renewed.
 
6     (625 ILCS 5/6-1008 new)
7     Sec. 6-1008. Instructor's records. Every enhanced skills
8 driving school shall keep records regarding instructors,
9 students, courses, and equipment, as required by
10 administrative rules prescribed by the Secretary. Such records
11 shall be open to the inspection of the Secretary or his
12 representatives at all reasonable times.
 
13     (625 ILCS 5/6-1009 new)
14     Sec. 6-1009. Denial, cancellation, suspension, revocation,
15 and failure to renew license. The Secretary may deny, cancel,
16 suspend or revoke, or refuse to renew any enhanced skills
17 driving school license or any enhanced skills driving school
18 instructor license:
19         (1) When the Secretary is satisfied that the licensee
20     fails to meet the requirements to receive or hold a license
21     under this Code;
22         (2) Whenever the licensee fails to keep records
23     required by this Code or by any rule prescribed by the
24     Secretary;

 

 

09600SB2217ham001 - 34 - LRB096 11545 AJT 25162 a

1         (3) Whenever the licensee fails to comply with any
2     provision of this Code or any rule of the Secretary made
3     pursuant thereto;
4         (4) Whenever the licensee represents himself or
5     herself as an agent or employee of the Secretary or uses
6     advertising designed to lead or which would reasonably have
7     the effect of leading persons to believe that such licensee
8     is in fact an employee or representative of the Secretary;
9         (5) Whenever the licensee or any employee or agent of
10     the licensee solicits driver training or instruction in an
11     office of any department of the Secretary of State having
12     to do with the administration of any law relating to motor
13     vehicles, or within 1,500 feet of any such office; or
14         (6) Whenever the licensee is convicted of driving while
15     under the influence of alcohol, other drugs, or a
16     combination thereof; leaving the scene of an accident;
17     reckless homicide or reckless driving.
 
18     (625 ILCS 5/6-1010 new)
19     Sec. 6-1010. Judicial review. The action of the Secretary
20 in canceling, suspending, revoking, or denying any license
21 under this Article shall be subject to judicial review in the
22 Circuit Court of Sangamon County or the Circuit Court of Cook
23 County, and the provisions of the Administrative Review Law and
24 the rules adopted pursuant thereto are hereby adopted and shall
25 apply to and govern every action for judicial review of the

 

 

09600SB2217ham001 - 35 - LRB096 11545 AJT 25162 a

1 final acts or decisions of the Secretary under this Article.
 
2     (625 ILCS 5/6-1011 new)
3     Sec. 6-1011. Injunctions. If any person, firm,
4 association, partnership, or corporation operates in violation
5 of any provision of this Article, or any rule, regulation,
6 order, or decision of the Secretary of State established under
7 this Article, or in violation of any term, condition, or
8 limitation of any license issued under this Article, the
9 Secretary of State, or any other person injured as a result, or
10 any interested person, may apply to the circuit court of the
11 county where the violation or some part occurred, or where the
12 person complained of has an established or additional place of
13 business or resides, to prevent the violation. The court may
14 enforce compliance by injunction or other process restraining
15 the person from further violation and compliance.
 
16     (625 ILCS 5/6-1012 new)
17     Sec. 6-1012. Rules and regulations. The Secretary is
18 authorized to prescribe by rule standards for the eligibility,
19 conduct, and operation of enhanced driver skills training
20 schools, and instructors and to adopt other reasonable rules
21 and regulations necessary to carry out the provisions of this
22 Article.
 
23     (625 ILCS 5/6-1013 new)

 

 

09600SB2217ham001 - 36 - LRB096 11545 AJT 25162 a

1     Sec. 6-1013. Deposit of fees. Fees collected under this
2 Article shall be deposited into the Road Fund.
 
3     Section 15. The Criminal Code of 1961 is amended by
4 changing Section 33-6 as follows:
 
5     (720 ILCS 5/33-6)
6     Sec. 33-6. Bribery to obtain driving privileges.
7     (a) A person commits the offense of bribery to obtain
8 driving privileges when:
9         (1) with intent to influence any act related to the
10     issuance of any driver's license or permit by an employee
11     of the Illinois Secretary of State's Office, or the owner
12     or employee of any commercial driver exam training school
13     licensed by the Illinois Secretary of State, or any other
14     individual authorized by the laws of this State to give
15     driving instructions or administer all or part of a
16     driver's license examination, he or she promises or tenders
17     to that person any property or personal advantage which
18     that person is not authorized by law to accept; or
19         (2) with intent to cause any person to influence any
20     act related to the issuance of any driver's license or
21     permit by an employee of the Illinois Secretary of State's
22     Office, or the owner or employee of any commercial driver
23     exam training school licensed by the Illinois Secretary of
24     State, or any other individual authorized by the laws of

 

 

09600SB2217ham001 - 37 - LRB096 11545 AJT 25162 a

1     this State to give driving instructions or administer all
2     or part of a driver's license examination, he or she
3     promises or tenders to that person any property or personal
4     advantage which that person is not authorized by law to
5     accept; or
6         (3) as an employee of the Illinois Secretary of State's
7     Office, or the owner or employee of any commercial driver
8     exam training school licensed by the Illinois Secretary of
9     State, or any other individual authorized by the laws of
10     this State to give driving instructions or administer all
11     or part of a driver's license examination, solicits,
12     receives, retains, or agrees to accept any property or
13     personal advantage that he or she is not authorized by law
14     to accept knowing that such property or personal advantage
15     was promised or tendered with intent to influence the
16     performance of any act related to the issuance of any
17     driver's license or permit; or
18         (4) as an employee of the Illinois Secretary of State's
19     Office, or the owner or employee of any commercial driver
20     exam training school licensed by the Illinois Secretary of
21     State, or any other individual authorized by the laws of
22     this State to give driving instructions or administer all
23     or part of a driver's license examination, solicits,
24     receives, retains, or agrees to accept any property or
25     personal advantage pursuant to an understanding that he or
26     she shall improperly influence or attempt to influence the

 

 

09600SB2217ham001 - 38 - LRB096 11545 AJT 25162 a

1     performance of any act related to the issuance of any
2     driver's license or permit.
3     (b) Sentence. Bribery to obtain driving privileges is a
4 Class 2 felony.
5 (Source: P.A. 93-783, eff. 1-1-05.)".