Public Act 096-0740
 		





SB2217 Enrolled
LRB096 11545 WGH 22027 b






    AN ACT concerning transportation.

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



 
    Section 5. The Department of Transportation Law of the 
Civil Administrative Code of Illinois is amended by changing 
Section 2705-125 as follows:
 



    (20 ILCS 2705/2705-125)  (was 20 ILCS 2705/49.22)


    Sec. 2705-125. 
Safety inspection of motor vehicles; 
transfer from various
State agencies. The Department has the 
power to administer,
exercise, and enforce the rights, powers, 
and
duties presently vested in the Department of State Police

and the Division of State Troopers under the Illinois Vehicle 
Inspection
Law, in the Illinois
Commerce Commission, in the 
State Board of Education, and in
the Secretary of State under 
laws relating to the safety inspection of
motor vehicles 
operated by common carriers, of school buses, and of motor

vehicles used in the transportation of school children and 
motor
vehicles used in driver exam training schools for hire 
licensed under Article
IV of the Illinois Driver Licensing Law 
or under any other law
relating to
the safety inspection of 
motor vehicles of the second division as
defined in the 
Illinois Vehicle Code.

(Source: P.A. 91-239, eff. 1-1-00.)


 
    Section 10. The Illinois Vehicle Code is amended  by 
changing the heading of Article IV of Chapter 6 and Sections 
1-103, 6-103, 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, 6-407, 
6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, 6-414, 
6-415, 6-416, 6-417, 6-419, 6-420, and 6-422 and  by adding 
Article X to Chapter 6 as follows:
 



    (625 ILCS 5/1-103)  (from Ch. 95 1/2, par. 1-103)



    Sec. 1-103. Approved driver education course. (a) Any 
course of driver education approved by the State Board of 
Education,
offered by public or private schools maintaining

grades 9 through 12, and meeting at least the minimum 
requirements of
the "Driver Education Act", as now or hereafter 
amended, or (b) any
course of driver education offered by a 
school licensed to give driver
education instructions under 
this Act which meets at least the minimum
educational 
requirements of the "Driver Education Act", as now or
hereafter 
amended, and is approved by the State Board of Education, or

(c) any course of driver education
given in another State
to an 
Illinois resident attending school in such State and approved 
by
the State administrator of the Driver Education Program of 
such other
State, or (d) any course of driver education given 
at a Department of Defense Education Activity school that is 
approved by the Department of Defense Education Activity and 
taught by an adult driver education instructor or traffic 
safety officer.

(Source: P.A. 81-1508.)

 



    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)


    Sec. 6-103. What persons shall not be licensed as drivers 
or granted
permits.  The Secretary of State shall not issue, 
renew, or
allow the retention of any driver's
license nor issue 
any permit under this Code:


        1. To any person, as a driver, who is under the age of 
    18 years except
as provided in Section 6-107, and except 
    that an instruction permit may be
issued under Section 
    6-107.1 to a child who
is not less than 15 years of age if 
    the child is enrolled in an approved
driver education 
    course as defined in Section 1-103 of this Code and

    requires an instruction permit to participate therein, 
    except that an
instruction permit may be issued under the 
    provisions of Section 6-107.1
to a child who is 17 years 
    and 3 months of age without the child having
enrolled in an

    approved driver education course and except that an

    instruction permit may be issued to a child who is at least 
    15 years and 6
months of age, is enrolled in school, meets 
    the educational requirements of
the Driver Education Act, 
    and has passed examinations the Secretary of State in
his 
    or her discretion may prescribe;


        2. To any person who is under the age of 18 as an 
    operator of a motorcycle
other than a motor driven cycle 
    unless the person has, in addition to
meeting the 
    provisions of Section 6-107 of this Code, successfully

    completed a motorcycle
training course approved by the 
    Illinois Department of Transportation and
successfully 
    completes the required Secretary of State's motorcycle 
    driver's
examination;


        3. To any person, as a driver, whose driver's license 
    or permit has been
suspended, during the suspension, nor to 
    any person whose driver's license or
permit has been 
    revoked, except as provided in Sections 6-205, 6-206, and

    6-208;


        4. To any person, as a driver, who is a user of alcohol 
    or any other
drug to a degree that renders the person 
    incapable of safely driving a motor
vehicle;


        5. To any person, as a driver, who has previously been 
    adjudged to be
afflicted with or suffering from any mental 
    or physical disability or disease
and who has not at the 
    time of application been restored to competency by the

    methods provided by law;


        6. To any person, as a driver, who is required by the 
    Secretary of State
to submit an alcohol and drug evaluation 
    or take an examination provided
for in this Code unless the 
    person has
successfully passed the examination and 
    submitted any required evaluation;


        7. To any person who is required under the provisions 
    of the laws of
this State to deposit security or proof of 
    financial responsibility and who
has not deposited the 
    security or proof;


        8. To any person when the Secretary of State has good 
    cause to believe
that the person by reason of physical or 
    mental disability would not be
able to safely operate a 
    motor vehicle upon the highways, unless the
person shall 
    furnish to the Secretary of State a verified written

    statement, acceptable to the Secretary of State, from a 
    competent medical
specialist to the effect that the 
    operation of a motor vehicle by the
person would not be 
    inimical to the public safety;


        9. To any person, as a driver, who is 69 years of age 
    or older, unless
the person has successfully complied with 
    the provisions of Section 6-109;


        10. To any person convicted, within 12 months of 
    application for a
license, of any of the sexual offenses 
    enumerated in paragraph 2 of subsection
(b) of Section 
    6-205;


        11. To any person who is under the age of 21 years with 
    a classification
prohibited in paragraph (b) of Section 
    6-104 and to any person who is under
the age of 18 years 
    with a classification prohibited in paragraph (c) of

    Section 6-104;


        12. To any person who has been either convicted of or 
    adjudicated under
the Juvenile Court Act of 1987 based upon 
    a violation of the Cannabis Control
Act, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection Act while that person was in 
    actual
physical control of a motor vehicle.  For purposes of 
    this Section, any person
placed on probation under Section 
    10 of the Cannabis Control Act, Section 410
of the Illinois 
    Controlled Substances Act, or Section 70 of the 
    Methamphetamine Control and Community Protection Act shall 
    not be considered convicted.
Any person found guilty of 
    this offense, while in actual physical control of a
motor 
    vehicle, shall have an entry made in the court record by 
    the judge that
this offense did occur while the person was 
    in actual physical control of a
motor vehicle and order the 
    clerk of the court to report the violation to the
Secretary 
    of State as such.  The Secretary of State shall not issue a 
    new
license or permit for a period of one year;


        13. To any person who is under the age of 18 years and 
    who has committed
the offense
of operating a motor vehicle 
    without a valid license or permit in violation of
Section 
    6-101;


        14. To any person who is
90 days or more
delinquent in 
    court ordered child support
payments or has been 
    adjudicated in arrears
in an amount equal to 90 days' 
    obligation or more
and who has been found in contempt
of

    court for failure to pay the support, subject to the 
    requirements and
procedures of Article VII of Chapter 7 of

    the Illinois Vehicle Code;


        14.5.  To any person certified by the Illinois 
    Department of Healthcare and Family Services as being 90 
    days or more delinquent in payment of support under an 
    order of support entered by a court or administrative body 
    of this or any other State, subject to the requirements and 
    procedures of Article VII of Chapter 7 of this Code 
    regarding those certifications;


        15. To any person released from a term of imprisonment 
    for violating
Section 9-3 of the Criminal Code of 1961 or a 
    similar provision of a law of another state relating to 
    reckless homicide or for violating subparagraph (F) of 
    paragraph (1) of subsection (d) of Section 11-501 of this 
    Code relating to aggravated driving under the influence of 
    alcohol, other drug or drugs, intoxicating compound or 
    compounds, or any combination thereof, if the violation was 
    the proximate cause of a death, within
24 months of release 
    from a term of imprisonment;

        16. To any person who, with intent to influence any act 
    related to the issuance of any driver's license or permit, 
    by an employee of the Secretary of State's Office, or the 
    owner or employee of any commercial driver exam training 
    school licensed by the Secretary of State, or any other 
    individual authorized by the laws of this State to give 
    driving instructions or administer all or part of a 
    driver's license examination, promises or tenders to that 
    person any property or personal advantage which that person 
    is not authorized by law to accept.  Any persons promising 
    or tendering such property or personal advantage shall be 
    disqualified from holding any class of driver's license or 
    permit for 120 consecutive days.  The Secretary of State 
    shall establish by rule the procedures for implementing 
    this period of disqualification and the procedures by which 
    persons so disqualified may obtain administrative review 
    of the decision to disqualify;

        17.  To any person for whom the Secretary of State 
    cannot verify the
accuracy of any information or 
    documentation submitted in application for a
driver's 
    license; or

        18. To any person who has been adjudicated under the 
    Juvenile Court Act of 1987 based upon an offense that is 
    determined by the court to have been committed in 
    furtherance of the criminal activities of an organized 
    gang, as provided in Section 5-710 of that Act, and that 
    involved the operation or use of a motor vehicle or the use 
    of a driver's license or permit. The person shall be denied 
    a license or permit for the period determined by the court.

    The Secretary of State shall retain all conviction

information, if the information is required to be held 
confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08; 
95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff. 
8-21-08.)

 



    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)



    Sec. 6-401. Driver exam training schools for preparation 
for examination given by Secretary of State-license required. 
No person, firm,
association, partnership or corporation shall 
operate a
driver exam training school or engage in the business 
of giving instruction for
hire or for a fee in the driving of 
motor vehicles for 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 for 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 (i) public schools or to 
educational
institutions in which driving instruction is part 
of the curriculum, or (ii) to
employers giving instruction to 
their employees, or (iii) schools that teach enhanced driving 
skills to licensed drivers as set forth in Article X of Chapter 
6 of this Code.

(Source: P.A. 93-408, eff. 1-1-04.)

 

    (625 ILCS 5/Ch. 6 Art. IV heading)
ARTICLE IV.  COMMERCIAL DRIVER  EXAM  TRAINING SCHOOLS



 



    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)



    Sec. 6-402. Qualifications of driver exam training 
schools. In order to
qualify for a license to operate a driver 
exam 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 
    exam 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 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. 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;


        (h) pay to the Secretary of State an application fee of

    $500 and $50 for each branch application; and


        (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 exam 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. 93-408, eff. 1-1-04.)

 



    (625 ILCS 5/6-403)  (from Ch. 95 1/2, par. 6-403)



    Sec. 6-403. Established Place of Business. 

    The established place of business of each driver exam 
training school must be
owned or leased by the driver exam 
training school and regularly occupied and
primarily used by 
that driver exam training school for the business of selling

and giving driving instructions for hire or for a fee, and the 
business of
preparing members of the public for examination 
given by the Secretary of
State for a drivers license.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-404)  (from Ch. 95 1/2, par. 6-404)



    Sec. 6-404. Location of Schools. 

    The established place of business of each driver exam 
training school must be
located in a district which is zoned 
for business or commercial purposes.
The driver exam training 
school office must have a permanent sign clearly
readable from 
the street, from a distance of no less than 100 feet, with
the 
name of the driving exam school upon it.

(Source: P.A. 76-1753.)

 



    (625 ILCS 5/6-405)  (from Ch. 95 1/2, par. 6-405)



    Sec. 6-405. Restrictions of Locations. 

    The established place of business, or branch office, branch 
class room
or advertised address of any driver exam training 
school shall not consist of or
include a house trailer, 
residence, tent, temporary stand, temporary
address, office 
space, a room or rooms in a hotel, rooming house or
apartment 
house, or premises occupied by a single or multiple unit 
dwelling
house or telephone answering service.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-406)  (from Ch. 95 1/2, par. 6-406)



    Sec. 6-406. Required Facilities. 

    (a) The established place of business of each driver exam 
training school
must consist of at least the following 
permanent facilities:

    (1) An office facility;

    (2) A class room facility.

    (b) The main class room facility of each driver exam 
training school must be
reasonably accessible to the main 
office facility of the driver exam training
school.

    (c) All class room facilities must have adequate lighting, 
heating,
ventilation, and must comply with all state, and local 
laws relating to
public health, safety and sanitation.

    (d) The main office facility and branch office facility of 
each driver exam
training school must contain sufficient space, 
equipment, records and
personnel to carry on the business of 
the driver exam training school. The main
office facility must 
be specifically devoted to driver exam training school

business.

    (e) A driver exam training school which as an established 
place of business
and a main office facility, may operate a 
branch office or a branch class
room provided that all the 
requirements for the main office or main class
room are met and 
that such branch office bears the same name and is
operated as 
a part of the same business entity as the main office facility.

    (f) No driver exam training school may share any main or 
branch facility or
facilities with any other driver exam 
training school.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-407)  (from Ch. 95 1/2, par. 6-407)



    Sec. 6-407. Locations and State Facilities. 

    No office or place of business of a driver exam training 
school shall be
established within 1,500 feet of any building 
used as an office by any
department of the Secretary of State 
having to do with the administration
of any laws relating to 
motor vehicles, nor may any driving school solicit
or advertise 
for business within 1,500 feet of any building used as an

office by the Secretary of State having to do with the 
administration of
any laws relating to motor vehicles.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-408)  (from Ch. 95 1/2, par. 6-408)



    Sec. 6-408. Records. 

    All driver exam training schools licensed by the Secretary 
of State must
maintain a permanent record of instructions given 
to each student. The
record must contain the name of the school 
and the name of the student, the
number of all licenses or 
permits held by the student, the type and date of
instruction 
given, whether class room or behind the wheel, and the

signature of the instructor.

    All permanent student instruction records must be kept on 
file in the
main office of each driver exam training school for 
a period of 3 calendar years
after the student has ceased 
taking instruction at or with the school.

    The records should show the fees and charges of the school 
and also the
record should show the course content and 
instructions given to each
student.

(Source: P.A. 76-1754.)

 



    (625 ILCS 5/6-408.5)



    Sec. 6-408.5. Courses for students or high school dropouts; 
limitation. 

    (a) No driver exam training school
or driving exam 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 exam training school or driving exam 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 exam 
training school or
driving exam 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
exam 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.

(Source: P.A. 93-408, eff. 1-1-04.)

 



    (625 ILCS 5/6-409)  (from Ch. 95 1/2, par. 6-409)



    Sec. 6-409. Display of License. 

    Each driver exam training school must display at a 
prominent place in its
main office all of the following:

    (a) The State license issued to the school;

    (b) The names and addresses and State instructors licenses 
of all
instructors employed by the school;

    (c) The address of all branch offices and branch class 
rooms.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-410)  (from Ch. 95 1/2, par. 6-410)



    Sec. 6-410. Vehicle inspections. The Department of 
Transportation shall
provide for the inspection of all motor 
vehicles used for driver exam training,
and shall issue a 
safety inspection sticker provided:

    (a) The motor vehicle has been inspected by the Department 
and found to
be in safe mechanical condition;

    (b) The motor vehicle is equipped with dual control brakes 
and a
mirror on each side of the motor vehicle so located as to 
reflect to the
driver a view of the highway for a distance of 
at least 200 feet to the
rear of such motor vehicle; and

    (c) The motor vehicle is equipped with a sign or signs 
visible from the
front and the rear in letters no less than 2 
inches tall, listing the full
name of the driver exam training 
school which has registered and insured the
motor vehicle.

(Source: P.A. 85-951.)

 



    (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)



    Sec. 6-411. Qualifications of Driver Exam Training 
Instructors. In order to
qualify for a license as an instructor 
for a driving exam 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 
    submit his or her fingerprints 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 fingerprint records now
and hereafter filed in 
    the Department of State
Police and Federal Bureau of 
    Investigation criminal history records
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.  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 may be 
    maintained by the
Secretary of State or
any agency to which 
    such information was
transmitted.  Only information
and 
    standards which bear a reasonable and rational relation to 
    the performance
of a driver exam 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.

    If a driver exam 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. 95-331, eff. 8-21-07.)

 



    (625 ILCS 5/6-412)  (from Ch. 95 1/2, par. 6-412)



    Sec. 6-412. 
Issuance of Licenses to Driver Exam Training 
Schools and Driver Exam Training
Instructors.

    The Secretary of State shall issue a license certificate to 
each
applicant to conduct a driver exam training school or to 
each driver exam training
instructor when the Secretary of 
State is satisfied that such person has
met the qualifications 
required under this Act.

(Source: P.A. 76-1586.)

 



    (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 exam training school or driver 
exam
training instructor under this Act shall expire by 
operation of law 24
months from the date of issuance, unless 
sooner cancelled, suspended or
revoked under the provisions of 
Section 6-420.

(Source: P.A. 93-408, eff. 1-1-04.)

 



    (625 ILCS 5/6-414)  (from Ch. 95 1/2, par. 6-414)



    Sec. 6-414. Renewal of Licenses. The license of each driver 
exam training school may be renewed subject to the
same 
conditions as the original license, and upon the payment of a

renewal license fee of $500 and $50 for each renewal of a 
branch
application.

(Source: P.A. 93-408, eff. 1-1-04.)

 



    (625 ILCS 5/6-415)  (from Ch. 95 1/2, par. 6-415)



    Sec. 6-415. Renewal Fee. The license of each driver exam 
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.

(Source: P.A. 93-408, eff. 1-1-04.)

 



    (625 ILCS 5/6-416)  (from Ch. 95 1/2, par. 6-416)



    Sec. 6-416. Licenses: Form and Filing. All applications for 
renewal of a driver exam training school license or
driver exam 
training instructor's license shall be on a form prescribed by 
the
Secretary, and must be filed with the Secretary not
less 
than 15 days preceding the expiration date of the license to be 
renewed.

(Source: P.A. 87-829; 87-832.)

 



    (625 ILCS 5/6-417)  (from Ch. 95 1/2, par. 6-417)



    Sec. 6-417. Instructor's license. 

    Each driver exam training instructor's license shall 
authorize the licensee
to instruct only at or for the driver 
exam training school indicated on the
license. The Secretary 
shall not issue a driver training instructor's
license to any 
individual who is licensed to instruct at or for another
driver 
exam training school.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-419)  (from Ch. 95 1/2, par. 6-419)



    Sec. 6-419. Rules and Regulations. 

    The Secretary is authorized to prescribe by rule standards 
for the
eligibility, conduct and operation of driver exam 
training schools, and
instructors and to adopt other reasonable 
rules and regulations necessary
to carry out the provisions of 
this Act.

(Source: P.A. 76-1586.)

 



    (625 ILCS 5/6-420)  (from Ch. 95 1/2, par. 6-420)



    Sec. 6-420. 
Denial, Cancellation, Suspension, Revocation 
and Failure to
Renew License. The Secretary may deny, cancel, 
suspend or revoke, or refuse
to renew any driver exam training 
school license or any driver exam training instructor
license:

    (1) When the Secretary is satisfied that the licensee fails 
to meet the
requirements to receive or hold a license under 
this Code;

    (2) Whenever the licensee fails to keep the records 
required by this
Code;

    (3) Whenever the licensee permits fraud or engages in 
fraudulent
practices either with reference to a student or the 
Secretary, or induces
or countenances fraud or fraudulent 
practices on the part of any applicant
for a driver's license 
or permit;

    (4) Whenever the licensee fails to comply with any 
provision of this Code
or any rule of the Secretary made 
pursuant thereto;

    (5) Whenever the licensee represents himself as an agent or 
employee of
the Secretary or uses advertising designed to lead 
or which would
reasonably have the effect of leading persons to 
believe that such licensee
is in fact an employee or 
representative of the Secretary;

    (6) Whenever the licensee or any employee or agent of the 
licensee
solicits driver training or instruction in an office 
of any department of
the Secretary of State having to do with 
the administration of any law
relating to motor vehicles, or 
within 1,500 feet of any such office;

    (7) Whenever the licensee is convicted of driving while

under the influence of alcohol, other drugs, or a combination 
thereof;
leaving the scene of an accident; reckless homicide or 
reckless driving; or

    (8) Whenever a driver exam training school advertises that 
a driver's license
is guaranteed upon completion of the course 
of instruction.

(Source: P.A. 85-951.)



 



    (625 ILCS 5/6-422)  (from Ch. 95 1/2, par. 6-422)


    Sec. 6-422. Prior law and licenses thereunder. 

    This Act shall not affect the validity of any outstanding 
license issued
to any driver exam training school or driver 
exam training instructor by the
Secretary of State under any 
prior law, nor shall this Act affect the
validity or legality 
of any contract, agreement or undertaking entered into
by any 
driver exam training school or driver exam training instructor, 
or any person,
firm, corporation, partnership or association 
based on those provisions of
any prior law.

(Source: P.A. 76-1586.)


 
    (625 ILCS 5/Ch. 6 Art. X heading new)

ARTICLE X.  ENHANCED SKILLS DRIVING SCHOOLS


 
    (625 ILCS 5/6-1001  new)
    Sec. 6-1001. Enhanced skills driving schools.
    (a) As used in this Code, "enhanced skills driving school" 
means a school for teaching advanced driving skills, such as 
emergency braking, crash avoidance, and defensive driving 
techniques to licensed drivers for a fee, and does not mean a 
school for preparing students for examinations given by the 
Secretary of State.
    (b) No person, firm, association, partnership, or 
corporation shall operate an enhanced skills driving school 
unless issued a license by the Secretary.  No enhanced skills 
driving school may prepare students for examinations given by 
the Secretary of State unless the school is also licensed under 
Article IV of Chapter 6 of this Code.
    (c) All behind-the-wheel instructions, practice, and 
experience offered by enhanced skills driving schools shall be 
on private property, such as race course facilities.  The 
Secretary of State shall have the authority to inspect all 
facilities and to adopt rules to provide standards for enhanced 
skills driving school facilities.  No behind-the-wheel 
instruction, practice, or experience may be given on public 
roadways.
    (d) The curriculum for courses and programs offered by 
enhanced skills driving schools shall be reviewed and approved 
by the Secretary.
 
    (625 ILCS 5/6-1002  new)
    Sec. 6-1002. Enhanced skills driving school 
qualifications. In order to qualify for a license to operate an 
enhanced skills driving school, each applicant must:
        (1) Be of good moral character;
        (2) Be at least 21 years of age;
        (3) 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: $500,000 for bodily 
    injury to or death of one person in any one accident and, 
    subject to said limit for one person, $1,000,000 for bodily 
    injury to or death of 2 or more persons in any one accident 
    and the amount of $100,000 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;
        (4) Have the equipment necessary to the giving of 
    proper instruction in the operation of motor vehicles; and
        (5) Pay to the Secretary of State an application fee of 
    $500 and $50 for each branch application.
 
    (625 ILCS 5/6-1003  new)
    Sec. 6-1003. Display of license. Each enhanced skills 
driving school must display at a prominent place in its main 
office all of the following:
        (1) The State license issued to the school;
        (2) The names, addresses, and State instructors 
    license numbers of all instructors employed by the school; 
    and
        (3) The addresses of each branch office and branch 
    classrooms.
 
    (625 ILCS 5/6-1004  new)
    Sec. 6-1004. Qualifications of enhanced skills driving 
school instructors. In order to qualify for a license as an 
instructor for an enhanced skills driving school, an applicant 
must:
        (1) Be of good moral character;
        (2) Have never been convicted of driving while under 
    the influence of alcohol, other drugs, or a combination 
    thereof; leaving the scene of an accident; reckless 
    homicide or reckless driving;
        (3) Be physically able to operate safely a motor 
    vehicle and to train others in the operation of motor 
    vehicles;
        (4) Hold a valid drivers license; and
        (5) Pay to the Secretary of State an application and 
    license fee of $70.
 
    (625 ILCS 5/6-1005  new)
    Sec. 6-1005. Renewal of license; enhanced skills driving 
school. The license of each enhanced skills driving school may 
be renewed subject to the same conditions as the original 
license, and upon the payment of a renewal license fee of $500 
and $50 for each renewal of a branch application.
 
    (625 ILCS 5/6-1006  new)
    Sec. 6-1006. Renewal of license; enhanced skills driving 
school instructor. The license of each enhanced skills driving 
school instructor may be renewed subject to the same conditions 
of the original license, and upon the payment of annual renewal 
license fee of $70.
 
    (625 ILCS 5/6-1007  new)
    Sec. 6-1007. Licenses; form and filing. All applications 
for renewal of an enhanced skills driving school license or 
instructor's license shall be on a form prescribed by the 
Secretary, and must be filed with the Secretary not less than 
15 days preceding the expiration date of the license to be 
renewed.
 
    (625 ILCS 5/6-1008  new)
    Sec. 6-1008. Instructor's records. Every enhanced skills 
driving school shall keep records regarding instructors, 
students, courses, and equipment, as required by 
administrative rules prescribed by the Secretary.  Such records 
shall be open to the inspection of the Secretary or his 
representatives at all reasonable times.
 
    (625 ILCS 5/6-1009  new)
    Sec. 6-1009. Denial, cancellation, suspension, revocation, 
and failure to renew license. The Secretary may deny, cancel, 
suspend or revoke, or refuse to renew any enhanced skills 
driving school license or any enhanced skills driving school 
instructor license:
        (1) When the Secretary is satisfied that the licensee 
    fails to meet the requirements to receive or hold a license 
    under this Code;
        (2) Whenever the licensee fails to keep records 
    required by this Code or by any rule prescribed by the 
    Secretary;
        (3) Whenever the licensee fails to comply with any 
    provision of this Code or any rule of the Secretary made 
    pursuant thereto;
        (4) Whenever the licensee represents himself or 
    herself as an agent or employee of the Secretary or uses 
    advertising designed to lead or which would reasonably have 
    the effect of leading persons to believe that such licensee 
    is in fact an employee or representative of the Secretary;
        (5) Whenever the licensee or any employee or agent of 
    the licensee solicits driver training or instruction in an 
    office of any department of the Secretary of State having 
    to do with the administration of any law relating to motor 
    vehicles, or within 1,500 feet of any such office; or
        (6) Whenever the licensee is convicted of driving while 
    under the influence of alcohol, other drugs, or a 
    combination thereof; leaving the scene of an accident; 
    reckless homicide or reckless driving.
 
    (625 ILCS 5/6-1010  new)
    Sec. 6-1010. Judicial review. The action of the Secretary 
in canceling, suspending, revoking, or denying any license 
under this Article shall be subject to judicial review in the 
Circuit Court of Sangamon County or the Circuit Court of Cook 
County, and the provisions of the Administrative Review Law and 
the rules adopted pursuant thereto are hereby adopted and shall 
apply to and govern every action for judicial review of the 
final acts or decisions of the Secretary under this Article.
 
    (625 ILCS 5/6-1011  new)
    Sec. 6-1011. Injunctions. If any person, firm, 
association, partnership, or corporation operates in violation 
of any provision of this Article, or any rule, regulation, 
order, or decision of the Secretary of State established under 
this Article, or in violation of any term, condition, or 
limitation of any license issued under this Article, the 
Secretary of State, or any other person injured as a result, or 
any interested person, may apply to the circuit court of the 
county where the violation or some part occurred, or where the 
person complained of has an established or additional place of 
business or resides, to prevent the violation. The court may 
enforce compliance by injunction or other process restraining 
the person from further violation and compliance.
 
    (625 ILCS 5/6-1012  new)
    Sec. 6-1012. Rules and regulations. The Secretary is 
authorized to prescribe by rule standards for the eligibility, 
conduct, and operation of enhanced driver skills training 
schools, and instructors and to adopt other reasonable rules 
and regulations necessary to carry out the provisions of this 
Article.
 
    (625 ILCS 5/6-1013  new)
    Sec. 6-1013. Deposit of fees. Fees collected under this 
Article shall be deposited into the Road Fund.

 
    Section 15. The Criminal Code of 1961 is amended by 
changing Section 33-6 as follows:
 
    (720 ILCS 5/33-6)
    Sec. 33-6. Bribery to obtain driving privileges.

    (a) A person commits the offense of bribery to obtain 
driving privileges when:
        (1) with intent to influence any act related to the 
    issuance of any driver's license or permit by an employee 
    of the Illinois Secretary of State's Office, or the owner 
    or employee of any commercial driver exam training school 
    licensed by the Illinois Secretary of State, or any other 
    individual authorized by the laws of this State to give 
    driving instructions or administer all or part of a 
    driver's license examination, he or she promises or tenders 
    to that person any property or personal advantage which 
    that person is not authorized by law to accept; or
        (2) with intent to cause any person to influence any 
    act related to the issuance of any driver's license or 
    permit by an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    exam training school licensed by the Illinois Secretary of 
    State, or any other individual authorized by the laws of 
    this State to give driving instructions or administer all 
    or part of a driver's license examination, he or she 
    promises or tenders to that person any property or personal 
    advantage which that person is not authorized by law to 
    accept; or
        (3) as an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    exam training school licensed by the Illinois Secretary of 
    State, or any other individual authorized by the laws of 
    this State to give driving instructions or administer all 
    or part of a driver's license examination, solicits, 
    receives, retains, or agrees to accept any property or 
    personal advantage that he or she is not authorized by law 
    to accept knowing that such property or personal advantage 
    was promised or tendered with intent to influence the 
    performance of any act related to the issuance of any 
    driver's license or permit; or
        (4) as an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    exam training school licensed by the Illinois Secretary of 
    State, or any other individual authorized by the laws of 
    this State to give driving instructions or administer all 
    or part of a driver's license examination, solicits, 
    receives, retains, or agrees to accept any property or 
    personal advantage pursuant to an understanding that he or 
    she shall improperly influence or attempt to influence the 
    performance of any act related to the issuance of any 
    driver's license or permit.
    (b) Sentence.
Bribery to obtain driving privileges is a 
Class 2 felony.

(Source: P.A. 93-783, eff. 1-1-05.)