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Public Act 096-0740 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Transportation Law of the | ||||
Civil Administrative Code of Illinois is amended by changing | ||||
Section 2705-125 as follows:
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(20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)
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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
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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
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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.
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(Source: P.A. 91-239, eff. 1-1-00.)
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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)
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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
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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
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(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 .
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(Source: P.A. 81-1508.)
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(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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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:
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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
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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
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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;
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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
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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;
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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
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6-208;
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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;
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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;
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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;
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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;
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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
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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;
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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;
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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;
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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;
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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;
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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;
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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;
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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;
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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;
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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;
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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
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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.
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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.)
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(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
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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
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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.
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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 .
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(Source: P.A. 93-408, eff. 1-1-04.)
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(625 ILCS 5/Ch. 6 Art. IV heading) |
ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS
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(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
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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:
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(a) be of good moral character;
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(b) be at least 21 years of age;
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(c) maintain an established place of business open to | ||
the public which
meets the requirements of Section 6-403 | ||
through 6-407;
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(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
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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;
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(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
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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;
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(f) have the equipment necessary to the giving of | ||
proper instruction in
the operation of motor vehicles;
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(g) have and use a business telephone listing for all | ||
business
purposes;
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(h) pay to the Secretary of State an application fee of
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$500 and $50 for each branch application; and
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(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
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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
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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.
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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.
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(Source: P.A. 93-408, eff. 1-1-04.)
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(625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
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Sec. 6-403. Established Place of Business.
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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.
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(Source: P.A. 76-1586.)
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(625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
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Sec. 6-404. Location of Schools.
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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.)
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(625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
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Sec. 6-405. Restrictions of Locations.
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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.)
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(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:
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(1) An office facility;
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(2) A class room facility.
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(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.) |