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| Public Act 096-1062 | ||||
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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 Illinois Vehicle Code is amended by changing | ||||
Section 6-402 as follows:
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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
$10,000 for a non-accredited school, | ||
$40,000 for a CDL or teenage accredited school, $60,000 for | ||
a CDL accredited and teenage accredited school, $50,000 for | ||
a CDL or teenage accredited school with three or more | ||
licensed branches, $70,000 for a CDL accredited and teenage | ||
accredited school with three or more licensed branches | ||
$20,000 for the protection of the contractual rights of
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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 $10,000 for a | ||
non-accredited school, $40,000 for a CDL or teenage | ||
accredited school, $60,000 for a CDL accredited and teenage | ||
accredited school, $50,000 for a CDL or teenage accredited | ||
school with three or more licensed branches, $70,000 for a | ||
CDL accredited and teenage accredited school with three or | ||
more licensed branches $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
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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
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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
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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
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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
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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
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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. 96-740, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2011.
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