Public Act 096-1062
 
SB3682 EnrolledLRB096 17205 AJT 32554 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 6-402 as follows:
 



    (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
$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

    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

    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. 96-740, eff. 1-1-10.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2011.