HB3608 104TH GENERAL ASSEMBLY

LRB104 10194 LNS 20266 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3608

Introduced 2/18/2025, by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-401	from Ch. 95 1/2, par. 6-401
625 ILCS 5/6-420.1 new
625 ILCS 5/6-420.2 new

Amends the Illinois Vehicle Code. Prohibits a person, firm, association, partnership, or corporation from operating a commercial driver training school (rather than a driver training school) or engage in the business of providing any Entry-Level Driver Training or Skills, Road, or Pretrip curriculum for commercial driving for no fee or for a fee involving (1) the driving of motor vehicles or (2) the preparation of an applicant for examination given by the Secretary of State for a driver's license or commercial learner's permit, unless a license therefore has been issued by the Secretary. Requires the Secretary to quarterly review the Federal Motor Carrier Safety Administration's Training Provider Registry and the listing of State licensed commercial driving schools. Provides that any person that violates any provision of the Act in relation to the requirements stated in the Code of Federal Regulations shall be liable for a civil penalty not to exceed $50,000 for the violation and an additional civil penalty not to exceed $10,000 for each day during which the violation continues. Allows the State's Attorney of the county in which the violation occurred, the Attorney General, or the Secretary to institute a civil action for an injunction to restrain violations of the Act, any rule adopted under the Act, or any permit or term or condition of a permit or to require such other actions as may be necessary to address violations of the Act, any rule adopted under the Act, any permit or term or condition of a permit, or order. Provides that all funds collected shall be deposited into the Motor Carrier Safety Inspection Fund.

A BILL FOR

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 6-401 and by adding Sections 6-420.1 and 6-420.2 as follows:

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

Sec. 6-401. Driver training schools-license required.

(a) No person, firm, association, partnership, or corporation shall operate a commercial driver training school driver training school or engage in the business of providing any Entry-Level Driver Training or Skills, Road, or Pretrip curriculum for commercial driving giving instruction for no fee hire or for a fee involving in (1) the driving of motor vehicles; or (2) the preparation of an applicant for examination given by the Secretary of State for a drivers license or commercial learner's permit 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 no fee hire or for a fee in the driving of commercial motor vehicles for the preparation of an applicant for examination given by the Secretary of State for a State a driver's license or commercial learner's permit permit, unless a license therefor has been issued by the Secretary.

This subsection (a) shall not apply to (i) public schools or to educational institutions in which driving instruction is part of the curriculum, (ii) employers with over 500 full-time employees giving instruction to their employees, (iii) schools that teach enhanced driving skills to licensed drivers as set forth in Article X of Chapter 6 of this Code, or (iv) driver rehabilitation specialists or programs in which the clients of the rehabilitation specialists or programs have previously held driver's licenses.

(b) Any person, firm, association, partnership, or corporation that violates subsection (a) of this Section shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(Source: P.A. 102-749, eff. 1-1-23.)

(625 ILCS 5/6-420.1 new)

Sec. 6-420.1. Inspection of the federal Training Provider Registry for State licensure. The Secretary shall quarterly review the Federal Motor Carrier Safety Administration's Training Provider Registry and the listing of State licensed commercial driving schools pursuant to this Act.

(1) The Secretary shall send a letter to each entity appearing on the Federal Motor Carrier Safety Administration's Training Provider Registry that is not in good standing as a licensed commercial driver training school in Illinois, ordering the entity to cease operations immediately.

(2) The Secretary shall report this finding to the Federal Motor Carrier Safety Administration per federal regulations.

(3) For the sake of educating members of the motoring public and individuals seeking a commercial driver license, the Secretary shall post publicly on the Secretary's website a listing of all entities cited for this infraction.

(4) If an entity remains in violation of this subsection for more than 12 weeks, it is subject to penalties pursuant to Section 420.2.

(625 ILCS 5/6-420.2 new)

Sec. 6-420.2. Civil penalties for fraudulently attesting to state licensure.

(a) Any person that violates any provision of this Act in relation to the requirements stated in 49 CFR 380.703 shall be liable for a civil penalty not to exceed $50,000 for the violation and an additional civil penalty not to exceed $10,000 for each day during which the violation continues; such penalties may, upon order of the Secretary or a court of competent jurisdiction, be made payable to the Motor Carrier Safety Inspection Fund.

(b) The penalties provided for in this Section may be recovered in a civil action.

(c) The State's Attorney of the county in which the violation occurred, or the Attorney General, may, at the request of the Secretary or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule adopted under this Act, or any permit or term or condition of a permit or to require such other actions as may be necessary to address violations of this Act, any rule adopted under this Act, any permit or term or condition of a permit, or order.

(d) The State's Attorney of the county in which the violation occurred, or the Attorney General, shall bring such actions in the name of the people of the State of Illinois. Without limiting any other authority which may exist for the awarding of attorney's fees and costs, the Secretary or a court of competent jurisdiction may award costs and reasonable attorney's fees, including the reasonable costs of expert witnesses and consultants, to the State's Attorney or the Attorney General in a case where he or she has prevailed against a person who has committed a willful, knowing, or repeated violation of this Act, any rule adopted under this Act, any permit or term or condition of a permit, or any order.

(e) Any funds collected under this Section in which the Attorney General has prevailed shall be deposited in the Motor Carrier Safety Inspection Fund. Any funds collected under this Section in which a State's Attorney has prevailed shall be retained by the county in which he or she serves.

(f) All final orders imposing civil penalties pursuant to this Section shall prescribe the time for payment of such penalties. If any such penalty is not paid within the time prescribed, interest on such penalty at the rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, shall be paid for the period from the date payment is due until the date payment is received. However, if the time for payment is stayed during the pendency of an appeal, interest shall not accrue during such stay.