093_HB1491enr

 
HB1491 Enrolled                      LRB093 03493 LCB 03522 b

 1        AN ACT concerning driver training.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 6-401, 6-402, 6-408.5, 6-411, 6-413, 6-414,
 6    and 6-415 as follows:

 7        (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
 8        Sec. 6-401.  Driver Training Schools-License Required.
 9        No  person, firm, association, partnership or corporation
10    shall operate a driver  training  school  or  engage  in  the
11    business  of  giving instruction for hire or for a fee in the
12    driving of  motor  vehicles  or  in  the  preparation  of  an
13    applicant for examination given by the Secretary of State for
14    a  drivers  license  or permit, unless a license therefor has
15    been  issued  by  the  Secretary.  No   public   schools   or
16    educational institutions shall contract with entities engaged
17    in  the  business of giving instruction for hire or for a fee
18    in the driving of motor vehicles or in the preparation of  an
19    applicant for examination given by the Secretary of State for
20    a  driver's  license or permit, unless a license therefor has
21    been issued by the Secretary.
22        This section shall not apply  to  public  schools  or  to
23    educational institutions in which driving instruction is part
24    of the curriculum or to employers giving instruction to their
25    employees.
26    (Source: P.A. 76-1586.)

27        (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
28        Sec. 6-402. Qualifications of driver training schools. In
29    order  to  qualify for a license to operate a driver training
30    school, each applicant must:
 
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 1             (a)  be of good moral character;
 2             (b)  be at least 21 years of age;
 3             (c)  maintain an established place of business  open
 4        to  the  public  which  meets the requirements of Section
 5        6-403 through 6-407;
 6             (d)  maintain  bodily  injury  and  property  damage
 7        liability insurance  on  motor  vehicles  while  used  in
 8        driving   instruction,  insuring  the  liability  of  the
 9        driving school, the driving instructors  and  any  person
10        taking  instruction  in  at  least the following amounts:
11        $50,000 for bodily injury to or death of  one  person  in
12        any  one  accident  and,  subject  to  said limit for one
13        person, $100,000 for bodily injury to or death  of  2  or
14        more  persons  in  any  one  accident  and  the amount of
15        $10,000 for damage to  property  of  others  in  any  one
16        accident.   Evidence  of  such  insurance coverage in the
17        form of a certificate from the insurance carrier shall be
18        filed with the Secretary of State, and  such  certificate
19        shall stipulate that the insurance shall not be cancelled
20        except upon 10 days prior written notice to the Secretary
21        of  State.  The decal showing evidence of insurance shall
22        be affixed to the windshield of the vehicle;
23             (e)  provide a continuous surety company bond in the
24        principal sum of $20,000 $10,000 for  the  protection  of
25        the  contractual  rights of students in such form as will
26        meet with the approval of  the  Secretary  of  State  and
27        written  by  a  company authorized to do business in this
28        State. However, the aggregate liability of the surety for
29        all breaches of the condition of the  bond  in  no  event
30        shall  exceed  the  principal sum of $20,000 $10,000. The
31        surety on any such bond may cancel such bond on giving 30
32        days notice thereof in writing to the Secretary of  State
33        and  shall be relieved of liability for any breach of any
34        conditions of the bond which occurs after  the  effective
 
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 1        date of cancellation;
 2             (f)  have  the  equipment necessary to the giving of
 3        proper instruction in the operation of motor vehicles;
 4             (g)  have and use a business telephone  listing  for
 5        all business purposes; and
 6             (h)  pay  to  the  Secretary of State an application
 7        fee of $500 and $50  for  each  branch  application;  and
 8        $250.
 9             (i)  authorize   an   investigation   to  include  a
10        fingerprint based background check to  determine  if  the
11        applicant  has  ever been convicted of a crime and if so,
12        the disposition of those convictions.  The  authorization
13        shall  indicate the scope of the inquiry and the agencies
14        that may  be  contacted.  Upon  this  authorization,  the
15        Secretary  of  State  may request and receive information
16        and  assistance  from  any  federal,  State,   or   local
17        governmental   agency   as   part   of   the   authorized
18        investigation.  Each  applicant  shall  have  his  or her
19        fingerprints submitted to the Department of State  Police
20        in  the  form  and manner prescribed by the Department of
21        State Police. The fingerprints shall be  checked  against
22        the  Department  of  State  Police  and Federal Bureau of
23        Investigation   criminal   history   record   information
24        databases. The Department of State Police shall charge  a
25        fee  for  conducting  the criminal history records check,
26        which shall be deposited in  the  State  Police  Services
27        Fund  and shall not exceed the actual cost of the records
28        check. The applicant shall be required to pay all related
29        fingerprint fees  including,  but  not  limited  to,  the
30        amounts established by the Department of State Police and
31        the   Federal   Bureau   of   Investigation   to  process
32        fingerprint based criminal background investigations. The
33        Department of  State  Police  shall  provide  information
34        concerning  any  criminal  convictions and disposition of
 
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 1        criminal convictions brought against the  applicant  upon
 2        request  of  the  Secretary  of  State  provided that the
 3        request is made in the form and manner  required  by  the
 4        Department   of   the   State  Police.  Unless  otherwise
 5        prohibited by  law,  the  information  derived  from  the
 6        investigation including the source of the information and
 7        any  conclusions  or  recommendations  derived  from  the
 8        information  by  the Secretary of State shall be provided
 9        to the applicant, or his designee, upon  request  to  the
10        Secretary  of  State,  prior  to  any final action by the
11        Secretary of  State  on  the  application.  Any  criminal
12        convictions  and  disposition information obtained by the
13        Secretary of State shall be confidential and may  not  be
14        transmitted outside the Office of the Secretary of State,
15        except  as required herein, and may not be transmitted to
16        anyone within the Office of the Secretary of State except
17        as needed for the purpose of  evaluating  the  applicant.
18        The  information  obtained  from the investigation may be
19        maintained by the Secretary of State  or  any  agency  to
20        which  the  information was transmitted. Only information
21        and standards,  which  bear  a  reasonable  and  rational
22        relation  to  the performance of a driver training school
23        owner, shall be used  by  the  Secretary  of  State.  Any
24        employee of the Secretary of State who gives or causes to
25        be given away any confidential information concerning any
26        criminal charges or disposition of criminal charges of an
27        applicant  shall  be  guilty  of  a  Class A misdemeanor,
28        unless release of the information is authorized  by  this
29        Section.
30        No license shall be issued under this Section to a person
31    who  is  a  spouse,  offspring, sibling, parent, grandparent,
32    grandchild, uncle or aunt, nephew or niece, cousin, or in-law
33    of the person whose license to do business at  that  location
34    has  been revoked or denied or to a person who was an officer
 
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 1    or employee of a business  firm  that  has  had  its  license
 2    revoked or denied, unless the Secretary of State is satisfied
 3    the  application  was submitted in good faith and not for the
 4    purpose or effect of defeating the intent of this Code.
 5    (Source: P.A. 87-829; 87-832; 87-895.)

 6        (625 ILCS 5/6-408.5)
 7        Sec.  6-408.5.   Courses  for  students  or  high  school
 8    dropouts; limitation.
 9        (a)  No  driver  training  school  or  driving   training
10    instructor  licensed under this Act may request a certificate
11    of completion from the Secretary  of  State  as  provided  in
12    Section  6-411 for any person who is enrolled as a student in
13    any public or non-public secondary school at  the  time  such
14    instruction  is to be provided, or who was so enrolled during
15    the semester last ended if that instruction is to be provided
16    between semesters or during  the  summer  after  the  regular
17    school  term ends, unless that student has received a passing
18    grade in at least 8  courses  during  the  2  semesters  last
19    ending  prior  to requesting a certificate of completion from
20    the Secretary of State for the student.
21        (b)  No  driver  training  school  or  driving   training
22    instructor  licensed under this Act may request a certificate
23    of completion from the Secretary  of  State  as  provided  in
24    Section  6-411  for  any person who has dropped out of school
25    and has not yet attained the  age  of  18  years  unless  the
26    driver training school or driving training instructor has: 1)
27    obtained   written   documentation  verifying  the  dropout's
28    enrollment in a GED or alternative education program  or  has
29    obtained a copy of the dropout's GED certificate; 2) obtained
30    verification  that  the  student  prior  to  dropping out had
31    received a passing grade in at least 8 courses during  the  2
32    previous   semesters   last  ending  prior  to  requesting  a
33    certificate of completion; or  3)  obtained  written  consent
 
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 1    from  the  dropout's  parents  or  guardians and the regional
 2    superintendent.
 3        (c)  Students  shall  be  informed  of  the   eligibility
 4    requirements   of   this  Act  in  writing  at  the  time  of
 5    registration.
 6        (d)  The superintendent of schools of the school district
 7    in which the student resides and attends school or  in  which
 8    the student resides at the time he or she drops out of school
 9    (with  respect  to  a public high school student or a dropout
10    from  the  public  high   school)   or   the   chief   school
11    administrator  (with  respect  to  a  student  who  attends a
12    non-public high school or a dropout from  a  non-public  high
13    school)  may  waive  the  requirements of this Section if the
14    superintendent or chief school administrator, as the case may
15    be, deems it to be in the best interests of  the  student  or
16    dropout.   Before requesting a certificate of completion from
17    the Secretary of State for any person who is  enrolled  as  a
18    student  in  any public or non-public secondary school or who
19    was so enrolled in the semester  last  ending  prior  to  the
20    request for a certificate of completion from the Secretary of
21    State  or  who  is  of  high  school age, the driver training
22    school shall determine from the school district in which that
23    person resides or resided at the  time  of  dropping  out  of
24    school,  or  from  the  chief administrator of the non-public
25    high school attended or last attended by such person, as  the
26    case  may be, that such person is not ineligible to receive a
27    certificate of completion under this Section.
28        (e)  By January 1,  1997,  the  Secretary  of  State,  in
29    cooperation   with   the  State  Board  of  Education,  shall
30    complete, and submit to the General Assembly, a  report  that
31    examines the impact of this Section and other changes made by
32    Public Act 88-188.
33    (Source: P.A. 88-188; 88-628, eff. 9-9-94.)
 
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 1        (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
 2        Sec.    6-411.    Qualifications   of   Driver   Training
 3    Instructors.  In  order  to  qualify  for  a  license  as  an
 4    instructor for a driving school, an applicant must:
 5        (a)  Be of good moral character;
 6        (b)  Authorize an investigation to include a  fingerprint
 7    based background check to determine if the applicant has ever
 8    been convicted of a crime and if so, the disposition of those
 9    convictions;  this  authorization shall indicate the scope of
10    the inquiry and the agencies which may  be  contacted.   Upon
11    this  authorization  the  Secretary  of State may request and
12    receive information and assistance from any federal, state or
13    local  governmental  agency  as  part   of   the   authorized
14    investigation.   Each   applicant   shall  have  his  or  her
15    fingerprints submitted to the Department of State  Police  in
16    the  form  and  manner  prescribed by the Department of State
17    Police. These  fingerprints  shall  be  checked  against  the
18    Department   of   State   Police   and   Federal   Bureau  of
19    Investigation criminal history record information  databases.
20    The  Department  of  State  Police  shall  charge  a  fee for
21    conducting the criminal history records check, which shall be
22    deposited in the State Police Services  Fund  and  shall  not
23    exceed  the  actual  cost of the records check. The applicant
24    shall  be  required  to  pay  all  related  fingerprint  fees
25    including, but not limited to, the amounts established by the
26    Department  of  State  Police  and  the  Federal  Bureau   of
27    Investigation   to   process   fingerprint   based   criminal
28    background  investigations.  The  Department  of State Police
29    shall   provide   information   concerning    any    criminal
30    convictions,  and  their  disposition,  brought  against  the
31    applicant  upon  request  of  the Secretary of State when the
32    request is made in  the  form  and  manner  required  by  the
33    Department  of  State Police.  Unless otherwise prohibited by
34    law,  the  information  derived   from   this   investigation
 
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 1    including the source of this information, and any conclusions
 2    or  recommendations  derived  from  this  information  by the
 3    Secretary of State shall be provided to the applicant, or his
 4    designee, upon request to the Secretary of  State,  prior  to
 5    any   final   action   by  the  Secretary  of  State  on  the
 6    application.  No information obtained from such investigation
 7    may be  placed  in  any  automated  information  system.  Any
 8    criminal   convictions   and  their  disposition  information
 9    obtained by the Secretary of State shall be confidential  and
10    may not be transmitted outside the Office of the Secretary of
11    State,  except as required herein, and may not be transmitted
12    to anyone within the Office of the Secretary of State  except
13    as  needed  for  the purpose of evaluating the applicant. The
14    information obtained from this  investigation  only  physical
15    identity  materials  which  the  applicant can be required to
16    provide  the  Secretary   of   State   are   photographs   or
17    fingerprints;  these  shall be returned to the applicant upon
18    request to the Secretary of State,  after  the  investigation
19    has  been  completed  and  no  copy of these materials may be
20    maintained kept by the Secretary of State or  any  agency  to
21    which   such   information   was   identity   materials  were
22    transmitted.  Only information and  standards  which  bear  a
23    reasonable  and  rational  relation  to  the performance of a
24    driver training instructor shall be used by the Secretary  of
25    State.    Any employee of the Secretary of State who gives or
26    causes  to  be  given  away  any   confidential   information
27    concerning  any  criminal charges and their disposition of an
28    applicant shall be guilty of a  Class  A  misdemeanor  unless
29    release of such information is authorized by this Section;
30        (c)  Pass  such  examination  as  the  Secretary of State
31    shall  require  on  (1)  traffic  laws,  (2)   safe   driving
32    practices,   (3)   operation   of  motor  vehicles,  and  (4)
33    qualifications of teacher;
34        (d)  Be physically able to operate safely a motor vehicle
 
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 1    and to train others in the operation of  motor  vehicles.  An
 2    instructors  license  application  must  be  accompanied by a
 3    medical examination report completed by a competent physician
 4    licensed to practice in the State of Illinois;
 5        (e)  Hold a valid Illinois drivers license;
 6        (f)  Have graduated from an accredited high school  after
 7    at  least 4 years of high school education or the equivalent;
 8    and
 9        (g)  Pay to the Secretary of  State  an  application  and
10    license fee of $70 $35.
11        If a driver training school class room instructor teaches
12    an  approved  driver  education course, as defined in Section
13    1-103 of this Code, to students under 18 years of age, he  or
14    she  shall  furnish  to  the Secretary of State a certificate
15    issued  by  the  State  Board  of  Education  that  the  said
16    instructor is qualified and  meets  the  minimum  educational
17    standards  for teaching driver education courses in the local
18    public or parochial school  systems,  except  that  no  State
19    Board  of  Education  certification  shall be required of any
20    instructor who teaches exclusively in  a  commercial  driving
21    school.   On  and  after July 1, 1986, the existing rules and
22    regulations  of  the  State  Board  of  Education  concerning
23    commercial driving schools shall continue to remain in effect
24    but shall be administered by the  Secretary  of  State  until
25    such time as the Secretary of State shall amend or repeal the
26    rules   in   accordance   with  The  Illinois  Administrative
27    Procedure Act.  Upon request, the Secretary  of  State  shall
28    issue a certificate of completion to a student under 18 years
29    of  age who has completed an approved driver education course
30    at a commercial driving school.
31    (Source: P.A. 87-829; 87-832.)

32        (625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
33        Sec.  6-413.  Expiration  of  Licenses.  All  outstanding
 
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 1    licenses issued to  any  driver  training  school  or  driver
 2    training  instructor under this Act shall expire by operation
 3    of law 24 12 months from the date of issuance, unless  sooner
 4    cancelled,  suspended  or  revoked  under  the  provisions of
 5    Section 6-420.
 6    (Source: P.A. 87-829; 87-832.)

 7        (625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
 8        Sec. 6-414. Renewal of  Licenses.  The  license  of  each
 9    driver  training  school  may  be renewed subject to the same
10    conditions as the original license, and upon the payment of a
11    an annual renewal license  fee  of  $500  and  $50  for  each
12    renewal of a branch application $250.
13    (Source: P.A. 87-829; 87-832.)

14        (625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
15        Sec.  6-415.  Renewal  Fee.  The  license  of each driver
16    training instructor  may  be  renewed  subject  to  the  same
17    conditions  of  the original license, and upon the payment of
18    annual renewal license fee of $70 $35.
19    (Source: P.A. 87-829; 87-832.)