Full Text of HB4820 96th General Assembly
HB4820enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| Sections 6-103, 6-106.1, and 6-202 and the heading of Article | 6 |
| IV Ch. 6 and Sections 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, | 7 |
| 6-407, 6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, | 8 |
| 6-414, 6-415, 6-416, 6-417, 6-419, 6-420, 6-422, 6-901, and | 9 |
| 11-1301.3 as follows:
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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 | 12 |
| or granted
permits. The Secretary of State shall not issue, | 13 |
| renew, or
allow the retention of any driver's
license nor issue | 14 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 16 |
| 18 years except
as provided in Section 6-107, and except | 17 |
| that an instruction permit may be
issued under Section | 18 |
| 6-107.1 to a child who
is not less than 15 years of age if | 19 |
| the child is enrolled in an approved
driver education | 20 |
| course as defined in Section 1-103 of this Code and
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| requires an instruction permit to participate therein, | 22 |
| except that an
instruction permit may be issued under the | 23 |
| provisions of Section 6-107.1
to a child who is 17 years |
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| and 3 months of age without the child having
enrolled in an
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| approved driver education course and except that an
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| instruction permit may be issued to a child who is at least | 4 |
| 15 years and 3
months of age, is enrolled in school, meets | 5 |
| the educational requirements of
the Driver Education Act, | 6 |
| and has passed examinations the Secretary of State in
his | 7 |
| or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 9 |
| operator of a motorcycle
other than a motor driven cycle | 10 |
| unless the person has, in addition to
meeting the | 11 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 13 |
| Illinois Department of Transportation and
successfully | 14 |
| completes the required Secretary of State's motorcycle | 15 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 17 |
| or permit has been
suspended, during the suspension, nor to | 18 |
| any person whose driver's license or
permit has been | 19 |
| 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 | 22 |
| or any other
drug to a degree that renders the person | 23 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 25 |
| adjudged to be
afflicted with or suffering from any mental | 26 |
| or physical disability or disease
and who has not at the |
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| time of application been restored to competency by the
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| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 4 |
| Secretary of State
to submit an alcohol and drug evaluation | 5 |
| or take an examination provided
for in this Code unless the | 6 |
| person has
successfully passed the examination and | 7 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 9 |
| of the laws of
this State to deposit security or proof of | 10 |
| financial responsibility and who
has not deposited the | 11 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 13 |
| cause to believe
that the person by reason of physical or | 14 |
| mental disability would not be
able to safely operate a | 15 |
| motor vehicle upon the highways, unless the
person shall | 16 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 18 |
| competent medical
specialist to the effect that the | 19 |
| operation of a motor vehicle by the
person would not be | 20 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 22 |
| or older, unless
the person has successfully complied with | 23 |
| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 25 |
| application for a
license, of any of the sexual offenses | 26 |
| enumerated in paragraph 2 of subsection
(b) of Section |
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| 6-205;
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| 11. To any person who is under the age of 21 years with | 3 |
| a classification
prohibited in paragraph (b) of Section | 4 |
| 6-104 and to any person who is under
the age of 18 years | 5 |
| with a classification prohibited in paragraph (c) of
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| Section 6-104;
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| 12. To any person who has been either convicted of or | 8 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 9 |
| a violation of the Cannabis Control
Act, the Illinois | 10 |
| Controlled Substances Act, or the Methamphetamine Control | 11 |
| and Community Protection Act while that person was in | 12 |
| actual
physical control of a motor vehicle. For purposes of | 13 |
| this Section, any person
placed on probation under Section | 14 |
| 10 of the Cannabis Control Act, Section 410
of the Illinois | 15 |
| Controlled Substances Act, or Section 70 of the | 16 |
| Methamphetamine Control and Community Protection Act shall | 17 |
| not be considered convicted.
Any person found guilty of | 18 |
| this offense, while in actual physical control of a
motor | 19 |
| vehicle, shall have an entry made in the court record by | 20 |
| the judge that
this offense did occur while the person was | 21 |
| in actual physical control of a
motor vehicle and order the | 22 |
| clerk of the court to report the violation to the
Secretary | 23 |
| of State as such. The Secretary of State shall not issue a | 24 |
| 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 | 26 |
| who has committed
the offense
of operating a motor vehicle |
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| without a valid license or permit in violation of
Section | 2 |
| 6-101 or a similar out of state offense;
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| 14. To any person who is
90 days or more
delinquent in | 4 |
| court ordered child support
payments or has been | 5 |
| adjudicated in arrears
in an amount equal to 90 days' | 6 |
| obligation or more
and who has been found in contempt
of
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| court for failure to pay the support, subject to the | 8 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code;
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| 14.5. To any person certified by the Illinois | 11 |
| Department of Healthcare and Family Services as being 90 | 12 |
| days or more delinquent in payment of support under an | 13 |
| order of support entered by a court or administrative body | 14 |
| of this or any other State, subject to the requirements and | 15 |
| procedures of Article VII of Chapter 7 of this Code | 16 |
| regarding those certifications;
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| 15. To any person released from a term of imprisonment | 18 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 19 |
| similar provision of a law of another state relating to | 20 |
| reckless homicide or for violating subparagraph (F) of | 21 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 22 |
| Code relating to aggravated driving under the influence of | 23 |
| alcohol, other drug or drugs, intoxicating compound or | 24 |
| compounds, or any combination thereof, if the violation was | 25 |
| the proximate cause of a death, within
24 months of release | 26 |
| from a term of imprisonment;
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| 16. To any person who, with intent to influence any act | 2 |
| related to the issuance of any driver's license or permit, | 3 |
| by an employee of the Secretary of State's Office, or the | 4 |
| owner or employee of any commercial driver exam training | 5 |
| school licensed by the Secretary of State, or any other | 6 |
| individual authorized by the laws of this State to give | 7 |
| driving instructions or administer all or part of a | 8 |
| driver's license examination, promises or tenders to that | 9 |
| person any property or personal advantage which that person | 10 |
| is not authorized by law to accept. Any persons promising | 11 |
| or tendering such property or personal advantage shall be | 12 |
| disqualified from holding any class of driver's license or | 13 |
| permit for 120 consecutive days. The Secretary of State | 14 |
| shall establish by rule the procedures for implementing | 15 |
| this period of disqualification and the procedures by which | 16 |
| persons so disqualified may obtain administrative review | 17 |
| of the decision to disqualify;
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| 17. To any person for whom the Secretary of State | 19 |
| cannot verify the
accuracy of any information or | 20 |
| documentation submitted in application for a
driver's | 21 |
| license; or
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| 18. To any person who has been adjudicated under the | 23 |
| Juvenile Court Act of 1987 based upon an offense that is | 24 |
| determined by the court to have been committed in | 25 |
| furtherance of the criminal activities of an organized | 26 |
| gang, as provided in Section 5-710 of that Act, and that |
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| involved the operation or use of a motor vehicle or the use | 2 |
| of a driver's license or permit. The person shall be denied | 3 |
| a license or permit for the period determined by the court.
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| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 6 |
| confidential under
the Juvenile Court Act of 1987. | 7 |
| (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685, | 8 |
| eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09; | 9 |
| 96-740, eff. 1-1-10; revised 9-15-09.) | 10 |
| (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | 11 |
| Sec. 6-106.1. School bus driver permit.
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| (a) The Secretary of State shall issue a school bus driver
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| permit to those applicants who have met all the requirements of | 14 |
| the
application and screening process under this Section to | 15 |
| insure the
welfare and safety of children who are transported | 16 |
| on school buses
throughout the State of Illinois. Applicants | 17 |
| shall obtain the
proper application required by the Secretary | 18 |
| of State from their
prospective or current employer and submit | 19 |
| the completed
application to the prospective or current | 20 |
| employer along
with the necessary fingerprint submission as | 21 |
| required by the
Department of
State Police to conduct | 22 |
| fingerprint based criminal background
checks on current and | 23 |
| future information available in the state
system and current | 24 |
| information available through the Federal Bureau
of | 25 |
| Investigation's system. Applicants who have completed the
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| fingerprinting requirements shall not be subjected to the
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| fingerprinting process when applying for subsequent permits or
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| submitting proof of successful completion of the annual | 4 |
| refresher
course. Individuals who on the effective date of this | 5 |
| Act possess a valid
school bus driver permit that has been | 6 |
| previously issued by the appropriate
Regional School | 7 |
| Superintendent are not subject to the fingerprinting
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| provisions of this Section as long as the permit remains valid | 9 |
| and does not
lapse. The applicant shall be required to pay all | 10 |
| related
application and fingerprinting fees as established by | 11 |
| rule
including, but not limited to, the amounts established by | 12 |
| the Department of
State Police and the Federal Bureau of | 13 |
| Investigation to process
fingerprint based criminal background | 14 |
| investigations. All fees paid for
fingerprint processing | 15 |
| services under this Section shall be deposited into the
State | 16 |
| Police Services Fund for the cost incurred in processing the | 17 |
| fingerprint
based criminal background investigations. All | 18 |
| other fees paid under this
Section shall be deposited into the | 19 |
| Road
Fund for the purpose of defraying the costs of the | 20 |
| Secretary of State in
administering this Section. All | 21 |
| applicants must:
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| 1. be 21 years of age or older;
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| 2. possess a valid and properly classified driver's | 24 |
| license
issued by the Secretary of State;
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| 3. possess a valid driver's license, which has not been
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| revoked, suspended, or canceled for 3 years immediately |
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| prior to
the date of application, or have not had his or | 2 |
| her commercial motor vehicle
driving privileges
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| disqualified within the 3 years immediately prior to the | 4 |
| date of application;
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| 4. successfully pass a written test, administered by | 6 |
| the
Secretary of State, on school bus operation, school bus | 7 |
| safety, and
special traffic laws relating to school buses | 8 |
| and submit to a review
of the applicant's driving habits by | 9 |
| the Secretary of State at the time the
written test is | 10 |
| given;
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| 5. demonstrate ability to exercise reasonable care in | 12 |
| the operation of
school buses in accordance with rules | 13 |
| promulgated by the Secretary of State;
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| 6. demonstrate physical fitness to operate school | 15 |
| buses by
submitting the results of a medical examination, | 16 |
| including tests for drug
use for each applicant not subject | 17 |
| to such testing pursuant to
federal law, conducted by a | 18 |
| licensed physician, an advanced practice nurse
who has a | 19 |
| written collaborative agreement with
a collaborating | 20 |
| physician which authorizes him or her to perform medical
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| examinations, or a physician assistant who has been | 22 |
| delegated the
performance of medical examinations by his or | 23 |
| her supervising physician
within 90 days of the date
of | 24 |
| application according to standards promulgated by the | 25 |
| Secretary of State;
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| 7. affirm under penalties of perjury that he or she has |
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| not made a
false statement or knowingly concealed a | 2 |
| material fact
in any application for permit;
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| 8. have completed an initial classroom course, | 4 |
| including first aid
procedures, in school bus driver safety | 5 |
| as promulgated by the Secretary of
State; and after | 6 |
| satisfactory completion of said initial course an annual
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| refresher course; such courses and the agency or | 8 |
| organization conducting such
courses shall be approved by | 9 |
| the Secretary of State; failure to
complete the annual | 10 |
| refresher course, shall result in
cancellation of the | 11 |
| permit until such course is completed;
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| 9. not have been convicted of 2 or more serious traffic | 13 |
| offenses, as
defined by rule, within one year prior to the | 14 |
| date of application that may
endanger the life or safety of | 15 |
| any of the driver's passengers within the
duration of the | 16 |
| permit period;
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| 10. not have been convicted of reckless driving, | 18 |
| aggravated reckless driving, driving while
under the | 19 |
| influence of alcohol, other drug or drugs, intoxicating | 20 |
| compound or compounds or any combination thereof | 21 |
| intoxicated , or reckless homicide resulting from the | 22 |
| operation of a motor
vehicle within 3 years of the date of | 23 |
| application;
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| 11. not have been convicted of committing or attempting
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| to commit any
one or more of the following offenses: (i) | 26 |
| those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, |
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| 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | 2 |
| 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | 3 |
| 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 4 |
| 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
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| 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
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| 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | 7 |
| 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | 8 |
| 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
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| 33A-2, and in subsection (a) and subsection (b), clause | 10 |
| (1), of Section
12-4 of the Criminal Code of 1961; (ii) | 11 |
| those offenses defined in the
Cannabis Control Act except | 12 |
| those offenses defined in subsections (a) and
(b) of | 13 |
| Section 4, and subsection (a) of Section 5 of the Cannabis | 14 |
| Control
Act; (iii) those offenses defined in the Illinois | 15 |
| Controlled Substances
Act; (iv) those offenses defined in | 16 |
| the Methamphetamine Control and Community Protection Act; | 17 |
| (v) any offense committed or attempted in any other state | 18 |
| or against
the laws of the United States, which if | 19 |
| committed or attempted in this
State would be punishable as | 20 |
| one or more of the foregoing offenses; (vi)
the offenses | 21 |
| defined in Section 4.1 and 5.1 of the Wrongs to Children | 22 |
| Act and (vii) those offenses defined in Section 6-16 of the | 23 |
| Liquor Control Act of
1934;
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| 12. not have been repeatedly involved as a driver in | 25 |
| motor vehicle
collisions or been repeatedly convicted of | 26 |
| offenses against
laws and ordinances regulating the |
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| movement of traffic, to a degree which
indicates lack of | 2 |
| ability to exercise ordinary and reasonable care in the
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| safe operation of a motor vehicle or disrespect for the | 4 |
| traffic laws and
the safety of other persons upon the | 5 |
| highway;
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| 13. not have, through the unlawful operation of a motor
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| vehicle, caused an accident resulting in the death of any | 8 |
| person; and
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| 14. not have, within the last 5 years, been adjudged to | 10 |
| be
afflicted with or suffering from any mental disability | 11 |
| or disease.
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| (b) A school bus driver permit shall be valid for a period | 13 |
| specified by
the Secretary of State as set forth by rule. It | 14 |
| shall be renewable upon compliance with subsection (a) of this
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| Section.
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| (c) A school bus driver permit shall contain the holder's | 17 |
| driver's
license number, legal name, residence address, zip | 18 |
| code, social
security number and date
of birth, a brief | 19 |
| description of the holder and a space for signature. The
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| Secretary of State may require a suitable photograph of the | 21 |
| holder.
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| (d) The employer shall be responsible for conducting a | 23 |
| pre-employment
interview with prospective school bus driver | 24 |
| candidates, distributing school
bus driver applications and | 25 |
| medical forms to be completed by the applicant, and
submitting | 26 |
| the applicant's fingerprint cards to the Department of State |
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| Police
that are required for the criminal background | 2 |
| investigations. The employer
shall certify in writing to the | 3 |
| Secretary of State that all pre-employment
conditions have been | 4 |
| successfully completed including the successful completion
of | 5 |
| an Illinois specific criminal background investigation through | 6 |
| the
Department of State Police and the submission of necessary
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| fingerprints to the Federal Bureau of Investigation for | 8 |
| criminal
history information available through the Federal | 9 |
| Bureau of
Investigation system. The applicant shall present the
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| certification to the Secretary of State at the time of | 11 |
| submitting
the school bus driver permit application.
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| (e) Permits shall initially be provisional upon receiving
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| certification from the employer that all pre-employment | 14 |
| conditions
have been successfully completed, and upon | 15 |
| successful completion of
all training and examination | 16 |
| requirements for the classification of
the vehicle to be | 17 |
| operated, the Secretary of State shall
provisionally issue a | 18 |
| School Bus Driver Permit. The permit shall
remain in a | 19 |
| provisional status pending the completion of the
Federal Bureau | 20 |
| of Investigation's criminal background investigation based
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| upon fingerprinting specimens submitted to the Federal Bureau | 22 |
| of
Investigation by the Department of State Police. The Federal | 23 |
| Bureau of
Investigation shall report the findings directly to | 24 |
| the Secretary
of State. The Secretary of State shall remove the | 25 |
| bus driver
permit from provisional status upon the applicant's | 26 |
| successful
completion of the Federal Bureau of Investigation's |
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| criminal
background investigation.
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| (f) A school bus driver permit holder shall notify the
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| employer and the Secretary of State if he or she is convicted | 4 |
| in
another state of an offense that would make him or her | 5 |
| ineligible
for a permit under subsection (a) of this Section. | 6 |
| The
written notification shall be made within 5 days of the | 7 |
| entry of
the conviction. Failure of the permit holder to | 8 |
| provide the
notification is punishable as a petty
offense for a | 9 |
| first violation and a Class B misdemeanor for a
second or | 10 |
| subsequent violation.
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| (g) Cancellation; suspension; notice and procedure.
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| (1) The Secretary of State shall cancel a school bus
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| driver permit of an applicant whose criminal background | 14 |
| investigation
discloses that he or she is not in compliance | 15 |
| with the provisions of subsection
(a) of this Section.
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| (2) The Secretary of State shall cancel a school
bus | 17 |
| driver permit when he or she receives notice that the | 18 |
| permit holder fails
to comply with any provision of this | 19 |
| Section or any rule promulgated for the
administration of | 20 |
| this Section.
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| (3) The Secretary of State shall cancel a school bus
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| driver permit if the permit holder's restricted commercial | 23 |
| or
commercial driving privileges are withdrawn or | 24 |
| otherwise
invalidated.
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| (4) The Secretary of State may not issue a school bus
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| driver permit for a period of 3 years to an applicant who |
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| fails to
obtain a negative result on a drug test as | 2 |
| required in item 6 of
subsection (a) of this Section or | 3 |
| under federal law.
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| (5) The Secretary of State shall forthwith suspend
a | 5 |
| school bus driver permit for a period of 3 years upon | 6 |
| receiving
notice that the holder has failed to obtain a | 7 |
| negative result on a
drug test as required in item 6 of | 8 |
| subsection (a) of this Section
or under federal law.
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| (6) The Secretary of State shall suspend a school bus | 10 |
| driver permit for a period of 3 years upon receiving notice | 11 |
| from the employer that the holder failed to perform the | 12 |
| inspection procedure set forth in subsection (a) or (b) of | 13 |
| Section 12-816 of this Code. | 14 |
| The Secretary of State shall notify the State | 15 |
| Superintendent
of Education and the permit holder's | 16 |
| prospective or current
employer that the applicant has (1) has | 17 |
| failed a criminal
background investigation or (2) is no
longer | 18 |
| eligible for a school bus driver permit; and of the related
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| cancellation of the applicant's provisional school bus driver | 20 |
| permit. The
cancellation shall remain in effect pending the | 21 |
| outcome of a
hearing pursuant to Section 2-118 of this Code. | 22 |
| The scope of the
hearing shall be limited to the issuance | 23 |
| criteria contained in
subsection (a) of this Section. A | 24 |
| petition requesting a
hearing shall be submitted to the | 25 |
| Secretary of State and shall
contain the reason the individual | 26 |
| feels he or she is entitled to a
school bus driver permit. The |
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| permit holder's
employer shall notify in writing to the | 2 |
| Secretary of State
that the employer has certified the removal | 3 |
| of the offending school
bus driver from service prior to the | 4 |
| start of that school bus
driver's next workshift. An employing | 5 |
| school board that fails to
remove the offending school bus | 6 |
| driver from service is
subject to the penalties defined in | 7 |
| Section 3-14.23 of the School Code. A
school bus
contractor who | 8 |
| violates a provision of this Section is
subject to the | 9 |
| penalties defined in Section 6-106.11.
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| All valid school bus driver permits issued under this | 11 |
| Section
prior to January 1, 1995, shall remain effective until | 12 |
| their
expiration date unless otherwise invalidated.
| 13 |
| (h) When a school bus driver permit holder who is a service | 14 |
| member is called to active duty, the employer of the permit | 15 |
| holder shall notify the Secretary of State, within 30 days of | 16 |
| notification from the permit holder, that the permit holder has | 17 |
| been called to active duty. Upon notification pursuant to this | 18 |
| subsection, (i) the Secretary of State shall characterize the | 19 |
| permit as inactive until a permit holder renews the permit as | 20 |
| provided in subsection (i) of this Section, and (ii) if a | 21 |
| permit holder fails to comply with the requirements of this | 22 |
| Section while called to active duty, the Secretary of State | 23 |
| shall not characterize the permit as invalid. | 24 |
| (i) A school bus driver permit holder who is a service | 25 |
| member returning from active duty must, within 90 days, renew a | 26 |
| permit characterized as inactive pursuant to subsection (h) of |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| this Section by complying with the renewal requirements of | 2 |
| subsection (b) of this Section. | 3 |
| (j) For purposes of subsections (h) and (i) of this | 4 |
| Section: | 5 |
| "Active duty" means active duty pursuant to an executive | 6 |
| order of the President of the United States, an act of the | 7 |
| Congress of the United States, or an order of the Governor. | 8 |
| "Service member" means a member of the Armed Services or | 9 |
| reserve forces of the United States or a member of the Illinois | 10 |
| National Guard. | 11 |
| (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | 12 |
| revised 12-1-09.)
| 13 |
| (625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
| 14 |
| Sec. 6-202.
Non-residents and Unlicensed | 15 |
| Persons-Revocation and Suspension-Reporting
Convictions.
| 16 |
| (a) The privilege of driving a motor vehicle on highways of | 17 |
| this State
given to a nonresident hereunder and the privilege | 18 |
| which an unlicensed
person might have to obtain a license under | 19 |
| this Act shall be subject to
suspension or revocation by the | 20 |
| Secretary of State in like manner and for
like cause as a | 21 |
| drivers license issued hereunder may be suspended or
revoked.
| 22 |
| (b) The Secretary of State is authorized, upon receiving a | 23 |
| report of the
conviction in this State of a nonresident driver | 24 |
| of a motor vehicle of any
offense under the laws of this State | 25 |
| relating to operation, custody or
ownership of motor vehicles, |
|
|
|
HB4820 Enrolled |
- 18 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
| to forward a copy or abstract of such report
to the motor | 2 |
| vehicle administrator of the State wherein the person so
| 3 |
| convicted is a resident.
| 4 |
| (c) (Blank.) When a nonresident's operating privilege is | 5 |
| suspended or revoked,
the Secretary of State shall forward a | 6 |
| certified copy of the record of such
action to the motor | 7 |
| vehicle administrator in the State where such person
resides.
| 8 |
| (d) This section is subject to the provisions of the Driver | 9 |
| License
Compact.
| 10 |
| (Source: P.A. 76-1752.)
| 11 |
| (625 ILCS 5/Ch. 6 Art. IV heading) | 12 |
| ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS
| 13 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 14 |
| (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| 15 |
| Sec. 6-401. Driver exam training schools for preparation | 16 |
| for examination given by Secretary of State -license required. | 17 |
| No person, firm,
association, partnership or corporation shall | 18 |
| operate a
driver exam training school or engage in the business | 19 |
| of giving instruction for
hire or for a fee in the driving of | 20 |
| motor vehicles for the preparation of
an applicant for | 21 |
| examination given by the Secretary of State for a drivers
| 22 |
| license or permit, unless a license therefor has been issued by | 23 |
| the
Secretary.
No public schools or educational institutions | 24 |
| shall contract with entities
engaged in the business of giving |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| instruction for hire or for a fee in the
driving
of motor | 2 |
| vehicles for the preparation of an applicant for examination | 3 |
| given
by the Secretary of State for a driver's license or | 4 |
| permit, unless a license
therefor has been issued by the | 5 |
| Secretary.
| 6 |
| This Section shall not apply to (i) public schools or to | 7 |
| educational
institutions in which driving instruction is part | 8 |
| of the curriculum, (ii)
employers giving instruction to their | 9 |
| employees, or (iii) schools that teach enhanced driving skills | 10 |
| to licensed drivers as set forth in Article X of Chapter 6 of | 11 |
| this Code.
| 12 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 13 |
| (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| 14 |
| Sec. 6-402. Qualifications of driver exam training | 15 |
| schools. In order to
qualify for a license to operate a driver | 16 |
| exam training school, each applicant must:
| 17 |
| (a) be of good moral character;
| 18 |
| (b) be at least 21 years of age;
| 19 |
| (c) maintain an established place of business open to | 20 |
| the public which
meets the requirements of Section 6-403 | 21 |
| through 6-407;
| 22 |
| (d) maintain bodily injury and property damage | 23 |
| liability insurance on
motor vehicles while used in driving | 24 |
| exam instruction, insuring the liability of
the driving | 25 |
| school, the driving instructors and any person taking
|
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| instruction in at least the following amounts: $50,000 for | 2 |
| bodily injury to
or death of one person in any one accident | 3 |
| and, subject to said limit for
one person, $100,000 for | 4 |
| bodily injury to or death of 2 or more persons in
any one | 5 |
| accident and the amount of $10,000 for damage to property | 6 |
| of others
in any one accident. Evidence of such insurance | 7 |
| coverage in the form of a
certificate from the insurance | 8 |
| carrier shall be filed with the Secretary of
State, and | 9 |
| such certificate shall stipulate that the insurance shall | 10 |
| not be
cancelled except upon 10 days prior written notice | 11 |
| to the Secretary of
State. The decal showing evidence of | 12 |
| insurance shall be affixed to the
windshield of the | 13 |
| vehicle;
| 14 |
| (e) provide a continuous surety company bond in the | 15 |
| principal sum of
$20,000 for the protection of the | 16 |
| contractual rights of
students in such
form as will meet | 17 |
| with the approval of the Secretary of State and written
by | 18 |
| a company authorized to do business in this State. However, | 19 |
| the
aggregate liability of the surety for all breaches of | 20 |
| the condition of the
bond in no event shall exceed the | 21 |
| principal sum of $20,000. The
surety on
any such bond may | 22 |
| cancel such bond on giving 30 days notice thereof in
| 23 |
| writing to the Secretary of State and shall be relieved of | 24 |
| liability for
any breach of any conditions of the bond | 25 |
| which occurs after the effective
date of cancellation;
| 26 |
| (f) have the equipment necessary to the giving of |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| proper instruction in
the operation of motor vehicles;
| 2 |
| (g) have and use a business telephone listing for all | 3 |
| business
purposes;
| 4 |
| (h) pay to the Secretary of State an application fee of
| 5 |
| $500 and $50 for each branch application; and
| 6 |
| (i) authorize an investigation to include a | 7 |
| fingerprint based background
check
to determine if the | 8 |
| applicant has ever been convicted of a crime and if so, the
| 9 |
| disposition of those convictions. The authorization shall | 10 |
| indicate the scope
of
the inquiry and the agencies that may | 11 |
| be contacted. Upon this authorization,
the
Secretary of | 12 |
| State may request and receive information and assistance | 13 |
| from any
federal, State, or local governmental agency as | 14 |
| part of the authorized
investigation. Each applicant shall | 15 |
| have his or her fingerprints submitted to
the Department of | 16 |
| State Police in the form and manner prescribed by the
| 17 |
| Department of State Police. The fingerprints shall be | 18 |
| checked against the
Department of State Police and Federal | 19 |
| Bureau of Investigation criminal history
record | 20 |
| information databases. The Department of State
Police | 21 |
| shall charge a fee for conducting the criminal history | 22 |
| records check,
which shall be deposited in the State Police | 23 |
| Services Fund and shall not exceed
the actual cost of the | 24 |
| records check. The applicant shall be required to pay
all
| 25 |
| related fingerprint fees including, but not limited to, the | 26 |
| amounts established
by the Department of State Police and |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| the Federal Bureau of Investigation to
process fingerprint | 2 |
| based criminal background investigations. The Department | 3 |
| of
State Police shall provide information concerning any | 4 |
| criminal convictions and
disposition of criminal | 5 |
| convictions brought against the applicant upon request
of | 6 |
| the Secretary
of State provided that the request is made in | 7 |
| the form and manner required by
the
Department of the State | 8 |
| Police. Unless otherwise prohibited by law, the
| 9 |
| information derived from the investigation including the | 10 |
| source of the
information and any conclusions or | 11 |
| recommendations derived from the
information by the | 12 |
| Secretary of State shall be provided to the applicant, or
| 13 |
| his
designee, upon request to the Secretary of State, prior | 14 |
| to any final action by
the Secretary of State on the | 15 |
| application. Any criminal convictions and
disposition | 16 |
| information obtained by the Secretary of State shall be
| 17 |
| confidential
and may not be transmitted outside the Office | 18 |
| of the Secretary of State, except
as required herein, and | 19 |
| may not be transmitted to anyone within the Office of
the | 20 |
| Secretary of State except as needed for the purpose of | 21 |
| evaluating the
applicant. The information obtained from | 22 |
| the investigation may be maintained
by the Secretary of | 23 |
| State or any agency to which the information was
| 24 |
| transmitted.
Only information and standards, which bear a | 25 |
| reasonable and rational relation
to
the performance of a | 26 |
| driver exam training school owner, shall be used by the
|
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| Secretary of State. Any employee of the Secretary of State | 2 |
| who gives or causes
to be given away any confidential | 3 |
| information concerning any criminal charges
or disposition | 4 |
| of criminal charges of an applicant shall be guilty of a | 5 |
| Class A
misdemeanor,
unless release of the information is | 6 |
| authorized by this Section.
| 7 |
| No license shall be issued under this Section to a person | 8 |
| who is a
spouse, offspring, sibling, parent, grandparent, | 9 |
| grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | 10 |
| of the person whose license to do
business at that location has | 11 |
| been revoked or denied or to a person who was
an officer or | 12 |
| employee of a business firm that has had its license revoked
or | 13 |
| denied, unless the Secretary of State is satisfied the | 14 |
| application was
submitted in good faith and not for the purpose | 15 |
| or effect of defeating the
intent of this Code.
| 16 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 17 |
| (625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
| 18 |
| Sec. 6-403. Established Place of Business. The established | 19 |
| place of business of each driver exam training school must be
| 20 |
| owned or leased by the driver exam training school and | 21 |
| regularly occupied and
primarily used by that driver exam | 22 |
| training school for the business of selling
and giving driving | 23 |
| instructions for hire or for a fee, and the business of
| 24 |
| preparing members of the public for examination given by the | 25 |
| Secretary of
State for a drivers license.
|
|
|
|
HB4820 Enrolled |
- 24 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 2 |
| (625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
| 3 |
| Sec. 6-404. Location of Schools. The established place of | 4 |
| business of each driver exam training school must be
located in | 5 |
| a district which is zoned for business or commercial purposes.
| 6 |
| The driver exam training school office must have a permanent | 7 |
| sign clearly
readable from the street, from a distance of no | 8 |
| less than 100 feet, with
the name of the driving exam school | 9 |
| upon it.
| 10 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 11 |
| (625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
| 12 |
| Sec. 6-405. Restrictions of Locations. The established | 13 |
| place of business, or branch office, branch class room
or | 14 |
| advertised address of any driver exam training school shall not | 15 |
| consist of or
include a house trailer, residence, tent, | 16 |
| temporary stand, temporary
address, office space, a room or | 17 |
| rooms in a hotel, rooming house or
apartment house, or premises | 18 |
| occupied by a single or multiple unit dwelling
house or | 19 |
| telephone answering service.
| 20 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 21 |
| (625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
| 22 |
| Sec. 6-406. Required Facilities.
| 23 |
| (a) The established place of business of each driver exam |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| training school
must consist of at least the following | 2 |
| permanent facilities:
| 3 |
| (1) An office facility;
| 4 |
| (2) A class room facility.
| 5 |
| (b) The main class room facility of each driver exam | 6 |
| training school must be
reasonably accessible to the main | 7 |
| office facility of the driver exam training
school.
| 8 |
| (c) All class room facilities must have adequate lighting, | 9 |
| heating,
ventilation, and must comply with all state, and local | 10 |
| laws relating to
public health, safety and sanitation.
| 11 |
| (d) The main office facility and branch office facility of | 12 |
| each driver exam
training school must contain sufficient space, | 13 |
| equipment, records and
personnel to carry on the business of | 14 |
| the driver exam training school. The main
office facility must | 15 |
| be specifically devoted to driver exam training school
| 16 |
| business.
| 17 |
| (e) A driver exam training school which as an established | 18 |
| place of business
and a main office facility, may operate a | 19 |
| branch office or a branch class
room provided that all the | 20 |
| requirements for the main office or main class
room are met and | 21 |
| that such branch office bears the same name and is
operated as | 22 |
| a part of the same business entity as the main office facility.
| 23 |
| (f) No driver exam training school may share any main or | 24 |
| branch facility or
facilities with any other driver exam | 25 |
| training school.
| 26 |
| (Source: P.A. 96-740, eff. 1-1-10.)
|
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| (625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
| 2 |
| Sec. 6-407. Locations and State Facilities. No office or | 3 |
| place of business of a driver exam training school shall be
| 4 |
| established within 1,500 feet of any building used as an office | 5 |
| by any
department of the Secretary of State having to do with | 6 |
| the administration
of any laws relating to motor vehicles, nor | 7 |
| may any driving school solicit
or advertise for business within | 8 |
| 1,500 feet of any building used as an
office by the Secretary | 9 |
| of State having to do with the administration of
any laws | 10 |
| relating to motor vehicles.
| 11 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 12 |
| (625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
| 13 |
| Sec. 6-408. Records. All driver exam training schools | 14 |
| licensed by the Secretary of State must
maintain a permanent | 15 |
| record of instructions given to each student. The
record must | 16 |
| contain the name of the school and the name of the student, the
| 17 |
| number of all licenses or permits held by the student, the type | 18 |
| and date of
instruction given, whether class room or behind the | 19 |
| wheel, and the
signature of the instructor.
| 20 |
| All permanent student instruction records must be kept on | 21 |
| file in the
main office of each driver exam training school for | 22 |
| a period of 3 calendar years
after the student has ceased | 23 |
| taking instruction at or with the school.
| 24 |
| The records should show the fees and charges of the school |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| and also the
record should show the course content and | 2 |
| instructions given to each
student.
| 3 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 4 |
| (625 ILCS 5/6-408.5)
| 5 |
| Sec. 6-408.5. Courses for students or high school dropouts; | 6 |
| limitation.
| 7 |
| (a) No driver exam training school
or driving exam training | 8 |
| instructor licensed under this Act may request a
certificate of | 9 |
| completion from the Secretary of State as provided in Section
| 10 |
| 6-411 for any person who is enrolled as a
student in any public | 11 |
| or non-public secondary school at the time such
instruction is | 12 |
| to be provided, or who was so enrolled during the semester last
| 13 |
| ended if that instruction is to be provided between semesters | 14 |
| or during the
summer after the regular school term ends, unless | 15 |
| that student has received a
passing grade in at least 8 courses | 16 |
| during the 2 semesters last ending prior to
requesting a | 17 |
| certificate of completion from the Secretary of State for the
| 18 |
| student.
| 19 |
| (b) No driver exam training school or driving exam training | 20 |
| instructor licensed under
this Act may request a certificate of | 21 |
| completion from the Secretary of State as
provided in Section | 22 |
| 6-411 for any person who has dropped out of school and has
not | 23 |
| yet attained the age of 18 years unless the driver exam | 24 |
| training school or
driving exam training instructor has: 1) | 25 |
| obtained written documentation verifying
the
dropout's |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| enrollment in a GED or alternative education program or has | 2 |
| obtained
a copy of the dropout's GED certificate; 2) obtained | 3 |
| verification that the
student prior to dropping out had | 4 |
| received a passing grade in at least 8
courses during the 2 | 5 |
| previous
semesters last ending prior to requesting a | 6 |
| certificate of completion; or 3)
obtained written consent from | 7 |
| the dropout's parents or guardians and the
regional | 8 |
| superintendent.
| 9 |
| (c) Students shall be informed of the
eligibility | 10 |
| requirements of this Act
in writing at the time of | 11 |
| registration.
| 12 |
| (d) The superintendent of schools of the
school district in | 13 |
| which the student resides and attends school or in which
the | 14 |
| student resides at the time he or she drops out of school (with | 15 |
| respect
to a public high school student or a dropout from the | 16 |
| public high school)
or the chief school administrator (with
| 17 |
| respect to a student who attends a non-public high school or a | 18 |
| dropout from a
non-public high school) may waive the | 19 |
| requirements of this Section if the superintendent
or chief | 20 |
| school administrator, as the case
may be, deems it to be in the | 21 |
| best interests of the student or dropout.
Before requesting a | 22 |
| certificate of completion from the Secretary of State
for any | 23 |
| person who is enrolled
as
a student in any public or non-public | 24 |
| secondary school or who was so enrolled
in the semester last | 25 |
| ending prior to the request for a certificate of
completion | 26 |
| from the Secretary of State or who is of high school age, the |
|
|
|
HB4820 Enrolled |
- 29 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
| driver
exam training school shall
determine from the school | 2 |
| district in which that person resides or resided at
the time of | 3 |
| dropping out of school, or from the
chief administrator of the | 4 |
| non-public high school attended or last
attended by such | 5 |
| person, as
the case may be, that such person is not ineligible | 6 |
| to receive a certificate
of completion under this Section.
| 7 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 8 |
| (625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
| 9 |
| Sec. 6-409. Display of License. Each driver exam training | 10 |
| school must display at a prominent place in its
main office all | 11 |
| of the following:
| 12 |
| (a) The State license issued to the school;
| 13 |
| (b) The names and addresses and State instructors licenses | 14 |
| of all
instructors employed by the school;
| 15 |
| (c) The address of all branch offices and branch class | 16 |
| rooms.
| 17 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 18 |
| (625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
| 19 |
| Sec. 6-410. Vehicle inspections. The Department of | 20 |
| Transportation shall
provide for the inspection of all motor | 21 |
| vehicles used for driver exam training,
and shall issue a | 22 |
| safety inspection sticker provided:
| 23 |
| (a) The motor vehicle has been inspected by the Department | 24 |
| and found to
be in safe mechanical condition;
|
|
|
|
HB4820 Enrolled |
- 30 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
| (b) The motor vehicle is equipped with dual control brakes | 2 |
| and a
mirror on each side of the motor vehicle so located as to | 3 |
| reflect to the
driver a view of the highway for a distance of | 4 |
| at least 200 feet to the
rear of such motor vehicle; and
| 5 |
| (c) The motor vehicle is equipped with a sign or signs | 6 |
| visible from the
front and the rear in letters no less than 2 | 7 |
| inches tall, listing the full
name of the driver exam training | 8 |
| school which has registered and insured the
motor vehicle.
| 9 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 10 |
| (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| 11 |
| Sec. 6-411. Qualifications of Driver Exam Training | 12 |
| Instructors. In order to
qualify for a license as an instructor | 13 |
| for a driving exam school, an applicant must:
| 14 |
| (a) Be of good moral character;
| 15 |
| (b) Authorize an investigation to include a | 16 |
| fingerprint based background
check to determine if the | 17 |
| applicant has ever
been convicted of a crime and if so, the | 18 |
| disposition of those convictions;
this authorization shall | 19 |
| indicate the scope of the inquiry and the agencies
which | 20 |
| may be contacted. Upon this authorization the Secretary of | 21 |
| State
may request and receive information and assistance | 22 |
| from any federal, state
or local governmental agency as | 23 |
| part of the authorized investigation.
Each applicant shall | 24 |
| submit his or her fingerprints to
the Department
of State | 25 |
| Police in the form and manner prescribed by the Department |
|
|
|
HB4820 Enrolled |
- 31 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
| of State
Police. These fingerprints shall be checked | 2 |
| against the fingerprint records now
and hereafter filed in | 3 |
| the Department of State
Police and Federal Bureau of | 4 |
| Investigation criminal history records
databases. The | 5 |
| Department of State Police shall charge
a fee for | 6 |
| conducting the criminal history records check, which shall | 7 |
| be
deposited in the State Police Services Fund and shall | 8 |
| not exceed the actual
cost of the records check. The | 9 |
| applicant shall be required to pay all related
fingerprint | 10 |
| fees including, but not limited to, the amounts established | 11 |
| by the
Department of State Police and the Federal Bureau of | 12 |
| Investigation to process
fingerprint based criminal | 13 |
| background investigations.
The
Department of State Police | 14 |
| shall provide information concerning any criminal
| 15 |
| convictions, and their disposition, brought against the | 16 |
| applicant upon request
of the Secretary of State when the | 17 |
| request is made in the form and manner
required by the | 18 |
| Department of State Police. Unless otherwise prohibited by
| 19 |
| law, the information derived
from this investigation | 20 |
| including the source of this information, and any
| 21 |
| conclusions or recommendations derived from this | 22 |
| information by the Secretary
of State shall be provided to | 23 |
| the applicant, or his designee, upon request
to the | 24 |
| Secretary of State, prior to any final action by the
| 25 |
| Secretary of State on the application. Any criminal
| 26 |
| convictions and their disposition information obtained by |
|
|
|
HB4820 Enrolled |
- 32 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
| the Secretary
of State shall be confidential and may not be | 2 |
| transmitted outside the Office
of the Secretary of State, | 3 |
| except as required herein, and may not be
transmitted to | 4 |
| anyone within the Office of the Secretary of State except | 5 |
| as
needed for
the purpose of evaluating the applicant. The | 6 |
| information obtained from this
investigation may be | 7 |
| maintained by the
Secretary of State or
any agency to which | 8 |
| such information was
transmitted. Only information
and | 9 |
| standards which bear a reasonable and rational relation to | 10 |
| the performance
of a driver exam training instructor shall | 11 |
| be used by the Secretary of State.
Any employee of the | 12 |
| Secretary of State who gives or causes to be given away
any | 13 |
| confidential information concerning any
criminal charges | 14 |
| and their disposition of an applicant shall be guilty of
a | 15 |
| Class A misdemeanor unless release of such information is | 16 |
| authorized by this
Section;
| 17 |
| (c) Pass such examination as the Secretary of State | 18 |
| shall require on (1)
traffic laws, (2) safe driving | 19 |
| practices, (3) operation of motor vehicles,
and (4) | 20 |
| qualifications of teacher;
| 21 |
| (d) Be physically able to operate safely a motor | 22 |
| vehicle and to train
others in the operation of motor | 23 |
| vehicles. An instructors license application
must be | 24 |
| accompanied by a medical examination report completed by a | 25 |
| competent
physician licensed to practice in the State of | 26 |
| Illinois;
|
|
|
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HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| (e) Hold a valid Illinois drivers license;
| 2 |
| (f) Have graduated from an accredited high school after | 3 |
| at least 4 years
of high school education or the | 4 |
| equivalent; and
| 5 |
| (g) Pay to the Secretary of State an application and | 6 |
| license fee of $70.
| 7 |
| If a driver exam training school class room instructor | 8 |
| teaches an approved driver
education course, as defined in | 9 |
| Section 1-103 of this Code, to students
under 18 years of age, | 10 |
| he or she shall furnish to
the Secretary of State a certificate | 11 |
| issued by the State Board of Education
that the said instructor | 12 |
| is qualified and meets the minimum educational
standards for | 13 |
| teaching driver education courses in the local public or
| 14 |
| parochial school systems, except that no State Board of | 15 |
| Education certification
shall be required of any instructor who | 16 |
| teaches exclusively in a
commercial driving school. On and | 17 |
| after July 1, 1986, the existing
rules and regulations of the | 18 |
| State
Board of Education concerning commercial driving schools | 19 |
| shall continue to
remain in effect but shall be administered by | 20 |
| the Secretary of State until
such time as the Secretary of | 21 |
| State shall amend or repeal the rules in
accordance with the | 22 |
| Illinois Administrative Procedure Act. Upon request,
the | 23 |
| Secretary of State shall issue a certificate of completion to a | 24 |
| student
under 18 years of age who has completed an approved | 25 |
| driver education course
at a commercial driving school.
| 26 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10.)
|
|
|
|
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LRB096 17402 AJT 32755 b |
|
| 1 |
| (625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
| 2 |
| Sec. 6-412. Issuance of Licenses to Driver Exam Training | 3 |
| Schools and Driver Exam Training
Instructors. The Secretary of | 4 |
| State shall issue a license certificate to each
applicant to | 5 |
| conduct a driver exam training school or to each driver exam | 6 |
| training
instructor when the Secretary of State is satisfied | 7 |
| that such person has
met the qualifications required under this | 8 |
| Act.
| 9 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 10 |
| (625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
| 11 |
| Sec. 6-413. Expiration of Licenses. All outstanding | 12 |
| licenses issued to any driver exam training school or driver | 13 |
| exam
training instructor under this Act shall expire by | 14 |
| operation of law 24
months from the date of issuance, unless | 15 |
| sooner cancelled, suspended or
revoked under the provisions of | 16 |
| Section 6-420.
| 17 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 18 |
| (625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
| 19 |
| Sec. 6-414. Renewal of Licenses. The license of each driver | 20 |
| exam training school may be renewed subject to the
same | 21 |
| conditions as the original license, and upon the payment of a
| 22 |
| renewal license fee of $500 and $50 for each renewal of a | 23 |
| branch
application.
|
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 2 |
| (625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
| 3 |
| Sec. 6-415. Renewal Fee. The license of each driver exam | 4 |
| training instructor may be renewed subject to
the same | 5 |
| conditions of the original license, and upon the payment of | 6 |
| annual
renewal license fee of $70.
| 7 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 8 |
| (625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
| 9 |
| Sec. 6-416. Licenses: Form and Filing. All applications for | 10 |
| renewal of a driver exam training school license or
driver exam | 11 |
| training instructor's license shall be on a form prescribed by | 12 |
| the
Secretary, and must be filed with the Secretary not
less | 13 |
| than 15 days preceding the expiration date of the license to be | 14 |
| renewed.
| 15 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 16 |
| (625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
| 17 |
| Sec. 6-417. Instructor's license. Each driver exam | 18 |
| training instructor's license shall authorize the licensee
to | 19 |
| instruct only at or for the driver exam training school | 20 |
| indicated on the
license. The Secretary shall not issue a | 21 |
| driver training instructor's
license to any individual who is | 22 |
| licensed to instruct at or for another
driver exam training | 23 |
| school.
|
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 2 |
| (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| 3 |
| Sec. 6-419. Rules and Regulations. The Secretary is | 4 |
| authorized to prescribe by rule standards for the
eligibility, | 5 |
| conduct and operation of driver exam training schools, and
| 6 |
| instructors and to adopt other reasonable rules and regulations | 7 |
| necessary
to carry out the provisions of this Act.
| 8 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 9 |
| (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
| 10 |
| Sec. 6-420. Denial, Cancellation, Suspension, Revocation | 11 |
| and Failure to
Renew License. The Secretary may deny, cancel, | 12 |
| suspend or revoke, or refuse
to renew any driver exam training | 13 |
| school license or any driver exam training instructor
license:
| 14 |
| (1) When the Secretary is satisfied that the licensee | 15 |
| fails to meet the
requirements to receive or hold a license | 16 |
| under this Code;
| 17 |
| (2) Whenever the licensee fails to keep the records | 18 |
| required by this
Code;
| 19 |
| (3) Whenever the licensee permits fraud or engages in | 20 |
| fraudulent
practices either with reference to a student or | 21 |
| the Secretary, or induces
or countenances fraud or | 22 |
| fraudulent practices on the part of any applicant
for a | 23 |
| driver's license or permit;
| 24 |
| (4) Whenever the licensee fails to comply with any |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| provision of this Code
or any rule of the Secretary made | 2 |
| pursuant thereto;
| 3 |
| (5) Whenever the licensee represents himself as an | 4 |
| agent or employee of
the Secretary or uses advertising | 5 |
| designed to lead or which would
reasonably have the effect | 6 |
| of leading persons to believe that such licensee
is in fact | 7 |
| an employee or representative of the Secretary;
| 8 |
| (6) Whenever the licensee or any employee or agent of | 9 |
| the licensee
solicits driver training or instruction in an | 10 |
| office of any department of
the Secretary of State having | 11 |
| to do with the administration of any law
relating to motor | 12 |
| vehicles, or within 1,500 feet of any such office;
| 13 |
| (7) Whenever the licensee is convicted of driving while
| 14 |
| under the influence of alcohol, other drugs, or a | 15 |
| combination thereof;
leaving the scene of an accident; | 16 |
| reckless homicide or reckless driving; or
| 17 |
| (8) Whenever a driver exam training school advertises | 18 |
| that a driver's license
is guaranteed upon completion of | 19 |
| the course of instruction.
| 20 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 21 |
| (625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
| 22 |
| Sec. 6-422. Prior law and licenses thereunder. This Act | 23 |
| shall not affect the validity of any outstanding license issued
| 24 |
| to any driver exam training school or driver exam training | 25 |
| instructor by the
Secretary of State under any prior law, nor |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| shall this Act affect the
validity or legality of any contract, | 2 |
| agreement or undertaking entered into
by any driver exam | 3 |
| training school or driver exam training instructor, or any | 4 |
| person,
firm, corporation, partnership or association based on | 5 |
| those provisions of
any prior law.
| 6 |
| (Source: P.A. 96-740, eff. 1-1-10.)
| 7 |
| (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
| 8 |
| Sec. 6-901. Definitions. For the purposes of this
Article:
| 9 |
| "Board" means the Driver's License Medical Advisory Board.
| 10 |
| "Medical examiner" or "medical practitioner" means any
| 11 |
| person licensed to practice medicine in all its branches in
the | 12 |
| State of Illinois or any other state .
| 13 |
| (Source: P.A. 92-703, eff. 7-19-02.)
| 14 |
| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 15 |
| Sec. 11-1301.3. Unauthorized use of parking places | 16 |
| reserved for persons with
disabilities. | 17 |
| (a) It shall be prohibited to park any motor vehicle which | 18 |
| is not properly
displaying
registration plates or decals issued | 19 |
| to a person with disabilities, as defined
by Section 1-159.1, | 20 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 21 |
| disabled veteran pursuant to Section 3-609 of this Act, as | 22 |
| evidence that the
vehicle is operated by or for a person with | 23 |
| disabilities or disabled veteran,
in any parking place, | 24 |
| including any private
or public offstreet parking facility, |
|
|
|
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LRB096 17402 AJT 32755 b |
|
| 1 |
| specifically reserved, by the
posting of an official sign as | 2 |
| designated under Section 11-301, for
motor vehicles displaying | 3 |
| such registration plates.
It shall be prohibited to park any | 4 |
| motor vehicle in a designated access
aisle adjacent to any | 5 |
| parking place specifically reserved for persons with
| 6 |
| disabilities, by the posting of an official sign as designated | 7 |
| under Section
11-301, for motor vehicles displaying such | 8 |
| registration plates.
When using the parking privileges for | 9 |
| persons with disabilities, the parking
decal or device must be | 10 |
| displayed properly in the vehicle where it is clearly
visible | 11 |
| to law enforcement personnel, either hanging from the rearview | 12 |
| mirror
or placed on the dashboard of the vehicle in clear view.
| 13 |
| Disability license plates and parking decals and devices are | 14 |
| not transferable from person to person. Proper usage of the | 15 |
| disability license plate or parking decal or device requires | 16 |
| the authorized holder to be present and enter or exit the | 17 |
| vehicle at the time the parking privileges are being used. It | 18 |
| is a violation of this Section to park in a space reserved for | 19 |
| a person with disabilities if the authorized holder of the | 20 |
| disability license plate or parking decal or device does not | 21 |
| enter or exit the vehicle at the time the parking privileges | 22 |
| are being used. Any motor vehicle properly displaying a | 23 |
| disability license plate or a
parking decal or device | 24 |
| containing the International symbol of access
issued to persons | 25 |
| with disabilities by any local authority, state, district,
| 26 |
| territory or foreign country shall be recognized by State and |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| local
authorities as a valid license plate or device and | 2 |
| receive the same parking
privileges as residents of this State.
| 3 |
| (a-1) An individual with a vehicle displaying disability | 4 |
| license plates or a parking decal or device issued to a | 5 |
| qualified person with a disability under Sections 3-616, | 6 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 7 |
| 3-609 is in violation of this Section if (i) the person using | 8 |
| the disability license plate or parking decal or device is not | 9 |
| the authorized holder of the disability license plate or | 10 |
| parking decal or device or is not transporting the authorized | 11 |
| holder of the disability license plate or parking decal or | 12 |
| device to or from the parking location and (ii) the person uses | 13 |
| the disability license plate or parking decal or device to | 14 |
| exercise any privileges granted through the disability license | 15 |
| plate or parking decals or devices under this Code.
| 16 |
| (b) Any person or local authority owning or operating any | 17 |
| public or private
offstreet parking facility may, after | 18 |
| notifying the police or sheriff's
department, remove or cause | 19 |
| to be removed to the nearest garage or other
place of safety | 20 |
| any vehicle parked within a stall or space reserved for
use by | 21 |
| a person with disabilities which does not
display person with | 22 |
| disabilities registration
plates or a special decal or device | 23 |
| as required under this Section.
| 24 |
| (c) Any person found guilty of violating the provisions of | 25 |
| subsection (a) shall be fined $250 in addition to any costs or | 26 |
| charges connected
with the removal or storage of any motor |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| vehicle authorized under this
Section; but municipalities by | 2 |
| ordinance may impose a fine up to $350
and shall display signs | 3 |
| indicating the fine imposed. If the amount of
the fine is | 4 |
| subsequently changed, the municipality shall change the sign to
| 5 |
| indicate the current amount of the fine.
It shall not be a | 6 |
| defense to a charge under this Section that either the sign | 7 |
| posted
pursuant to this
Section or the intended accessible | 8 |
| parking place does not comply with the technical requirements | 9 |
| of Section 11-301,
Department
regulations, or local ordinance | 10 |
| if a reasonable person would be made aware by
the
sign or | 11 |
| notice on or near the parking place that the place is reserved | 12 |
| for a
person
with
disabilities.
| 13 |
| (c-1) Any person found guilty of violating the provisions | 14 |
| of subsection (a-1) a first time shall be fined $500. Any | 15 |
| person found guilty of violating subsection (a-1) a second time | 16 |
| shall be fined $750 , and the Secretary of State may revoke the | 17 |
| person's driving privileges or suspend those privileges for a | 18 |
| period of time to be determined by the Secretary . Any person | 19 |
| found guilty of violating subsection (a-1) a third or | 20 |
| subsequent time shall be fined $1,000. The circuit clerk shall | 21 |
| distribute 50% of the fine imposed on any person who is found | 22 |
| guilty of or pleads guilty to violating this Section, including | 23 |
| any person placed on court supervision for violating this | 24 |
| Section, to the law enforcement agency that issued the citation | 25 |
| or made the arrest. If more than one law enforcement agency is | 26 |
| responsible for issuing the citation or making the arrest, the |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| 50% of the fine imposed shall be shared equally.
If an officer | 2 |
| of the Secretary of State Department of Police arrested a | 3 |
| person for a violation of this Section, 50% of the fine imposed | 4 |
| shall be deposited into the Secretary of State Police Services | 5 |
| Fund. | 6 |
| (d) Local authorities shall impose fines as established in | 7 |
| subsections
(c) and (c-1) for violations of this Section.
| 8 |
| (e) As used in this Section, "authorized holder" means an | 9 |
| individual
issued a disability
license plate under Section | 10 |
| 3-616 of this
Code, an individual issued a parking decal or | 11 |
| device
under Section 11-1301.2 of this Code, or an individual | 12 |
| issued a disabled veteran's license plate under Section 3-609 | 13 |
| of this Code. | 14 |
| (f) Any person who commits a violation of subsection (a-1) | 15 |
| may have his or her driving privileges suspended or revoked by | 16 |
| the Secretary of State for a period of time determined by the | 17 |
| Secretary of State. The Secretary of State may also suspend or | 18 |
| revoke the disability license plates or parking decal or device | 19 |
| for a period of time determined by the Secretary of State.
| 20 |
| (g) Any police officer may seize the parking decal
or | 21 |
| device from any person who commits a violation of this Section. | 22 |
| Any police officer may seize the disability license plate upon | 23 |
| authorization from the Secretary of State. Any police officer | 24 |
| may request that the Secretary of State revoke the parking | 25 |
| decal or device or the disability license plate of any person | 26 |
| who commits a violation of this Section. |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | 2 |
| eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; revised | 3 |
| 8-20-09.)
| 4 |
| Section 10. The Criminal Code of 1961 is amended by | 5 |
| changing Section 33-6 as follows: | 6 |
| (720 ILCS 5/33-6) | 7 |
| Sec. 33-6. Bribery to obtain driving privileges.
| 8 |
| (a) A person commits the offense of bribery to obtain | 9 |
| driving privileges when: | 10 |
| (1) with intent to influence any act related to the | 11 |
| issuance of any driver's license or permit by an employee | 12 |
| of the Illinois Secretary of State's Office, or the owner | 13 |
| or employee of any commercial driver exam training school | 14 |
| licensed by the Illinois Secretary of State, or any other | 15 |
| individual authorized by the laws of this State to give | 16 |
| driving instructions or administer all or part of a | 17 |
| driver's license examination, he or she promises or tenders | 18 |
| to that person any property or personal advantage which | 19 |
| that person is not authorized by law to accept; or | 20 |
| (2) with intent to cause any person to influence any | 21 |
| act related to the issuance of any driver's license or | 22 |
| permit by an employee of the Illinois Secretary of State's | 23 |
| Office, or the owner or employee of any commercial driver | 24 |
| exam training school licensed by the Illinois Secretary of |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| State, or any other individual authorized by the laws of | 2 |
| this State to give driving instructions or administer all | 3 |
| or part of a driver's license examination, he or she | 4 |
| promises or tenders to that person any property or personal | 5 |
| advantage which that person is not authorized by law to | 6 |
| accept; or | 7 |
| (3) as an employee of the Illinois Secretary of State's | 8 |
| Office, or the owner or employee of any commercial driver | 9 |
| exam training school licensed by the Illinois Secretary of | 10 |
| State, or any other individual authorized by the laws of | 11 |
| this State to give driving instructions or administer all | 12 |
| or part of a driver's license examination, solicits, | 13 |
| receives, retains, or agrees to accept any property or | 14 |
| personal advantage that he or she is not authorized by law | 15 |
| to accept knowing that such property or personal advantage | 16 |
| was promised or tendered with intent to influence the | 17 |
| performance of any act related to the issuance of any | 18 |
| driver's license or permit; or | 19 |
| (4) as an employee of the Illinois Secretary of State's | 20 |
| Office, or the owner or employee of any commercial driver | 21 |
| exam training school licensed by the Illinois Secretary of | 22 |
| State, or any other individual authorized by the laws of | 23 |
| this State to give driving instructions or administer all | 24 |
| or part of a driver's license examination, solicits, | 25 |
| receives, retains, or agrees to accept any property or | 26 |
| personal advantage pursuant to an understanding that he or |
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| she shall improperly influence or attempt to influence the | 2 |
| performance of any act related to the issuance of any | 3 |
| driver's license or permit. | 4 |
| (b) Sentence.
Bribery to obtain driving privileges is a | 5 |
| Class 2 felony.
| 6 |
| (Source: P.A. 96-740, eff. 1-1-10.) | 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|
|
|
HB4820 Enrolled |
- 46 - |
LRB096 17402 AJT 32755 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
| 4 |
| 625 ILCS 5/6-106.1 |
from Ch. 95 1/2, par. 6-106.1 |
| 5 |
| 625 ILCS 5/6-202 |
from Ch. 95 1/2, par. 6-202 |
| 6 |
| 625 ILCS 5/Ch. 6 Art. IV | 7 |
| heading |
|
| 8 |
| 625 ILCS 5/6-401 |
from Ch. 95 1/2, par. 6-401 |
| 9 |
| 625 ILCS 5/6-402 |
from Ch. 95 1/2, par. 6-402 |
| 10 |
| 625 ILCS 5/6-403 |
from Ch. 95 1/2, par. 6-403 |
| 11 |
| 625 ILCS 5/6-404 |
from Ch. 95 1/2, par. 6-404 |
| 12 |
| 625 ILCS 5/6-405 |
from Ch. 95 1/2, par. 6-405 |
| 13 |
| 625 ILCS 5/6-406 |
from Ch. 95 1/2, par. 6-406 |
| 14 |
| 625 ILCS 5/6-407 |
from Ch. 95 1/2, par. 6-407 |
| 15 |
| 625 ILCS 5/6-408 |
from Ch. 95 1/2, par. 6-408 |
| 16 |
| 625 ILCS 5/6-408.5 |
|
| 17 |
| 625 ILCS 5/6-409 |
from Ch. 95 1/2, par. 6-409 |
| 18 |
| 625 ILCS 5/6-410 |
from Ch. 95 1/2, par. 6-410 |
| 19 |
| 625 ILCS 5/6-411 |
from Ch. 95 1/2, par. 6-411 |
| 20 |
| 625 ILCS 5/6-412 |
from Ch. 95 1/2, par. 6-412 |
| 21 |
| 625 ILCS 5/6-413 |
from Ch. 95 1/2, par. 6-413 |
| 22 |
| 625 ILCS 5/6-414 |
from Ch. 95 1/2, par. 6-414 |
| 23 |
| 625 ILCS 5/6-415 |
from Ch. 95 1/2, par. 6-415 |
| 24 |
| 625 ILCS 5/6-416 |
from Ch. 95 1/2, par. 6-416 |
| 25 |
| 625 ILCS 5/6-417 |
from Ch. 95 1/2, par. 6-417 |
|
|
|
|
HB4820 Enrolled |
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LRB096 17402 AJT 32755 b |
|
| 1 |
| 625 ILCS 5/6-419 |
from Ch. 95 1/2, par. 6-419 |
| 2 |
| 625 ILCS 5/6-420 |
from Ch. 95 1/2, par. 6-420 |
| 3 |
| 625 ILCS 5/6-422 |
from Ch. 95 1/2, par. 6-422 |
| 4 |
| 625 ILCS 5/6-901 |
from Ch. 95 1/2, par. 6-901 |
| 5 |
| 625 ILCS 5/11-1301.3 |
from Ch. 95 1/2, par. 11-1301.3 |
| 6 |
| 720 ILCS 5/33-6 |
|
| |
|