Full Text of SB2217 96th General Assembly
SB2217enr 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 Department of Transportation Law of the | 5 |
| Civil Administrative Code of Illinois is amended by changing | 6 |
| Section 2705-125 as follows:
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| (20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)
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| Sec. 2705-125.
Safety inspection of motor vehicles; | 9 |
| transfer from various
State agencies. The Department has the | 10 |
| power to administer,
exercise, and enforce the rights, powers, | 11 |
| and
duties presently vested in the Department of State Police
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| and the Division of State Troopers under the Illinois Vehicle | 13 |
| Inspection
Law, in the Illinois
Commerce Commission, in the | 14 |
| State Board of Education, and in
the Secretary of State under | 15 |
| laws relating to the safety inspection of
motor vehicles | 16 |
| operated by common carriers, of school buses, and of motor
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| vehicles used in the transportation of school children and | 18 |
| motor
vehicles used in driver exam training schools for hire | 19 |
| licensed under Article
IV of the Illinois Driver Licensing Law | 20 |
| or under any other law
relating to
the safety inspection of | 21 |
| motor vehicles of the second division as
defined in the | 22 |
| Illinois Vehicle Code.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 10. The Illinois Vehicle Code is amended by | 2 |
| changing the heading of Article IV of Chapter 6 and Sections | 3 |
| 1-103, 6-103, 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, 6-407, | 4 |
| 6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, 6-414, | 5 |
| 6-415, 6-416, 6-417, 6-419, 6-420, and 6-422 and by adding | 6 |
| Article X to Chapter 6 as follows:
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| (625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
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| Sec. 1-103. Approved driver education course. (a) Any | 9 |
| course of driver education approved by the State Board of | 10 |
| Education,
offered by public or private schools maintaining
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| grades 9 through 12, and meeting at least the minimum | 12 |
| requirements of
the "Driver Education Act", as now or hereafter | 13 |
| amended, or (b) any
course of driver education offered by a | 14 |
| school licensed to give driver
education instructions under | 15 |
| this Act which meets at least the minimum
educational | 16 |
| requirements of the "Driver Education Act", as now or
hereafter | 17 |
| amended, and is approved by the State Board of Education , or
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| (c) any course of driver education
given in another State
to an | 19 |
| Illinois resident attending school in such State and approved | 20 |
| by
the State administrator of the Driver Education Program of | 21 |
| such other
State , or (d) any course of driver education given | 22 |
| at a Department of Defense Education Activity school that is | 23 |
| approved by the Department of Defense Education Activity and | 24 |
| taught by an adult driver education instructor or traffic |
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| safety officer .
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| (Source: P.A. 81-1508.)
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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 | 5 |
| or granted
permits. The Secretary of State shall not issue, | 6 |
| renew, or
allow the retention of any driver's
license nor issue | 7 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 9 |
| 18 years except
as provided in Section 6-107, and except | 10 |
| that an instruction permit may be
issued under Section | 11 |
| 6-107.1 to a child who
is not less than 15 years of age if | 12 |
| the child is enrolled in an approved
driver education | 13 |
| course as defined in Section 1-103 of this Code and
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| requires an instruction permit to participate therein, | 15 |
| except that an
instruction permit may be issued under the | 16 |
| provisions of Section 6-107.1
to a child who is 17 years | 17 |
| 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 | 20 |
| 15 years and 6
months of age, is enrolled in school, meets | 21 |
| the educational requirements of
the Driver Education Act, | 22 |
| and has passed examinations the Secretary of State in
his | 23 |
| or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 25 |
| operator of a motorcycle
other than a motor driven cycle |
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| unless the person has, in addition to
meeting the | 2 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 4 |
| Illinois Department of Transportation and
successfully | 5 |
| completes the required Secretary of State's motorcycle | 6 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 8 |
| or permit has been
suspended, during the suspension, nor to | 9 |
| any person whose driver's license or
permit has been | 10 |
| 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 | 13 |
| or any other
drug to a degree that renders the person | 14 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 16 |
| adjudged to be
afflicted with or suffering from any mental | 17 |
| or physical disability or disease
and who has not at the | 18 |
| 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 | 21 |
| Secretary of State
to submit an alcohol and drug evaluation | 22 |
| or take an examination provided
for in this Code unless the | 23 |
| person has
successfully passed the examination and | 24 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 26 |
| of the laws of
this State to deposit security or proof of |
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| financial responsibility and who
has not deposited the | 2 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 4 |
| cause to believe
that the person by reason of physical or | 5 |
| mental disability would not be
able to safely operate a | 6 |
| motor vehicle upon the highways, unless the
person shall | 7 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 9 |
| competent medical
specialist to the effect that the | 10 |
| operation of a motor vehicle by the
person would not be | 11 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 13 |
| or older, unless
the person has successfully complied with | 14 |
| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 16 |
| application for a
license, of any of the sexual offenses | 17 |
| enumerated in paragraph 2 of subsection
(b) of Section | 18 |
| 6-205;
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| 11. To any person who is under the age of 21 years with | 20 |
| a classification
prohibited in paragraph (b) of Section | 21 |
| 6-104 and to any person who is under
the age of 18 years | 22 |
| 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 | 25 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 26 |
| a violation of the Cannabis Control
Act, the Illinois |
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| Controlled Substances Act, or the Methamphetamine Control | 2 |
| and Community Protection Act while that person was in | 3 |
| actual
physical control of a motor vehicle. For purposes of | 4 |
| this Section, any person
placed on probation under Section | 5 |
| 10 of the Cannabis Control Act, Section 410
of the Illinois | 6 |
| Controlled Substances Act, or Section 70 of the | 7 |
| Methamphetamine Control and Community Protection Act shall | 8 |
| not be considered convicted.
Any person found guilty of | 9 |
| this offense, while in actual physical control of a
motor | 10 |
| vehicle, shall have an entry made in the court record by | 11 |
| the judge that
this offense did occur while the person was | 12 |
| in actual physical control of a
motor vehicle and order the | 13 |
| clerk of the court to report the violation to the
Secretary | 14 |
| of State as such. The Secretary of State shall not issue a | 15 |
| 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 | 17 |
| who has committed
the offense
of operating a motor vehicle | 18 |
| without a valid license or permit in violation of
Section | 19 |
| 6-101;
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| 14. To any person who is
90 days or more
delinquent in | 21 |
| court ordered child support
payments or has been | 22 |
| adjudicated in arrears
in an amount equal to 90 days' | 23 |
| 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 | 25 |
| 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 | 2 |
| Department of Healthcare and Family Services as being 90 | 3 |
| days or more delinquent in payment of support under an | 4 |
| order of support entered by a court or administrative body | 5 |
| of this or any other State, subject to the requirements and | 6 |
| procedures of Article VII of Chapter 7 of this Code | 7 |
| regarding those certifications;
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| 15. To any person released from a term of imprisonment | 9 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 10 |
| similar provision of a law of another state relating to | 11 |
| reckless homicide or for violating subparagraph (F) of | 12 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 13 |
| Code relating to aggravated driving under the influence of | 14 |
| alcohol, other drug or drugs, intoxicating compound or | 15 |
| compounds, or any combination thereof, if the violation was | 16 |
| the proximate cause of a death, within
24 months of release | 17 |
| from a term of imprisonment;
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| 16. To any person who, with intent to influence any act | 19 |
| related to the issuance of any driver's license or permit, | 20 |
| by an employee of the Secretary of State's Office, or the | 21 |
| owner or employee of any commercial driver exam training | 22 |
| school licensed by the Secretary of State, or any other | 23 |
| individual authorized by the laws of this State to give | 24 |
| driving instructions or administer all or part of a | 25 |
| driver's license examination, promises or tenders to that | 26 |
| person any property or personal advantage which that person |
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| is not authorized by law to accept. Any persons promising | 2 |
| or tendering such property or personal advantage shall be | 3 |
| disqualified from holding any class of driver's license or | 4 |
| permit for 120 consecutive days. The Secretary of State | 5 |
| shall establish by rule the procedures for implementing | 6 |
| this period of disqualification and the procedures by which | 7 |
| persons so disqualified may obtain administrative review | 8 |
| of the decision to disqualify;
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| 17. To any person for whom the Secretary of State | 10 |
| cannot verify the
accuracy of any information or | 11 |
| documentation submitted in application for a
driver's | 12 |
| license; or
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| 18. To any person who has been adjudicated under the | 14 |
| Juvenile Court Act of 1987 based upon an offense that is | 15 |
| determined by the court to have been committed in | 16 |
| furtherance of the criminal activities of an organized | 17 |
| gang, as provided in Section 5-710 of that Act, and that | 18 |
| involved the operation or use of a motor vehicle or the use | 19 |
| of a driver's license or permit. The person shall be denied | 20 |
| 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 | 23 |
| confidential under
the Juvenile Court Act of 1987. | 24 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08; | 25 |
| 95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff. | 26 |
| 8-21-08.)
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| (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
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| Sec. 6-401. Driver exam training schools for preparation | 3 |
| for examination given by Secretary of State -license required. | 4 |
| No person, firm,
association, partnership or corporation shall | 5 |
| operate a
driver exam training school or engage in the business | 6 |
| of giving instruction for
hire or for a fee in the driving of | 7 |
| motor vehicles for or in the preparation of
an applicant for | 8 |
| examination given by the Secretary of State for a drivers
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| license or permit, unless a license therefor has been issued by | 10 |
| the
Secretary.
No public schools or educational institutions | 11 |
| shall contract with entities
engaged in the business of giving | 12 |
| instruction for hire or for a fee in the
driving
of motor | 13 |
| vehicles for or in the preparation of an applicant for | 14 |
| examination given
by the Secretary of State for a driver's | 15 |
| license or permit, unless a license
therefor has been issued by | 16 |
| the Secretary.
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| This Section shall not apply to (i) public schools or to | 18 |
| educational
institutions in which driving instruction is part | 19 |
| of the curriculum , or (ii) to
employers giving instruction to | 20 |
| their employees , or (iii) schools that teach enhanced driving | 21 |
| skills to licensed drivers as set forth in Article X of Chapter | 22 |
| 6 of this Code .
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| (Source: P.A. 93-408, eff. 1-1-04.)
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| (625 ILCS 5/Ch. 6 Art. IV heading) |
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| ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS
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| (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
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| Sec. 6-402. Qualifications of driver exam training | 4 |
| schools. In order to
qualify for a license to operate a driver | 5 |
| exam training school, each applicant must:
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| (a) be of good moral character;
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| (b) be at least 21 years of age;
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| (c) maintain an established place of business open to | 9 |
| the public which
meets the requirements of Section 6-403 | 10 |
| through 6-407;
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| (d) maintain bodily injury and property damage | 12 |
| liability insurance on
motor vehicles while used in driving | 13 |
| exam instruction, insuring the liability of
the driving | 14 |
| school, the driving instructors and any person taking
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| instruction in at least the following amounts: $50,000 for | 16 |
| bodily injury to
or death of one person in any one accident | 17 |
| and, subject to said limit for
one person, $100,000 for | 18 |
| bodily injury to or death of 2 or more persons in
any one | 19 |
| accident and the amount of $10,000 for damage to property | 20 |
| of others
in any one accident. Evidence of such insurance | 21 |
| coverage in the form of a
certificate from the insurance | 22 |
| carrier shall be filed with the Secretary of
State, and | 23 |
| such certificate shall stipulate that the insurance shall | 24 |
| not be
cancelled except upon 10 days prior written notice | 25 |
| to the Secretary of
State. The decal showing evidence of |
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| insurance shall be affixed to the
windshield of the | 2 |
| vehicle;
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| (e) provide a continuous surety company bond in the | 4 |
| principal sum of
$20,000 for the protection of the | 5 |
| contractual rights of
students in such
form as will meet | 6 |
| with the approval of the Secretary of State and written
by | 7 |
| a company authorized to do business in this State. However, | 8 |
| the
aggregate liability of the surety for all breaches of | 9 |
| the condition of the
bond in no event shall exceed the | 10 |
| principal sum of $20,000. The
surety on
any such bond may | 11 |
| cancel such bond on giving 30 days notice thereof in
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| writing to the Secretary of State and shall be relieved of | 13 |
| liability for
any breach of any conditions of the bond | 14 |
| which occurs after the effective
date of cancellation;
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| (f) have the equipment necessary to the giving of | 16 |
| proper instruction in
the operation of motor vehicles;
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| (g) have and use a business telephone listing for all | 18 |
| business
purposes;
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| (h) pay to the Secretary of State an application fee of
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| $500 and $50 for each branch application; and
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| (i) authorize an investigation to include a | 22 |
| fingerprint based background
check
to determine if the | 23 |
| applicant has ever been convicted of a crime and if so, the
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| disposition of those convictions. The authorization shall | 25 |
| indicate the scope
of
the inquiry and the agencies that may | 26 |
| be contacted. Upon this authorization,
the
Secretary of |
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| State may request and receive information and assistance | 2 |
| from any
federal, State, or local governmental agency as | 3 |
| part of the authorized
investigation. Each applicant shall | 4 |
| have his or her fingerprints submitted to
the Department of | 5 |
| State Police in the form and manner prescribed by the
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| Department of State Police. The fingerprints shall be | 7 |
| checked against the
Department of State Police and Federal | 8 |
| Bureau of Investigation criminal history
record | 9 |
| information databases. The Department of State
Police | 10 |
| shall charge a fee for conducting the criminal history | 11 |
| records check,
which shall be deposited in the State Police | 12 |
| Services Fund and shall not exceed
the actual cost of the | 13 |
| records check. The applicant shall be required to pay
all
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| related fingerprint fees including, but not limited to, the | 15 |
| amounts established
by the Department of State Police and | 16 |
| the Federal Bureau of Investigation to
process fingerprint | 17 |
| based criminal background investigations. The Department | 18 |
| of
State Police shall provide information concerning any | 19 |
| criminal convictions and
disposition of criminal | 20 |
| convictions brought against the applicant upon request
of | 21 |
| the Secretary
of State provided that the request is made in | 22 |
| the form and manner required by
the
Department of the State | 23 |
| Police. Unless otherwise prohibited by law, the
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| information derived from the investigation including the | 25 |
| source of the
information and any conclusions or | 26 |
| recommendations derived from the
information by the |
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| Secretary of State shall be provided to the applicant, or
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| his
designee, upon request to the Secretary of State, prior | 3 |
| to any final action by
the Secretary of State on the | 4 |
| application. Any criminal convictions and
disposition | 5 |
| information obtained by the Secretary of State shall be
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| confidential
and may not be transmitted outside the Office | 7 |
| of the Secretary of State, except
as required herein, and | 8 |
| may not be transmitted to anyone within the Office of
the | 9 |
| Secretary of State except as needed for the purpose of | 10 |
| evaluating the
applicant. The information obtained from | 11 |
| the investigation may be maintained
by the Secretary of | 12 |
| State or any agency to which the information was
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| transmitted.
Only information and standards, which bear a | 14 |
| reasonable and rational relation
to
the performance of a | 15 |
| driver exam training school owner, shall be used by the
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| Secretary of State. Any employee of the Secretary of State | 17 |
| who gives or causes
to be given away any confidential | 18 |
| information concerning any criminal charges
or disposition | 19 |
| of criminal charges of an applicant shall be guilty of a | 20 |
| Class A
misdemeanor,
unless release of the information is | 21 |
| authorized by this Section.
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| No license shall be issued under this Section to a person | 23 |
| who is a
spouse, offspring, sibling, parent, grandparent, | 24 |
| grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | 25 |
| of the person whose license to do
business at that location has | 26 |
| been revoked or denied or to a person who was
an officer or |
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| employee of a business firm that has had its license revoked
or | 2 |
| denied, unless the Secretary of State is satisfied the | 3 |
| application was
submitted in good faith and not for the purpose | 4 |
| or effect of defeating the
intent of this Code.
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| (Source: P.A. 93-408, eff. 1-1-04.)
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| (625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
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| Sec. 6-403. Established Place of Business.
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| The established place of business of each driver exam | 9 |
| training school must be
owned or leased by the driver exam | 10 |
| training school and regularly occupied and
primarily used by | 11 |
| that driver exam training school for the business of selling
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| and giving driving instructions for hire or for a fee, and the | 13 |
| business of
preparing members of the public for examination | 14 |
| given by the Secretary of
State for a drivers license.
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| (Source: P.A. 76-1586.)
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| (625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
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| Sec. 6-404. Location of Schools.
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| The established place of business of each driver exam | 19 |
| training school must be
located in a district which is zoned | 20 |
| for business or commercial purposes.
The driver exam training | 21 |
| school office must have a permanent sign clearly
readable from | 22 |
| the street, from a distance of no less than 100 feet, with
the | 23 |
| name of the driving exam school upon it.
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| (Source: P.A. 76-1753.)
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| (625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
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| Sec. 6-405. Restrictions of Locations.
| 3 |
| The established place of business, or branch office, branch | 4 |
| class room
or advertised address of any driver exam training | 5 |
| school shall not consist of or
include a house trailer, | 6 |
| residence, tent, temporary stand, temporary
address, office | 7 |
| space, a room or rooms in a hotel, rooming house or
apartment | 8 |
| house, or premises occupied by a single or multiple unit | 9 |
| dwelling
house or telephone answering service.
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| (Source: P.A. 76-1586.)
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| (625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
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| Sec. 6-406. Required Facilities.
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| (a) The established place of business of each driver exam | 14 |
| training school
must consist of at least the following | 15 |
| permanent facilities:
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| (1) An office facility;
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| (2) A class room facility.
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| (b) The main class room facility of each driver exam | 19 |
| training school must be
reasonably accessible to the main | 20 |
| office facility of the driver exam training
school.
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| (c) All class room facilities must have adequate lighting, | 22 |
| heating,
ventilation, and must comply with all state, and local | 23 |
| laws relating to
public health, safety and sanitation.
| 24 |
| (d) The main office facility and branch office facility of |
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| each driver exam
training school must contain sufficient space, | 2 |
| equipment, records and
personnel to carry on the business of | 3 |
| the driver exam training school. The main
office facility must | 4 |
| be specifically devoted to driver exam training school
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| business.
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| (e) A driver exam training school which as an established | 7 |
| place of business
and a main office facility, may operate a | 8 |
| branch office or a branch class
room provided that all the | 9 |
| requirements for the main office or main class
room are met and | 10 |
| that such branch office bears the same name and is
operated as | 11 |
| a part of the same business entity as the main office facility.
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| (f) No driver exam training school may share any main or | 13 |
| branch facility or
facilities with any other driver exam | 14 |
| training school.
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| (Source: P.A. 76-1586.)
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| (625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
| 17 |
| Sec. 6-407. Locations and State Facilities.
| 18 |
| No office or place of business of a driver exam training | 19 |
| school shall be
established within 1,500 feet of any building | 20 |
| used as an office by any
department of the Secretary of State | 21 |
| having to do with the administration
of any laws relating to | 22 |
| motor vehicles, nor may any driving school solicit
or advertise | 23 |
| for business within 1,500 feet of any building used as an
| 24 |
| office by the Secretary of State having to do with the | 25 |
| administration of
any laws relating to motor vehicles.
|
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| (Source: P.A. 76-1586.)
| 2 |
| (625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
| 3 |
| Sec. 6-408. Records.
| 4 |
| All driver exam training schools licensed by the Secretary | 5 |
| of State must
maintain a permanent record of instructions given | 6 |
| to each student. The
record must contain the name of the school | 7 |
| and the name of the student, the
number of all licenses or | 8 |
| permits held by the student, the type and date of
instruction | 9 |
| given, whether class room or behind the wheel, and the
| 10 |
| signature of the instructor.
| 11 |
| All permanent student instruction records must be kept on | 12 |
| file in the
main office of each driver exam training school for | 13 |
| a period of 3 calendar years
after the student has ceased | 14 |
| taking instruction at or with the school.
| 15 |
| The records should show the fees and charges of the school | 16 |
| and also the
record should show the course content and | 17 |
| instructions given to each
student.
| 18 |
| (Source: P.A. 76-1754.)
| 19 |
| (625 ILCS 5/6-408.5)
| 20 |
| Sec. 6-408.5. Courses for students or high school dropouts; | 21 |
| limitation.
| 22 |
| (a) No driver exam training school
or driving exam training | 23 |
| instructor licensed under this Act may request a
certificate of | 24 |
| completion from the Secretary of State as provided in Section
|
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| 6-411 for any person who is enrolled as a
student in any public | 2 |
| or non-public secondary school at the time such
instruction is | 3 |
| to be provided, or who was so enrolled during the semester last
| 4 |
| ended if that instruction is to be provided between semesters | 5 |
| or during the
summer after the regular school term ends, unless | 6 |
| that student has received a
passing grade in at least 8 courses | 7 |
| during the 2 semesters last ending prior to
requesting a | 8 |
| certificate of completion from the Secretary of State for the
| 9 |
| student.
| 10 |
| (b) No driver exam training school or driving exam training | 11 |
| instructor licensed under
this Act may request a certificate of | 12 |
| completion from the Secretary of State as
provided in Section | 13 |
| 6-411 for any person who has dropped out of school and has
not | 14 |
| yet attained the age of 18 years unless the driver exam | 15 |
| training school or
driving exam training instructor has: 1) | 16 |
| obtained written documentation verifying
the
dropout's | 17 |
| enrollment in a GED or alternative education program or has | 18 |
| obtained
a copy of the dropout's GED certificate; 2) obtained | 19 |
| verification that the
student prior to dropping out had | 20 |
| received a passing grade in at least 8
courses during the 2 | 21 |
| previous
semesters last ending prior to requesting a | 22 |
| certificate of completion; or 3)
obtained written consent from | 23 |
| the dropout's parents or guardians and the
regional | 24 |
| superintendent.
| 25 |
| (c) Students shall be informed of the
eligibility | 26 |
| requirements of this Act
in writing at the time of |
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| registration.
| 2 |
| (d) The superintendent of schools of the
school district in | 3 |
| which the student resides and attends school or in which
the | 4 |
| student resides at the time he or she drops out of school (with | 5 |
| respect
to a public high school student or a dropout from the | 6 |
| public high school)
or the chief school administrator (with
| 7 |
| respect to a student who attends a non-public high school or a | 8 |
| dropout from a
non-public high school) may waive the | 9 |
| requirements of this Section if the superintendent
or chief | 10 |
| school administrator, as the case
may be, deems it to be in the | 11 |
| best interests of the student or dropout.
Before requesting a | 12 |
| certificate of completion from the Secretary of State
for any | 13 |
| person who is enrolled
as
a student in any public or non-public | 14 |
| secondary school or who was so enrolled
in the semester last | 15 |
| ending prior to the request for a certificate of
completion | 16 |
| from the Secretary of State or who is of high school age, the | 17 |
| driver
exam training school shall
determine from the school | 18 |
| district in which that person resides or resided at
the time of | 19 |
| dropping out of school, or from the
chief administrator of the | 20 |
| non-public high school attended or last
attended by such | 21 |
| person, as
the case may be, that such person is not ineligible | 22 |
| to receive a certificate
of completion under this Section.
| 23 |
| (Source: P.A. 93-408, eff. 1-1-04.)
| 24 |
| (625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
| 25 |
| Sec. 6-409. Display of License.
|
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| Each driver exam training school must display at a | 2 |
| prominent place in its
main office all of the following:
| 3 |
| (a) The State license issued to the school;
| 4 |
| (b) The names and addresses and State instructors licenses | 5 |
| of all
instructors employed by the school;
| 6 |
| (c) The address of all branch offices and branch class | 7 |
| rooms.
| 8 |
| (Source: P.A. 76-1586.)
| 9 |
| (625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
| 10 |
| Sec. 6-410. Vehicle inspections. The Department of | 11 |
| Transportation shall
provide for the inspection of all motor | 12 |
| vehicles used for driver exam training,
and shall issue a | 13 |
| safety inspection sticker provided:
| 14 |
| (a) The motor vehicle has been inspected by the Department | 15 |
| and found to
be in safe mechanical condition;
| 16 |
| (b) The motor vehicle is equipped with dual control brakes | 17 |
| and a
mirror on each side of the motor vehicle so located as to | 18 |
| reflect to the
driver a view of the highway for a distance of | 19 |
| at least 200 feet to the
rear of such motor vehicle; and
| 20 |
| (c) The motor vehicle is equipped with a sign or signs | 21 |
| visible from the
front and the rear in letters no less than 2 | 22 |
| inches tall, listing the full
name of the driver exam training | 23 |
| school which has registered and insured the
motor vehicle.
| 24 |
| (Source: P.A. 85-951.)
|
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| 2 |
| Sec. 6-411. Qualifications of Driver Exam Training | 3 |
| Instructors. In order to
qualify for a license as an instructor | 4 |
| for a driving exam school, an applicant must:
| 5 |
| (a) Be of good moral character;
| 6 |
| (b) 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;
this authorization shall | 10 |
| indicate the scope of the inquiry and the agencies
which | 11 |
| may 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 |
| submit his or her fingerprints to
the Department
of State | 16 |
| Police in the form and manner prescribed by the Department | 17 |
| of State
Police. These fingerprints shall be checked | 18 |
| against the fingerprint records now
and hereafter filed in | 19 |
| the Department of State
Police and Federal Bureau of | 20 |
| Investigation criminal history records
databases. The | 21 |
| Department of State Police shall charge
a fee for | 22 |
| conducting the criminal history records check, which shall | 23 |
| be
deposited in the State Police Services Fund and shall | 24 |
| not exceed the actual
cost of the records check. The | 25 |
| applicant shall be required to pay all related
fingerprint | 26 |
| fees including, but not limited to, the amounts established |
|
|
|
SB2217 Enrolled |
- 22 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| by the
Department of State Police and the Federal Bureau of | 2 |
| Investigation to process
fingerprint based criminal | 3 |
| background investigations.
The
Department of State Police | 4 |
| shall provide information concerning any criminal
| 5 |
| convictions, and their disposition, brought against the | 6 |
| applicant upon request
of the Secretary of State when the | 7 |
| request is made in the form and manner
required by the | 8 |
| Department of State Police. Unless otherwise prohibited by
| 9 |
| law, the information derived
from this investigation | 10 |
| including the source of this information, and any
| 11 |
| conclusions or recommendations derived from this | 12 |
| information by the Secretary
of State shall be provided to | 13 |
| the applicant, or his designee, upon request
to the | 14 |
| Secretary of State, prior to any final action by the
| 15 |
| Secretary of State on the application. Any criminal
| 16 |
| convictions and their disposition information obtained by | 17 |
| the Secretary
of State shall be confidential and may not be | 18 |
| transmitted outside the Office
of the Secretary of State, | 19 |
| except as required herein, and may not be
transmitted to | 20 |
| anyone within the Office of the Secretary of State except | 21 |
| as
needed for
the purpose of evaluating the applicant. The | 22 |
| information obtained from this
investigation may be | 23 |
| maintained by the
Secretary of State or
any agency to which | 24 |
| such information was
transmitted. Only information
and | 25 |
| standards which bear a reasonable and rational relation to | 26 |
| the performance
of a driver exam training instructor shall |
|
|
|
SB2217 Enrolled |
- 23 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| be used by the Secretary of State.
Any employee of the | 2 |
| Secretary of State who gives or causes to be given away
any | 3 |
| confidential information concerning any
criminal charges | 4 |
| and their disposition of an applicant shall be guilty of
a | 5 |
| Class A misdemeanor unless release of such information is | 6 |
| authorized by this
Section;
| 7 |
| (c) Pass such examination as the Secretary of State | 8 |
| shall require on (1)
traffic laws, (2) safe driving | 9 |
| practices, (3) operation of motor vehicles,
and (4) | 10 |
| qualifications of teacher;
| 11 |
| (d) Be physically able to operate safely a motor | 12 |
| vehicle and to train
others in the operation of motor | 13 |
| vehicles. An instructors license application
must be | 14 |
| accompanied by a medical examination report completed by a | 15 |
| competent
physician licensed to practice in the State of | 16 |
| Illinois;
| 17 |
| (e) Hold a valid Illinois drivers license;
| 18 |
| (f) Have graduated from an accredited high school after | 19 |
| at least 4 years
of high school education or the | 20 |
| equivalent; and
| 21 |
| (g) Pay to the Secretary of State an application and | 22 |
| license fee of $70.
| 23 |
| If a driver exam training school class room instructor | 24 |
| teaches an approved driver
education course, as defined in | 25 |
| Section 1-103 of this Code, to students
under 18 years of age, | 26 |
| he or she shall furnish to
the Secretary of State a certificate |
|
|
|
SB2217 Enrolled |
- 24 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| issued by the State Board of Education
that the said instructor | 2 |
| is qualified and meets the minimum educational
standards for | 3 |
| teaching driver education courses in the local public or
| 4 |
| parochial school systems, except that no State Board of | 5 |
| Education certification
shall be required of any instructor who | 6 |
| teaches exclusively in a
commercial driving school. On and | 7 |
| after July 1, 1986, the existing
rules and regulations of the | 8 |
| State
Board of Education concerning commercial driving schools | 9 |
| shall continue to
remain in effect but shall be administered by | 10 |
| the Secretary of State until
such time as the Secretary of | 11 |
| State shall amend or repeal the rules in
accordance with the | 12 |
| Illinois Administrative Procedure Act. Upon request,
the | 13 |
| Secretary of State shall issue a certificate of completion to a | 14 |
| student
under 18 years of age who has completed an approved | 15 |
| driver education course
at a commercial driving school.
| 16 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 17 |
| (625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
| 18 |
| Sec. 6-412.
Issuance of Licenses to Driver Exam Training | 19 |
| Schools and Driver Exam Training
Instructors.
| 20 |
| The Secretary of State shall issue a license certificate to | 21 |
| each
applicant to conduct a driver exam training school or to | 22 |
| each driver exam training
instructor when the Secretary of | 23 |
| State is satisfied that such person has
met the qualifications | 24 |
| required under this Act.
| 25 |
| (Source: P.A. 76-1586.)
|
|
|
|
SB2217 Enrolled |
- 25 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| (625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
| 2 |
| Sec. 6-413. Expiration of Licenses. All outstanding | 3 |
| licenses issued to any driver exam training school or driver | 4 |
| exam
training instructor under this Act shall expire by | 5 |
| operation of law 24
months from the date of issuance, unless | 6 |
| sooner cancelled, suspended or
revoked under the provisions of | 7 |
| Section 6-420.
| 8 |
| (Source: P.A. 93-408, eff. 1-1-04.)
| 9 |
| (625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
| 10 |
| Sec. 6-414. Renewal of Licenses. The license of each driver | 11 |
| exam training school may be renewed subject to the
same | 12 |
| conditions as the original license, and upon the payment of a
| 13 |
| renewal license fee of $500 and $50 for each renewal of a | 14 |
| branch
application.
| 15 |
| (Source: P.A. 93-408, eff. 1-1-04.)
| 16 |
| (625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
| 17 |
| Sec. 6-415. Renewal Fee. The license of each driver exam | 18 |
| training instructor may be renewed subject to
the same | 19 |
| conditions of the original license, and upon the payment of | 20 |
| annual
renewal license fee of $70.
| 21 |
| (Source: P.A. 93-408, eff. 1-1-04.)
| 22 |
| (625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
|
|
|
|
SB2217 Enrolled |
- 26 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| Sec. 6-416. Licenses: Form and Filing. All applications for | 2 |
| renewal of a driver exam training school license or
driver exam | 3 |
| training instructor's license shall be on a form prescribed by | 4 |
| the
Secretary, and must be filed with the Secretary not
less | 5 |
| than 15 days preceding the expiration date of the license to be | 6 |
| renewed.
| 7 |
| (Source: P.A. 87-829; 87-832.)
| 8 |
| (625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
| 9 |
| Sec. 6-417. Instructor's license.
| 10 |
| Each driver exam training instructor's license shall | 11 |
| authorize the licensee
to instruct only at or for the driver | 12 |
| exam training school indicated on the
license. The Secretary | 13 |
| shall not issue a driver training instructor's
license to any | 14 |
| individual who is licensed to instruct at or for another
driver | 15 |
| exam training school.
| 16 |
| (Source: P.A. 76-1586.)
| 17 |
| (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| 18 |
| Sec. 6-419. Rules and Regulations.
| 19 |
| The Secretary is authorized to prescribe by rule standards | 20 |
| for the
eligibility, conduct and operation of driver exam | 21 |
| training schools, and
instructors and to adopt other reasonable | 22 |
| rules and regulations necessary
to carry out the provisions of | 23 |
| this Act.
| 24 |
| (Source: P.A. 76-1586.)
|
|
|
|
SB2217 Enrolled |
- 27 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
| 2 |
| Sec. 6-420.
Denial, Cancellation, Suspension, Revocation | 3 |
| and Failure to
Renew License. The Secretary may deny, cancel, | 4 |
| suspend or revoke, or refuse
to renew any driver exam training | 5 |
| school license or any driver exam training instructor
license:
| 6 |
| (1) When the Secretary is satisfied that the licensee fails | 7 |
| to meet the
requirements to receive or hold a license under | 8 |
| this Code;
| 9 |
| (2) Whenever the licensee fails to keep the records | 10 |
| required by this
Code;
| 11 |
| (3) Whenever the licensee permits fraud or engages in | 12 |
| fraudulent
practices either with reference to a student or the | 13 |
| Secretary, or induces
or countenances fraud or fraudulent | 14 |
| practices on the part of any applicant
for a driver's license | 15 |
| or permit;
| 16 |
| (4) Whenever the licensee fails to comply with any | 17 |
| provision of this Code
or any rule of the Secretary made | 18 |
| pursuant thereto;
| 19 |
| (5) Whenever the licensee represents himself as an agent or | 20 |
| employee of
the Secretary or uses advertising designed to lead | 21 |
| or which would
reasonably have the effect of leading persons to | 22 |
| believe that such licensee
is in fact an employee or | 23 |
| representative of the Secretary;
| 24 |
| (6) Whenever the licensee or any employee or agent of the | 25 |
| licensee
solicits driver training or instruction in an office |
|
|
|
SB2217 Enrolled |
- 28 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| of any department of
the Secretary of State having to do with | 2 |
| the administration of any law
relating to motor vehicles, or | 3 |
| within 1,500 feet of any such office;
| 4 |
| (7) Whenever the licensee is convicted of driving while
| 5 |
| under the influence of alcohol, other drugs, or a combination | 6 |
| thereof;
leaving the scene of an accident; reckless homicide or | 7 |
| reckless driving; or
| 8 |
| (8) Whenever a driver exam training school advertises that | 9 |
| a driver's license
is guaranteed upon completion of the course | 10 |
| of instruction.
| 11 |
| (Source: P.A. 85-951.)
| 12 |
| (625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
| 13 |
| Sec. 6-422. Prior law and licenses thereunder.
| 14 |
| This Act shall not affect the validity of any outstanding | 15 |
| license issued
to any driver exam training school or driver | 16 |
| exam training instructor by the
Secretary of State under any | 17 |
| prior law, nor shall this Act affect the
validity or legality | 18 |
| of any contract, agreement or undertaking entered into
by any | 19 |
| driver exam training school or driver exam training instructor, | 20 |
| or any person,
firm, corporation, partnership or association | 21 |
| based on those provisions of
any prior law.
| 22 |
| (Source: P.A. 76-1586.)
| 23 |
| (625 ILCS 5/Ch. 6 Art. X heading new)
| 24 |
| ARTICLE X. ENHANCED SKILLS DRIVING SCHOOLS
|
|
|
|
SB2217 Enrolled |
- 29 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| (625 ILCS 5/6-1001 new) | 2 |
| Sec. 6-1001. Enhanced skills driving schools. | 3 |
| (a) As used in this Code, "enhanced skills driving school" | 4 |
| means a school for teaching advanced driving skills, such as | 5 |
| emergency braking, crash avoidance, and defensive driving | 6 |
| techniques to licensed drivers for a fee, and does not mean a | 7 |
| school for preparing students for examinations given by the | 8 |
| Secretary of State. | 9 |
| (b) No person, firm, association, partnership, or | 10 |
| corporation shall operate an enhanced skills driving school | 11 |
| unless issued a license by the Secretary. No enhanced skills | 12 |
| driving school may prepare students for examinations given by | 13 |
| the Secretary of State unless the school is also licensed under | 14 |
| Article IV of Chapter 6 of this Code. | 15 |
| (c) All behind-the-wheel instructions, practice, and | 16 |
| experience offered by enhanced skills driving schools shall be | 17 |
| on private property, such as race course facilities. The | 18 |
| Secretary of State shall have the authority to inspect all | 19 |
| facilities and to adopt rules to provide standards for enhanced | 20 |
| skills driving school facilities. No behind-the-wheel | 21 |
| instruction, practice, or experience may be given on public | 22 |
| roadways. | 23 |
| (d) The curriculum for courses and programs offered by | 24 |
| enhanced skills driving schools shall be reviewed and approved | 25 |
| by the Secretary. |
|
|
|
SB2217 Enrolled |
- 30 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| (625 ILCS 5/6-1002 new) | 2 |
| Sec. 6-1002. Enhanced skills driving school | 3 |
| qualifications. In order to qualify for a license to operate an | 4 |
| enhanced skills driving school, each applicant must: | 5 |
| (1) Be of good moral character; | 6 |
| (2) Be at least 21 years of age; | 7 |
| (3) Maintain bodily injury and property damage | 8 |
| liability insurance on motor vehicles while used in driving | 9 |
| instruction, insuring the liability of the driving school, | 10 |
| the driving instructors and any person taking instruction | 11 |
| in at least the following amounts: $500,000 for bodily | 12 |
| injury to or death of one person in any one accident and, | 13 |
| subject to said limit for one person, $1,000,000 for bodily | 14 |
| injury to or death of 2 or more persons in any one accident | 15 |
| and the amount of $100,000 for damage to property of others | 16 |
| in any one accident. Evidence of such insurance coverage in | 17 |
| the form of a certificate from the insurance carrier shall | 18 |
| be 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; | 22 |
| (4) Have the equipment necessary to the giving of | 23 |
| proper instruction in the operation of motor vehicles; and | 24 |
| (5) Pay to the Secretary of State an application fee of | 25 |
| $500 and $50 for each branch application. |
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| (625 ILCS 5/6-1003 new) | 2 |
| Sec. 6-1003. Display of license. Each enhanced skills | 3 |
| driving school must display at a prominent place in its main | 4 |
| office all of the following: | 5 |
| (1) The State license issued to the school; | 6 |
| (2) The names, addresses, and State instructors | 7 |
| license numbers of all instructors employed by the school; | 8 |
| and | 9 |
| (3) The addresses of each branch office and branch | 10 |
| classrooms. | 11 |
| (625 ILCS 5/6-1004 new) | 12 |
| Sec. 6-1004. Qualifications of enhanced skills driving | 13 |
| school instructors. In order to qualify for a license as an | 14 |
| instructor for an enhanced skills driving school, an applicant | 15 |
| must: | 16 |
| (1) Be of good moral character; | 17 |
| (2) Have never been convicted of driving while under | 18 |
| the influence of alcohol, other drugs, or a combination | 19 |
| thereof; leaving the scene of an accident; reckless | 20 |
| homicide or reckless driving; | 21 |
| (3) Be physically able to operate safely a motor | 22 |
| vehicle and to train others in the operation of motor | 23 |
| vehicles; | 24 |
| (4) Hold a valid drivers license; and |
|
|
|
SB2217 Enrolled |
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LRB096 11545 WGH 22027 b |
|
| 1 |
| (5) Pay to the Secretary of State an application and | 2 |
| license fee of $70. | 3 |
| (625 ILCS 5/6-1005 new) | 4 |
| Sec. 6-1005. Renewal of license; enhanced skills driving | 5 |
| school. The license of each enhanced skills driving school may | 6 |
| be renewed subject to the same conditions as the original | 7 |
| license, and upon the payment of a renewal license fee of $500 | 8 |
| and $50 for each renewal of a branch application. | 9 |
| (625 ILCS 5/6-1006 new) | 10 |
| Sec. 6-1006. Renewal of license; enhanced skills driving | 11 |
| school instructor. The license of each enhanced skills driving | 12 |
| school instructor may be renewed subject to the same conditions | 13 |
| of the original license, and upon the payment of annual renewal | 14 |
| license fee of $70. | 15 |
| (625 ILCS 5/6-1007 new) | 16 |
| Sec. 6-1007. Licenses; form and filing. All applications | 17 |
| for renewal of an enhanced skills driving school license or | 18 |
| instructor's license shall be on a form prescribed by the | 19 |
| Secretary, and must be filed with the Secretary not less than | 20 |
| 15 days preceding the expiration date of the license to be | 21 |
| renewed. | 22 |
| (625 ILCS 5/6-1008 new) |
|
|
|
SB2217 Enrolled |
- 33 - |
LRB096 11545 WGH 22027 b |
|
| 1 |
| Sec. 6-1008. Instructor's records. Every enhanced skills | 2 |
| driving school shall keep records regarding instructors, | 3 |
| students, courses, and equipment, as required by | 4 |
| administrative rules prescribed by the Secretary. Such records | 5 |
| shall be open to the inspection of the Secretary or his | 6 |
| representatives at all reasonable times. | 7 |
| (625 ILCS 5/6-1009 new) | 8 |
| Sec. 6-1009. Denial, cancellation, suspension, revocation, | 9 |
| and failure to renew license. The Secretary may deny, cancel, | 10 |
| suspend or revoke, or refuse to renew any enhanced skills | 11 |
| driving school license or any enhanced skills driving school | 12 |
| instructor license: | 13 |
| (1) When the Secretary is satisfied that the licensee | 14 |
| fails to meet the requirements to receive or hold a license | 15 |
| under this Code; | 16 |
| (2) Whenever the licensee fails to keep records | 17 |
| required by this Code or by any rule prescribed by the | 18 |
| Secretary; | 19 |
| (3) Whenever the licensee fails to comply with any | 20 |
| provision of this Code or any rule of the Secretary made | 21 |
| pursuant thereto; | 22 |
| (4) Whenever the licensee represents himself or | 23 |
| herself as an agent or employee of the Secretary or uses | 24 |
| advertising designed to lead or which would reasonably have | 25 |
| the effect of leading persons to believe that such licensee |
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| is in fact an employee or representative of the Secretary; | 2 |
| (5) Whenever the licensee or any employee or agent of | 3 |
| the licensee solicits driver training or instruction in an | 4 |
| office of any department of the Secretary of State having | 5 |
| to do with the administration of any law relating to motor | 6 |
| vehicles, or within 1,500 feet of any such office; or | 7 |
| (6) Whenever the licensee is convicted of driving while | 8 |
| under the influence of alcohol, other drugs, or a | 9 |
| combination thereof; leaving the scene of an accident; | 10 |
| reckless homicide or reckless driving. | 11 |
| (625 ILCS 5/6-1010 new) | 12 |
| Sec. 6-1010. Judicial review. The action of the Secretary | 13 |
| in canceling, suspending, revoking, or denying any license | 14 |
| under this Article shall be subject to judicial review in the | 15 |
| Circuit Court of Sangamon County or the Circuit Court of Cook | 16 |
| County, and the provisions of the Administrative Review Law and | 17 |
| the rules adopted pursuant thereto are hereby adopted and shall | 18 |
| apply to and govern every action for judicial review of the | 19 |
| final acts or decisions of the Secretary under this Article. | 20 |
| (625 ILCS 5/6-1011 new) | 21 |
| Sec. 6-1011. Injunctions. If any person, firm, | 22 |
| association, partnership, or corporation operates in violation | 23 |
| of any provision of this Article, or any rule, regulation, | 24 |
| order, or decision of the Secretary of State established under |
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| this Article, or in violation of any term, condition, or | 2 |
| limitation of any license issued under this Article, the | 3 |
| Secretary of State, or any other person injured as a result, or | 4 |
| any interested person, may apply to the circuit court of the | 5 |
| county where the violation or some part occurred, or where the | 6 |
| person complained of has an established or additional place of | 7 |
| business or resides, to prevent the violation. The court may | 8 |
| enforce compliance by injunction or other process restraining | 9 |
| the person from further violation and compliance. | 10 |
| (625 ILCS 5/6-1012 new) | 11 |
| Sec. 6-1012. Rules and regulations. The Secretary is | 12 |
| authorized to prescribe by rule standards for the eligibility, | 13 |
| conduct, and operation of enhanced driver skills training | 14 |
| schools, and instructors and to adopt other reasonable rules | 15 |
| and regulations necessary to carry out the provisions of this | 16 |
| Article. | 17 |
| (625 ILCS 5/6-1013 new) | 18 |
| Sec. 6-1013. Deposit of fees. Fees collected under this | 19 |
| Article shall be deposited into the Road Fund.
| 20 |
| Section 15. The Criminal Code of 1961 is amended by | 21 |
| changing Section 33-6 as follows: | 22 |
| (720 ILCS 5/33-6) |
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| Sec. 33-6. Bribery to obtain driving privileges.
| 2 |
| (a) A person commits the offense of bribery to obtain | 3 |
| driving privileges when: | 4 |
| (1) with intent to influence any act related to the | 5 |
| issuance of any driver's license or permit by an employee | 6 |
| of the Illinois Secretary of State's Office, or the owner | 7 |
| or employee of any commercial driver exam training school | 8 |
| licensed by the Illinois Secretary of State, or any other | 9 |
| individual authorized by the laws of this State to give | 10 |
| driving instructions or administer all or part of a | 11 |
| driver's license examination, he or she promises or tenders | 12 |
| to that person any property or personal advantage which | 13 |
| that person is not authorized by law to accept; or | 14 |
| (2) with intent to cause any person to influence any | 15 |
| act related to the issuance of any driver's license or | 16 |
| permit by an employee of the Illinois Secretary of State's | 17 |
| Office, or the owner or employee of any commercial driver | 18 |
| exam training school licensed by the Illinois Secretary of | 19 |
| State, or any other individual authorized by the laws of | 20 |
| this State to give driving instructions or administer all | 21 |
| or part of a driver's license examination, he or she | 22 |
| promises or tenders to that person any property or personal | 23 |
| advantage which that person is not authorized by law to | 24 |
| accept; or | 25 |
| (3) as an employee of the Illinois Secretary of State's | 26 |
| Office, or the owner or employee of any commercial driver |
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| exam training school licensed by the Illinois Secretary of | 2 |
| State, or any other individual authorized by the laws of | 3 |
| this State to give driving instructions or administer all | 4 |
| or part of a driver's license examination, solicits, | 5 |
| receives, retains, or agrees to accept any property or | 6 |
| personal advantage that he or she is not authorized by law | 7 |
| to accept knowing that such property or personal advantage | 8 |
| was promised or tendered with intent to influence the | 9 |
| performance of any act related to the issuance of any | 10 |
| driver's license or permit; or | 11 |
| (4) as an employee of the Illinois Secretary of State's | 12 |
| Office, or the owner or employee of any commercial driver | 13 |
| exam training school licensed by the Illinois Secretary of | 14 |
| State, or any other individual authorized by the laws of | 15 |
| this State to give driving instructions or administer all | 16 |
| or part of a driver's license examination, solicits, | 17 |
| receives, retains, or agrees to accept any property or | 18 |
| personal advantage pursuant to an understanding that he or | 19 |
| she shall improperly influence or attempt to influence the | 20 |
| performance of any act related to the issuance of any | 21 |
| driver's license or permit. | 22 |
| (b) Sentence.
Bribery to obtain driving privileges is a | 23 |
| Class 2 felony.
| 24 |
| (Source: P.A. 93-783, eff. 1-1-05.) |
|