Full Text of SB3682 96th General Assembly
SB3682enr 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 |
| Section 6-402 as follows:
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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 | 8 |
| schools. In order to
qualify for a license to operate a driver | 9 |
| 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 | 13 |
| the public which
meets the requirements of Section 6-403 | 14 |
| through 6-407;
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| (d) maintain bodily injury and property damage | 16 |
| liability insurance on
motor vehicles while used in driving | 17 |
| exam instruction, insuring the liability of
the driving | 18 |
| school, the driving instructors and any person taking
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| instruction in at least the following amounts: $50,000 for | 20 |
| bodily injury to
or death of one person in any one accident | 21 |
| and, subject to said limit for
one person, $100,000 for | 22 |
| bodily injury to or death of 2 or more persons in
any one | 23 |
| accident and the amount of $10,000 for damage to property |
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| of others
in any one accident. Evidence of such insurance | 2 |
| coverage in the form of a
certificate from the insurance | 3 |
| carrier shall be filed with the Secretary of
State, and | 4 |
| such certificate shall stipulate that the insurance shall | 5 |
| not be
cancelled except upon 10 days prior written notice | 6 |
| to the Secretary of
State. The decal showing evidence of | 7 |
| insurance shall be affixed to the
windshield of the | 8 |
| vehicle;
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| (e) provide a continuous surety company bond in the | 10 |
| principal sum of
$10,000 for a non-accredited school, | 11 |
| $40,000 for a CDL or teenage accredited school, $60,000 for | 12 |
| a CDL accredited and teenage accredited school, $50,000 for | 13 |
| a CDL or teenage accredited school with three or more | 14 |
| licensed branches, $70,000 for a CDL accredited and teenage | 15 |
| accredited school with three or more licensed branches | 16 |
| $20,000 for the protection of the contractual rights of
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| students in such
form as will meet with the approval of the | 18 |
| Secretary of State and written
by a company authorized to | 19 |
| do business in this State. However, the
aggregate liability | 20 |
| of the surety for all breaches of the condition of the
bond | 21 |
| in no event shall exceed the principal sum of $10,000 for a | 22 |
| non-accredited school, $40,000 for a CDL or teenage | 23 |
| accredited school, $60,000 for a CDL accredited and teenage | 24 |
| accredited school, $50,000 for a CDL or teenage accredited | 25 |
| school with three or more licensed branches, $70,000 for a | 26 |
| CDL accredited and teenage accredited school with three or |
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| more licensed branches $20,000 . The
surety on
any such bond | 2 |
| may 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 | 4 |
| liability for
any breach of any conditions of the bond | 5 |
| which occurs after the effective
date of cancellation;
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| (f) have the equipment necessary to the giving of | 7 |
| proper instruction in
the operation of motor vehicles;
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| (g) have and use a business telephone listing for all | 9 |
| 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 | 13 |
| fingerprint based background
check
to determine if the | 14 |
| applicant has ever been convicted of a crime and if so, the
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| disposition of those convictions. The authorization shall | 16 |
| indicate the scope
of
the inquiry and the agencies that may | 17 |
| be contacted. Upon this authorization,
the
Secretary of | 18 |
| State may request and receive information and assistance | 19 |
| from any
federal, State, or local governmental agency as | 20 |
| part of the authorized
investigation. Each applicant shall | 21 |
| have his or her fingerprints submitted to
the Department of | 22 |
| State Police in the form and manner prescribed by the
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| Department of State Police. The fingerprints shall be | 24 |
| checked against the
Department of State Police and Federal | 25 |
| Bureau of Investigation criminal history
record | 26 |
| information databases. The Department of State
Police |
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| shall charge a fee for conducting the criminal history | 2 |
| records check,
which shall be deposited in the State Police | 3 |
| Services Fund and shall not exceed
the actual cost of the | 4 |
| records check. The applicant shall be required to pay
all
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| related fingerprint fees including, but not limited to, the | 6 |
| amounts established
by the Department of State Police and | 7 |
| the Federal Bureau of Investigation to
process fingerprint | 8 |
| based criminal background investigations. The Department | 9 |
| of
State Police shall provide information concerning any | 10 |
| criminal convictions and
disposition of criminal | 11 |
| convictions brought against the applicant upon request
of | 12 |
| the Secretary
of State provided that the request is made in | 13 |
| the form and manner required by
the
Department of the State | 14 |
| Police. Unless otherwise prohibited by law, the
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| information derived from the investigation including the | 16 |
| source of the
information and any conclusions or | 17 |
| recommendations derived from the
information by the | 18 |
| Secretary of State shall be provided to the applicant, or
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| his
designee, upon request to the Secretary of State, prior | 20 |
| to any final action by
the Secretary of State on the | 21 |
| application. Any criminal convictions and
disposition | 22 |
| information obtained by the Secretary of State shall be
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| confidential
and may not be transmitted outside the Office | 24 |
| of the Secretary of State, except
as required herein, and | 25 |
| may not be transmitted to anyone within the Office of
the | 26 |
| Secretary of State except as needed for the purpose of |
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| evaluating the
applicant. The information obtained from | 2 |
| the investigation may be maintained
by the Secretary of | 3 |
| State or any agency to which the information was
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| transmitted.
Only information and standards, which bear a | 5 |
| reasonable and rational relation
to
the performance of a | 6 |
| driver exam training school owner, shall be used by the
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| Secretary of State. Any employee of the Secretary of State | 8 |
| who gives or causes
to be given away any confidential | 9 |
| information concerning any criminal charges
or disposition | 10 |
| of criminal charges of an applicant shall be guilty of a | 11 |
| Class A
misdemeanor,
unless release of the information is | 12 |
| authorized by this Section.
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| No license shall be issued under this Section to a person | 14 |
| who is a
spouse, offspring, sibling, parent, grandparent, | 15 |
| grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | 16 |
| of the person whose license to do
business at that location has | 17 |
| been revoked or denied or to a person who was
an officer or | 18 |
| employee of a business firm that has had its license revoked
or | 19 |
| denied, unless the Secretary of State is satisfied the | 20 |
| application was
submitted in good faith and not for the purpose | 21 |
| or effect of defeating the
intent of this Code.
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| (Source: P.A. 96-740, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect January | 24 |
| 1, 2011.
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