Public Act 096-1062
SB3682 EnrolledLRB096 17205 AJT 32554 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-402 as follows:
    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)
    Sec. 6-402. Qualifications of driver exam training
schools. In order to qualify for a license to operate a driver
exam training school, each applicant must:
        (a) be of good moral character;
        (b) be at least 21 years of age;
        (c) maintain an established place of business open to
    the public which meets the requirements of Section 6-403
    through 6-407;
        (d) maintain bodily injury and property damage
    liability insurance on motor vehicles while used in driving
    exam instruction, insuring the liability of the driving
    school, the driving instructors and any person taking
    instruction in at least the following amounts: $50,000 for
    bodily injury to or death of one person in any one accident
    and, subject to said limit for one person, $100,000 for
    bodily injury to or death of 2 or more persons in any one
    accident and the amount of $10,000 for damage to property
    of others in any one accident. Evidence of such insurance
    coverage in the form of a certificate from the insurance
    carrier shall be filed with the Secretary of State, and
    such certificate shall stipulate that the insurance shall
    not be cancelled except upon 10 days prior written notice
    to the Secretary of State. The decal showing evidence of
    insurance shall be affixed to the windshield of the
        (e) provide a continuous surety company bond in the
    principal sum of $10,000 for a non-accredited school,
    $40,000 for a CDL or teenage accredited school, $60,000 for
    a CDL accredited and teenage accredited school, $50,000 for
    a CDL or teenage accredited school with three or more
    licensed branches, $70,000 for a CDL accredited and teenage
    accredited school with three or more licensed branches
    $20,000 for the protection of the contractual rights of
    students in such form as will meet with the approval of the
    Secretary of State and written by a company authorized to
    do business in this State. However, the aggregate liability
    of the surety for all breaches of the condition of the bond
    in no event shall exceed the principal sum of $10,000 for a
    non-accredited school, $40,000 for a CDL or teenage
    accredited school, $60,000 for a CDL accredited and teenage
    accredited school, $50,000 for a CDL or teenage accredited
    school with three or more licensed branches, $70,000 for a
    CDL accredited and teenage accredited school with three or
    more licensed branches $20,000. The surety on any such bond
    may cancel such bond on giving 30 days notice thereof in
    writing to the Secretary of State and shall be relieved of
    liability for any breach of any conditions of the bond
    which occurs after the effective date of cancellation;
        (f) have the equipment necessary to the giving of
    proper instruction in the operation of motor vehicles;
        (g) have and use a business telephone listing for all
    business purposes;
        (h) pay to the Secretary of State an application fee of
    $500 and $50 for each branch application; and
        (i) authorize an investigation to include a
    fingerprint based background check to determine if the
    applicant has ever been convicted of a crime and if so, the
    disposition of those convictions. The authorization shall
    indicate the scope of the inquiry and the agencies that may
    be contacted. Upon this authorization, the Secretary of
    State may request and receive information and assistance
    from any federal, State, or local governmental agency as
    part of the authorized investigation. Each applicant shall
    have his or her fingerprints submitted to the Department of
    State Police in the form and manner prescribed by the
    Department of State Police. The fingerprints shall be
    checked against the Department of State Police and Federal
    Bureau of Investigation criminal history record
    information databases. The Department of State Police
    shall charge a fee for conducting the criminal history
    records check, which shall be deposited in the State Police
    Services Fund and shall not exceed the actual cost of the
    records check. The applicant shall be required to pay all
    related fingerprint fees including, but not limited to, the
    amounts established by the Department of State Police and
    the Federal Bureau of Investigation to process fingerprint
    based criminal background investigations. The Department
    of State Police shall provide information concerning any
    criminal convictions and disposition of criminal
    convictions brought against the applicant upon request of
    the Secretary of State provided that the request is made in
    the form and manner required by the Department of the State
    Police. Unless otherwise prohibited by law, the
    information derived from the investigation including the
    source of the information and any conclusions or
    recommendations derived from the information by the
    Secretary of State shall be provided to the applicant, or
    his designee, upon request to the Secretary of State, prior
    to any final action by the Secretary of State on the
    application. Any criminal convictions and disposition
    information obtained by the Secretary of State shall be
    confidential and may not be transmitted outside the Office
    of the Secretary of State, except as required herein, and
    may not be transmitted to anyone within the Office of the
    Secretary of State except as needed for the purpose of
    evaluating the applicant. The information obtained from
    the investigation may be maintained by the Secretary of
    State or any agency to which the information was
    transmitted. Only information and standards, which bear a
    reasonable and rational relation to the performance of a
    driver exam training school owner, shall be used by the
    Secretary of State. Any employee of the Secretary of State
    who gives or causes to be given away any confidential
    information concerning any criminal charges or disposition
    of criminal charges of an applicant shall be guilty of a
    Class A misdemeanor, unless release of the information is
    authorized by this Section.
    No license shall be issued under this Section to a person
who is a spouse, offspring, sibling, parent, grandparent,
grandchild, uncle or aunt, nephew or niece, cousin, or in-law
of the person whose license to do business at that location has
been revoked or denied or to a person who was an officer or
employee of a business firm that has had its license revoked or
denied, unless the Secretary of State is satisfied the
application was submitted in good faith and not for the purpose
or effect of defeating the intent of this Code.
(Source: P.A. 96-740, eff. 1-1-10.)
    Section 99. Effective date. This Act takes effect January
1, 2011.