96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3682


 
Introduced 2/11/2010, by Sen. Linda Holmes
 
SYNOPSIS AS INTRODUCED:
 		





 


  



625 ILCS 5/6-402
  from Ch. 95 1/2, par. 6-402








     Amends the Illinois Vehicle Code. Changes the amount of the continuous surety company bond that a qualified driver exam training school must hold to $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 (rather than a $20,000 requirement that applied to all driver exam training schools). Effective January 1, 2011.
  















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A BILL FOR









 




  






SB3682

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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 
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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 
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schools. In order to
qualify for a license to operate a driver 
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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 
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    the public which
meets the requirements of Section 6-403 
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    through 6-407;


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        (d) maintain bodily injury and property damage 
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    liability insurance on
motor vehicles while used in driving 
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    exam instruction, insuring the liability of
the driving 
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    school, the driving instructors and any person taking

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    instruction in at least the following amounts: $50,000 for 
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    bodily injury to
or death of one person in any one accident 
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    and, subject to said limit for
one person, $100,000 for 
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    bodily injury to or death of 2 or more persons in
any one 
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    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 
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    coverage in the form of a
certificate from the insurance 
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    carrier shall be filed with the Secretary of
State, and 
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    such certificate shall stipulate that the insurance shall 
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    not be
cancelled except upon 10 days prior written notice 
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    to the Secretary of
State.  The decal showing evidence of 
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    insurance shall be affixed to the
windshield of the 
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    vehicle;


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        (e) provide a continuous surety company bond in the 
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    principal sum of
$10,000 for a non-accredited school, 
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    $40,000 for a CDL or teenage accredited school, $60,000 for 
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    a CDL accredited and teenage accredited school, $50,000 for 
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    a CDL or teenage accredited school with three or more 
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    licensed branches, $70,000 for a CDL accredited and teenage 
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    accredited school with three or more licensed branches 
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    $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 
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    Secretary of State and written
by a company authorized to 
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    do business in this State. However, the
aggregate liability 
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    of the surety for all breaches of the condition of the
bond 
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    in no event shall exceed the principal sum of $10,000 for a 
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    non-accredited school, $40,000 for a CDL or teenage 
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    accredited school, $60,000 for a CDL accredited and teenage 
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    accredited school, $50,000 for a CDL or teenage accredited 
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    school with three or more licensed branches, $70,000 for a 
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    CDL accredited and teenage accredited school with three or 
 


 






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    more licensed branches $20,000. The
surety on
any such bond 
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    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 
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    liability for
any breach of any conditions of the bond 
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    which occurs after the effective
date of cancellation;


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        (f) have the equipment necessary to the giving of 
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    proper instruction in
the operation of motor vehicles;


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        (g) have and use a business telephone listing for all 
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    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 
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    fingerprint based background
check
to determine if the 
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    applicant has ever been convicted of a crime and if so, the

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    disposition of those convictions. The authorization shall 
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    indicate the scope
of
the inquiry and the agencies that may 
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    be contacted. Upon this authorization,
the
Secretary of 
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    State may request and receive information and assistance 
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    from any
federal, State, or local governmental agency as 
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    part of the authorized
investigation. Each applicant shall 
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    have his or her fingerprints submitted to
the Department of 
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    State Police in the form and manner prescribed by the

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    Department of State Police. The fingerprints shall be 
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    checked against the
Department of State Police and Federal 
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    Bureau of Investigation criminal history
record 
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    information databases. The Department of State
Police 
 


 






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    shall charge a fee for conducting the criminal history 
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    records check,
which shall be deposited in the State Police 
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    Services Fund and shall not exceed
the actual cost of the 
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    records check. The applicant shall be required to pay
all

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    related fingerprint fees including, but not limited to, the 
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    amounts established
by the Department of State Police and 
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    the Federal Bureau of Investigation to
process fingerprint 
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    based criminal background investigations. The Department 
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    of
State Police shall provide information concerning any 
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    criminal convictions and
disposition of criminal 
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    convictions brought against the applicant upon request
of 
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    the Secretary
of State provided that the request is made in 
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    the form and manner required by
the
Department of the State 
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    Police. Unless otherwise prohibited by law, the

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    information derived from the investigation including the 
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    source of the
information and any conclusions or 
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    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 
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    to any final action by
the Secretary of State on the 
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    application. Any criminal convictions and
disposition 
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    information obtained by the Secretary of State shall be

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    confidential
and may not be transmitted outside the Office 
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    of the Secretary of State, except
as required herein, and 
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    may not be transmitted to anyone within the Office of
the 
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    Secretary of State except as needed for the purpose of 
 


 






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    evaluating the
applicant. The information obtained from 
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    the investigation may be maintained
by the Secretary of 
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    State or any agency to which the information was

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    transmitted.
Only information and standards, which bear a 
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    reasonable and rational relation
to
the performance of a 
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    driver exam training school owner, shall be used by the

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    Secretary of State. Any employee of the Secretary of State 
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    who gives or causes
to be given away any confidential 
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    information concerning any criminal charges
or disposition 
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    of criminal charges of an applicant shall be guilty of a 
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    Class A
misdemeanor,
unless release of the information is 
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    authorized by this Section.

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    No license shall be issued under this Section to a person 
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who is a
spouse, offspring, sibling, parent, grandparent, 
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grandchild, uncle or aunt,
nephew or niece, cousin, or in-law 
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of the person whose license to do
business at that location has 
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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 
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denied, unless the Secretary of State is satisfied the 
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application was
submitted in good faith and not for the purpose 
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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 
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1, 2011.