Bill Text: IL SB2217 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning Vietnam Veteran license plates.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0740 [SB2217 Detail]

Download: Illinois-2009-SB2217-Enrolled.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-125 as follows:
(20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)
Sec. 2705-125. Safety inspection of motor vehicles;
transfer from various State agencies. The Department has the
power to administer, exercise, and enforce the rights, powers,
and duties presently vested in the Department of State Police
and the Division of State Troopers under the Illinois Vehicle
Inspection Law, in the Illinois Commerce Commission, in the
State Board of Education, and in the Secretary of State under
laws relating to the safety inspection of motor vehicles
operated by common carriers, of school buses, and of motor
vehicles used in the transportation of school children and
motor vehicles used in driver exam training schools for hire
licensed under Article IV of the Illinois Driver Licensing Law
or under any other law relating to the safety inspection of
motor vehicles of the second division as defined in the
Illinois Vehicle Code.
(Source: P.A. 91-239, eff. 1-1-00.)

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Section 10. The Illinois Vehicle Code is amended by
changing the heading of Article IV of Chapter 6 and Sections
1-103, 6-103, 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, 6-407,
6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, 6-414,
6-415, 6-416, 6-417, 6-419, 6-420, and 6-422 and by adding
Article X to Chapter 6 as follows:
(625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
Sec. 1-103. Approved driver education course. (a) Any
course of driver education approved by the State Board of
Education, offered by public or private schools maintaining
grades 9 through 12, and meeting at least the minimum
requirements of the "Driver Education Act", as now or hereafter
amended, or (b) any course of driver education offered by a
school licensed to give driver education instructions under
this Act which meets at least the minimum educational
requirements of the "Driver Education Act", as now or hereafter
amended, and is approved by the State Board of Education, or
(c) any course of driver education given in another State to an
Illinois resident attending school in such State and approved
by the State administrator of the Driver Education Program of
such other State, or (d) any course of driver education given
at a Department of Defense Education Activity school that is
approved by the Department of Defense Education Activity and
taught by an adult driver education instructor or traffic

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safety officer.
(Source: P.A. 81-1508.)
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 6 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle

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unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of

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financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist to the effect that the
operation of a motor vehicle by the person would not be
inimical to the public safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois

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Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;

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14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or a
similar provision of a law of another state relating to
reckless homicide or for violating subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code relating to aggravated driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or any combination thereof, if the violation was
the proximate cause of a death, within 24 months of release
from a term of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver exam training
school licensed by the Secretary of State, or any other
individual authorized by the laws of this State to give
driving instructions or administer all or part of a
driver's license examination, promises or tenders to that
person any property or personal advantage which that person

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is not authorized by law to accept. Any persons promising
or tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08;
95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff.
8-21-08.)

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(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver exam training schools for preparation
for examination given by Secretary of State-license required.
No person, firm, association, partnership or corporation shall
operate a driver exam training school or engage in the business
of giving instruction for hire or for a fee in the driving of
motor vehicles for or in the preparation of an applicant for
examination given by the Secretary of State for a drivers
license or permit, unless a license therefor has been issued by
the Secretary. No public schools or educational institutions
shall contract with entities engaged in the business of giving
instruction for hire or for a fee in the driving of motor
vehicles for or in the preparation of an applicant for
examination given by the Secretary of State for a driver's
license or permit, unless a license therefor has been issued by
the Secretary.
This Section shall not apply to (i) public schools or to
educational institutions in which driving instruction is part
of the curriculum, or (ii) to employers giving instruction to
their employees, or (iii) schools that teach enhanced driving
skills to licensed drivers as set forth in Article X of Chapter
6 of this Code.
(Source: P.A. 93-408, eff. 1-1-04.)
(625 ILCS 5/Ch. 6 Art. IV heading)

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ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS
(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

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insurance shall be affixed to the windshield of the
vehicle;
(e) provide a continuous surety company bond in the
principal sum of $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 $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

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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

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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

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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. 93-408, eff. 1-1-04.)
(625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
Sec. 6-403. Established Place of Business.
The established place of business of each driver exam
training school must be owned or leased by the driver exam
training school and regularly occupied and primarily used by
that driver exam training school for the business of selling
and giving driving instructions for hire or for a fee, and the
business of preparing members of the public for examination
given by the Secretary of State for a drivers license.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
Sec. 6-404. Location of Schools.
The established place of business of each driver exam
training school must be located in a district which is zoned
for business or commercial purposes. The driver exam training
school office must have a permanent sign clearly readable from
the street, from a distance of no less than 100 feet, with the
name of the driving exam school upon it.
(Source: P.A. 76-1753.)

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(625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
Sec. 6-405. Restrictions of Locations.
The established place of business, or branch office, branch
class room or advertised address of any driver exam training
school shall not consist of or include a house trailer,
residence, tent, temporary stand, temporary address, office
space, a room or rooms in a hotel, rooming house or apartment
house, or premises occupied by a single or multiple unit
dwelling house or telephone answering service.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
Sec. 6-406. Required Facilities.
(a) The established place of business of each driver exam
training school must consist of at least the following
permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver exam
training school must be reasonably accessible to the main
office facility of the driver exam training school.
(c) All class room facilities must have adequate lighting,
heating, ventilation, and must comply with all state, and local
laws relating to public health, safety and sanitation.
(d) The main office facility and branch office facility of

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each driver exam training school must contain sufficient space,
equipment, records and personnel to carry on the business of
the driver exam training school. The main office facility must
be specifically devoted to driver exam training school
business.
(e) A driver exam training school which as an established
place of business and a main office facility, may operate a
branch office or a branch class room provided that all the
requirements for the main office or main class room are met and
that such branch office bears the same name and is operated as
a part of the same business entity as the main office facility.
(f) No driver exam training school may share any main or
branch facility or facilities with any other driver exam
training school.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
Sec. 6-407. Locations and State Facilities.
No office or place of business of a driver exam training
school shall be established within 1,500 feet of any building
used as an office by any department of the Secretary of State
having to do with the administration of any laws relating to
motor vehicles, nor may any driving school solicit or advertise
for business within 1,500 feet of any building used as an
office by the Secretary of State having to do with the
administration of any laws relating to motor vehicles.

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(Source: P.A. 76-1586.)
(625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
Sec. 6-408. Records.
All driver exam training schools licensed by the Secretary
of State must maintain a permanent record of instructions given
to each student. The record must contain the name of the school
and the name of the student, the number of all licenses or
permits held by the student, the type and date of instruction
given, whether class room or behind the wheel, and the
signature of the instructor.
All permanent student instruction records must be kept on
file in the main office of each driver exam training school for
a period of 3 calendar years after the student has ceased
taking instruction at or with the school.
The records should show the fees and charges of the school
and also the record should show the course content and
instructions given to each student.
(Source: P.A. 76-1754.)
(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school dropouts;
limitation.
(a) No driver exam training school or driving exam training
instructor licensed under this Act may request a certificate of
completion from the Secretary of State as provided in Section

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6-411 for any person who is enrolled as a student in any public
or non-public secondary school at the time such instruction is
to be provided, or who was so enrolled during the semester last
ended if that instruction is to be provided between semesters
or during the summer after the regular school term ends, unless
that student has received a passing grade in at least 8 courses
during the 2 semesters last ending prior to requesting a
certificate of completion from the Secretary of State for the
student.
(b) No driver exam training school or driving exam training
instructor licensed under this Act may request a certificate of
completion from the Secretary of State as provided in Section
6-411 for any person who has dropped out of school and has not
yet attained the age of 18 years unless the driver exam
training school or driving exam training instructor has: 1)
obtained written documentation verifying the dropout's
enrollment in a GED or alternative education program or has
obtained a copy of the dropout's GED certificate; 2) obtained
verification that the student prior to dropping out had
received a passing grade in at least 8 courses during the 2
previous semesters last ending prior to requesting a
certificate of completion; or 3) obtained written consent from
the dropout's parents or guardians and the regional
superintendent.
(c) Students shall be informed of the eligibility
requirements of this Act in writing at the time of

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registration.
(d) The superintendent of schools of the school district in
which the student resides and attends school or in which the
student resides at the time he or she drops out of school (with
respect to a public high school student or a dropout from the
public high school) or the chief school administrator (with
respect to a student who attends a non-public high school or a
dropout from a non-public high school) may waive the
requirements of this Section if the superintendent or chief
school administrator, as the case may be, deems it to be in the
best interests of the student or dropout. Before requesting a
certificate of completion from the Secretary of State for any
person who is enrolled as a student in any public or non-public
secondary school or who was so enrolled in the semester last
ending prior to the request for a certificate of completion
from the Secretary of State or who is of high school age, the
driver exam training school shall determine from the school
district in which that person resides or resided at the time of
dropping out of school, or from the chief administrator of the
non-public high school attended or last attended by such
person, as the case may be, that such person is not ineligible
to receive a certificate of completion under this Section.
(Source: P.A. 93-408, eff. 1-1-04.)
(625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
Sec. 6-409. Display of License.

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Each driver exam training school must display at a
prominent place in its main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses
of all instructors employed by the school;
(c) The address of all branch offices and branch class
rooms.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
Sec. 6-410. Vehicle inspections. The Department of
Transportation shall provide for the inspection of all motor
vehicles used for driver exam training, and shall issue a
safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department
and found to be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes
and a mirror on each side of the motor vehicle so located as to
reflect to the driver a view of the highway for a distance of
at least 200 feet to the rear of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs
visible from the front and the rear in letters no less than 2
inches tall, listing the full name of the driver exam training
school which has registered and insured the motor vehicle.
(Source: P.A. 85-951.)

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(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Exam Training
Instructors. In order to qualify for a license as an instructor
for a driving exam school, an applicant must:
(a) Be of good moral character;
(b) 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; this authorization shall
indicate the scope of the inquiry and the agencies which
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
submit his or her fingerprints to the Department of State
Police in the form and manner prescribed by the Department
of State Police. These fingerprints shall be checked
against the fingerprint records now and hereafter filed in
the Department of State Police and Federal Bureau of
Investigation criminal history records 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

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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 their disposition, brought against the
applicant upon request of the Secretary of State when the
request is made in the form and manner required by the
Department of State Police. Unless otherwise prohibited by
law, the information derived from this investigation
including the source of this information, and any
conclusions or recommendations derived from this
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 their 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 this investigation may be
maintained by the Secretary of State or any agency to which
such information was transmitted. Only information and
standards which bear a reasonable and rational relation to
the performance of a driver exam training instructor shall

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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
and their disposition of an applicant shall be guilty of a
Class A misdemeanor unless release of such information is
authorized by this Section;
(c) Pass such examination as the Secretary of State
shall require on (1) traffic laws, (2) safe driving
practices, (3) operation of motor vehicles, and (4)
qualifications of teacher;
(d) Be physically able to operate safely a motor
vehicle and to train others in the operation of motor
vehicles. An instructors license application must be
accompanied by a medical examination report completed by a
competent physician licensed to practice in the State of
Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after
at least 4 years of high school education or the
equivalent; and
(g) Pay to the Secretary of State an application and
license fee of $70.
If a driver exam training school class room instructor
teaches an approved driver education course, as defined in
Section 1-103 of this Code, to students under 18 years of age,
he or she shall furnish to the Secretary of State a certificate

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issued by the State Board of Education that the said instructor
is qualified and meets the minimum educational standards for
teaching driver education courses in the local public or
parochial school systems, except that no State Board of
Education certification shall be required of any instructor who
teaches exclusively in a commercial driving school. On and
after July 1, 1986, the existing rules and regulations of the
State Board of Education concerning commercial driving schools
shall continue to remain in effect but shall be administered by
the Secretary of State until such time as the Secretary of
State shall amend or repeal the rules in accordance with the
Illinois Administrative Procedure Act. Upon request, the
Secretary of State shall issue a certificate of completion to a
student under 18 years of age who has completed an approved
driver education course at a commercial driving school.
(Source: P.A. 95-331, eff. 8-21-07.)
(625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
Sec. 6-412. Issuance of Licenses to Driver Exam Training
Schools and Driver Exam Training Instructors.
The Secretary of State shall issue a license certificate to
each applicant to conduct a driver exam training school or to
each driver exam training instructor when the Secretary of
State is satisfied that such person has met the qualifications
required under this Act.
(Source: P.A. 76-1586.)

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(625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
Sec. 6-413. Expiration of Licenses. All outstanding
licenses issued to any driver exam training school or driver
exam training instructor under this Act shall expire by
operation of law 24 months from the date of issuance, unless
sooner cancelled, suspended or revoked under the provisions of
Section 6-420.
(Source: P.A. 93-408, eff. 1-1-04.)
(625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
Sec. 6-414. Renewal of Licenses. The license of each driver
exam training school may be renewed subject to the same
conditions as the original license, and upon the payment of a
renewal license fee of $500 and $50 for each renewal of a
branch application.
(Source: P.A. 93-408, eff. 1-1-04.)
(625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
Sec. 6-415. Renewal Fee. The license of each driver exam
training instructor may be renewed subject to the same
conditions of the original license, and upon the payment of
annual renewal license fee of $70.
(Source: P.A. 93-408, eff. 1-1-04.)
(625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)

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Sec. 6-416. Licenses: Form and Filing. All applications for
renewal of a driver exam training school license or driver exam
training instructor's license shall be on a form prescribed by
the Secretary, and must be filed with the Secretary not less
than 15 days preceding the expiration date of the license to be
renewed.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
Sec. 6-417. Instructor's license.
Each driver exam training instructor's license shall
authorize the licensee to instruct only at or for the driver
exam training school indicated on the license. The Secretary
shall not issue a driver training instructor's license to any
individual who is licensed to instruct at or for another driver
exam training school.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and Regulations.
The Secretary is authorized to prescribe by rule standards
for the eligibility, conduct and operation of driver exam
training schools, and instructors and to adopt other reasonable
rules and regulations necessary to carry out the provisions of
this Act.
(Source: P.A. 76-1586.)

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(625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
Sec. 6-420. Denial, Cancellation, Suspension, Revocation
and Failure to Renew License. The Secretary may deny, cancel,
suspend or revoke, or refuse to renew any driver exam training
school license or any driver exam training instructor license:
(1) When the Secretary is satisfied that the licensee fails
to meet the requirements to receive or hold a license under
this Code;
(2) Whenever the licensee fails to keep the records
required by this Code;
(3) Whenever the licensee permits fraud or engages in
fraudulent practices either with reference to a student or the
Secretary, or induces or countenances fraud or fraudulent
practices on the part of any applicant for a driver's license
or permit;
(4) Whenever the licensee fails to comply with any
provision of this Code or any rule of the Secretary made
pursuant thereto;
(5) Whenever the licensee represents himself as an agent or
employee of the Secretary or uses advertising designed to lead
or which would reasonably have the effect of leading persons to
believe that such licensee is in fact an employee or
representative of the Secretary;
(6) Whenever the licensee or any employee or agent of the
licensee solicits driver training or instruction in an office

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of any department of the Secretary of State having to do with
the administration of any law relating to motor vehicles, or
within 1,500 feet of any such office;
(7) Whenever the licensee is convicted of driving while
under the influence of alcohol, other drugs, or a combination
thereof; leaving the scene of an accident; reckless homicide or
reckless driving; or
(8) Whenever a driver exam training school advertises that
a driver's license is guaranteed upon completion of the course
of instruction.
(Source: P.A. 85-951.)
(625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
Sec. 6-422. Prior law and licenses thereunder.
This Act shall not affect the validity of any outstanding
license issued to any driver exam training school or driver
exam training instructor by the Secretary of State under any
prior law, nor shall this Act affect the validity or legality
of any contract, agreement or undertaking entered into by any
driver exam training school or driver exam training instructor,
or any person, firm, corporation, partnership or association
based on those provisions of any prior law.
(Source: P.A. 76-1586.)
(625 ILCS 5/Ch. 6 Art. X heading new)
ARTICLE X. ENHANCED SKILLS DRIVING SCHOOLS

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(625 ILCS 5/6-1001 new)
Sec. 6-1001. Enhanced skills driving schools.
(a) As used in this Code, "enhanced skills driving school"
means a school for teaching advanced driving skills, such as
emergency braking, crash avoidance, and defensive driving
techniques to licensed drivers for a fee, and does not mean a
school for preparing students for examinations given by the
Secretary of State.
(b) No person, firm, association, partnership, or
corporation shall operate an enhanced skills driving school
unless issued a license by the Secretary. No enhanced skills
driving school may prepare students for examinations given by
the Secretary of State unless the school is also licensed under
Article IV of Chapter 6 of this Code.
(c) All behind-the-wheel instructions, practice, and
experience offered by enhanced skills driving schools shall be
on private property, such as race course facilities. The
Secretary of State shall have the authority to inspect all
facilities and to adopt rules to provide standards for enhanced
skills driving school facilities. No behind-the-wheel
instruction, practice, or experience may be given on public
roadways.
(d) The curriculum for courses and programs offered by
enhanced skills driving schools shall be reviewed and approved
by the Secretary.

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(625 ILCS 5/6-1002 new)
Sec. 6-1002. Enhanced skills driving school
qualifications. In order to qualify for a license to operate an
enhanced skills driving school, each applicant must:
(1) Be of good moral character;
(2) Be at least 21 years of age;
(3) Maintain bodily injury and property damage
liability insurance on motor vehicles while used in driving
instruction, insuring the liability of the driving school,
the driving instructors and any person taking instruction
in at least the following amounts: $500,000 for bodily
injury to or death of one person in any one accident and,
subject to said limit for one person, $1,000,000 for bodily
injury to or death of 2 or more persons in any one accident
and the amount of $100,000 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;
(4) Have the equipment necessary to the giving of
proper instruction in the operation of motor vehicles; and
(5) Pay to the Secretary of State an application fee of
$500 and $50 for each branch application.

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(625 ILCS 5/6-1003 new)
Sec. 6-1003. Display of license. Each enhanced skills
driving school must display at a prominent place in its main
office all of the following:
(1) The State license issued to the school;
(2) The names, addresses, and State instructors
license numbers of all instructors employed by the school;
and
(3) The addresses of each branch office and branch
classrooms.
(625 ILCS 5/6-1004 new)
Sec. 6-1004. Qualifications of enhanced skills driving
school instructors. In order to qualify for a license as an
instructor for an enhanced skills driving school, an applicant
must:
(1) Be of good moral character;
(2) Have never been convicted of driving while under
the influence of alcohol, other drugs, or a combination
thereof; leaving the scene of an accident; reckless
homicide or reckless driving;
(3) Be physically able to operate safely a motor
vehicle and to train others in the operation of motor
vehicles;
(4) Hold a valid drivers license; and

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(5) Pay to the Secretary of State an application and
license fee of $70.
(625 ILCS 5/6-1005 new)
Sec. 6-1005. Renewal of license; enhanced skills driving
school. The license of each enhanced skills driving school may
be renewed subject to the same conditions as the original
license, and upon the payment of a renewal license fee of $500
and $50 for each renewal of a branch application.
(625 ILCS 5/6-1006 new)
Sec. 6-1006. Renewal of license; enhanced skills driving
school instructor. The license of each enhanced skills driving
school instructor may be renewed subject to the same conditions
of the original license, and upon the payment of annual renewal
license fee of $70.
(625 ILCS 5/6-1007 new)
Sec. 6-1007. Licenses; form and filing. All applications
for renewal of an enhanced skills driving school license or
instructor's license shall be on a form prescribed by the
Secretary, and must be filed with the Secretary not less than
15 days preceding the expiration date of the license to be
renewed.
(625 ILCS 5/6-1008 new)

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Sec. 6-1008. Instructor's records. Every enhanced skills
driving school shall keep records regarding instructors,
students, courses, and equipment, as required by
administrative rules prescribed by the Secretary. Such records
shall be open to the inspection of the Secretary or his
representatives at all reasonable times.
(625 ILCS 5/6-1009 new)
Sec. 6-1009. Denial, cancellation, suspension, revocation,
and failure to renew license. The Secretary may deny, cancel,
suspend or revoke, or refuse to renew any enhanced skills
driving school license or any enhanced skills driving school
instructor license:
(1) When the Secretary is satisfied that the licensee
fails to meet the requirements to receive or hold a license
under this Code;
(2) Whenever the licensee fails to keep records
required by this Code or by any rule prescribed by the
Secretary;
(3) Whenever the licensee fails to comply with any
provision of this Code or any rule of the Secretary made
pursuant thereto;
(4) Whenever the licensee represents himself or
herself as an agent or employee of the Secretary or uses
advertising designed to lead or which would reasonably have
the effect of leading persons to believe that such licensee

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is in fact an employee or representative of the Secretary;
(5) Whenever the licensee or any employee or agent of
the licensee solicits driver training or instruction in an
office of any department of the Secretary of State having
to do with the administration of any law relating to motor
vehicles, or within 1,500 feet of any such office; or
(6) Whenever the licensee is convicted of driving while
under the influence of alcohol, other drugs, or a
combination thereof; leaving the scene of an accident;
reckless homicide or reckless driving.
(625 ILCS 5/6-1010 new)
Sec. 6-1010. Judicial review. The action of the Secretary
in canceling, suspending, revoking, or denying any license
under this Article shall be subject to judicial review in the
Circuit Court of Sangamon County or the Circuit Court of Cook
County, and the provisions of the Administrative Review Law and
the rules adopted pursuant thereto are hereby adopted and shall
apply to and govern every action for judicial review of the
final acts or decisions of the Secretary under this Article.
(625 ILCS 5/6-1011 new)
Sec. 6-1011. Injunctions. If any person, firm,
association, partnership, or corporation operates in violation
of any provision of this Article, or any rule, regulation,
order, or decision of the Secretary of State established under

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this Article, or in violation of any term, condition, or
limitation of any license issued under this Article, the
Secretary of State, or any other person injured as a result, or
any interested person, may apply to the circuit court of the
county where the violation or some part occurred, or where the
person complained of has an established or additional place of
business or resides, to prevent the violation. The court may
enforce compliance by injunction or other process restraining
the person from further violation and compliance.
(625 ILCS 5/6-1012 new)
Sec. 6-1012. Rules and regulations. The Secretary is
authorized to prescribe by rule standards for the eligibility,
conduct, and operation of enhanced driver skills training
schools, and instructors and to adopt other reasonable rules
and regulations necessary to carry out the provisions of this
Article.
(625 ILCS 5/6-1013 new)
Sec. 6-1013. Deposit of fees. Fees collected under this
Article shall be deposited into the Road Fund.
Section 15. The Criminal Code of 1961 is amended by
changing Section 33-6 as follows:
(720 ILCS 5/33-6)

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Sec. 33-6. Bribery to obtain driving privileges.
(a) A person commits the offense of bribery to obtain
driving privileges when:
(1) with intent to influence any act related to the
issuance of any driver's license or permit by an employee
of the Illinois Secretary of State's Office, or the owner
or employee of any commercial driver exam training school
licensed by the Illinois Secretary of State, or any other
individual authorized by the laws of this State to give
driving instructions or administer all or part of a
driver's license examination, he or she promises or tenders
to that person any property or personal advantage which
that person is not authorized by law to accept; or
(2) with intent to cause any person to influence any
act related to the issuance of any driver's license or
permit by an employee of the Illinois Secretary of State's
Office, or the owner or employee of any commercial driver
exam training school licensed by the Illinois Secretary of
State, or any other individual authorized by the laws of
this State to give driving instructions or administer all
or part of a driver's license examination, he or she
promises or tenders to that person any property or personal
advantage which that person is not authorized by law to
accept; or
(3) as an employee of the Illinois Secretary of State's
Office, or the owner or employee of any commercial driver

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exam training school licensed by the Illinois Secretary of
State, or any other individual authorized by the laws of
this State to give driving instructions or administer all
or part of a driver's license examination, solicits,
receives, retains, or agrees to accept any property or
personal advantage that he or she is not authorized by law
to accept knowing that such property or personal advantage
was promised or tendered with intent to influence the
performance of any act related to the issuance of any
driver's license or permit; or
(4) as an employee of the Illinois Secretary of State's
Office, or the owner or employee of any commercial driver
exam training school licensed by the Illinois Secretary of
State, or any other individual authorized by the laws of
this State to give driving instructions or administer all
or part of a driver's license examination, solicits,
receives, retains, or agrees to accept any property or
personal advantage pursuant to an understanding that he or
she shall improperly influence or attempt to influence the
performance of any act related to the issuance of any
driver's license or permit.
(b) Sentence. Bribery to obtain driving privileges is a
Class 2 felony.