Bill Text: IL SB3682 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-14 - Public Act . . . . . . . . . 96-1062 [SB3682 Detail]

Download: Illinois-2009-SB3682-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 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

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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
vehicle;
(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

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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

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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

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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.