VEH CD- INSTRUCTOR DL REQ, the official text

HB3125 Enrolled                     LRB104 08201 LNS 18251 b

1   AN ACT concerning transportation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Vehicle Code is amended by

5 changing Section 6-411 as follows:

6   (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)

7   Sec. 6-411. Qualifications of Driver Training Instructors.

8 In order to qualify for a license as an instructor for a

9 driving school, an applicant must:

10  (a) Be of good moral character;

11  (b) Authorize an investigation to include a

12  fingerprint based background check to determine if the

13  applicant has ever been convicted of a crime and if so, the

14  disposition of those convictions; this authorization shall

15  indicate the scope of the inquiry and the agencies which

16  may be contacted. Upon this authorization the Secretary of

17  State may request and receive information and assistance

18  from any federal, state or local governmental agency as

19  part of the authorized investigation. Each applicant shall

20  submit his or her fingerprints to the Illinois State

21  Police in the form and manner prescribed by the Illinois

22  State Police. These fingerprints shall be checked against

23  the fingerprint records now and hereafter filed in the
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1   Illinois State Police and Federal Bureau of Investigation

2   criminal history records databases. The Illinois State

3   Police shall charge a fee for conducting the criminal

4   history records check, which shall be deposited in the

5   State Police Services Fund and shall not exceed the actual

6   cost of the records check. The applicant shall be required

7   to pay all related fingerprint fees including, but not

8   limited to, the amounts established by the Illinois State

9   Police and the Federal Bureau of Investigation to process

10  fingerprint based criminal background investigations. The

11  Illinois State Police shall provide information concerning

12  any criminal convictions, and their disposition, brought

13  against the applicant upon request of the Secretary of

14  State when the request is made in the form and manner

15  required by the Illinois State Police. Unless otherwise

16  prohibited by law, the information derived from this

17  investigation including the source of this information,

18  and any conclusions or recommendations derived from this

19  information by the Secretary of State shall be provided to

20  the applicant, or his designee, upon request to the

21  Secretary of State, prior to any final action by the

22  Secretary of State on the application. At any

23  administrative hearing held under Section 2-118 of this

24  Code relating to the denial, cancellation, suspension, or

25  revocation of a driver training school license, the

26  Secretary of State is authorized to utilize at that
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1   hearing any criminal histories, criminal convictions, and

2   disposition information obtained under this Section. Any

3   criminal convictions and their disposition information

4   obtained by the Secretary of State shall be confidential

5   and may not be transmitted outside the Office of the

6   Secretary of State, except as required herein, and may not

7   be transmitted to anyone within the Office of the

8   Secretary of State except as needed for the purpose of

9   evaluating the applicant. The information obtained from

10  this investigation may be maintained by the Secretary of

11  State or any agency to which such information was

12  transmitted. Only information and standards which bear a

13  reasonable and rational relation to the performance of a

14  driver training instructor shall be used by the Secretary

15  of State. Any employee of the Secretary of State who gives

16  or causes to be given away any confidential information

17  concerning any criminal charges and their disposition of

18  an applicant shall be guilty of a Class A misdemeanor

19  unless release of such information is authorized by this

20  Section;

21  (c) Pass such examination as the Secretary of State

22  shall require on (1) traffic laws, (2) safe driving

23  practices, (3) operation of motor vehicles, and (4)

24  qualifications of teacher;

25  (d) Be physically able to operate safely a motor

26  vehicle and to train others in the operation of motor
    HB3125 Enrolled      -4-  LRB104 08201 LNS 18251 b

1   vehicles. An instructors license application must be

2   accompanied by a medical examination report completed by a

3   competent physician licensed to practice in the State of

4   Illinois;

5   (e) Hold a valid Illinois drivers license;

6   (e-5) Have held a valid driver's license for any

7   2-year period preceding the date of application for an

8   instructor's license, including a temporary visitor's

9   driver's license issued under Section 6-105.1, and be

10  currently authorized to work in the United States;

11  (f) Have graduated from an accredited high school

12  after at least 4 years of high school education or the

13  equivalent; and

14  (g) Pay to the Secretary of State an application and

15  license fee of $70.

16  If a driver training school class room instructor teaches

17 an approved driver education course, as defined in Section

18 1-103 of this Code, to students under 18 years of age, he or

19 she shall furnish to the Secretary of State a certificate

20 issued by the State Board of Education that the said

21 instructor is qualified and meets the minimum educational

22 standards for teaching driver education courses in the local

23 public or parochial school systems, except that no State Board

24 of Education certification shall be required of any instructor

25 who teaches exclusively in a commercial driving school. On and

26 after July 1, 1986, the existing rules and regulations of the
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1 State Board of Education concerning commercial driving schools
2 shall continue to remain in effect but shall be administered
3 by the Secretary of State until such time as the Secretary of
4 State shall amend or repeal the rules in accordance with the
5 Illinois Administrative Procedure Act. Upon request, the
6 Secretary of State shall issue a certificate of completion to
7 a student under 18 years of age who has completed an approved
8 driver education course at a commercial driving school.
9 (Source: P.A. 102-538, eff. 8-20-21.)