DRIVER TRAINING INSTRUCTORS, the official text

SB2824 Enrolled                     LRB104 17228 LNS 30649 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)

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

17  of State may request and receive information and

18  assistance from any federal, state, or local governmental

19  agency as part of the authorized investigation. Each

20  applicant shall submit his or her fingerprints to the

21  Illinois State Police in the form and manner prescribed by

22  the Illinois State Police. These fingerprints shall be

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

2   Investigation criminal history records databases. The

3   Illinois State Police shall charge a fee for conducting

4   the criminal history records check, which shall be

5   deposited in the State Police Services Fund and shall not

6   exceed the actual cost of the records check. The applicant

7   shall be required to pay all related fingerprint fees,

8   including, but not limited to, the amounts established by

9   the Illinois State Police and the Federal Bureau of

10  Investigation to process fingerprint based criminal

11  background investigations. The Illinois State Police shall

12  provide information concerning any criminal convictions,

13  and their disposition, brought against the applicant upon

14  request of the Secretary of State when the request is made

15  in the form and manner required by the Illinois State

16  Police. Unless otherwise prohibited by law, the

17  information derived from this investigation, including the

18  source of this information, and any conclusions or

19  recommendations derived from this information by the

20  Secretary of State shall be provided to the applicant, or

21  his designee, upon request to the Secretary of State,

22  prior to any final action by the Secretary of State on the

23  application. At any administrative hearing held under

24  Section 2-118 of this Code relating to the denial,

25  cancellation, suspension, or revocation of a driver

26  training school license, the Secretary of State is
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1   authorized to utilize at that hearing any criminal

2   histories, criminal convictions, and disposition

3   information obtained under this Section. Any criminal

4   convictions and their disposition information obtained by

5   the Secretary of State shall be confidential and may not

6   be transmitted outside the Office of the Secretary of

7   State, except as required herein, and may not be

8   transmitted to anyone within the Office of the Secretary

9   of State except as needed for the purpose of evaluating

10  the applicant. The information obtained from this

11  investigation may be maintained by the Secretary of State

12  or any agency to which such information was transmitted.

13  Only information and standards which bear a reasonable and

14  rational relation to the performance of a driver training

15  instructor shall be used by the Secretary of State. Any

16  employee of the Secretary of State who gives or causes to

17  be given away any confidential information concerning any

18  criminal charges and their disposition of an applicant

19  shall be guilty of a Class A misdemeanor unless release of

20  such information is authorized by this 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
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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 this State

4   under the Medical Practice Act of 1987, a physician

5   assistant licensed under the Physician Assistant Practice

6   Act of 1987, or an advanced practice registered nurse

7   licensed under the Nurse Practice Act medical examiner as

8   defined in Section 6-901 of this Code;

9   (e) Hold a valid Illinois drivers license;

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

11  2-year period preceding the date of application for an

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

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

14  currently authorized to work in the United States;

15  (f) Have graduated from an accredited high school

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

17  equivalent; and

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

19  license fee of $70.

20  If a driver training school class room instructor teaches

21 an approved driver education course, as defined in Section

22 1-103 of this Code, to students under 18 years of age, he or

23 she shall furnish to the Secretary of State a certificate

24 issued by the State Board of Education that the said

25 instructor is qualified and meets the minimum educational

26 standards for teaching driver education courses in the local
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 1 public or parochial school systems, except that no State Board
 2 of Education certification shall be required of any instructor
 3 who teaches exclusively in a commercial driving school. On and
 4 after July 1, 1986, the existing rules and regulations of the
 5 State Board of Education concerning commercial driving schools
 6 shall continue to remain in effect but shall be administered
 7 by the Secretary of State until such time as the Secretary of
 8 State shall amend or repeal the rules in accordance with the
 9 Illinois Administrative Procedure Act. Upon request, the
10 Secretary of State shall issue a certificate of completion to
11 a student under 18 years of age who has completed an approved
12 driver education course at a commercial driving school.
13 (Source: P.A. 104-260, eff. 8-15-25; 104-275, eff. 1-1-26;
14 revised 11-21-25.)