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Public Act 098-0876
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| HB4561 Enrolled | LRB098 15243 MLW 50250 b |
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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 |
Section 6-107.5 as follows:
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(625 ILCS 5/6-107.5) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
Sec. 6-107.5. Adult Driver Education Course. |
(a) The Secretary shall establish by rule the curriculum |
and designate the materials to be used in an adult driver |
education course. The course shall be at least 6 hours in |
length and shall include instruction on traffic laws; highway |
signs, signals, and markings that regulate, warn, or direct |
traffic; and issues commonly associated with motor vehicle |
accidents including poor decision-making, risk taking, |
impaired driving, distraction, speed, failure to use a safety |
belt, driving at night, failure to yield the right-of-way, |
texting while driving, using wireless communication devices, |
and alcohol and drug awareness. The curriculum shall not |
require the operation of a motor vehicle. |
(b) The Secretary shall certify course providers. The |
requirements to be a certified course provider, the process for |
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applying for certification, and the procedure for decertifying |
a course provider shall be established by rule. |
(b-5) In order to qualify for certification as an adult |
driver education course provider, each applicant must |
authorize an investigation that includes a fingerprint-based |
background check to determine if the applicant has ever been |
convicted of a criminal offense and, if so, the disposition of |
any conviction. This authorization shall indicate the scope of |
the inquiry and the agencies that may be contacted. Upon |
receiving 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 fingerprint records now |
and hereafter filed in the Department of State Police and |
Federal Bureau of Investigation criminal history record |
databases. The Department of State Police shall charge |
applicants a fee for conducting the criminal history record |
check, which shall be deposited into the State Police Services |
Fund and shall not exceed the actual cost of the State and |
national criminal history record check. The Department of State |
Police shall furnish, pursuant to positive identification, |
records of Illinois criminal convictions to the Secretary and |
shall forward the national criminal history record information |
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to the Secretary. Applicants shall pay any other |
fingerprint-related fees. 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 upon request to |
the Secretary of State prior to any final action by the |
Secretary of State on the application. Any criminal conviction |
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 by this subsection |
(b-5), 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. At any administrative hearing held |
under Section 2-118 of this Code relating to the denial, |
cancellation, suspension, or revocation of certification of an |
adult driver education course provider, the Secretary of State |
may utilize at that hearing any criminal history, criminal |
conviction, and disposition information obtained under this |
subsection (b-5). 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 providing adult driver education |
shall be used by the Secretary of State. Any employee of the |
Secretary of State who gives or causes to be given away any |
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confidential information concerning any criminal convictions |
or disposition of criminal convictions of an applicant shall be |
guilty of a Class A misdemeanor unless release of the |
information is authorized by this Section. |
(c) The Secretary may permit a course provider to offer the |
course online, if the Secretary is satisfied the course |
provider has established adequate procedures for verifying: |
(1) the identity of the person taking the course |
online; and |
(2) the person completes the entire course. |
(d) The Secretary shall establish a method of electronic |
verification of a student's successful completion of the |
course. |
(e) The fee charged by the course provider must bear a |
reasonable relationship to the cost of the course. The |
Secretary shall post on the Secretary of State's website a list |
of approved course providers, the fees charged by the |
providers, and contact information for each provider. |
(f) In addition to any other fee charged by the course |
provider, the course provider shall collect a fee of $5 from |
each student to offset the costs incurred by the Secretary in |
administering this program. The $5 shall be submitted to the |
Secretary within 14 days of the day on which it was collected. |
All such fees received by the Secretary shall be deposited in |
the Secretary of State Driver Services Administration Fund.
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(Source: P.A. 98-167, eff. 7-1-14.)
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