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Sen. Jennifer Bertino-Tarrant
Filed: 5/15/2014
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1 | | AMENDMENT TO HOUSE BILL 4561
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2 | | AMENDMENT NO. ______. Amend House Bill 4561 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Vehicle Code is amended by |
5 | | changing Section 6-107.5 as follows: |
6 | | (625 ILCS 5/6-107.5) |
7 | | (This Section may contain text from a Public Act with a |
8 | | delayed effective date ) |
9 | | Sec. 6-107.5. Adult Driver Education Course. |
10 | | (a) The Secretary shall establish by rule the curriculum |
11 | | and designate the materials to be used in an adult driver |
12 | | education course. The course shall be at least 6 hours in |
13 | | length and shall include instruction on traffic laws; highway |
14 | | signs, signals, and markings that regulate, warn, or direct |
15 | | traffic; and issues commonly associated with motor vehicle |
16 | | accidents including poor decision-making, risk taking, |
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1 | | impaired driving, distraction, speed, failure to use a safety |
2 | | belt, driving at night, failure to yield the right-of-way, |
3 | | texting while driving, using wireless communication devices, |
4 | | and alcohol and drug awareness. The curriculum shall not |
5 | | require the operation of a motor vehicle. |
6 | | (b) The Secretary shall certify course providers. The |
7 | | requirements to be a certified course provider, the process for |
8 | | applying for certification, and the procedure for decertifying |
9 | | a course provider shall be established by rule. |
10 | | (b-5) In order to qualify for certification as an adult |
11 | | driver education course provider, each applicant must |
12 | | authorize an investigation that includes a fingerprint-based |
13 | | background check to determine if the applicant has ever been |
14 | | convicted of a criminal offense and, if so, the disposition of |
15 | | any conviction. This authorization shall indicate the scope of |
16 | | the inquiry and the agencies that may be contacted. Upon |
17 | | receiving this authorization, the Secretary of State may |
18 | | request and receive information and assistance from any |
19 | | federal, State, or local governmental agency as part of the |
20 | | authorized investigation. Each applicant shall submit his or |
21 | | her fingerprints to the Department of State Police in the form |
22 | | and manner prescribed by the Department of State Police. These |
23 | | fingerprints shall be checked against fingerprint records now |
24 | | and hereafter filed in the Department of State Police and |
25 | | Federal Bureau of Investigation criminal history record |
26 | | databases. The Department of State Police shall charge |
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1 | | applicants a fee for conducting the criminal history record |
2 | | check, which shall be deposited into the State Police Services |
3 | | Fund and shall not exceed the actual cost of the State and |
4 | | national criminal history record check. The Department of State |
5 | | Police shall furnish, pursuant to positive identification, |
6 | | records of Illinois criminal convictions to the Secretary and |
7 | | shall forward the national criminal history record information |
8 | | to the Secretary. Applicants shall pay any other |
9 | | fingerprint-related fees. Unless otherwise prohibited by law, |
10 | | the information derived from the investigation, including the |
11 | | source of the information and any conclusions or |
12 | | recommendations derived from the information by the Secretary |
13 | | of State, shall be provided to the applicant upon request to |
14 | | the Secretary of State prior to any final action by the |
15 | | Secretary of State on the application. Any criminal conviction |
16 | | information obtained by the Secretary of State shall be |
17 | | confidential and may not be transmitted outside the Office of |
18 | | the Secretary of State, except as required by this subsection |
19 | | (b-5), and may not be transmitted to anyone within the Office |
20 | | of the Secretary of State except as needed for the purpose of |
21 | | evaluating the applicant. At any administrative hearing held |
22 | | under Section 2-118 of this Code relating to the denial, |
23 | | cancellation, suspension, or revocation of certification of an |
24 | | adult driver education course provider, the Secretary of State |
25 | | may utilize at that hearing any criminal history, criminal |
26 | | conviction, and disposition information obtained under this |
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1 | | subsection (b-5). The information obtained from the |
2 | | investigation may be maintained by the Secretary of State or |
3 | | any agency to which the information was transmitted. Only |
4 | | information and standards which bear a reasonable and rational |
5 | | relation to the performance of providing adult driver education |
6 | | shall be used by the Secretary of State. Any employee of the |
7 | | Secretary of State who gives or causes to be given away any |
8 | | confidential information concerning any criminal convictions |
9 | | or disposition of criminal convictions of an applicant shall be |
10 | | guilty of a Class A misdemeanor unless release of the |
11 | | information is authorized by this Section. |
12 | | (c) The Secretary may permit a course provider to offer the |
13 | | course online, if the Secretary is satisfied the course |
14 | | provider has established adequate procedures for verifying: |
15 | | (1) the identity of the person taking the course |
16 | | online; and |
17 | | (2) the person completes the entire course. |
18 | | (d) The Secretary shall establish a method of electronic |
19 | | verification of a student's successful completion of the |
20 | | course. |
21 | | (e) The fee charged by the course provider must bear a |
22 | | reasonable relationship to the cost of the course. The |
23 | | Secretary shall post on the Secretary of State's website a list |
24 | | of approved course providers, the fees charged by the |
25 | | providers, and contact information for each provider. |
26 | | (f) In addition to any other fee charged by the course |
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1 | | provider, the course provider shall collect a fee of $5 from |
2 | | each student to offset the costs incurred by the Secretary in |
3 | | administering this program. The $5 shall be submitted to the |
4 | | Secretary within 14 days of the day on which it was collected. |
5 | | All such fees received by the Secretary shall be deposited in |
6 | | the Secretary of State Driver Services Administration Fund.
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7 | | (Source: P.A. 98-167, eff. 7-1-14.) |
8 | | Section 95. No acceleration or delay. Where this Act makes |
9 | | changes in a statute that is represented in this Act by text |
10 | | that is not yet or no longer in effect (for example, a Section |
11 | | represented by multiple versions), the use of that text does |
12 | | not accelerate or delay the taking effect of (i) the changes |
13 | | made by this Act or (ii) provisions derived from any other |
14 | | Public Act.".
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