Sen. Donald P. DeWitte
Filed: 4/1/2021
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1 | AMENDMENT TO SENATE BILL 138
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2 | AMENDMENT NO. ______. Amend Senate Bill 138 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 Sections 1-103, 6-401, and 6-419 as follows:
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6 | (625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
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7 | Sec. 1-103. Approved driver education course. (a) Any | ||||||
8 | course of driver education approved by the State Board of | ||||||
9 | Education,
offered by public or private schools maintaining
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10 | grades 9 through 12, and meeting at least the minimum | ||||||
11 | requirements of
the "Driver Education Act", as now or | ||||||
12 | hereafter amended, (b) any
course of driver education offered | ||||||
13 | by a school licensed to give driver
education instructions | ||||||
14 | under this Act which meets at least the minimum
educational | ||||||
15 | requirements of the "Driver Education Act", as now or
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16 | hereafter amended, and is approved by the State Board of |
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1 | Education,
(c) any course of driver education
given in another | ||||||
2 | State
to an Illinois resident attending school in such State | ||||||
3 | and approved by
the State administrator of the Driver | ||||||
4 | Education Program of such other
State, or (d) any course of | ||||||
5 | driver education given at a Department of Defense Education | ||||||
6 | Activity school that is approved by the Department of Defense | ||||||
7 | Education Activity and taught by an adult driver education | ||||||
8 | instructor or traffic safety officer , or (e) any course of | ||||||
9 | driver education, including classroom instruction, provided | ||||||
10 | virtually via a live webcast taught by a licensed instructor | ||||||
11 | or via a prerecorded session taught by a licensed instructor | ||||||
12 | as regulated under Article IV of Chapter 6 .
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13 | (Source: P.A. 96-740, eff. 1-1-10.)
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14 | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
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15 | Sec. 6-401. Driver training schools-license required. | ||||||
16 | (a) No person, firm,
association, partnership or | ||||||
17 | corporation shall operate a
driver training school or engage | ||||||
18 | in the business of giving instruction for
hire or for a fee in | ||||||
19 | (1) the driving of motor vehicles; or (2) the preparation of
an | ||||||
20 | applicant for examination given by the Secretary of State for | ||||||
21 | a drivers
license or permit, unless a license therefor has | ||||||
22 | been issued by the
Secretary.
No public schools or educational | ||||||
23 | institutions shall contract with entities
engaged in the | ||||||
24 | business of giving instruction for hire or for a fee in the
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25 | driving
of motor vehicles for the preparation of an applicant |
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1 | for examination given
by the Secretary of State for a driver's | ||||||
2 | license or permit, unless a license
therefor has been issued | ||||||
3 | by the Secretary. A person, firm, association, partnership or | ||||||
4 | corporation licensed by the Secretary of State under this | ||||||
5 | Section may provide classroom instruction virtually via a live | ||||||
6 | webcast taught by a licensed instructor or via prerecorded | ||||||
7 | sessions taught by a licensed instructor.
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8 | This subsection (a) shall not apply to (i) public schools | ||||||
9 | or to educational
institutions in which driving instruction is | ||||||
10 | part of the curriculum, (ii)
employers giving instruction to | ||||||
11 | their employees, or (iii) schools that teach enhanced driving | ||||||
12 | skills to licensed drivers as set forth in Article X of Chapter | ||||||
13 | 6 of this Code.
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14 | (b) Any person, firm, association, partnership, or | ||||||
15 | corporation that violates subsection (a) of this Section shall | ||||||
16 | be guilty of a Class A misdemeanor for a first offense and a | ||||||
17 | Class 4 felony for a second or subsequent offense. | ||||||
18 | (Source: P.A. 100-409, eff. 8-25-17.)
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19 | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
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20 | Sec. 6-419. Rules and regulations. | ||||||
21 | (a) The Secretary is authorized to prescribe by rule | ||||||
22 | standards for the
eligibility, conduct and operation of driver | ||||||
23 | training schools, and
instructors and to adopt other | ||||||
24 | reasonable rules and regulations necessary
to carry out the | ||||||
25 | provisions of this Act. The Secretary may adopt rules |
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1 | exempting particular types of driver training schools from | ||||||
2 | specific statutory provisions in Sections 6-401 through 6-424, | ||||||
3 | where application of those provisions would be inconsistent | ||||||
4 | with the manner of instruction offered by those schools. The | ||||||
5 | Secretary, in consultation with the State Board of Education, | ||||||
6 | shall adopt course content standards for driver education for | ||||||
7 | those persons under the age of 18 years, which shall include | ||||||
8 | the operation and equipment of motor vehicles. After June 30, | ||||||
9 | 2017, the course content standards for driver education | ||||||
10 | provided by a driver training school to those persons under | ||||||
11 | the age of 18 years shall include instruction concerning law | ||||||
12 | enforcement procedures for traffic stops, including a | ||||||
13 | demonstration of the proper actions to be taken during a | ||||||
14 | traffic stop and appropriate interactions with law | ||||||
15 | enforcement. | ||||||
16 | (b) The Secretary shall permit a licensed commercial | ||||||
17 | driving training school to offer classroom instruction | ||||||
18 | virtually via a live webcast taught by a licensed instructor | ||||||
19 | or via prerecorded sessions taught by a licensed instructor as | ||||||
20 | regulated under this Article.
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21 | (Source: P.A. 99-720, eff. 1-1-17 .)".
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