SB2135sam002 97TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 3/30/2011

09700SB2135sam002 LRB097 05805 HEP 53638 a

AMENDMENT TO SENATE BILL 2135

AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 6-411 as follows:

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

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

(1) In order to qualify for a license as an instructor for a driving school, an applicant must:

(a) Be of good moral character;

(b) Authorize an investigation to include a fingerprint based background check to determine if the applicant has ever been convicted of a crime and if so, the disposition of those convictions; this authorization shall indicate the scope of the inquiry and the agencies which may be contacted. Upon 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 the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The applicant shall be required to pay all related fingerprint fees including, but not limited to, the amounts established by the Department of State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations. The Department of State Police shall provide information concerning any criminal convictions, and their disposition, brought against the applicant upon request of the Secretary of State when the request is made in the form and manner required by the Department of State Police. Unless otherwise prohibited by law, the information derived from this investigation including the source of this information, and any conclusions or recommendations derived from this information by the Secretary of State shall be provided to the applicant, or his designee, upon request to the Secretary of State, prior to any final action by the Secretary of State on the application. Any criminal convictions and their disposition 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 herein, 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. The information obtained from this investigation may be maintained by the Secretary of State or any agency to which such information was transmitted. Only information and standards which bear a reasonable and rational relation to the performance of a driver training instructor shall be used by the Secretary of State. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal charges and their disposition of an applicant shall be guilty of a Class A misdemeanor unless release of such information is authorized by this Section;

(c) (Blank); Pass such examination as the Secretary of State shall require on (1) traffic laws, (2) safe driving practices, (3) operation of motor vehicles, and (4) qualifications of teacher;

(d) Be physically able to operate safely a motor vehicle and to train others in the operation of motor vehicles. An instructors license application must be accompanied by a medical examination report completed by a competent physician licensed to practice in the State of Illinois;

(e) Be at least 21 years of age, hold Hold a valid Illinois drivers license, and have at least 5 years of driving experience as a licensed operator;

(f) Have graduated from an accredited high school after at least 4 years of high school education or the equivalent; and

(g) Pay to the Secretary of State an application and license fee of $70.

(2) If a driver training school class room instructor or behind-the-wheel instructor teaches an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, the instructor must meet the following requirements in addition to the requirements contained in subsection (1) of this Section:

(a) the instructor must have completed 3 consecutive courses in driver task analysis, class room knowledge, and vehicle operational and instructional skills at a State of Illinois accredited university or college. The courses shall include no less than 8 hours of classroom observation and 12 hours of driving observation of a qualified State-licensed or Illinois State Board of Education certified and endorsed driving instructor;

(b) the instructor must have passed a standardized Illinois minimal competency instructor exam on how to teach driver education as administered by an accredited State university or college;

(c) the instructor must first have taught adults over 18 years of age the driving portion of the course for 8 months;

(d) the instructor must qualify for re-certification every 2 years through participation in 15 hours of continuing education to improve driver education teaching competency. The professional development training may be obtained through a State agency, college, or university or professional education organization. Professional development hours shall be accepted for the purpose of enhancing instructional knowledge and skills in support of teaching driver education best practices. The instructor must maintain a professional development file that includes the agenda, objectives, time schedule, and all completion certificates for the continuing education, which must be submitted to the Secretary of State for approval, collection, and storage;

(e) the instructor must submit to a teaching observation and evaluation by a State official every 2 years.

(f) the instructor may only use a vehicle to instruct students under 18 years of age that exhibits an Illinois safety sticker showing that the vehicle has passed inspection at a State-approved safety lane; and

(g) the instructor must use the Illinois version of the National Driver Education Standards curriculum. The curriculum must be endorsed by the Illinois State Board of Education for both public and commercial driving schools. A driver training school class room instructor or behind-the-wheel instructor under this subsection (g) shall require students under 18 years of age to obtain at least 12 hours of in-car driving observation of another student that is under the direct supervision of an instructor meeting the qualifications contained in this Section. The curriculum required under this subsection (g) shall include but is not limited to the following:

(i) elements of distracted driving, including text messaging and cell phone use;

(ii) highway construction and maintenance zones;

(iii) railroad crossing safety;

(iv) alcohol and drug use prevention awareness;

(v) organ donation education;

(vi) a unit on driving laws that pertain primarily to teen drivers, including graduated driver's license requirements, curfew laws, and zero tolerance;

(vii) an educationally sound, widely accepted driver education textbook that will be provided for purchase or loan, to be kept by each student throughout the duration of the course for use at both home and school;

(viii) professional speakers discussing traffic safety and other related topics;

(viii) use of an educationally sound, widely accepted driver education instructor's textbook; and

(ix) a State-approved standardized final exam to insure minimal student competencies in both the classroom and driving portions of the course.

(3) If a driver training school class room instructor or behind-the-wheel instructor teaches an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, the instructor shall be subject to oversight by the Secretary of State. The collection and storage of all personnel teaching credentials, including background and fingerprint checks of all employees, instructor teaching certificates or licenses, endorsements or other credentials, instructor driving records, and other pertinent commercial driving school licensing requirements will be required of the Secretary of State. An instructor under this subsection (3) shall be subject to an audit every 2 years by an unannounced visit from the Secretary of State. Collection and storage of requirements for approved driver education courses as defined by Section 1-103 of this Code shall be the responsibility of the Secretary of State.

(4) Whenever there is an agreement such as, but not limited to, a contractual relationship between a school district and a commercial or private driving school to outsource or contract out a course required by Section 27-24.2 of the School Code, the driver training instructor teaching the course must meet the requirements of Section 252.40 of Title 23 of the Illinois Administrative Code.

(5) If on July 1, 2011, a driver training school class room instructor or behind-the-wheel instructor is teaching an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, he or she will have 2 years from July 1, 2011 to complete the courses required by paragraph (a) of subsection (3) of this Section. A driver training school class room instructor or behind-the-wheel instructor who has not prior to July 1, 2011 taught an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, or whose existing driver education course instructor certification has expired on or after July 1, 2011, shall complete the certification course requirements required by paragraph (a) of subsection (3) of this Section prior to conducting an approved driver education course in any licensed commercial driving school in this State.

(6) If a driver training school class room instructor or behind-the-wheel instructor teaches an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, he or she shall furnish to the Secretary of State a certificate issued by the State Board of Education that the said instructor is qualified and meets the minimum educational standards for teaching driver education courses in the local public or parochial school systems, except that no State Board of Education certification shall be required of any instructor who teaches exclusively in a commercial driving school unless that same commercial driving school is in a contractual relationship with a public school for the purpose of teaching an approved driver education course as defined by Section 1-103 of this Code. On and after July 1, 2011 July 1, 1986, the existing rules and regulations of the State Board of Education concerning commercial driving schools shall continue to remain in effect and but shall be administered by the Secretary of State until such time as the Secretary of State shall amend or repeal the rules in accordance with the Illinois Administrative Procedure Act. Upon request, the Secretary of State shall issue a certificate of completion to a student under 18 years of age who has completed an approved driver education course at a commercial driving school.

(7) The State agency responsible for overseeing each commercial driving school shall make available verification that each instructor has met all instructor certification requirements.

(Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)

Section 99. Effective date. This Act takes effect July 1, 2011.".