Sen. Kyle McCarter
Filed: 3/21/2012
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1 | AMENDMENT TO SENATE BILL 3022
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2 | AMENDMENT NO. ______. Amend Senate Bill 3022 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 2-3.11 as follows:
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6 | (105 ILCS 5/2-3.11) (from Ch. 122, par. 2-3.11)
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7 | Sec. 2-3.11. Report to Governor and General Assembly. To | ||||||
8 | report to the
Governor and General Assembly annually on or | ||||||
9 | before January 14 the
condition of the schools
of the State | ||||||
10 | using the most recently available data.
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11 | Such annual report shall contain reports of the State | ||||||
12 | Teacher
Certification Board; the schools of the State | ||||||
13 | charitable
institutions; reports on driver education, special | ||||||
14 | education ,
and transportation; and for such year the annual | ||||||
15 | statistical
reports of the State Board of Education, including | ||||||
16 | the number
and kinds of school districts; number of school |
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1 | attendance
centers; number of men and women teachers; | ||||||
2 | enrollment by
grades; total enrollment; total days attendance; | ||||||
3 | total days
absence; average daily attendance; number of | ||||||
4 | elementary and
secondary school graduates;
assessed valuation; | ||||||
5 | tax levies
and tax rates for various purposes; amount of | ||||||
6 | teachers' orders,
anticipation warrants, and bonds | ||||||
7 | outstanding; and number of men
and women teachers and total | ||||||
8 | enrollment of private schools.
The report shall give for all | ||||||
9 | school districts receipts from
all sources and expenditures for | ||||||
10 | all purposes for each fund;
the total operating expense,
the | ||||||
11 | per capita cost, and instructional expenditures; federal
and | ||||||
12 | state aids and reimbursements; new school buildings, and
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13 | recognized schools; together with such other information and
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14 | suggestions as the State Board of Education may deem important
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15 | in relation to the schools and school laws and the means of
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16 | promoting education throughout the state.
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17 | In this Section, "instructional expenditures" means the | ||||||
18 | annual expenditures of school districts properly attributable | ||||||
19 | to expenditure functions defined in rules of the State Board of | ||||||
20 | Education as:
1100 (Regular Education); 1200-1220 (Special | ||||||
21 | Education); 1250 (Ed. Deprived/Remedial); 1400 (Vocational | ||||||
22 | Programs); 1600 (Summer School); 1650 (Gifted); 1800 | ||||||
23 | (Bilingual Programs); 1900 (Truant Alternative); 2110 | ||||||
24 | (Attendance and Social Work Services); 2120 (Guidance | ||||||
25 | Services); 2130 (Health Services); 2140 (Psychological | ||||||
26 | Services); 2150 (Speech Pathology and Audiology Services); |
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1 | 2190 (Other Support Services Pupils); 2210 (Improvement of | ||||||
2 | Instruction); 2220 (Educational Media Services); 2230 | ||||||
3 | (Assessment and Testing); 2540 (Operation and Maintenance of | ||||||
4 | Plant Services); 2550 (Pupil Transportation Service); 2560 | ||||||
5 | (Food Service); 4110 (Payments for Regular Programs); 4120 | ||||||
6 | (Payments for Special Education Programs); 4130 (Payments for | ||||||
7 | Adult Education Programs); 4140 (Payments for Vocational | ||||||
8 | Education Programs); 4170 (Payments for Community College | ||||||
9 | Programs); 4190 (Other payments to in-state government units); | ||||||
10 | and 4200 (Other payments to out of state government units).
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11 | (Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
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12 | Section 10. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 1-103 and 6-103 as follows:
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14 | (625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
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15 | Sec. 1-103. Approved driver education course. (a) Any | ||||||
16 | course of driver education approved by the State Board of | ||||||
17 | Education,
offered by public or private schools maintaining
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18 | grades 9 through 12, and meeting at least the minimum | ||||||
19 | requirements of
the "Driver Education Act", as now or hereafter | ||||||
20 | amended, (b) any
course of driver education offered by a school | ||||||
21 | licensed to give driver
education instructions under this Code | ||||||
22 | that Act which meets at least the minimum
educational | ||||||
23 | requirements of the "Driver Education Act", as now or
hereafter | ||||||
24 | amended, and is approved by the State Board of Education,
(c) |
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1 | any course of driver education
given in another state State
to | ||||||
2 | an Illinois resident attending school in such state State and | ||||||
3 | approved by
the state State administrator of the Driver | ||||||
4 | Education Program of such other state
State , or (d) any course | ||||||
5 | of 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.
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9 | (Source: P.A. 96-740, eff. 1-1-10.)
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10 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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11 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
12 | or granted
permits. The Secretary of State shall not issue, | ||||||
13 | renew, or
allow the retention of any driver's
license nor issue | ||||||
14 | any permit under this Code:
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15 | 1. To any person, as a driver, who is under the age of | ||||||
16 | 18 years except
as provided in Section 6-107, and except | ||||||
17 | that an instruction permit may be
issued under Section | ||||||
18 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
19 | the child is enrolled in an approved
driver education | ||||||
20 | course as defined in Section 1-103 of this Code and
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21 | requires an instruction permit to participate therein, | ||||||
22 | except that an
instruction permit may be issued under the | ||||||
23 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
24 | and 3 months of age without the child having
enrolled in an
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25 | approved driver education course and except that an
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1 | instruction permit may be issued to a child who is at least | ||||||
2 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
3 | the educational requirements of
the Driver Education Act, | ||||||
4 | and has passed examinations the Secretary of State in
his | ||||||
5 | or her discretion may prescribe;
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6 | 2. To any person who is under the age of 18 as an | ||||||
7 | operator of a motorcycle
other than a motor driven cycle | ||||||
8 | unless the person has, in addition to
meeting the | ||||||
9 | provisions of Section 6-107 of this Code, successfully
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10 | completed a motorcycle
training course approved by the | ||||||
11 | Illinois Department of Transportation and
successfully | ||||||
12 | completes the required Secretary of State's motorcycle | ||||||
13 | driver's
examination;
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14 | 3. To any person, as a driver, whose driver's license | ||||||
15 | or permit has been
suspended, during the suspension, nor to | ||||||
16 | any person whose driver's license or
permit has been | ||||||
17 | revoked, except as provided in Sections 6-205, 6-206, and
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18 | 6-208;
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19 | 4. To any person, as a driver, who is a user of alcohol | ||||||
20 | or any other
drug to a degree that renders the person | ||||||
21 | incapable of safely driving a motor
vehicle;
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22 | 5. To any person, as a driver, who has previously been | ||||||
23 | adjudged to be
afflicted with or suffering from any mental | ||||||
24 | or physical disability or disease
and who has not at the | ||||||
25 | time of application been restored to competency by the
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26 | methods provided by law;
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1 | 6. To any person, as a driver, who is required by the | ||||||
2 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
3 | or take an examination provided
for in this Code unless the | ||||||
4 | person has
successfully passed the examination and | ||||||
5 | submitted any required evaluation;
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6 | 7. To any person who is required under the provisions | ||||||
7 | of the laws of
this State to deposit security or proof of | ||||||
8 | financial responsibility and who
has not deposited the | ||||||
9 | security or proof;
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10 | 8. To any person when the Secretary of State has good | ||||||
11 | cause to believe
that the person by reason of physical or | ||||||
12 | mental disability would not be
able to safely operate a | ||||||
13 | motor vehicle upon the highways, unless the
person shall | ||||||
14 | furnish to the Secretary of State a verified written
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15 | statement, acceptable to the Secretary of State, from a | ||||||
16 | competent medical
specialist, a licensed physician | ||||||
17 | assistant who has been delegated the performance of medical | ||||||
18 | examinations by his or her supervising physician, or a | ||||||
19 | licensed advanced practice nurse who has a written | ||||||
20 | collaborative agreement with a collaborating physician | ||||||
21 | which authorizes him or her to perform medical | ||||||
22 | examinations, to the effect that the operation of a motor | ||||||
23 | vehicle by the
person would not be inimical to the public | ||||||
24 | safety;
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25 | 9. To any person, as a driver, who is 69 years of age | ||||||
26 | or older, unless
the person has successfully complied with |
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1 | the provisions of Section 6-109;
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2 | 10. To any person convicted, within 12 months of | ||||||
3 | application for a
license, of any of the sexual offenses | ||||||
4 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
5 | 6-205;
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6 | 11. To any person who is under the age of 21 years with | ||||||
7 | a classification
prohibited in paragraph (b) of Section | ||||||
8 | 6-104 and to any person who is under
the age of 18 years | ||||||
9 | with a classification prohibited in paragraph (c) of
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10 | Section 6-104;
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11 | 12. To any person who has been either convicted of or | ||||||
12 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
13 | a violation of the Cannabis Control
Act, the Illinois | ||||||
14 | Controlled Substances Act, or the Methamphetamine Control | ||||||
15 | and Community Protection Act while that person was in | ||||||
16 | actual
physical control of a motor vehicle. For purposes of | ||||||
17 | this Section, any person
placed on probation under Section | ||||||
18 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
19 | Controlled Substances Act, or Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act shall | ||||||
21 | not be considered convicted.
Any person found guilty of | ||||||
22 | this offense, while in actual physical control of a
motor | ||||||
23 | vehicle, shall have an entry made in the court record by | ||||||
24 | the judge that
this offense did occur while the person was | ||||||
25 | in actual physical control of a
motor vehicle and order the | ||||||
26 | clerk of the court to report the violation to the
Secretary |
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1 | of State as such. The Secretary of State shall not issue a | ||||||
2 | new
license or permit for a period of one year;
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3 | 13. To any person who is under the age of 18 years and | ||||||
4 | who has committed
the offense
of operating a motor vehicle | ||||||
5 | without a valid license or permit in violation of
Section | ||||||
6 | 6-101 or a similar out of state offense;
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7 | 14. To any person who is
90 days or more
delinquent in | ||||||
8 | court ordered child support
payments or has been | ||||||
9 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
10 | obligation or more
and who has been found in contempt
of
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11 | court for failure to pay the support, subject to the | ||||||
12 | requirements and
procedures of Article VII of Chapter 7 of
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13 | the Illinois Vehicle Code;
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14 | 14.5. To any person certified by the Illinois | ||||||
15 | Department of Healthcare and Family Services as being 90 | ||||||
16 | days or more delinquent in payment of support under an | ||||||
17 | order of support entered by a court or administrative body | ||||||
18 | of this or any other State, subject to the requirements and | ||||||
19 | procedures of Article VII of Chapter 7 of this Code | ||||||
20 | regarding those certifications;
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21 | 15. To any person released from a term of imprisonment | ||||||
22 | for violating
Section 9-3 of the Criminal Code of 1961 or a | ||||||
23 | similar provision of a law of another state relating to | ||||||
24 | reckless homicide or for violating subparagraph (F) of | ||||||
25 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
26 | Code relating to aggravated driving under the influence of |
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1 | alcohol, other drug or drugs, intoxicating compound or | ||||||
2 | compounds, or any combination thereof, if the violation was | ||||||
3 | the proximate cause of a death, within
24 months of release | ||||||
4 | from a term of imprisonment;
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5 | 16. To any person who, with intent to influence any act | ||||||
6 | related to the issuance of any driver's license or permit, | ||||||
7 | by an employee of the Secretary of State's Office, or the | ||||||
8 | owner or employee of any commercial driver training school | ||||||
9 | licensed by the Secretary of State, or any other individual | ||||||
10 | authorized by the laws of this State to give driving | ||||||
11 | instructions or administer all or part of a driver's | ||||||
12 | license examination, promises or tenders to that person any | ||||||
13 | property or personal advantage which that person is not | ||||||
14 | authorized by law to accept. Any persons promising or | ||||||
15 | tendering such property or personal advantage shall be | ||||||
16 | disqualified from holding any class of driver's license or | ||||||
17 | permit for 120 consecutive days. The Secretary of State | ||||||
18 | shall establish by rule the procedures for implementing | ||||||
19 | this period of disqualification and the procedures by which | ||||||
20 | persons so disqualified may obtain administrative review | ||||||
21 | of the decision to disqualify;
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22 | 17. To any person for whom the Secretary of State | ||||||
23 | cannot verify the
accuracy of any information or | ||||||
24 | documentation submitted in application for a
driver's | ||||||
25 | license; or
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26 | 18. To any person who has been adjudicated under the |
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1 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
2 | determined by the court to have been committed in | ||||||
3 | furtherance of the criminal activities of an organized | ||||||
4 | gang, as provided in Section 5-710 of that Act, and that | ||||||
5 | involved the operation or use of a motor vehicle or the use | ||||||
6 | of a driver's license or permit. The person shall be denied | ||||||
7 | a license or permit for the period determined by the court.
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8 | The Secretary of State shall retain all conviction
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9 | information, if the information is required to be held | ||||||
10 | confidential under
the Juvenile Court Act of 1987. | ||||||
11 | (Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; | ||||||
12 | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. | ||||||
13 | 7-22-11.)
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14 | (105 ILCS 5/27-24 rep.)
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15 | (105 ILCS 5/27-24.1 rep.)
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16 | (105 ILCS 5/27-24.2 rep.)
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17 | (105 ILCS 5/27-24.3 rep.)
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18 | (105 ILCS 5/27-24.4 rep.)
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19 | (105 ILCS 5/27-24.5 rep.)
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20 | (105 ILCS 5/27-24.6 rep.)
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21 | (105 ILCS 5/27-24.7 rep.)
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22 | (105 ILCS 5/27-24.8 rep.)
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23 | Section 15. The School Code is amended by repealing | ||||||
24 | Sections 27-24, 27-24.1, 27-24.2, 27-24.3, 27-24.4, 27-24.5, | ||||||
25 | 27-24.6, 27-24.7, and 27-24.8.".
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