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