Full Text of SB2135 97th General Assembly
SB2135sam001 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 3/9/2011
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| 1 | | AMENDMENT TO SENATE BILL 2135
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2135 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-411 as follows:
| 6 | | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| 7 | | Sec. 6-411. Qualifications of Driver Training Instructors. | 8 | | In order to
qualify for a license as an instructor for a | 9 | | driving school, an applicant must:
| 10 | | (a) Be of good moral character;
| 11 | | (b) Authorize an investigation to include a | 12 | | fingerprint based background
check to determine if the | 13 | | applicant has ever
been convicted of a crime and if so, the | 14 | | disposition of those convictions;
this authorization shall | 15 | | indicate the scope of the inquiry and the agencies
which | 16 | | may be contacted. Upon this authorization the Secretary of |
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| 1 | | State
may request and receive information and assistance | 2 | | from any federal, state
or local governmental agency as | 3 | | part of the authorized investigation.
Each applicant shall | 4 | | submit his or her fingerprints to
the Department
of State | 5 | | Police in the form and manner prescribed by the Department | 6 | | of State
Police. These fingerprints shall be checked | 7 | | against the fingerprint records now
and hereafter filed in | 8 | | the Department of State
Police and Federal Bureau of | 9 | | Investigation criminal history records
databases. The | 10 | | Department of State Police shall charge
a fee for | 11 | | conducting the criminal history records check, which shall | 12 | | be
deposited in the State Police Services Fund and shall | 13 | | not exceed the actual
cost of the records check. The | 14 | | applicant shall be required to pay all related
fingerprint | 15 | | fees including, but not limited to, the amounts established | 16 | | by the
Department of State Police and the Federal Bureau of | 17 | | Investigation to process
fingerprint based criminal | 18 | | background investigations.
The
Department of State Police | 19 | | shall provide information concerning any criminal
| 20 | | convictions, and their disposition, brought against the | 21 | | applicant upon request
of the Secretary of State when the | 22 | | request is made in the form and manner
required by the | 23 | | Department of State Police. Unless otherwise prohibited by
| 24 | | law, the information derived
from this investigation | 25 | | including the source of this information, and any
| 26 | | conclusions or recommendations derived from this |
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| 1 | | information by the Secretary
of State shall be provided to | 2 | | the applicant, or his designee, upon request
to the | 3 | | Secretary of State, prior to any final action by the
| 4 | | Secretary of State on the application. Any criminal
| 5 | | convictions and their disposition information obtained by | 6 | | the Secretary
of State shall be confidential and may not be | 7 | | transmitted outside the Office
of the Secretary of State, | 8 | | except as required herein, and may not be
transmitted to | 9 | | anyone within the Office of the Secretary of State except | 10 | | as
needed for
the purpose of evaluating the applicant. The | 11 | | information obtained from this
investigation may be | 12 | | maintained by the
Secretary of State or
any agency to which | 13 | | such information was
transmitted. Only information
and | 14 | | standards which bear a reasonable and rational relation to | 15 | | the performance
of a driver training instructor shall be | 16 | | used by the Secretary of State.
Any employee of the | 17 | | Secretary of State who gives or causes to be given away
any | 18 | | confidential information concerning any
criminal charges | 19 | | and their disposition of an applicant shall be guilty of
a | 20 | | Class A misdemeanor unless release of such information is | 21 | | authorized by this
Section;
| 22 | | (c) Pass such examination as the Secretary of State | 23 | | shall require on (1)
traffic laws, (2) safe driving | 24 | | practices, (3) operation of motor vehicles,
and (4) | 25 | | qualifications of teacher;
| 26 | | (d) Be physically able to operate safely a motor |
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| 1 | | vehicle and to train
others in the operation of motor | 2 | | vehicles. An instructors license application
must be | 3 | | accompanied by a medical examination report completed by a | 4 | | competent
physician licensed to practice in the State of | 5 | | Illinois;
| 6 | | (e) Hold a valid Illinois drivers license;
| 7 | | (f) Have graduated from an accredited high school after | 8 | | at least 4 years
of high school education or the | 9 | | equivalent; and
| 10 | | (g) Pay to the Secretary of State an application and | 11 | | license fee of $70 ; .
| 12 | | (h) If a driver training school class room instructor | 13 | | teaches an approved driver
education course, as defined in | 14 | | Section 1-103 of this Code, to students
under 18 years of | 15 | | age, the instructor must have completed 3 consecutive | 16 | | courses in driver task analysis, class room knowledge, and | 17 | | vehicle operational and instructional skills at an | 18 | | accredited university or college in this State; and | 19 | | (i) Whenever there is an agreement such as, but not | 20 | | limited to, a contractual relationship between a school | 21 | | district and a commercial or private driving school to | 22 | | outsource or contract out a course required by Section | 23 | | 27-24.2 of the School Code, the driver training instructor | 24 | | teaching the course must meet the requirements of Section | 25 | | 252.40 of Title 23 of the Illinois Administrative Code. | 26 | | The State agency responsible for overseeing each |
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| 1 | | commercial driving school shall make available verification | 2 | | that each instructor has met all instructor certification | 3 | | requirements. | 4 | | If a driver training school class room instructor teaches | 5 | | an approved driver
education course, as defined in Section | 6 | | 1-103 of this Code, to students
under 18 years of age, he or | 7 | | she shall furnish to
the Secretary of State a certificate | 8 | | issued by the State Board of Education
that the said instructor | 9 | | is qualified and meets the minimum educational
standards for | 10 | | teaching driver education courses in the local public or
| 11 | | parochial school systems, except that no State Board of | 12 | | Education certification
shall be required of any instructor who | 13 | | teaches exclusively in a
commercial driving school. On and | 14 | | after July 1, 1986, the existing
rules and regulations of the | 15 | | State
Board of Education concerning commercial driving schools | 16 | | shall continue to
remain in effect but shall be administered by | 17 | | the Secretary of State until
such time as the Secretary of | 18 | | State shall amend or repeal the rules in
accordance with the | 19 | | Illinois Administrative Procedure Act. Upon request,
the | 20 | | Secretary of State shall issue a certificate of completion to a | 21 | | student
under 18 years of age who has completed an approved | 22 | | driver education course
at a commercial driving school.
| 23 | | If on July 1, 2011, a driver training school class room | 24 | | instructor is teaching an approved driver
education course, as | 25 | | defined in Section 1-103 of this Code, to students
under 18 | 26 | | years of age, he or she will have 2 years from July 1, 2011 to |
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| 1 | | complete the courses required by paragraph (h) of this Section. | 2 | | A driver training school class room instructor who has not | 3 | | prior to July 1, 2011 taught an approved driver
education | 4 | | course, as defined in Section 1-103 of this Code, to students
| 5 | | under 18 years of age, or whose existing driver education | 6 | | course instructor certification has expired on or after July 1, | 7 | | 2011, shall complete the certification course requirements | 8 | | required by paragraph (h) of this Section prior to conducting | 9 | | an approved driver
education course in any licensed commercial | 10 | | driving school in this State. | 11 | | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; | 12 | | 96-962, eff. 7-2-10.)".
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