Full Text of SB2135 97th General Assembly
SB2135sam002 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 3/30/2011
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| 1 | | AMENDMENT TO SENATE BILL 2135
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Section 6-411 as follows:
| 7 | | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| 8 | | Sec. 6-411. Qualifications of Driver Training Instructors. | 9 | | (1) In order to
qualify for a license as an instructor for | 10 | | a driving school, an applicant must:
| 11 | | (a) Be of good moral character;
| 12 | | (b) Authorize an investigation to include a | 13 | | fingerprint based background
check to determine if the | 14 | | applicant has ever
been convicted of a crime and if so, the | 15 | | disposition of those convictions;
this authorization shall | 16 | | indicate the scope of the inquiry and the agencies
which |
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| 1 | | may be contacted. Upon this authorization the Secretary of | 2 | | State
may request and receive information and assistance | 3 | | from any federal, state
or local governmental agency as | 4 | | part of the authorized investigation.
Each applicant shall | 5 | | submit his or her fingerprints to
the Department
of State | 6 | | Police in the form and manner prescribed by the Department | 7 | | of State
Police. These fingerprints shall be checked | 8 | | against the fingerprint records now
and hereafter filed in | 9 | | the Department of State
Police and Federal Bureau of | 10 | | Investigation criminal history records
databases. The | 11 | | Department of State Police shall charge
a fee for | 12 | | conducting the criminal history records check, which shall | 13 | | be
deposited in the State Police Services Fund and shall | 14 | | not exceed the actual
cost of the records check. The | 15 | | applicant shall be required to pay all related
fingerprint | 16 | | fees including, but not limited to, the amounts established | 17 | | by the
Department of State Police and the Federal Bureau of | 18 | | Investigation to process
fingerprint based criminal | 19 | | background investigations.
The
Department of State Police | 20 | | shall provide information concerning any criminal
| 21 | | convictions, and their disposition, brought against the | 22 | | applicant upon request
of the Secretary of State when the | 23 | | request is made in the form and manner
required by the | 24 | | Department of State Police. Unless otherwise prohibited by
| 25 | | law, the information derived
from this investigation | 26 | | including the source of this information, and any
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| 1 | | conclusions or recommendations derived from this | 2 | | information by the Secretary
of State shall be provided to | 3 | | the applicant, or his designee, upon request
to the | 4 | | Secretary of State, prior to any final action by the
| 5 | | Secretary of State on the application. Any criminal
| 6 | | convictions and their disposition information obtained by | 7 | | the Secretary
of State shall be confidential and may not be | 8 | | transmitted outside the Office
of the Secretary of State, | 9 | | except as required herein, and may not be
transmitted to | 10 | | anyone within the Office of the Secretary of State except | 11 | | as
needed for
the purpose of evaluating the applicant. The | 12 | | information obtained from this
investigation may be | 13 | | maintained by the
Secretary of State or
any agency to which | 14 | | such information was
transmitted. Only information
and | 15 | | standards which bear a reasonable and rational relation to | 16 | | the performance
of a driver training instructor shall be | 17 | | used by the Secretary of State.
Any employee of the | 18 | | Secretary of State who gives or causes to be given away
any | 19 | | confidential information concerning any
criminal charges | 20 | | and their disposition of an applicant shall be guilty of
a | 21 | | Class A misdemeanor unless release of such information is | 22 | | authorized by this
Section;
| 23 | | (c) (Blank); Pass such examination as the Secretary of | 24 | | State shall require on (1)
traffic laws, (2) safe driving | 25 | | practices, (3) operation of motor vehicles,
and (4) | 26 | | qualifications of teacher;
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| 1 | | (d) Be physically able to operate safely a motor | 2 | | vehicle and to train
others in the operation of motor | 3 | | vehicles. An instructors license application
must be | 4 | | accompanied by a medical examination report completed by a | 5 | | competent
physician licensed to practice in the State of | 6 | | Illinois;
| 7 | | (e) Be at least 21 years of age, hold Hold a valid | 8 | | Illinois drivers license , and have at least 5 years of | 9 | | driving experience as a licensed operator ;
| 10 | | (f) Have graduated from an accredited high school after | 11 | | at least 4 years
of high school education or the | 12 | | equivalent; and
| 13 | | (g) Pay to the Secretary of State an application and | 14 | | license fee of $70.
| 15 | | (2) If a driver training school class room instructor or | 16 | | behind-the-wheel instructor teaches an approved driver
| 17 | | education course, as defined in Section 1-103 of this Code, to | 18 | | students
under 18 years of age, the instructor must meet the | 19 | | following requirements in addition to the requirements | 20 | | contained in subsection (1) of this Section: | 21 | | (a) the instructor must have completed 3 consecutive | 22 | | courses in driver task analysis, class room knowledge, and | 23 | | vehicle operational and instructional skills at a State of | 24 | | Illinois accredited university or college. The courses | 25 | | shall include no less than 8 hours of classroom observation | 26 | | and 12 hours of driving observation of a qualified |
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| 1 | | State-licensed or Illinois State Board of Education | 2 | | certified and endorsed driving instructor; | 3 | | (b) the instructor must have passed a standardized | 4 | | Illinois minimal competency instructor exam on how to teach | 5 | | driver education as administered by an accredited State | 6 | | university or college; | 7 | | (c) the instructor must first have taught adults over | 8 | | 18 years of age the driving portion of the course for 8 | 9 | | months; | 10 | | (d) the instructor must qualify for re-certification | 11 | | every 2 years through participation in 15 hours of | 12 | | continuing education to improve driver education teaching | 13 | | competency. The professional development training may be | 14 | | obtained through a State agency, college, or university or | 15 | | professional education organization. Professional | 16 | | development hours shall be accepted for the purpose of | 17 | | enhancing instructional knowledge and skills in support of | 18 | | teaching driver education best practices. The instructor | 19 | | must maintain a professional development file that | 20 | | includes the agenda, objectives, time schedule, and all | 21 | | completion certificates for the continuing education, | 22 | | which must be submitted to the Secretary of State for | 23 | | approval, collection, and storage; | 24 | | (e) the instructor must submit to a teaching | 25 | | observation and evaluation by a State official every 2 | 26 | | years. |
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| 1 | | (f) the instructor may only use a vehicle to instruct | 2 | | students under 18 years of age that exhibits an Illinois | 3 | | safety sticker showing that the vehicle has passed | 4 | | inspection at a State-approved safety lane; and | 5 | | (g) the instructor must use the Illinois version of the | 6 | | National Driver Education Standards curriculum. The | 7 | | curriculum must be endorsed by the Illinois State Board of | 8 | | Education for both public and commercial driving schools. A | 9 | | driver training school class room instructor or | 10 | | behind-the-wheel instructor under this subsection (g) | 11 | | shall require students under 18 years of age to obtain at | 12 | | least 12 hours of in-car driving observation of another | 13 | | student that is under the direct supervision of an | 14 | | instructor meeting the qualifications contained in this | 15 | | Section. The curriculum required under this subsection (g) | 16 | | shall include but is not limited to the following: | 17 | | (i) elements of distracted driving, including text | 18 | | messaging and cell phone use; | 19 | | (ii) highway construction and maintenance zones; | 20 | | (iii) railroad crossing safety; | 21 | | (iv) alcohol and drug use prevention awareness; | 22 | | (v) organ donation education; | 23 | | (vi) a unit on driving laws that pertain primarily | 24 | | to teen drivers, including graduated driver's license | 25 | | requirements, curfew laws, and zero tolerance; | 26 | | (vii) an educationally sound, widely accepted |
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| 1 | | driver education textbook that will be provided for | 2 | | purchase or loan, to be kept by each student throughout | 3 | | the duration of the course for use at both home and | 4 | | school; | 5 | | (viii) professional speakers discussing traffic | 6 | | safety and other related topics; | 7 | | (viii) use of an educationally sound, widely | 8 | | accepted driver education instructor's textbook; and | 9 | | (ix) a State-approved standardized final exam to | 10 | | insure minimal student competencies in both the | 11 | | classroom and driving portions of the course. | 12 | | (3) If a driver training school class room instructor or | 13 | | behind-the-wheel instructor teaches an approved driver
| 14 | | education course, as defined in Section 1-103 of this Code, to | 15 | | students
under 18 years of age, the instructor shall be subject | 16 | | to oversight by the Secretary of State. The collection and | 17 | | storage of all personnel teaching credentials, including | 18 | | background and fingerprint checks of all employees, instructor | 19 | | teaching certificates or licenses, endorsements or other | 20 | | credentials, instructor driving records, and other pertinent | 21 | | commercial driving school licensing requirements will be | 22 | | required of the Secretary of State. An instructor under this | 23 | | subsection (3) shall be subject to an audit every 2 years by an | 24 | | unannounced visit from the Secretary of State. Collection and | 25 | | storage of requirements for approved driver education courses | 26 | | as defined by Section 1-103 of this Code shall be the |
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| 1 | | responsibility of the Secretary of State. | 2 | | (4) Whenever there is an agreement such as, but not limited | 3 | | to, a contractual relationship between a school district and a | 4 | | commercial or private driving school to outsource or contract | 5 | | out a course required by Section 27-24.2 of the School Code, | 6 | | the driver training instructor teaching the course must meet | 7 | | the requirements of Section 252.40 of Title 23 of the Illinois | 8 | | Administrative Code. | 9 | | (5) If on July 1, 2011, a driver training school class room | 10 | | instructor or behind-the-wheel instructor is teaching an | 11 | | approved driver
education course, as defined in Section 1-103 | 12 | | of this Code, to students
under 18 years of age, he or she will | 13 | | have 2 years from July 1, 2011 to complete the courses required | 14 | | by paragraph (a) of subsection (3) of this Section. A driver | 15 | | training school class room instructor or behind-the-wheel | 16 | | instructor who has not prior to July 1, 2011 taught an approved | 17 | | driver
education course, as defined in Section 1-103 of this | 18 | | Code, to students
under 18 years of age, or whose existing | 19 | | driver education course instructor certification has expired | 20 | | on or after July 1, 2011, shall complete the certification | 21 | | course requirements required by paragraph (a) of subsection (3) | 22 | | of this Section prior to conducting an approved driver
| 23 | | education course in any licensed commercial driving school in | 24 | | this State. | 25 | | (6) If a driver training school class room instructor or | 26 | | behind-the-wheel instructor teaches an approved driver
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| 1 | | education course, as defined in Section 1-103 of this Code, to | 2 | | students
under 18 years of age, he or she shall furnish to
the | 3 | | Secretary of State a certificate issued by the State Board of | 4 | | Education
that the said instructor is qualified and meets the | 5 | | minimum educational
standards for teaching driver education | 6 | | courses in the local public or
parochial school systems, except | 7 | | that no State Board of Education certification
shall be | 8 | | required of any instructor who teaches exclusively in a
| 9 | | commercial driving school unless that same commercial driving | 10 | | school is in a contractual relationship with a public school | 11 | | for the purpose of teaching an approved driver education course | 12 | | as defined by Section 1-103 of this Code . On and after July 1, | 13 | | 2011 July 1, 1986 , the existing
rules and regulations of the | 14 | | State
Board of Education concerning commercial driving schools | 15 | | shall continue to
remain in effect and but shall be | 16 | | administered by the Secretary of State until
such time as the | 17 | | Secretary of State shall amend or repeal the rules in
| 18 | | accordance with the Illinois Administrative Procedure Act. | 19 | | Upon request,
the Secretary of State shall issue a certificate | 20 | | of completion to a student
under 18 years of age who has | 21 | | completed an approved driver education course
at a commercial | 22 | | driving school.
| 23 | | (7) The State agency responsible for overseeing each | 24 | | commercial driving school shall make available verification | 25 | | that each instructor has met all instructor certification | 26 | | requirements. |
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; | 2 | | 96-962, eff. 7-2-10.)
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2011.".
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