Illinois General Assembly - Full Text of HB4561
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Full Text of HB4561  98th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-107.5 as follows:
6    (625 ILCS 5/6-107.5)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 6-107.5. Adult Driver Education Course.
10    (a) The Secretary shall establish by rule the curriculum
11and designate the materials to be used in an adult driver
12education course. The course shall be at least 6 hours in
13length and shall include instruction on traffic laws; highway
14signs, signals, and markings that regulate, warn, or direct
15traffic; and issues commonly associated with motor vehicle
16accidents including poor decision-making, risk taking,
17impaired driving, distraction, speed, failure to use a safety
18belt, driving at night, failure to yield the right-of-way,
19texting while driving, using wireless communication devices,
20and alcohol and drug awareness. The curriculum shall not
21require the operation of a motor vehicle.
22    (b) The Secretary shall certify course providers. The
23requirements to be a certified course provider, the process for



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1applying for certification, and the procedure for decertifying
2a course provider shall be established by rule.
3    (b-5) In order to qualify for certification as an adult
4driver education course provider, each applicant must
5authorize an investigation that includes a fingerprint-based
6background check to determine if the applicant has ever been
7convicted of a criminal offense and, if so, the disposition of
8any conviction. This authorization shall indicate the scope of
9the inquiry and the agencies that may be contacted. Upon
10receiving this authorization, the Secretary of State may
11request and receive information and assistance from any
12federal, State, or local governmental agency as part of the
13authorized investigation. Each applicant shall submit his or
14her fingerprints to the Department of State Police in the form
15and manner prescribed by the Department of State Police. These
16fingerprints shall be checked against fingerprint records now
17and hereafter filed in the Department of State Police and
18Federal Bureau of Investigation criminal history record
19databases. The Department of State Police shall charge
20applicants a fee for conducting the criminal history record
21check, which shall be deposited into the State Police Services
22Fund and shall not exceed the actual cost of the State and
23national criminal history record check. The Department of State
24Police shall furnish, pursuant to positive identification,
25records of Illinois criminal convictions to the Secretary and
26shall forward the national criminal history record information



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1to the Secretary. Applicants shall pay any other
2fingerprint-related fees. Unless otherwise prohibited by law,
3the information derived from the investigation, including the
4source of the information and any conclusions or
5recommendations derived from the information by the Secretary
6of State, shall be provided to the applicant upon request to
7the Secretary of State prior to any final action by the
8Secretary of State on the application. Any criminal conviction
9information obtained by the Secretary of State shall be
10confidential and may not be transmitted outside the Office of
11the Secretary of State, except as required by this subsection
12(b-5), and may not be transmitted to anyone within the Office
13of the Secretary of State except as needed for the purpose of
14evaluating the applicant. At any administrative hearing held
15under Section 2-118 of this Code relating to the denial,
16cancellation, suspension, or revocation of certification of an
17adult driver education course provider, the Secretary of State
18may utilize at that hearing any criminal history, criminal
19conviction, and disposition information obtained under this
20subsection (b-5). The information obtained from the
21investigation may be maintained by the Secretary of State or
22any agency to which the information was transmitted. Only
23information and standards which bear a reasonable and rational
24relation to the performance of providing adult driver education
25shall be used by the Secretary of State. Any employee of the
26Secretary of State who gives or causes to be given away any



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1confidential information concerning any criminal convictions
2or disposition of criminal convictions of an applicant shall be
3guilty of a Class A misdemeanor unless release of the
4information is authorized by this Section.
5    (c) The Secretary may permit a course provider to offer the
6course online, if the Secretary is satisfied the course
7provider 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
12verification of a student's successful completion of the
14    (e) The fee charged by the course provider must bear a
15reasonable relationship to the cost of the course. The
16Secretary shall post on the Secretary of State's website a list
17of approved course providers, the fees charged by the
18providers, and contact information for each provider.
19    (f) In addition to any other fee charged by the course
20provider, the course provider shall collect a fee of $5 from
21each student to offset the costs incurred by the Secretary in
22administering this program. The $5 shall be submitted to the
23Secretary within 14 days of the day on which it was collected.
24All such fees received by the Secretary shall be deposited in
25the Secretary of State Driver Services Administration Fund.
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
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.