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Sen. Jennifer Bertino-Tarrant
Filed: 5/6/2014
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1 | | AMENDMENT TO HOUSE BILL 4561
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2 | | AMENDMENT NO. ______. Amend House Bill 4561 as follows:
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3 | | on page 1, line 5, by replacing "Sections 6-107" with "Sections |
4 | | 6-107, 6-107.5,"; and
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5 | | on page 6, immediately below line 19, by inserting the |
6 | | following:
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7 | | "(625 ILCS 5/6-107.5) |
8 | | (This Section may contain text from a Public Act with a |
9 | | delayed effective date ) |
10 | | Sec. 6-107.5. Adult Driver Education Course. |
11 | | (a) The Secretary shall establish by rule the curriculum |
12 | | and designate the materials to be used in an adult driver |
13 | | education course. The course shall be at least 6 hours in |
14 | | length and shall include instruction on traffic laws; highway |
15 | | signs, signals, and markings that regulate, warn, or direct |
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1 | | traffic; and issues commonly associated with motor vehicle |
2 | | accidents including poor decision-making, risk taking, |
3 | | impaired driving, distraction, speed, failure to use a safety |
4 | | belt, driving at night, failure to yield the right-of-way, |
5 | | texting while driving, using wireless communication devices, |
6 | | and alcohol and drug awareness. The curriculum shall not |
7 | | require the operation of a motor vehicle. |
8 | | (b) The Secretary shall certify course providers. The |
9 | | requirements to be a certified course provider, the process for |
10 | | applying for certification, and the procedure for decertifying |
11 | | a course provider shall be established by rule. |
12 | | (b-5) In order to qualify for certification as an adult |
13 | | driver education course provider, each applicant must |
14 | | authorize an investigation that includes a fingerprint-based |
15 | | background check to determine if the applicant has ever been |
16 | | convicted of a criminal offense and, if so, the disposition of |
17 | | any conviction. This authorization shall indicate the scope of |
18 | | the inquiry and the agencies that may be contacted. Upon |
19 | | receiving this authorization, the Secretary of State may |
20 | | request and receive information and assistance from any |
21 | | federal, State, or local governmental agency as part of the |
22 | | authorized investigation. Each applicant shall submit his or |
23 | | her fingerprints to the Department of State Police in the form |
24 | | and manner prescribed by the Department of State Police. These |
25 | | fingerprints shall be checked against fingerprint records now |
26 | | and hereafter filed in the Department of State Police and |
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1 | | Federal Bureau of Investigation criminal history record |
2 | | databases. The Department of State Police shall charge |
3 | | applicants a fee for conducting the criminal history record |
4 | | check, which shall be deposited into the State Police Services |
5 | | Fund and shall not exceed the actual cost of the State and |
6 | | national criminal history record check. The Department of State |
7 | | Police shall furnish, pursuant to positive identification, |
8 | | records of Illinois criminal convictions and dispositions of |
9 | | Illinois criminal convictions to the Secretary and shall |
10 | | forward the national criminal history record information to the |
11 | | Secretary. Applicants shall pay any other fingerprint-related |
12 | | fees. Unless otherwise prohibited by law, the information |
13 | | derived from the investigation, including the source of the |
14 | | information and any conclusions or recommendations derived |
15 | | from the information by the Secretary of State, shall be |
16 | | provided to the applicant, or his or her designee, upon request |
17 | | to the Secretary of State prior to any final action by the |
18 | | Secretary of State on the application. Any criminal convictions |
19 | | and disposition information obtained by the Secretary of State |
20 | | shall be confidential and may not be transmitted outside the |
21 | | Office of the Secretary of State, except as required by this |
22 | | subsection (b-5), and may not be transmitted to anyone within |
23 | | the Office of the Secretary of State except as needed for the |
24 | | purpose of evaluating the applicant. At any administrative |
25 | | hearing held under Section 2-118 of this Code relating to the |
26 | | denial, cancellation, suspension, or revocation of |
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1 | | certification of an adult driver education course provider, the |
2 | | Secretary of State may utilize at that hearing any criminal |
3 | | history, criminal conviction, and disposition information |
4 | | obtained under this subsection (b-5). The information obtained |
5 | | from the investigation may be maintained by the Secretary of |
6 | | State or any agency to which the information was transmitted. |
7 | | Only information and standards which bear a reasonable and |
8 | | rational relation to the performance of providing adult driver |
9 | | education shall be used by the Secretary of State. Any employee |
10 | | of the Secretary of State who gives or causes to be given away |
11 | | any confidential information concerning any criminal |
12 | | convictions or disposition of criminal convictions of an |
13 | | applicant shall be guilty of a Class A misdemeanor unless |
14 | | release of the information is authorized by this Section. |
15 | | (c) The Secretary may permit a course provider to offer the |
16 | | course online, if the Secretary is satisfied the course |
17 | | provider has established adequate procedures for verifying: |
18 | | (1) the identity of the person taking the course |
19 | | online; and |
20 | | (2) the person completes the entire course. |
21 | | (d) The Secretary shall establish a method of electronic |
22 | | verification of a student's successful completion of the |
23 | | course. |
24 | | (e) The fee charged by the course provider must bear a |
25 | | reasonable relationship to the cost of the course. The |
26 | | Secretary shall post on the Secretary of State's website a list |
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1 | | of approved course providers, the fees charged by the |
2 | | providers, and contact information for each provider. |
3 | | (f) In addition to any other fee charged by the course |
4 | | provider, the course provider shall collect a fee of $5 from |
5 | | each student to offset the costs incurred by the Secretary in |
6 | | administering this program. The $5 shall be submitted to the |
7 | | Secretary within 14 days of the day on which it was collected. |
8 | | All such fees received by the Secretary shall be deposited in |
9 | | the Secretary of State Driver Services Administration Fund.
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10 | | (Source: P.A. 98-167, eff. 7-1-14.)"; and |
11 | | on page 10, immediately below line 16, by inserting the |
12 | | following: |
13 | | "Section 95. No acceleration or delay. Where this Act makes |
14 | | changes in a statute that is represented in this Act by text |
15 | | that is not yet or no longer in effect (for example, a Section |
16 | | represented by multiple versions), the use of that text does |
17 | | not accelerate or delay the taking effect of (i) the changes |
18 | | made by this Act or (ii) provisions derived from any other |
19 | | Public Act.".
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