Full Text of HB4561 98th General Assembly
HB4561sam001 98TH GENERAL ASSEMBLY | Sen. Jennifer Bertino-Tarrant Filed: 5/6/2014
| | 09800HB4561sam001 | | LRB098 15243 MLW 59040 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4561
| 2 | | AMENDMENT NO. ______. Amend House Bill 4561 as follows:
| 3 | | on page 1, line 5, by replacing "Sections 6-107" with "Sections | 4 | | 6-107, 6-107.5,"; and
| 5 | | on page 6, immediately below line 19, by inserting the | 6 | | following:
| 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 |
| | | 09800HB4561sam001 | - 2 - | LRB098 15243 MLW 59040 a |
|
| 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 |
| | | 09800HB4561sam001 | - 3 - | LRB098 15243 MLW 59040 a |
|
| 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 |
| | | 09800HB4561sam001 | - 4 - | LRB098 15243 MLW 59040 a |
|
| 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 |
| | | 09800HB4561sam001 | - 5 - | LRB098 15243 MLW 59040 a |
|
| 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.
| 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.".
|
|