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


Sen. Jennifer Bertino-Tarrant

Filed: 5/6/2014





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2    AMENDMENT NO. ______. Amend House Bill 4561 as follows:
3on page 1, line 5, by replacing "Sections 6-107" with "Sections
46-107, 6-107.5,"; and
5on page 6, immediately below line 19, by inserting the
7    "(625 ILCS 5/6-107.5)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 6-107.5. Adult Driver Education Course.
11    (a) The Secretary shall establish by rule the curriculum
12and designate the materials to be used in an adult driver
13education course. The course shall be at least 6 hours in
14length and shall include instruction on traffic laws; highway
15signs, signals, and markings that regulate, warn, or direct



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1traffic; and issues commonly associated with motor vehicle
2accidents including poor decision-making, risk taking,
3impaired driving, distraction, speed, failure to use a safety
4belt, driving at night, failure to yield the right-of-way,
5texting while driving, using wireless communication devices,
6and alcohol and drug awareness. The curriculum shall not
7require the operation of a motor vehicle.
8    (b) The Secretary shall certify course providers. The
9requirements to be a certified course provider, the process for
10applying for certification, and the procedure for decertifying
11a course provider shall be established by rule.
12    (b-5) In order to qualify for certification as an adult
13driver education course provider, each applicant must
14authorize an investigation that includes a fingerprint-based
15background check to determine if the applicant has ever been
16convicted of a criminal offense and, if so, the disposition of
17any conviction. This authorization shall indicate the scope of
18the inquiry and the agencies that may be contacted. Upon
19receiving this authorization, the Secretary of State may
20request and receive information and assistance from any
21federal, State, or local governmental agency as part of the
22authorized investigation. Each applicant shall submit his or
23her fingerprints to the Department of State Police in the form
24and manner prescribed by the Department of State Police. These
25fingerprints shall be checked against fingerprint records now
26and hereafter filed in the Department of State Police and



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1Federal Bureau of Investigation criminal history record
2databases. The Department of State Police shall charge
3applicants a fee for conducting the criminal history record
4check, which shall be deposited into the State Police Services
5Fund and shall not exceed the actual cost of the State and
6national criminal history record check. The Department of State
7Police shall furnish, pursuant to positive identification,
8records of Illinois criminal convictions and dispositions of
9Illinois criminal convictions to the Secretary and shall
10forward the national criminal history record information to the
11Secretary. Applicants shall pay any other fingerprint-related
12fees. Unless otherwise prohibited by law, the information
13derived from the investigation, including the source of the
14information and any conclusions or recommendations derived
15from the information by the Secretary of State, shall be
16provided to the applicant, or his or her designee, upon request
17to the Secretary of State prior to any final action by the
18Secretary of State on the application. Any criminal convictions
19and disposition information obtained by the Secretary of State
20shall be confidential and may not be transmitted outside the
21Office of the Secretary of State, except as required by this
22subsection (b-5), and may not be transmitted to anyone within
23the Office of the Secretary of State except as needed for the
24purpose of evaluating the applicant. At any administrative
25hearing held under Section 2-118 of this Code relating to the
26denial, cancellation, suspension, or revocation of



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1certification of an adult driver education course provider, the
2Secretary of State may utilize at that hearing any criminal
3history, criminal conviction, and disposition information
4obtained under this subsection (b-5). The information obtained
5from the investigation may be maintained by the Secretary of
6State or any agency to which the information was transmitted.
7Only information and standards which bear a reasonable and
8rational relation to the performance of providing adult driver
9education shall be used by the Secretary of State. Any employee
10of the Secretary of State who gives or causes to be given away
11any confidential information concerning any criminal
12convictions or disposition of criminal convictions of an
13applicant shall be guilty of a Class A misdemeanor unless
14release of the information is authorized by this Section.
15    (c) The Secretary may permit a course provider to offer the
16course online, if the Secretary is satisfied the course
17provider 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
22verification of a student's successful completion of the
24    (e) The fee charged by the course provider must bear a
25reasonable relationship to the cost of the course. The
26Secretary shall post on the Secretary of State's website a list



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1of approved course providers, the fees charged by the
2providers, and contact information for each provider.
3    (f) In addition to any other fee charged by the course
4provider, the course provider shall collect a fee of $5 from
5each student to offset the costs incurred by the Secretary in
6administering this program. The $5 shall be submitted to the
7Secretary within 14 days of the day on which it was collected.
8All such fees received by the Secretary shall be deposited in
9the Secretary of State Driver Services Administration Fund.
10(Source: P.A. 98-167, eff. 7-1-14.)"; and
11on page 10, immediately below line 16, by inserting the
13    "Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.".