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


Sen. Jennifer Bertino-Tarrant

Filed: 5/15/2014





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2    AMENDMENT NO. ______. Amend House Bill 4561 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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,



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



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



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1subsection (b-5). The information obtained from the
2investigation may be maintained by the Secretary of State or
3any agency to which the information was transmitted. Only
4information and standards which bear a reasonable and rational
5relation to the performance of providing adult driver education
6shall be used by the Secretary of State. Any employee of the
7Secretary of State who gives or causes to be given away any
8confidential information concerning any criminal convictions
9or disposition of criminal convictions of an applicant shall be
10guilty of a Class A misdemeanor unless release of the
11information is authorized by this Section.
12    (c) The Secretary may permit a course provider to offer the
13course online, if the Secretary is satisfied the course
14provider has established adequate procedures for verifying:
15        (1) the identity of the person taking the course
16    online; and
17        (2) the person completes the entire course.
18    (d) The Secretary shall establish a method of electronic
19verification of a student's successful completion of the
21    (e) The fee charged by the course provider must bear a
22reasonable relationship to the cost of the course. The
23Secretary shall post on the Secretary of State's website a list
24of approved course providers, the fees charged by the
25providers, and contact information for each provider.
26    (f) In addition to any other fee charged by the course



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1provider, the course provider shall collect a fee of $5 from
2each student to offset the costs incurred by the Secretary in
3administering this program. The $5 shall be submitted to the
4Secretary within 14 days of the day on which it was collected.
5All such fees received by the Secretary shall be deposited in
6the Secretary of State Driver Services Administration Fund.
7(Source: P.A. 98-167, eff. 7-1-14.)
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.".