Full Text of HB5793 99th General Assembly
HB5793ham001 99TH GENERAL ASSEMBLY | Rep. Jeanne M Ives Filed: 4/1/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5793
| 2 | | AMENDMENT NO. ______. Amend House Bill 5793 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 27-24.9 as follows: | 6 | | (105 ILCS 5/27-24.9) | 7 | | Sec. 27-24.9. Driver education standards. The State Board | 8 | | of Education, in consultation with the Secretary of State, | 9 | | shall adopt course content standards for driver education for | 10 | | those persons under the age of 18 years, which shall include | 11 | | the operation and equipment of motor vehicles , and information | 12 | | concerning the proper procedures following a vehicle stop by a | 13 | | law enforcement officer, including the driver's rights, the | 14 | | officer's rights, appropriate questioning, required | 15 | | documentation, and any other information the Secretary, in | 16 | | consultation with the Department of State Police, deems |
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| 1 | | necessary .
| 2 | | (Source: P.A. 97-1025, eff. 1-1-13.) | 3 | | Section 10. The Illinois Vehicle Code is amended by | 4 | | changing Sections 6-107.5 and 6-419 as follows: | 5 | | (625 ILCS 5/6-107.5) | 6 | | Sec. 6-107.5. Adult Driver Education Course. | 7 | | (a) The Secretary shall establish by rule the curriculum | 8 | | and designate the materials to be used in an adult driver | 9 | | education course. The course shall be at least 6 hours in | 10 | | length and shall include instruction on traffic laws; highway | 11 | | signs, signals, and markings that regulate, warn, or direct | 12 | | traffic; and issues commonly associated with motor vehicle | 13 | | accidents including poor decision-making, risk taking, | 14 | | impaired driving, distraction, speed, failure to use a safety | 15 | | belt, driving at night, failure to yield the right-of-way, | 16 | | texting while driving, using wireless communication devices, | 17 | | and alcohol and drug awareness. The course shall also include | 18 | | instruction on the proper procedures following a vehicle stop | 19 | | by a law enforcement officer, including the driver's rights, | 20 | | the officer's rights, appropriate questioning, required | 21 | | documentation, and any other information the Secretary, in | 22 | | consultation with the Department of State Police, deems | 23 | | necessary. The curriculum shall not require the operation of a | 24 | | motor vehicle. |
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| 1 | | (b) The Secretary shall certify course providers. The | 2 | | requirements to be a certified course provider, the process for | 3 | | applying for certification, and the procedure for decertifying | 4 | | a course provider shall be established by rule. | 5 | | (b-5) In order to qualify for certification as an adult | 6 | | driver education course provider, each applicant must | 7 | | authorize an investigation that includes a fingerprint-based | 8 | | background check to determine if the applicant has ever been | 9 | | convicted of a criminal offense and, if so, the disposition of | 10 | | any conviction. This authorization shall indicate the scope of | 11 | | the inquiry and the agencies that may be contacted. Upon | 12 | | receiving this authorization, the Secretary of State may | 13 | | request and receive information and assistance from any | 14 | | federal, State, or local governmental agency as part of the | 15 | | authorized investigation. Each applicant shall submit his or | 16 | | her fingerprints to the Department of State Police in the form | 17 | | and manner prescribed by the Department of State Police. These | 18 | | fingerprints shall be checked against fingerprint records now | 19 | | and hereafter filed in the Department of State Police and | 20 | | Federal Bureau of Investigation criminal history record | 21 | | databases. The Department of State Police shall charge | 22 | | applicants a fee for conducting the criminal history record | 23 | | check, which shall be deposited into the State Police Services | 24 | | Fund and shall not exceed the actual cost of the State and | 25 | | national criminal history record check. The Department of State | 26 | | Police shall furnish, pursuant to positive identification, |
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| 1 | | records of Illinois criminal convictions to the Secretary and | 2 | | shall forward the national criminal history record information | 3 | | to the Secretary. Applicants shall pay any other | 4 | | fingerprint-related fees. Unless otherwise prohibited by law, | 5 | | the information derived from the investigation, including the | 6 | | source of the information and any conclusions or | 7 | | recommendations derived from the information by the Secretary | 8 | | of State, shall be provided to the applicant upon request to | 9 | | the Secretary of State prior to any final action by the | 10 | | Secretary of State on the application. Any criminal conviction | 11 | | information obtained by the Secretary of State shall be | 12 | | confidential and may not be transmitted outside the Office of | 13 | | the Secretary of State, except as required by this subsection | 14 | | (b-5), and may not be transmitted to anyone within the Office | 15 | | of the Secretary of State except as needed for the purpose of | 16 | | evaluating the applicant. At any administrative hearing held | 17 | | under Section 2-118 of this Code relating to the denial, | 18 | | cancellation, suspension, or revocation of certification of an | 19 | | adult driver education course provider, the Secretary of State | 20 | | may utilize at that hearing any criminal history, criminal | 21 | | conviction, and disposition information obtained under this | 22 | | subsection (b-5). The information obtained from the | 23 | | investigation may be maintained by the Secretary of State or | 24 | | any agency to which the information was transmitted. Only | 25 | | information and standards which bear a reasonable and rational | 26 | | relation to the performance of providing adult driver education |
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| 1 | | shall be used by the Secretary of State. Any employee of the | 2 | | Secretary of State who gives or causes to be given away any | 3 | | confidential information concerning any criminal convictions | 4 | | or disposition of criminal convictions of an applicant shall be | 5 | | guilty of a Class A misdemeanor unless release of the | 6 | | information is authorized by this Section. | 7 | | (c) The Secretary may permit a course provider to offer the | 8 | | course online, if the Secretary is satisfied the course | 9 | | provider has established adequate procedures for verifying: | 10 | | (1) the identity of the person taking the course | 11 | | online; and | 12 | | (2) the person completes the entire course. | 13 | | (d) The Secretary shall establish a method of electronic | 14 | | verification of a student's successful completion of the | 15 | | course. | 16 | | (e) The fee charged by the course provider must bear a | 17 | | reasonable relationship to the cost of the course. The | 18 | | Secretary shall post on the Secretary of State's website a list | 19 | | of approved course providers, the fees charged by the | 20 | | providers, and contact information for each provider. | 21 | | (f) In addition to any other fee charged by the course | 22 | | provider, the course provider shall collect a fee of $5 from | 23 | | each student to offset the costs incurred by the Secretary in | 24 | | administering this program. The $5 shall be submitted to the | 25 | | Secretary within 14 days of the day on which it was collected. | 26 | | All such fees received by the Secretary shall be deposited in |
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| 1 | | the Secretary of State Driver Services Administration Fund.
| 2 | | (Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15 .)
| 3 | | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| 4 | | Sec. 6-419. Rules and Regulations. The Secretary is | 5 | | authorized to prescribe by rule standards for the
eligibility, | 6 | | conduct and operation of driver training schools, and
| 7 | | instructors and to adopt other reasonable rules and regulations | 8 | | necessary
to carry out the provisions of this Act. The | 9 | | Secretary may adopt rules exempting particular types of driver | 10 | | training schools from specific statutory provisions in | 11 | | Sections 6-401 through 6-424, where application of those | 12 | | provisions would be inconsistent with the manner of instruction | 13 | | offered by those schools. The Secretary, in consultation with | 14 | | the State Board of Education, shall adopt course content | 15 | | standards for driver education for those persons under the age | 16 | | of 18 years, which shall include the operation and equipment of | 17 | | motor vehicles , and information concerning the proper | 18 | | procedures following a vehicle stop by a law enforcement | 19 | | officer, including the driver's rights, the officer's rights, | 20 | | appropriate questioning, required documentation, and any other | 21 | | information the Secretary, in consultation with the Department | 22 | | of State Police, deems necessary .
| 23 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229, | 24 | | eff. 7-28-11; 97-1025, eff. 1-1-13.)".
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