Full Text of HB3097 102nd General Assembly
HB3097enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 27-24.1 as follows:
| 6 | | (105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
| 7 | | Sec. 27-24.1. Definitions. As used in the Driver Education | 8 | | Act unless the context otherwise
requires:
| 9 | | "State Board" means the State Board of Education . ;
| 10 | | "Driver education course" and "course" means a course of | 11 | | instruction
in the use and operation of cars, including | 12 | | instruction in the safe
operation of cars and rules of the | 13 | | road , and the laws of this State
relating to motor vehicles, | 14 | | and law enforcement procedures during traffic stops, including | 15 | | appropriate interactions with law enforcement officers, which | 16 | | meets the minimum requirements of this
Act and the rules and | 17 | | regulations issued thereunder by the
State Board and has been | 18 | | approved by the State
Board as meeting
such requirements . ;
| 19 | | "Car" means a motor vehicle of the first division as | 20 | | defined in the
Illinois Vehicle Code . ;
| 21 | | "Motorcycle" or "motor driven cycle" means such a vehicle | 22 | | as defined
in the Illinois Vehicle Code . ;
| 23 | | "Driver's license" means any license or permit issued by |
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| 1 | | the
Secretary of State under Chapter 6 of the Illinois Vehicle | 2 | | Code.
| 3 | | "Distance learning program" means a program of study in | 4 | | which all participating teachers and students do not | 5 | | physically meet in the classroom and instead use the Internet, | 6 | | email, or any other method other than the classroom to provide | 7 | | instruction. | 8 | | With reference to persons, the singular number includes | 9 | | the plural
and vice versa, and the masculine gender includes | 10 | | the feminine.
| 11 | | (Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
| 12 | | Section 10. The Illinois Vehicle Code is amended by | 13 | | changing Sections 2-112 and 6-107.5 as follows:
| 14 | | (625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
| 15 | | Sec. 2-112. Distribution of synopsis laws.
| 16 | | (a) The Secretary of State may publish a synopsis or | 17 | | summary of the laws of
this State regulating the operation of | 18 | | vehicles and may deliver a copy
thereof without charge with | 19 | | each original vehicle registration and with
each original | 20 | | driver's license.
| 21 | | (b) The Secretary of State shall make any necessary | 22 | | revisions in its publications including, but not limited to, | 23 | | the Illinois Rules of the Road, to accurately conform its | 24 | | publications to the provisions of the Pedestrians with |
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| 1 | | Disabilities Safety Act. | 2 | | (c) The Secretary of State shall include, in the Illinois | 3 | | Rules of the Road publication, information advising drivers to | 4 | | use the Dutch Reach method when opening a vehicle door after | 5 | | parallel parking on a street (checking the rear-view mirror, | 6 | | checking the side-view mirror, then opening the door with the | 7 | | right hand, thereby reducing the risk of injuring a bicyclist | 8 | | or opening the door in the path a vehicle approaching from | 9 | | behind). | 10 | | (d) The Secretary of State shall include, in the Illinois
| 11 | | Rules of the Road publication, information advising drivers to
| 12 | | use the zipper merge method when merging into a reduced number
| 13 | | of lanes (drivers in merging lanes are expected to use both
| 14 | | lanes to advance to the lane reduction point and merge at that
| 15 | | location, alternating turns). | 16 | | (e) The Secretary of State, in consultation with the | 17 | | Illinois State Police, shall include in the Illinois
Rules of | 18 | | the Road publication a description of law enforcement | 19 | | procedures during traffic stops and the actions that a | 20 | | motorist should take during a traffic stop, including | 21 | | appropriate interactions with law enforcement officers. | 22 | | (Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; | 23 | | 101-174, eff. 1-1-20 .)
| 24 | | (625 ILCS 5/6-107.5) | 25 | | Sec. 6-107.5. Adult Driver Education Course. |
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| 1 | | (a) The Secretary shall establish by rule the curriculum | 2 | | and designate the materials to be used in an adult driver | 3 | | education course. The course shall be at least 6 hours in | 4 | | length and shall include instruction on traffic laws; highway | 5 | | signs, signals, and markings that regulate, warn, or direct | 6 | | traffic; and issues commonly associated with motor vehicle | 7 | | accidents including poor decision-making, risk taking, | 8 | | impaired driving, distraction, speed, failure to use a safety | 9 | | belt, driving at night, failure to yield the right-of-way, | 10 | | texting while driving, using wireless communication devices, | 11 | | and alcohol and drug awareness ; and instruction on law | 12 | | enforcement procedures during traffic stops, including actions | 13 | | that a motorist should take during a traffic stop and | 14 | | appropriate interactions with law enforcement officers . The | 15 | | curriculum shall not require the operation of a motor vehicle. | 16 | | (b) The Secretary shall certify course providers. The | 17 | | requirements to be a certified course provider, the process | 18 | | for applying for certification, and the procedure for | 19 | | decertifying a course provider shall be established by rule. | 20 | | (b-5) In order to qualify for certification as an adult | 21 | | driver education course provider, each applicant must | 22 | | authorize an investigation that includes a fingerprint-based | 23 | | background check to determine if the applicant has ever been | 24 | | convicted of a criminal offense and, if so, the disposition of | 25 | | any conviction. This authorization shall indicate the scope of | 26 | | the inquiry and the agencies that may be contacted. Upon |
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| 1 | | receiving this authorization, the Secretary of State may | 2 | | request and receive information and assistance from any | 3 | | federal, State, or local governmental agency as part of the | 4 | | authorized investigation. Each applicant shall submit his or | 5 | | her fingerprints to the Department of State Police in the form | 6 | | and manner prescribed by the Department of State Police. These | 7 | | fingerprints shall be checked against fingerprint records now | 8 | | and hereafter filed in the Department of State Police and | 9 | | Federal Bureau of Investigation criminal history record | 10 | | databases. The Department of State Police shall charge | 11 | | applicants a fee for conducting the criminal history record | 12 | | check, which shall be deposited into the State Police Services | 13 | | Fund and shall not exceed the actual cost of the State and | 14 | | national criminal history record check. The Department of | 15 | | State Police shall furnish, pursuant to positive | 16 | | identification, records of Illinois criminal convictions to | 17 | | the Secretary and shall forward the national criminal history | 18 | | record information to the Secretary. Applicants shall pay any | 19 | | other fingerprint-related fees. Unless otherwise prohibited by | 20 | | law, the information derived from the investigation, including | 21 | | the source of the information and any conclusions or | 22 | | recommendations derived from the information by the Secretary | 23 | | of State, shall be provided to the applicant upon request to | 24 | | the Secretary of State prior to any final action by the | 25 | | Secretary of State on the application. Any criminal conviction | 26 | | information obtained by the Secretary of State shall be |
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| 1 | | confidential and may not be transmitted outside the Office of | 2 | | the Secretary of State, except as required by this subsection | 3 | | (b-5), and may not be transmitted to anyone within the Office | 4 | | of the Secretary of State except as needed for the purpose of | 5 | | evaluating the applicant. At any administrative hearing held | 6 | | under Section 2-118 of this Code relating to the denial, | 7 | | cancellation, suspension, or revocation of certification of an | 8 | | adult driver education course provider, the Secretary of State | 9 | | may utilize at that hearing any criminal history, criminal | 10 | | conviction, and disposition information obtained under this | 11 | | subsection (b-5). The information obtained from the | 12 | | investigation may be maintained by the Secretary of State or | 13 | | any agency to which the information was transmitted. Only | 14 | | information and standards which bear a reasonable and rational | 15 | | relation to the performance of providing adult driver | 16 | | education shall be used by the Secretary of State. Any | 17 | | employee of the Secretary of State who gives or causes to be | 18 | | given away any confidential information concerning any | 19 | | criminal convictions or disposition of criminal convictions of | 20 | | an applicant shall be guilty of a Class A misdemeanor unless | 21 | | release of the information is authorized by this Section. | 22 | | (c) The Secretary may permit a course provider to offer | 23 | | the course online, if the Secretary is satisfied the course | 24 | | provider has established adequate procedures for verifying: | 25 | | (1) the identity of the person taking the course | 26 | | online; and |
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| 1 | | (2) the person completes the entire course. | 2 | | (d) The Secretary shall establish a method of electronic | 3 | | verification of a student's successful completion of the | 4 | | course. | 5 | | (e) The fee charged by the course provider must bear a | 6 | | reasonable relationship to the cost of the course. The | 7 | | Secretary shall post on the Secretary of State's website a | 8 | | list of approved course providers, the fees charged by the | 9 | | providers, and contact information for each provider. | 10 | | (f) In addition to any other fee charged by the course | 11 | | provider, the course provider shall collect a fee of $5 from | 12 | | each student to offset the costs incurred by the Secretary in | 13 | | administering this program. The $5 shall be submitted to the | 14 | | Secretary within 14 days of the day on which it was collected. | 15 | | All such fees received by the Secretary shall be deposited in | 16 | | the Secretary of State Driver Services Administration Fund.
| 17 | | (Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15 .)
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