Full Text of SB0138 102nd General Assembly
SB0138sam002 102ND GENERAL ASSEMBLY | Sen. Donald P. DeWitte Filed: 4/8/2021
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| 1 | | AMENDMENT TO SENATE BILL 138
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 138 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-103, 6-401, and 6-419 as follows:
| 6 | | (625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
| 7 | | Sec. 1-103. Approved driver education course. (a) Any | 8 | | course of driver education approved by the State Board of | 9 | | Education,
offered by public or private schools maintaining
| 10 | | grades 9 through 12, and meeting at least the minimum | 11 | | requirements of
the "Driver Education Act", as now or | 12 | | hereafter amended, (b) any
course of driver education offered | 13 | | by a school licensed to give driver
education instructions | 14 | | under this Act which meets at least the minimum
educational | 15 | | requirements of the "Driver Education Act", as now or
| 16 | | hereafter amended, and is approved by the State Board of |
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| 1 | | Education,
(c) any course of driver education
given in another | 2 | | State
to an Illinois resident attending school in such State | 3 | | and approved by
the State administrator of the Driver | 4 | | Education Program of such other
State, or (d) any course of | 5 | | driver education given at a Department of Defense Education | 6 | | Activity school that is approved by the Department of Defense | 7 | | Education Activity and taught by an adult driver education | 8 | | instructor or traffic safety officer , or (e) any course of | 9 | | driver education, including classroom instruction, provided | 10 | | virtually via a live webcast taught by a licensed instructor | 11 | | or via a prerecorded session taught by a licensed instructor | 12 | | or online, as regulated under Article IV of Chapter 6 .
| 13 | | (Source: P.A. 96-740, eff. 1-1-10.)
| 14 | | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| 15 | | Sec. 6-401. Driver training schools-license required. | 16 | | (a) No person, firm,
association, partnership or | 17 | | corporation shall operate a
driver training school or engage | 18 | | in the business of giving instruction for
hire or for a fee in | 19 | | (1) the driving of motor vehicles; or (2) the preparation of
an | 20 | | applicant for examination given by the Secretary of State for | 21 | | a drivers
license or permit, unless a license therefor has | 22 | | been issued by the
Secretary.
No public schools or educational | 23 | | institutions shall contract with entities
engaged in the | 24 | | business of giving instruction for hire or for a fee in the
| 25 | | driving
of motor vehicles for the preparation of an applicant |
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| 1 | | for examination given
by the Secretary of State for a driver's | 2 | | license or permit, unless a license
therefor has been issued | 3 | | by the Secretary. A person, firm, association, partnership or | 4 | | corporation licensed by the Secretary of State under this | 5 | | Section may provide classroom instruction virtually via a live | 6 | | webcast taught by a licensed instructor or via prerecorded | 7 | | sessions taught by a licensed instructor or online.
| 8 | | This subsection (a) shall not apply to (i) public schools | 9 | | or to educational
institutions in which driving instruction is | 10 | | part of the curriculum, (ii)
employers giving instruction to | 11 | | their employees, or (iii) schools that teach enhanced driving | 12 | | skills to licensed drivers as set forth in Article X of Chapter | 13 | | 6 of this Code.
| 14 | | (b) Any person, firm, association, partnership, or | 15 | | corporation that violates subsection (a) of this Section shall | 16 | | be guilty of a Class A misdemeanor for a first offense and a | 17 | | Class 4 felony for a second or subsequent offense. | 18 | | (Source: P.A. 100-409, eff. 8-25-17.)
| 19 | | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| 20 | | Sec. 6-419. Rules and regulations. | 21 | | (a) The Secretary is authorized to prescribe by rule | 22 | | standards for the
eligibility, conduct and operation of driver | 23 | | training schools, and
instructors and to adopt other | 24 | | reasonable rules and regulations necessary
to carry out the | 25 | | provisions of this Act. The Secretary may adopt rules |
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| 1 | | exempting particular types of driver training schools from | 2 | | specific statutory provisions in Sections 6-401 through 6-424, | 3 | | where application of those provisions would be inconsistent | 4 | | with the manner of instruction offered by those schools. The | 5 | | Secretary, in consultation with the State Board of Education, | 6 | | shall adopt course content standards for driver education for | 7 | | those persons under the age of 18 years, which shall include | 8 | | the operation and equipment of motor vehicles. After June 30, | 9 | | 2017, the course content standards for driver education | 10 | | provided by a driver training school to those persons under | 11 | | the age of 18 years shall include instruction concerning law | 12 | | enforcement procedures for traffic stops, including a | 13 | | demonstration of the proper actions to be taken during a | 14 | | traffic stop and appropriate interactions with law | 15 | | enforcement. | 16 | | (b) The Secretary shall permit a licensed commercial | 17 | | driving training school to offer classroom instruction | 18 | | virtually via a live webcast taught by a licensed instructor | 19 | | or via prerecorded sessions taught by a licensed instructor or | 20 | | online as regulated under this Article.
| 21 | | (Source: P.A. 99-720, eff. 1-1-17 .)".
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