Full Text of HB5793 99th General Assembly
HB5793eng 99TH 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 | | 27-24.9 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 | 17 | | necessary .
| 18 | | (Source: P.A. 97-1025, eff. 1-1-13.) | 19 | | Section 10. The Illinois Vehicle Code is amended by | 20 | | changing Sections 6-107.5 and 6-419 as follows: | 21 | | (625 ILCS 5/6-107.5) |
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| 1 | | Sec. 6-107.5. Adult Driver Education Course. | 2 | | (a) The Secretary shall establish by rule the curriculum | 3 | | and designate the materials to be used in an adult driver | 4 | | education course. The course shall be at least 6 hours in | 5 | | length and shall include instruction on traffic laws; highway | 6 | | signs, signals, and markings that regulate, warn, or direct | 7 | | traffic; and issues commonly associated with motor vehicle | 8 | | accidents including poor decision-making, risk taking, | 9 | | impaired driving, distraction, speed, failure to use a safety | 10 | | belt, driving at night, failure to yield the right-of-way, | 11 | | texting while driving, using wireless communication devices, | 12 | | and alcohol and drug awareness. The course shall also include | 13 | | instruction on the proper procedures following a vehicle stop | 14 | | by a law enforcement officer, including the driver's rights, | 15 | | the officer's rights, appropriate questioning, required | 16 | | documentation, and any other information the Secretary, in | 17 | | consultation with the Department of State Police, deems | 18 | | necessary. The curriculum shall not require the operation of a | 19 | | motor vehicle. | 20 | | (b) The Secretary shall certify course providers. The | 21 | | requirements to be a certified course provider, the process for | 22 | | applying for certification, and the procedure for decertifying | 23 | | a course provider shall be established by rule. | 24 | | (b-5) In order to qualify for certification as an adult | 25 | | driver education course provider, each applicant must | 26 | | authorize an investigation that includes a fingerprint-based |
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| 1 | | background check to determine if the applicant has ever been | 2 | | convicted of a criminal offense and, if so, the disposition of | 3 | | any conviction. This authorization shall indicate the scope of | 4 | | the inquiry and the agencies that may be contacted. Upon | 5 | | receiving this authorization, the Secretary of State may | 6 | | request and receive information and assistance from any | 7 | | federal, State, or local governmental agency as part of the | 8 | | authorized investigation. Each applicant shall submit his or | 9 | | her fingerprints to the Department of State Police in the form | 10 | | and manner prescribed by the Department of State Police. These | 11 | | fingerprints shall be checked against fingerprint records now | 12 | | and hereafter filed in the Department of State Police and | 13 | | Federal Bureau of Investigation criminal history record | 14 | | databases. The Department of State Police shall charge | 15 | | applicants a fee for conducting the criminal history record | 16 | | check, which shall be deposited into the State Police Services | 17 | | Fund and shall not exceed the actual cost of the State and | 18 | | national criminal history record check. The Department of State | 19 | | Police shall furnish, pursuant to positive identification, | 20 | | records of Illinois criminal convictions to the Secretary and | 21 | | shall forward the national criminal history record information | 22 | | to the Secretary. Applicants shall pay any other | 23 | | fingerprint-related fees. Unless otherwise prohibited by law, | 24 | | the information derived from the investigation, including the | 25 | | source of the information and any conclusions or | 26 | | recommendations derived from the information by the Secretary |
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| 1 | | of State, shall be provided to the applicant upon request to | 2 | | the Secretary of State prior to any final action by the | 3 | | Secretary of State on the application. Any criminal conviction | 4 | | information obtained by the Secretary of State shall be | 5 | | confidential and may not be transmitted outside the Office of | 6 | | the Secretary of State, except as required by this subsection | 7 | | (b-5), and may not be transmitted to anyone within the Office | 8 | | of the Secretary of State except as needed for the purpose of | 9 | | evaluating the applicant. At any administrative hearing held | 10 | | under Section 2-118 of this Code relating to the denial, | 11 | | cancellation, suspension, or revocation of certification of an | 12 | | adult driver education course provider, the Secretary of State | 13 | | may utilize at that hearing any criminal history, criminal | 14 | | conviction, and disposition information obtained under this | 15 | | subsection (b-5). The information obtained from the | 16 | | investigation may be maintained by the Secretary of State or | 17 | | any agency to which the information was transmitted. Only | 18 | | information and standards which bear a reasonable and rational | 19 | | relation to the performance of providing adult driver education | 20 | | shall be used by the Secretary of State. Any employee of the | 21 | | Secretary of State who gives or causes to be given away any | 22 | | confidential information concerning any criminal convictions | 23 | | or disposition of criminal convictions of an applicant shall be | 24 | | guilty of a Class A misdemeanor unless release of the | 25 | | information is authorized by this Section. | 26 | | (c) The Secretary may permit a course provider to offer the |
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| 1 | | course online, if the Secretary is satisfied the course | 2 | | provider has established adequate procedures for verifying: | 3 | | (1) the identity of the person taking the course | 4 | | online; and | 5 | | (2) the person completes the entire course. | 6 | | (d) The Secretary shall establish a method of electronic | 7 | | verification of a student's successful completion of the | 8 | | course. | 9 | | (e) The fee charged by the course provider must bear a | 10 | | reasonable relationship to the cost of the course. The | 11 | | Secretary shall post on the Secretary of State's website a list | 12 | | of approved course providers, the fees charged by the | 13 | | providers, and contact information for each provider. | 14 | | (f) In addition to any other fee charged by the course | 15 | | provider, the course provider shall collect a fee of $5 from | 16 | | each student to offset the costs incurred by the Secretary in | 17 | | administering this program. The $5 shall be submitted to the | 18 | | Secretary within 14 days of the day on which it was collected. | 19 | | All such fees received by the Secretary shall be deposited in | 20 | | the Secretary of State Driver Services Administration Fund.
| 21 | | (Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15 .)
| 22 | | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| 23 | | Sec. 6-419. Rules and Regulations. The Secretary is | 24 | | authorized to prescribe by rule standards for the
eligibility, | 25 | | conduct and operation of driver training schools, and
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| 1 | | instructors and to adopt other reasonable rules and regulations | 2 | | necessary
to carry out the provisions of this Act. The | 3 | | Secretary may adopt rules exempting particular types of driver | 4 | | training schools from specific statutory provisions in | 5 | | Sections 6-401 through 6-424, where application of those | 6 | | provisions would be inconsistent with the manner of instruction | 7 | | offered by those schools. The Secretary, in consultation with | 8 | | the State Board of Education, shall adopt course content | 9 | | standards for driver education for those persons under the age | 10 | | of 18 years, which shall include the operation and equipment of | 11 | | motor vehicles , and information concerning the proper | 12 | | procedures following a vehicle stop by a law enforcement | 13 | | officer, including the driver's rights, the officer's rights, | 14 | | appropriate questioning, required documentation, and any other | 15 | | information the Secretary, in consultation with the Department | 16 | | of State Police, deems necessary .
| 17 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229, | 18 | | eff. 7-28-11; 97-1025, eff. 1-1-13.)
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