Illinois General Assembly - Full Text of Public Act 098-0876
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Public Act 098-0876





Public Act 098-0876
HB4561 EnrolledLRB098 15243 MLW 50250 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-107.5 as follows:
    (625 ILCS 5/6-107.5)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 6-107.5. Adult Driver Education Course.
    (a) The Secretary shall establish by rule the curriculum
and designate the materials to be used in an adult driver
education course. The course shall be at least 6 hours in
length and shall include instruction on traffic laws; highway
signs, signals, and markings that regulate, warn, or direct
traffic; and issues commonly associated with motor vehicle
accidents including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety
belt, driving at night, failure to yield the right-of-way,
texting while driving, using wireless communication devices,
and alcohol and drug awareness. The curriculum shall not
require the operation of a motor vehicle.
    (b) The Secretary shall certify course providers. The
requirements to be a certified course provider, the process for
applying for certification, and the procedure for decertifying
a course provider shall be established by rule.
    (b-5) In order to qualify for certification as an adult
driver education course provider, each applicant must
authorize an investigation that includes a fingerprint-based
background check to determine if the applicant has ever been
convicted of a criminal offense and, if so, the disposition of
any conviction. This authorization shall indicate the scope of
the inquiry and the agencies that may be contacted. Upon
receiving this authorization, the Secretary of State may
request and receive information and assistance from any
federal, State, or local governmental agency as part of the
authorized investigation. Each applicant shall submit his or
her fingerprints to the Department of State Police in the form
and manner prescribed by the Department of State Police. These
fingerprints shall be checked against fingerprint records now
and hereafter filed in the Department of State Police and
Federal Bureau of Investigation criminal history record
databases. The Department of State Police shall charge
applicants a fee for conducting the criminal history record
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the State and
national criminal history record check. The Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois criminal convictions to the Secretary and
shall forward the national criminal history record information
to the Secretary. Applicants shall pay any other
fingerprint-related fees. Unless otherwise prohibited by law,
the information derived from the investigation, including the
source of the information and any conclusions or
recommendations derived from the information by the Secretary
of State, shall be provided to the applicant upon request to
the Secretary of State prior to any final action by the
Secretary of State on the application. Any criminal conviction
information obtained by the Secretary of State shall be
confidential and may not be transmitted outside the Office of
the Secretary of State, except as required by this subsection
(b-5), and may not be transmitted to anyone within the Office
of the Secretary of State except as needed for the purpose of
evaluating the applicant. At any administrative hearing held
under Section 2-118 of this Code relating to the denial,
cancellation, suspension, or revocation of certification of an
adult driver education course provider, the Secretary of State
may utilize at that hearing any criminal history, criminal
conviction, and disposition information obtained under this
subsection (b-5). The information obtained from the
investigation may be maintained by the Secretary of State or
any agency to which the information was transmitted. Only
information and standards which bear a reasonable and rational
relation to the performance of providing adult driver education
shall be used by the Secretary of State. Any employee of the
Secretary of State who gives or causes to be given away any
confidential information concerning any criminal convictions
or disposition of criminal convictions of an applicant shall be
guilty of a Class A misdemeanor unless release of the
information is authorized by this Section.
    (c) The Secretary may permit a course provider to offer the
course online, if the Secretary is satisfied the course
provider has established adequate procedures for verifying:
        (1) the identity of the person taking the course
    online; and
        (2) the person completes the entire course.
    (d) The Secretary shall establish a method of electronic
verification of a student's successful completion of the
    (e) The fee charged by the course provider must bear a
reasonable relationship to the cost of the course. The
Secretary shall post on the Secretary of State's website a list
of approved course providers, the fees charged by the
providers, and contact information for each provider.
    (f) In addition to any other fee charged by the course
provider, the course provider shall collect a fee of $5 from
each student to offset the costs incurred by the Secretary in
administering this program. The $5 shall be submitted to the
Secretary within 14 days of the day on which it was collected.
All such fees received by the Secretary shall be deposited in
the Secretary of State Driver Services Administration Fund.
(Source: P.A. 98-167, eff. 7-1-14.)
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2015