Bill Amendment: IL HB5793 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: DRIVER EDU-VEH STOP

Status: 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5793 Detail]

Download: Illinois-2015-HB5793-House_Amendment_001.html

---

Rep. Jeanne M Ives

Filed: 4/1/2016

09900HB5793ham001 LRB099 19230 AXK 46430 a
AMENDMENT TO HOUSE BILL 5793
AMENDMENT NO. ______. Amend House Bill 5793 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
27-24.9 as follows:
(105 ILCS 5/27-24.9)
Sec. 27-24.9. Driver education standards. The State Board
of Education, in consultation with the Secretary of State,
shall adopt course content standards for driver education for
those persons under the age of 18 years, which shall include
the operation and equipment of motor vehicles, and information
concerning the proper procedures following a vehicle stop by a
law enforcement officer, including the driver's rights, the
officer's rights, appropriate questioning, required
documentation, and any other information the Secretary, in
consultation with the Department of State Police, deems

09900HB5793ham001 - 2 - LRB099 19230 AXK 46430 a
necessary.
(Source: P.A. 97-1025, eff. 1-1-13.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-107.5 and 6-419 as follows:
(625 ILCS 5/6-107.5)
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 course shall also include
instruction on the proper procedures following a vehicle stop
by a law enforcement officer, including the driver's rights,
the officer's rights, appropriate questioning, required
documentation, and any other information the Secretary, in
consultation with the Department of State Police, deems
necessary. The curriculum shall not require the operation of a
motor vehicle.

09900HB5793ham001 - 3 - LRB099 19230 AXK 46430 a
(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,

09900HB5793ham001 - 4 - LRB099 19230 AXK 46430 a
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

09900HB5793ham001 - 5 - LRB099 19230 AXK 46430 a
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
course.
(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

09900HB5793ham001 - 6 - LRB099 19230 AXK 46430 a
the Secretary of State Driver Services Administration Fund.
(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)
(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and Regulations. The Secretary is
authorized to prescribe by rule standards for the eligibility,
conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations
necessary to carry out the provisions of this Act. The
Secretary may adopt rules exempting particular types of driver
training schools from specific statutory provisions in
Sections 6-401 through 6-424, where application of those
provisions would be inconsistent with the manner of instruction
offered by those schools. The Secretary, in consultation with
the State Board of Education, shall adopt course content
standards for driver education for those persons under the age
of 18 years, which shall include the operation and equipment of
motor vehicles, and information concerning the proper
procedures following a vehicle stop by a law enforcement
officer, including the driver's rights, the officer's rights,
appropriate questioning, required documentation, and any other
information the Secretary, in consultation with the Department
of State Police, deems necessary.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
eff. 7-28-11; 97-1025, eff. 1-1-13.)".