Bill Text: IL HB4562 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that persons at least 18 years of age but less than 21 years of age do not have to complete an adult driver education course if they complete the classroom portion of an approved driver education course. Provides that persons who hold a driver's license prior to July 1, 2014 may retain that license without completing an adult driver education course. Provides that persons who hold an instruction permit prior to July 1, 2014 may retain the instruction permit and are eligible to receive a driver's license without completing an adult driver education course. Provides that on or after July 1, 2014, persons may receive and retain an instruction permit prior to completing an adult driver education course, but must complete the course before being issued a driver's license. Provides that the Secretary of State is not required to post the fees charged by approved adult driver education course providers on the Secretary's website, but that the Secretary shall include each course provider's website among that course provider's contact information. Requires adult driver education course providers to state all fees charged by the course provider on its website. Provides that entities providing adult driver education courses solely via the Internet do not need to acquire an instructor's license from the Secretary of State. Provides that any person found guilty of operating a driver training school without a license shall be guilty of a Class A misdemeanor with a minimum fine of $1,000 for a first offense, and a Class 4 felony with a minimum fine of $2,500 for a second offense. Effective July 1, 2014.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4562 Detail]

Download: Illinois-2013-HB4562-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4562 Introduced , by Rep. John D'Amico SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-107.5
625 ILCS 5/6-401 from Ch. 95 1/2, par. 6-401
Amends the Illinois Vehicle Code. Provides that persons at least 18 years of age but less than 21 years of age do not have to complete an adult driver education course if they complete the classroom portion of an approved driver education course. Provides that persons who hold a driver's license prior to July 1, 2014 may retain that license without completing an adult driver education course. Provides that persons who hold an instruction permit prior to July 1, 2014 may retain the instruction permit and are eligible to receive a driver's license without completing an adult driver education course. Provides that on or after July 1, 2014, persons may receive and retain an instruction permit prior to completing an adult driver education course, but must complete the course before being issued a driver's license. Provides that the Secretary of State is not required to post the fees charged by approved adult driver education course providers on the Secretary's website, but that the Secretary shall include each course provider's website among that course provider's contact information. Requires adult driver education course providers to state all fees charged by the course provider on its website. Provides that entities providing adult driver education courses solely via the Internet do not need to acquire an instructor's license from the Secretary of State. Provides that any person found guilty of operating a driver training school without a license shall be guilty of a Class A misdemeanor with a minimum fine of $1,000 for a first offense, and a Class 4 felony with a minimum fine of $2,500 for a second offense. Effective July 1, 2014.
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A BILL FOR
HB4562 LRB098 15926 MLW 50973 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
Sections 6-103, 6-107.5, and 6-401 as follows:
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
(Text of Section before amendment by P.A. 98-167)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least

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15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the

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Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant who has been delegated the performance of medical
examinations by his or her supervising physician, or a
licensed advanced practice nurse who has a written
collaborative agreement with a collaborating physician
which authorizes him or her to perform medical
examinations, to the effect that the operation of a motor
vehicle by the person would not be inimical to the public
safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;

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10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a

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new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or

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drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver training school
licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the

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Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
7-22-11; 97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 98-167)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,

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except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in
Section 6-107.5 of this Code or successfully completed the
classroom portion of an approved driver education course,
except that: .
(A) a person who holds a driver's license issued
prior to July 1, 2014 shall be eligible to retain the
license without the completion of an adult driver
education course;
(B) a person who holds an instruction permit issued
prior to July 1, 2014 shall be eligible to retain the
instruction permit without the completion of an adult
driver education course;
(C) a person who holds an instruction permit issued
prior to July 1, 2014 shall be eligible for the

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issuance of a driver's license without the completion
of an adult driver education course; and
(D) a person may be issued and may retain an
instruction permit on or after July 1, 2014 prior to
the completion of the adult driver education course, if
the person completes the course prior to the issuance
of a driver's license.
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the

HB4562 - 10 - LRB098 15926 MLW 50973 b
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant who has been delegated the performance of medical
examinations by his or her supervising physician, or a
licensed advanced practice nurse who has a written
collaborative agreement with a collaborating physician
which authorizes him or her to perform medical
examinations, to the effect that the operation of a motor
vehicle by the person would not be inimical to the public
safety;

HB4562 - 11 - LRB098 15926 MLW 50973 b
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was

HB4562 - 12 - LRB098 15926 MLW 50973 b
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for

HB4562 - 13 - LRB098 15926 MLW 50973 b
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver training school
licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or

HB4562 - 14 - LRB098 15926 MLW 50973 b
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
98-167, eff. 7-1-14; revised 9-18-13.)
(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

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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.
(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 course
provider must state all fees charged by the course provider on
the course provider's website. 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 course provider including each course

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provider's website.
(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.)
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver training schools-license required. No
person, firm, association, partnership or corporation shall
operate a driver training school or engage in the business of
giving instruction for hire or for a fee in (1) the driving of
motor vehicles; or (2) the preparation of an applicant for
examination given by the Secretary of State for a drivers
license or permit, unless a license therefor has been issued by
the Secretary. No public schools or educational institutions
shall contract with entities engaged in the business of giving
instruction for hire or for a fee in the driving of motor
vehicles for the preparation of an applicant for examination
given by the Secretary of State for a driver's license or
permit, unless a license therefor has been issued by the
Secretary.
This Section shall not apply to (i) public schools or to

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educational institutions in which driving instruction is part
of the curriculum, (ii) employers giving instruction to their
employees, or (iii) schools that teach enhanced driving skills
to licensed drivers as set forth in Article X of Chapter 6 of
this Code, or (iv) an entity that provides an adult driver
education course, as provided in Section 6-107.5 of this Code,
if the entity conducts the course solely via the Internet.
Any person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor, with a minimum fine of
$1,000. Any person convicted of a violation of this Section a
second or subsequent time shall be guilty of a Class 4 felony,
with a minimum fine of $2,500.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
eff. 7-28-11.)
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.
Section 99. Effective date. This Act takes effect upon
becoming law.