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Public Act 102-0455 Public Act 0455 102ND GENERAL ASSEMBLY |
Public Act 102-0455 | HB3097 Enrolled | LRB102 16168 RAM 21546 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The School Code is amended by changing Section | 27-24.1 as follows:
| (105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
| Sec. 27-24.1. Definitions. As used in the Driver Education | Act unless the context otherwise
requires:
| "State Board" means the State Board of Education . ;
| "Driver education course" and "course" means a course of | instruction
in the use and operation of cars, including | instruction in the safe
operation of cars and rules of the | road , and the laws of this State
relating to motor vehicles, | and law enforcement procedures during traffic stops, including | appropriate interactions with law enforcement officers, which | meets the minimum requirements of this
Act and the rules and | regulations issued thereunder by the
State Board and has been | approved by the State
Board as meeting
such requirements . ;
| "Car" means a motor vehicle of the first division as | defined in the
Illinois Vehicle Code . ;
| "Motorcycle" or "motor driven cycle" means such a vehicle | as defined
in the Illinois Vehicle Code . ;
| "Driver's license" means any license or permit issued by |
| the
Secretary of State under Chapter 6 of the Illinois Vehicle | Code.
| "Distance learning program" means a program of study in | which all participating teachers and students do not | physically meet in the classroom and instead use the Internet, | email, or any other method other than the classroom to provide | instruction. | With reference to persons, the singular number includes | the plural
and vice versa, and the masculine gender includes | the feminine.
| (Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
| Section 10. The Illinois Vehicle Code is amended by | changing Sections 2-112 and 6-107.5 as follows:
| (625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
| Sec. 2-112. Distribution of synopsis laws.
| (a) The Secretary of State may publish a synopsis or | summary of the laws of
this State regulating the operation of | vehicles and may deliver a copy
thereof without charge with | each original vehicle registration and with
each original | driver's license.
| (b) The Secretary of State shall make any necessary | revisions in its publications including, but not limited to, | the Illinois Rules of the Road, to accurately conform its | publications to the provisions of the Pedestrians with |
| Disabilities Safety Act. | (c) The Secretary of State shall include, in the Illinois | Rules of the Road publication, information advising drivers to | use the Dutch Reach method when opening a vehicle door after | parallel parking on a street (checking the rear-view mirror, | checking the side-view mirror, then opening the door with the | right hand, thereby reducing the risk of injuring a bicyclist | or opening the door in the path a vehicle approaching from | behind). | (d) The Secretary of State shall include, in the Illinois
| Rules of the Road publication, information advising drivers to
| use the zipper merge method when merging into a reduced number
| of lanes (drivers in merging lanes are expected to use both
| lanes to advance to the lane reduction point and merge at that
| location, alternating turns). | (e) The Secretary of State, in consultation with the | Illinois State Police, shall include in the Illinois
Rules of | the Road publication a description of law enforcement | procedures during traffic stops and the actions that a | motorist should take during a traffic stop, including | appropriate interactions with law enforcement officers. | (Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; | 101-174, eff. 1-1-20 .)
| (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 ; and instruction on law | enforcement procedures during traffic stops, including actions | that a motorist should take during a traffic stop and | appropriate interactions with law enforcement officers . 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 | 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 | the Secretary of State Driver Services Administration Fund.
| (Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15 .)
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Effective Date: 1/1/2022
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