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Public Act 098-0876 Public Act 0876 98TH GENERAL ASSEMBLY |
Public Act 098-0876 | HB4561 Enrolled | LRB098 15243 MLW 50250 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 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 | 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.) |
| 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
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