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Public Act 102-0455 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27-24.1 as follows:
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(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
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Sec. 27-24.1. Definitions. As used in the Driver Education | ||||
Act unless the context otherwise
requires:
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"State Board" means the State Board of Education . ;
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"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 . ;
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"Car" means a motor vehicle of the first division as | ||||
defined in the
Illinois Vehicle Code . ;
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"Motorcycle" or "motor driven cycle" means such a vehicle | ||||
as defined
in the Illinois Vehicle Code . ;
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"Driver's license" means any license or permit issued by |
the
Secretary of State under Chapter 6 of the Illinois Vehicle | ||
Code.
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"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.
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(Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
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Section 10. The Illinois Vehicle Code is amended by | ||
changing Sections 2-112 and 6-107.5 as follows:
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(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
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Sec. 2-112. Distribution of synopsis laws.
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(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.
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(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
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Rules of the Road publication, information advising drivers to
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use the zipper merge method when merging into a reduced number
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of lanes (drivers in merging lanes are expected to use both
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lanes to advance to the lane reduction point and merge at that
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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 .)
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(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.
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(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15 .)
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