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| Public Act 098-0876 | ||||
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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 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.
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(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. | ||