SB0138sam001 102ND GENERAL ASSEMBLY

Sen. Donald P. DeWitte

Filed: 4/1/2021

10200SB0138sam001 LRB102 10506 RAM 24054 a

AMENDMENT TO SENATE BILL 138

AMENDMENT NO. ______. Amend Senate Bill 138 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 1-103, 6-401, and 6-419 as follows:

(625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)

Sec. 1-103. Approved driver education course. (a) Any course of driver education approved by the State Board of Education, offered by public or private schools maintaining grades 9 through 12, and meeting at least the minimum requirements of the "Driver Education Act", as now or hereafter amended, (b) any course of driver education offered by a school licensed to give driver education instructions under this Act which meets at least the minimum educational requirements of the "Driver Education Act", as now or hereafter amended, and is approved by the State Board of Education, (c) any course of driver education given in another State to an Illinois resident attending school in such State and approved by the State administrator of the Driver Education Program of such other State, or (d) any course of driver education given at a Department of Defense Education Activity school that is approved by the Department of Defense Education Activity and taught by an adult driver education instructor or traffic safety officer, or (e) any course of driver education, including classroom instruction, provided virtually via a live webcast taught by a licensed instructor or via a prerecorded session taught by a licensed instructor as regulated under Article IV of Chapter 6.

(Source: P.A. 96-740, eff. 1-1-10.)

(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)

Sec. 6-401. Driver training schools-license required.

(a) 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. A person, firm, association, partnership or corporation licensed by the Secretary of State under this Section may provide classroom instruction virtually via a live webcast taught by a licensed instructor or via prerecorded sessions taught by a licensed instructor.

This subsection (a) shall not apply to (i) public schools or to 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.

(b) Any person, firm, association, partnership, or corporation that violates subsection (a) of this Section shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(Source: P.A. 100-409, eff. 8-25-17.)

(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)

Sec. 6-419. Rules and regulations.

(a) The Secretary is authorized to prescribe by rule standards for the eligibility, conduct and operation of driver training schools, and instructors and to adopt other reasonable rules and regulations necessary to carry out the provisions of this Act. The Secretary may adopt rules exempting particular types of driver training schools from specific statutory provisions in Sections 6-401 through 6-424, where application of those provisions would be inconsistent with the manner of instruction offered by those schools. The Secretary, in consultation with the State Board of Education, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles. After June 30, 2017, the course content standards for driver education provided by a driver training school to those persons under the age of 18 years shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.

(b) The Secretary shall permit a licensed commercial driving training school to offer classroom instruction virtually via a live webcast taught by a licensed instructor or via prerecorded sessions taught by a licensed instructor as regulated under this Article.

(Source: P.A. 99-720, eff. 1-1-17.)".