Sen. Donald P. DeWitte

Filed: 4/1/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 138

2    AMENDMENT NO. ______. Amend Senate Bill 138 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-103, 6-401, and 6-419 as follows:
 
6    (625 ILCS 5/1-103)  (from Ch. 95 1/2, par. 1-103)
7    Sec. 1-103. Approved driver education course. (a) Any
8course of driver education approved by the State Board of
9Education, offered by public or private schools maintaining
10grades 9 through 12, and meeting at least the minimum
11requirements of the "Driver Education Act", as now or
12hereafter amended, (b) any course of driver education offered
13by a school licensed to give driver education instructions
14under this Act which meets at least the minimum educational
15requirements of the "Driver Education Act", as now or
16hereafter amended, and is approved by the State Board of

 

 

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1Education, (c) any course of driver education given in another
2State to an Illinois resident attending school in such State
3and approved by the State administrator of the Driver
4Education Program of such other State, or (d) any course of
5driver education given at a Department of Defense Education
6Activity school that is approved by the Department of Defense
7Education Activity and taught by an adult driver education
8instructor or traffic safety officer, or (e) any course of
9driver education, including classroom instruction, provided
10virtually via a live webcast taught by a licensed instructor
11or via a prerecorded session taught by a licensed instructor
12as regulated under Article IV of Chapter 6.
13(Source: P.A. 96-740, eff. 1-1-10.)
 
14    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
15    Sec. 6-401. Driver training schools-license required.
16    (a) No person, firm, association, partnership or
17corporation shall operate a driver training school or engage
18in the business of giving instruction for hire or for a fee in
19(1) the driving of motor vehicles; or (2) the preparation of an
20applicant for examination given by the Secretary of State for
21a drivers license or permit, unless a license therefor has
22been issued by the Secretary. No public schools or educational
23institutions shall contract with entities engaged in the
24business of giving instruction for hire or for a fee in the
25driving of motor vehicles for the preparation of an applicant

 

 

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1for examination given by the Secretary of State for a driver's
2license or permit, unless a license therefor has been issued
3by the Secretary. A person, firm, association, partnership or
4corporation licensed by the Secretary of State under this
5Section may provide classroom instruction virtually via a live
6webcast taught by a licensed instructor or via prerecorded
7sessions taught by a licensed instructor.
8    This subsection (a) shall not apply to (i) public schools
9or to educational institutions in which driving instruction is
10part of the curriculum, (ii) employers giving instruction to
11their employees, or (iii) schools that teach enhanced driving
12skills to licensed drivers as set forth in Article X of Chapter
136 of this Code.
14    (b) Any person, firm, association, partnership, or
15corporation that violates subsection (a) of this Section shall
16be guilty of a Class A misdemeanor for a first offense and a
17Class 4 felony for a second or subsequent offense.
18(Source: P.A. 100-409, eff. 8-25-17.)
 
19    (625 ILCS 5/6-419)  (from Ch. 95 1/2, par. 6-419)
20    Sec. 6-419. Rules and regulations.
21    (a) The Secretary is authorized to prescribe by rule
22standards for the eligibility, conduct and operation of driver
23training schools, and instructors and to adopt other
24reasonable rules and regulations necessary to carry out the
25provisions of this Act. The Secretary may adopt rules

 

 

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1exempting particular types of driver training schools from
2specific statutory provisions in Sections 6-401 through 6-424,
3where application of those provisions would be inconsistent
4with the manner of instruction offered by those schools. The
5Secretary, in consultation with the State Board of Education,
6shall adopt course content standards for driver education for
7those persons under the age of 18 years, which shall include
8the operation and equipment of motor vehicles. After June 30,
92017, the course content standards for driver education
10provided by a driver training school to those persons under
11the age of 18 years shall include instruction concerning law
12enforcement procedures for traffic stops, including a
13demonstration of the proper actions to be taken during a
14traffic stop and appropriate interactions with law
15enforcement.
16    (b) The Secretary shall permit a licensed commercial
17driving training school to offer classroom instruction
18virtually via a live webcast taught by a licensed instructor
19or via prerecorded sessions taught by a licensed instructor as
20regulated under this Article.
21(Source: P.A. 99-720, eff. 1-1-17.)".