Illinois General Assembly - Full Text of HB3097
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Full Text of HB3097  102nd General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
527-24.1 as follows:
6    (105 ILCS 5/27-24.1)  (from Ch. 122, par. 27-24.1)
7    Sec. 27-24.1. Definitions. As used in the Driver Education
8Act unless the context otherwise requires:
9    "State Board" means the State Board of Education. ;
10    "Driver education course" and "course" means a course of
11instruction in the use and operation of cars, including
12instruction in the safe operation of cars and rules of the
13road, and the laws of this State relating to motor vehicles,
14and law enforcement procedures during traffic stops, including
15appropriate interactions with law enforcement officers, which
16meets the minimum requirements of this Act and the rules and
17regulations issued thereunder by the State Board and has been
18approved by the State Board as meeting such requirements. ;
19    "Car" means a motor vehicle of the first division as
20defined in the Illinois Vehicle Code. ;
21    "Motorcycle" or "motor driven cycle" means such a vehicle
22as defined in the Illinois Vehicle Code. ;
23    "Driver's license" means any license or permit issued by



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1the Secretary of State under Chapter 6 of the Illinois Vehicle
3    "Distance learning program" means a program of study in
4which all participating teachers and students do not
5physically meet in the classroom and instead use the Internet,
6email, or any other method other than the classroom to provide
8    With reference to persons, the singular number includes
9the plural and vice versa, and the masculine gender includes
10the feminine.
11(Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
12    Section 10. The Illinois Vehicle Code is amended by
13changing Sections 2-112 and 6-107.5 as follows:
14    (625 ILCS 5/2-112)  (from Ch. 95 1/2, par. 2-112)
15    Sec. 2-112. Distribution of synopsis laws.
16    (a) The Secretary of State may publish a synopsis or
17summary of the laws of this State regulating the operation of
18vehicles and may deliver a copy thereof without charge with
19each original vehicle registration and with each original
20driver's license.
21    (b) The Secretary of State shall make any necessary
22revisions in its publications including, but not limited to,
23the Illinois Rules of the Road, to accurately conform its
24publications to the provisions of the Pedestrians with



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1Disabilities Safety Act.
2    (c) The Secretary of State shall include, in the Illinois
3Rules of the Road publication, information advising drivers to
4use the Dutch Reach method when opening a vehicle door after
5parallel parking on a street (checking the rear-view mirror,
6checking the side-view mirror, then opening the door with the
7right hand, thereby reducing the risk of injuring a bicyclist
8or opening the door in the path a vehicle approaching from
10    (d) The Secretary of State shall include, in the Illinois
11Rules of the Road publication, information advising drivers to
12use the zipper merge method when merging into a reduced number
13of lanes (drivers in merging lanes are expected to use both
14lanes to advance to the lane reduction point and merge at that
15location, alternating turns).
16    (e) The Secretary of State, in consultation with the
17Illinois State Police, shall include in the Illinois Rules of
18the Road publication a description of law enforcement
19procedures during traffic stops and the actions that a
20motorist should take during a traffic stop, including
21appropriate interactions with law enforcement officers.
22(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
23101-174, eff. 1-1-20.)
24    (625 ILCS 5/6-107.5)
25    Sec. 6-107.5. Adult Driver Education Course.



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1    (a) The Secretary shall establish by rule the curriculum
2and designate the materials to be used in an adult driver
3education course. The course shall be at least 6 hours in
4length and shall include instruction on traffic laws; highway
5signs, signals, and markings that regulate, warn, or direct
6traffic; and issues commonly associated with motor vehicle
7accidents including poor decision-making, risk taking,
8impaired driving, distraction, speed, failure to use a safety
9belt, driving at night, failure to yield the right-of-way,
10texting while driving, using wireless communication devices,
11and alcohol and drug awareness; and instruction on law
12enforcement procedures during traffic stops, including actions
13that a motorist should take during a traffic stop and
14appropriate interactions with law enforcement officers. The
15curriculum shall not require the operation of a motor vehicle.
16    (b) The Secretary shall certify course providers. The
17requirements to be a certified course provider, the process
18for applying for certification, and the procedure for
19decertifying a course provider shall be established by rule.
20    (b-5) In order to qualify for certification as an adult
21driver education course provider, each applicant must
22authorize an investigation that includes a fingerprint-based
23background check to determine if the applicant has ever been
24convicted of a criminal offense and, if so, the disposition of
25any conviction. This authorization shall indicate the scope of
26the inquiry and the agencies that may be contacted. Upon



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1receiving this authorization, the Secretary of State may
2request and receive information and assistance from any
3federal, State, or local governmental agency as part of the
4authorized investigation. Each applicant shall submit his or
5her fingerprints to the Department of State Police in the form
6and manner prescribed by the Department of State Police. These
7fingerprints shall be checked against fingerprint records now
8and hereafter filed in the Department of State Police and
9Federal Bureau of Investigation criminal history record
10databases. The Department of State Police shall charge
11applicants a fee for conducting the criminal history record
12check, which shall be deposited into the State Police Services
13Fund and shall not exceed the actual cost of the State and
14national criminal history record check. The Department of
15State Police shall furnish, pursuant to positive
16identification, records of Illinois criminal convictions to
17the Secretary and shall forward the national criminal history
18record information to the Secretary. Applicants shall pay any
19other fingerprint-related fees. Unless otherwise prohibited by
20law, the information derived from the investigation, including
21the source of the information and any conclusions or
22recommendations derived from the information by the Secretary
23of State, shall be provided to the applicant upon request to
24the Secretary of State prior to any final action by the
25Secretary of State on the application. Any criminal conviction
26information obtained by the Secretary of State shall be



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1confidential and may not be transmitted outside the Office of
2the Secretary of State, except as required by this subsection
3(b-5), and may not be transmitted to anyone within the Office
4of the Secretary of State except as needed for the purpose of
5evaluating the applicant. At any administrative hearing held
6under Section 2-118 of this Code relating to the denial,
7cancellation, suspension, or revocation of certification of an
8adult driver education course provider, the Secretary of State
9may utilize at that hearing any criminal history, criminal
10conviction, and disposition information obtained under this
11subsection (b-5). The information obtained from the
12investigation may be maintained by the Secretary of State or
13any agency to which the information was transmitted. Only
14information and standards which bear a reasonable and rational
15relation to the performance of providing adult driver
16education shall be used by the Secretary of State. Any
17employee of the Secretary of State who gives or causes to be
18given away any confidential information concerning any
19criminal convictions or disposition of criminal convictions of
20an applicant shall be guilty of a Class A misdemeanor unless
21release of the information is authorized by this Section.
22    (c) The Secretary may permit a course provider to offer
23the course online, if the Secretary is satisfied the course
24provider has established adequate procedures for verifying:
25        (1) the identity of the person taking the course
26    online; and



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1        (2) the person completes the entire course.
2    (d) The Secretary shall establish a method of electronic
3verification of a student's successful completion of the
5    (e) The fee charged by the course provider must bear a
6reasonable relationship to the cost of the course. The
7Secretary shall post on the Secretary of State's website a
8list of approved course providers, the fees charged by the
9providers, and contact information for each provider.
10    (f) In addition to any other fee charged by the course
11provider, the course provider shall collect a fee of $5 from
12each student to offset the costs incurred by the Secretary in
13administering this program. The $5 shall be submitted to the
14Secretary within 14 days of the day on which it was collected.
15All such fees received by the Secretary shall be deposited in
16the Secretary of State Driver Services Administration Fund.
17(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)