SB2075sam001 104TH GENERAL ASSEMBLY

Sen. Seth Lewis

Filed: 3/5/2025

10400SB2075sam001 LRB104 08878 LNS 23277 a

AMENDMENT TO SENATE BILL 2075

AMENDMENT NO. ______. Amend Senate Bill 2075 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.65 as follows:

(5 ILCS 100/5-45.65 new)

Sec. 5-45.65. Emergency rulemaking; Department of Transportation. To provide for the expeditious and timely implementation of this amendatory Act of the 104th General Assembly, emergency rules implementing this amendatory Act of the 104th General Assembly may be adopted in accordance with Section 5-45 by the Department of Transportation. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 104th General Assembly.

Section 10. The Cycle Rider Safety Training Act is amended by changing Sections 2.01, 2.03, 4, and 7 and by adding Sections 2.03a and 8 as follows:

(625 ILCS 35/2.01) (from Ch. 95 1/2, par. 802.01)

Sec. 2.01. "Cycle" means a motorcycle, motor driven cycle or moped, as defined in The Illinois Vehicle Code.

(Source: P.A. 96-554, eff. 1-1-10.)

(625 ILCS 35/2.03) (from Ch. 95 1/2, par. 802.03)

Sec. 2.03. "Cycle Rider Safety Training Courses" and "Courses" mean courses of instruction in the use and operation of cycles, including instruction in the safe on-road operation of cycles, the rules of the road and the laws of this State relating to motor vehicles, which courses meet the minimum requirements of this Act, the standards established in the model national administrative standards for state motorcycle rider training programs by the National Highway Traffic Safety Administration, and the rules and regulations issued hereunder by the Department and which have been approved or denied within 60 days by the Department as meeting such requirements.

(Source: P.A. 82-649.)

(625 ILCS 35/2.03a new)

Sec. 2.03a. Cycle Rider Safety Training Course Provider. "Cycle Rider Safety Training Course Provider" and "provider" means a community college, State university, State or local government agency, or for-profit or nonprofit business entity in good standing and operating in the State that is capable of providing courses meeting the definition in this Act in accordance with the rules set forth by the Department and the regulations of this Act. "Cycle Rider Safety Training Course Provider" and "provider" does not include any business registered as a motorcycle dealer with the Secretary of State or any other business that derives income from the selling of motorcycles or has motorcycles for sale at its place of business on a consignment basis.

(625 ILCS 35/4) (from Ch. 95 1/2, par. 804)

Sec. 4. Cycle Rider Safety Training Courses.

(a) The Department shall, on an as needed basis, put out notices to the public seeking Cycle Rider Safety Training Course Providers to provide courses in this State. Such courses shall be open to all residents of the State who hold a currently valid driver's license and who have reached their 16th birthday before the first day of the course to be held. Such courses may be offered throughout the calendar year.

Providers may charge a nominal registration fee set by the Department, which shall be refunded upon completion of the course.

Responses from potential providers shall include, at a minimum, the location where classes are to be held at, the number of students they intend to train, whether they would be providing motorcycles or using motorcycles provided by the program, and the cost for courses provided on a per student basis.

Contracts shall be awarded by the Department to providers based on training needs and cost effectiveness of each bid or proposal as well as the provider's organizational capacity to satisfactorily discharge Cycle Rider Safety Training Courses.

(b) A provider shall only be paid grant funds under one of the following conditions:

(1) a course was held, in which case the provider shall be paid per student rate multiplied by the number of students present on the first day of the course;

(2) expenses submitted related to the maintenance of program equipment; or

(3) submitting other non-personnel expenses as deemed appropriate by the Department.

(c) A provider awarded a contract with grant funding under this Act shall:

(1) submit proof to the Department that each instructor employed by the provider meets the qualifications to teach the curriculum for the courses;

(2) have at least one employee on staff certified to do quality assurance or quality control visits where instructors are evaluated per curriculum standards on teaching;

(3) perform at least one quality assurance or quality control visit on each instructor employed during the year and submit the results of those visits to the Department;

(4) maintain appropriate liability insurance to cover training activities;

(5) submit requests for payment in a timely manner; and

(6) adhere to additional program rules and regulations as determined by the Department.

(d) A provider awarded a contract with grant funding under this Act shall not adopt any policy, requirement, or expectation regarding employee's manner of dress outside of the employee's scheduled work hours, nor may the provider pose any questions regarding such on job applications or during interviews with potential employees. Any State or community college, State university or community agency designated by the Department may organize a Regional Cycle Rider Safety Training Center and may offer cycle rider safety training courses through such Training Centers which it operates. The curriculum and accreditation for the courses, and the geographic areas in which each Training Center may offer the courses, shall be provided for by rules and regulations of the Department. Instructors of such courses shall meet the qualification and certification requirements of the regulations of the Department and the college, university or community agency offering the program and may be employed on a calendar year rather than a school year basis. Such courses shall be open to all residents of the State who hold a currently valid driver's license and who have reached their 16th birthday without regard to whether such person is enrolled in any other course offered by said State or community college, State university or community agency. Such courses may be offered throughout the calendar year. The courses may be offered as credit or noncredit courses, but no fee shall be charged except for a nominal registration fee which shall be refunded upon completion of the course.

(Source: P.A. 86-1005.)

(625 ILCS 35/7) (from Ch. 95 1/2, par. 807)

Sec. 7. The Department is authorized to and shall award contracts out of appropriations to the Department from "The Cycle Rider Safety Training Fund" to qualifying providers Regional Cycle Rider Safety Training Centers for the conduct of approved Cycle Rider Safety Training courses.

(Source: P.A. 82-649.)

(625 ILCS 35/8 new)

Sec. 8. Emergency rulemaking. The Department may implement the changes made by this amendatory Act of the 104th General Assembly through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. For purposes of the Illinois Administrative Procedure Act, the adoption of rules to implement the changes made by this amendatory Act of the 104th General Assembly shall be deemed an emergency and necessary for the public interest, safety, and welfare.

Section 99. Effective date. This Act takes effect January 1, 2026.".