State of Illinois
92nd General Assembly

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 1        AN ACT respecting education.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section   27-24   and   adding  Sections  27-24.9,  27-24.10,
 6    27-24.11, and 27-24.12 as follows:

 7        (105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
 8        Sec.  27-24.   Short  title.    Sections  27-24   through
 9    27-24.12  27-24.8  of  this Code Article are known and may be
10    cited as the Driver Education Act.
11    (Source: P. A. 76-1835.)

12        (105 ILCS 5/27-24.9 new)
13        Sec.   27-24.9.  Parent   or   guardian-directed   driver
14    education.
15        (a)  A parent or legal guardian may elect to teach his or
16    her  child's  driver  education  course  if  the  parent   or
17    guardian:
18             (1)  is a licensed driver;
19             (2)  has   not  had  his  or  her  driver's  license
20        suspended within the past 5 years; and
21             (3)  has never been convicted of driving  under  the
22        influence  of  alcohol, drugs, or intoxicating compounds,
23        leaving the  scene  of  an  accident  involving  personal
24        injury  or  death,  or  reckless  homicide  and has never
25        received a statutory summary suspension  of  his  or  her
26        driver's license.
27        (b)  A  parent  or  guardian electing to teach his or her
28    child's  driver  education  course  must  maintain   adequate
29    records,  as  prescribed  by  rule  by  the  State  Board, to
30    demonstrate  that  approved  driver  education  material  was
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 1    completed and must provide those records  to  the  person  or
 2    company  providing  the  driver  education  materials.    The
 3    parent or guardian must demonstrate proof of insurance to the
 4    person or company providing the driver education materials.
 5        (c)  The  student driver must spend the minimum number of
 6    hours provided by  rule  of  the  State  Board  in  classroom
 7    instruction and practice driving instruction.
 8        (d)  Any  parent  or  guardian-directed  driver education
 9    course must meet with the approval of the State Board.
10        (e)  The State Board may not approve a course unless  the
11    State Board determines that the course materials are at least
12    equal  to those required in a school-based course approved by
13    the State Board. The State Board, however,  may  not  require
14    that  the  classroom instruction be provided in a room having
15    particular characteristics or equipment or that  the  vehicle
16    used  for  the  practice  driving  instruction have equipment
17    other than the equipment required by law for operation  on  a
18    highway.
19        (f)  Before   the   State  Board  may  approve  a  driver
20    education course, the person or company offering  the  course
21    materials  must  register  with  the Secretary of State to do
22    business in Illinois and  must  have  professional  liability
23    insurance   for   the  course  materials  and  company  being
24    considered.   The company's insurance policy must include the
25    State of Illinois as an additional insured.
26        (g)  The State  Board  shall  supply  to  companies  with
27    approved  driver education courses any applications and other
28    materials necessary for obtaining an instruction permit under
29    the Illinois Vehicle Code.
30        (h)  The rules adopted by the State  Board  must  include
31    requirements  for  obtaining  approval  of a driver education
32    course and for proof of completion of an approved  parent  or
33    guardian-directed driver education course.
34        (i)  Completion  of  a parent or guardian-directed driver
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 1    education course approved under this Section is equivalent to
 2    completion of a school-based driver education course approved
 3    by the State Board.
 4        (j)  Students     participating     in     parent      or
 5    guardian-directed  driver  education  courses approved by the
 6    State Board  must  meet  current  academic  requirements  for
 7    participating  in  driver  education under Section 27-24.2 of
 8    this Code.
 9        (k)  In order for a parent  or  guardian-directed  driver
10    education  course to be approved, the parent or guardian must
11    perform at least 50 hours of  practice  driving  instruction,
12    including 10 hours of practice driving instruction during the
13    nighttime hours.
14        (l)  The  State  Board  shall  make a listing of approved
15    driver education courses available on its website.

16        (105 ILCS 5/27-24.10 new)
17        Sec. 27-24.10. Unauthorized transfer of a certificate  of
18    completion  of  a  driver  education  course.  Any  parent or
19    guardian who knowingly sells, trades,  issues,  or  otherwise
20    transfers  or possesses with intent to sell, trade, issue, or
21    otherwise transfer a certificate of completion  of  a  driver
22    education  course  to an individual, firm, or corporation not
23    authorized to possess the certificate is guilty of a Class  C
24    misdemeanor.

25        (105 ILCS 5/27-24.11 new)
26        Sec.  27-24.11.  Unauthorized possession of a certificate
27    of completion of a driver education  course.  Any  parent  or
28    guardian  who knowingly possesses a certificate of completion
29    of a driver education course when he or she is not authorized
30    to  possess  the  certificate  is  guilty  of   a   Class   C
31    misdemeanor.

SB1240 Engrossed            -4-                LRB9201722NTpr
 1        (105 ILCS 5/27-24.12 new)
 2        Sec.   27-24.12.  State   Board's  response  to  possible
 3    violations. If a member of the State Board  believes  that  a
 4    company  providing  driver education materials or a parent or
 5    guardian has  violated  any  provision  of  Sections  27-24.9
 6    through  27-24.11  of this Code or a rule adopted under those
 7    Sections,  the  State  Board  may,  without   notice,   order
 8    appropriate sanctions.

 9        Section  10.   The  Illinois  Vehicle  Code is amended by
10    changing Section 6-107 as follows:

11        (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
12        Sec. 6-107.  Graduated license.
13        (a)  The purpose of the Graduated  Licensing  Program  is
14    to   develop   safe  and  mature  driving  habits  in  young,
15    inexperienced drivers and reduce  or  prevent  motor  vehicle
16    accidents, fatalities, and injuries by:
17             (1)  providing  for  an  increase  in  the  time  of
18        practice  period  before  granting permission to obtain a
19        driver's license;
20             (2)  strengthening  driver  licensing  and   testing
21        standards for persons under the age of 21 years;
22             (3)  sanctioning driving privileges of drivers under
23        age  21  who have committed serious traffic violations or
24        other specified offenses; and
25             (4)  setting  stricter  standards  to  promote   the
26        public's health and safety.
27        (b)     The application of any person under the age of 18
28    years, and not legally emancipated by marriage, for a drivers
29    license or permit to operate a motor vehicle issued under the
30    laws of this State,  shall  be  accompanied  by  the  written
31    consent  of  either parent of the applicant; otherwise by the
32    guardian having custody of the applicant,  or  in  the  event
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 1    there  is  no parent or guardian, then by another responsible
 2    adult.
 3        No graduated driver's license  shall  be  issued  to  any
 4    applicant under 18 years of age, unless the applicant has:
 5             (1)  Held  a  valid instruction permit for a minimum
 6        of 3 months.
 7             (2)  Passed an approved driver education course  and
 8        submits  proof  of  having  passed  the  course as may be
 9        required.
10             (3)  certification by the parent, legal guardian, or
11        responsible adult that the applicant has had a minimum of
12        25  hours  of  behind-the-wheel  practice  time  and   is
13        sufficiently  prepared and able to safely operate a motor
14        vehicle. Performance of the required number of  hours  of
15        practice  driving  instruction provided for under Section
16        27-24.9 of the School Code is sufficient  for  compliance
17        with this paragraph (3).
18        (c)  No  graduated  driver's  license  or permit shall be
19    issued to any  applicant  under  18  years  of  age  who  has
20    committed  the offense of operating a motor vehicle without a
21    valid license or permit in violation of Section 6-101 of this
22    Code and no graduated driver's license  or  permit  shall  be
23    issued  to  any  applicant  under  18  years  of age  who has
24    committed  an  offense  that  would  otherwise  result  in  a
25    mandatory revocation of a license or permit  as  provided  in
26    Section  6-205  of this Code or who has been either convicted
27    of or adjudicated a delinquent based upon a violation of  the
28    Cannabis  Control  Act  or the Illinois Controlled Substances
29    Act, while that individual was in actual physical control  of
30    a  motor  vehicle.  For  purposes of this Section, any person
31    placed on probation under Section 10 of the Cannabis  Control
32    Act  or Section 410 of the Illinois Controlled Substances Act
33    shall not be considered convicted. Any person found guilty of
34    this offense, while in actual physical  control  of  a  motor
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 1    vehicle,  shall have an entry made in the court record by the
 2    judge that this offense did occur while  the  person  was  in
 3    actual  physical  control  of  a  motor vehicle and order the
 4    clerk of the court to report the violation to  the  Secretary
 5    of State as such.
 6        (d)  No  graduated driver's license shall be issued for 6
 7    months to any applicant under the age of  18  years  who  has
 8    been  convicted  of  any offense defined as a serious traffic
 9    violation in this Code or a  similar  provision  of  a  local
10    ordinance.
11        (e)  No  graduated  driver's license holder under the age
12    of 18 years shall operate any motor vehicle, except  a  motor
13    driven  cycle or motorcycle, with  more than one passenger in
14    the front seat of the motor vehicle and no more passengers in
15    the back seats than the number of available seat safety belts
16    as set forth in Section 12-603 of this Code.
17        (f)  No graduated driver's license holder under  the  age
18    of  18  shall  operate a motor vehicle unless each driver and
19    front or back seat passenger under the age of 18 is wearing a
20    properly adjusted and fastened seat safety belt.
21    (Source: P.A. 90-369, eff. 1-1-98.)

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