State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 1240

 2        AMENDMENT NO.     .  Amend Senate Bill 1240 by  replacing
 3    everything after the enacting clause with the following:

 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
                            -2-              LRB9201722NTsbam
 1        influence of alcohol, drugs, or  intoxicating  compounds,
 2        leaving  the  scene  of  an  accident  involving personal
 3        injury or death,  or  reckless  homicide  and  has  never
 4        received  a  statutory  summary  suspension of his or her
 5        driver's license.
 6        (b)  A parent or guardian electing to teach  his  or  her
 7    child's   driver  education  course  must  maintain  adequate
 8    records, as  prescribed  by  rule  by  the  State  Board,  to
 9    demonstrate  that  approved  driver  education  material  was
10    completed  and  must  provide  those records to the person or
11    company  providing  the  driver  education  materials.    The
12    parent or guardian must demonstrate proof of insurance to the
13    person or company providing the driver education materials.
14        (c)  The student driver must spend the minimum number  of
15    hours  provided  by  rule  of  the  State  Board in classroom
16    instruction and practice driving instruction.
17        (d)  Any parent  or  guardian-directed  driver  education
18    course must meet with the approval of the State Board.
19        (e)  The  State Board may not approve a course unless the
20    State Board determines that the course materials are at least
21    equal to those required in a school-based course approved  by
22    the  State  Board.  The State Board, however, may not require
23    that the classroom instruction be provided in a  room  having
24    particular  characteristics  or equipment or that the vehicle
25    used for the  practice  driving  instruction  have  equipment
26    other  than  the equipment required by law for operation on a
27    highway.
28        (f)  Before  the  State  Board  may  approve   a   driver
29    education  course,  the person or company offering the course
30    materials must register with the Secretary  of  State  to  do
31    business  in  Illinois  and  must have professional liability
32    insurance  for  the  course  materials  and   company   being
33    considered.   The company's insurance policy must include the
34    State of Illinois as an additional insured.
                            -3-              LRB9201722NTsbam
 1        (g)  The  State  Board  shall  supply  to  companies with
 2    approved driver education courses any applications and  other
 3    materials necessary for obtaining an instruction permit under
 4    the Illinois Vehicle Code.
 5        (h)  The  rules  adopted  by the State Board must include
 6    requirements for obtaining approval  of  a  driver  education
 7    course  and  for proof of completion of an approved parent or
 8    guardian-directed driver education course.
 9        (i)  Completion of a parent or  guardian-directed  driver
10    education course approved under this Section is equivalent to
11    completion of a school-based driver education course approved
12    by the State Board.
13        (j)  Students      participating     in     parent     or
14    guardian-directed driver education courses  approved  by  the
15    State  Board  must  meet  current  academic  requirements for
16    participating in driver education under  Section  27-24.2  of
17    this Code.
18        (k)  In  order  for  a parent or guardian-directed driver
19    education course to be approved, the parent or guardian  must
20    perform  at  least  50 hours of practice driving instruction,
21    including 10 hours of practice driving instruction during the
22    nighttime hours.
23        (l)  The State Board shall make  a  listing  of  approved
24    driver education courses available on its website.

25        (105 ILCS 5/27-24.10 new)
26        Sec.  27-14.10. Unauthorized transfer of a certificate of
27    completion of  a  driver  education  course.  Any  parent  or
28    guardian  who  knowingly  sells, trades, issues, or otherwise
29    transfers or possesses with intent to sell, trade, issue,  or
30    otherwise  transfer  a  certificate of completion of a driver
31    education course to an individual, firm, or  corporation  not
32    authorized  to possess the certificate is guilty of a Class C
33    misdemeanor.
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 1        (105 ILCS 5/27-24.11 new)
 2        Sec. 27-24.11.  Unauthorized possession of a  certificate
 3    of  completion  of  a  driver education course. Any parent or
 4    guardian who knowingly possesses a certificate of  completion
 5    of a driver education course when he or she is not authorized
 6    to   possess   the   certificate  is  guilty  of  a  Class  C
 7    misdemeanor.

 8        (105 ILCS 5/27-24.12 new)
 9        Sec.  27-24.12.  State  Board's  response   to   possible
10    violations.  If  a  member of the State Board believes that a
11    company providing driver education materials or a  parent  or
12    guardian  has  violated  any  provision  of  Sections 27-24.9
13    through 27-24.11 of this Code or a rule adopted  under  those
14    Sections,   the   State  Board  may,  without  notice,  order
15    appropriate sanctions.

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

18        (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
19        Sec. 6-107.  Graduated license.
20        (a)  The  purpose  of the Graduated  Licensing Program is
21    to  develop  safe  and  mature  driving  habits   in   young,
22    inexperienced  drivers  and  reduce  or prevent motor vehicle
23    accidents, fatalities, and injuries by:
24             (1)  providing  for  an  increase  in  the  time  of
25        practice period before granting permission  to  obtain  a
26        driver's license;
27             (2)  strengthening   driver  licensing  and  testing
28        standards for persons under the age of 21 years;
29             (3)  sanctioning driving privileges of drivers under
30        age 21 who have committed serious traffic  violations  or
31        other specified offenses; and
                            -5-              LRB9201722NTsbam
 1             (4)  setting   stricter  standards  to  promote  the
 2        public's health and safety.
 3        (b)    The application of any person under the age of  18
 4    years, and not legally emancipated by marriage, for a drivers
 5    license or permit to operate a motor vehicle issued under the
 6    laws  of  this  State,  shall  be  accompanied by the written
 7    consent of either parent of the applicant; otherwise  by  the
 8    guardian  having  custody  of  the applicant, or in the event
 9    there is no parent or guardian, then by  another  responsible
10    adult.
11        No  graduated  driver's  license  shall  be issued to any
12    applicant under 18 years of age, unless the applicant has:
13             (1)  Held a valid instruction permit for  a  minimum
14        of 3 months.
15             (2)  Passed  an approved driver education course and
16        submits proof of having  passed  the  course  as  may  be
17        required.
18             (3)  certification by the parent, legal guardian, or
19        responsible adult that the applicant has had a minimum of
20        25   hours  of  behind-the-wheel  practice  time  and  is
21        sufficiently prepared and able to safely operate a  motor
22        vehicle.  Performance  of the required number of hours of
23        practice driving instruction provided for  under  Section
24        27-24.9  of  the School Code is sufficient for compliance
25        with this paragraph (3).
26        (c)  No graduated driver's license  or  permit  shall  be
27    issued  to  any  applicant  under  18  years  of  age who has
28    committed the offense of operating a motor vehicle without  a
29    valid license or permit in violation of Section 6-101 of this
30    Code  and  no  graduated  driver's license or permit shall be
31    issued to any applicant under  18  years  of  age    who  has
32    committed  an  offense  that  would  otherwise  result  in  a
33    mandatory  revocation  of  a license or permit as provided in
34    Section 6-205 of this Code or who has been  either  convicted
                            -6-              LRB9201722NTsbam
 1    of  or adjudicated a delinquent based upon a violation of the
 2    Cannabis Control Act or the  Illinois  Controlled  Substances
 3    Act,  while that individual was in actual physical control of
 4    a motor vehicle. For purposes of  this  Section,  any  person
 5    placed  on probation under Section 10 of the Cannabis Control
 6    Act or Section 410 of the Illinois Controlled Substances  Act
 7    shall not be considered convicted. Any person found guilty of
 8    this  offense,  while  in  actual physical control of a motor
 9    vehicle, shall have an entry made in the court record by  the
10    judge  that  this  offense  did occur while the person was in
11    actual physical control of a  motor  vehicle  and  order  the
12    clerk  of  the court to report the violation to the Secretary
13    of State as such.
14        (d)  No graduated driver's license shall be issued for  6
15    months  to  any  applicant  under the age of 18 years who has
16    been convicted of any offense defined as  a  serious  traffic
17    violation  in  this  Code  or  a similar provision of a local
18    ordinance.
19        (e)  No graduated driver's license holder under  the  age
20    of  18  years shall operate any motor vehicle, except a motor
21    driven cycle or motorcycle, with  more than one passenger  in
22    the front seat of the motor vehicle and no more passengers in
23    the back seats than the number of available seat safety belts
24    as set forth in Section 12-603 of this Code.
25        (f)  No  graduated  driver's license holder under the age
26    of 18 shall operate a motor vehicle unless  each  driver  and
27    front or back seat passenger under the age of 18 is wearing a
28    properly adjusted and fastened seat safety belt.
29    (Source: P.A. 90-369, eff. 1-1-98.)".

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