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92_SB1240sam001 LRB9201722NTsbam 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
27-24.8of this Code Articleare 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. -4- LRB9201722NTsbam 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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