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Public Act 102-0455
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| HB3097 Enrolled | LRB102 16168 RAM 21546 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
27-24.1 as follows:
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(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
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Sec. 27-24.1. Definitions. As used in the Driver Education |
Act unless the context otherwise
requires:
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"State Board" means the State Board of Education. ;
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"Driver education course" and "course" means a course of |
instruction
in the use and operation of cars, including |
instruction in the safe
operation of cars and rules of the |
road, and the laws of this State
relating to motor vehicles, |
and law enforcement procedures during traffic stops, including |
appropriate interactions with law enforcement officers, which |
meets the minimum requirements of this
Act and the rules and |
regulations issued thereunder by the
State Board and has been |
approved by the State
Board as meeting
such requirements. ;
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"Car" means a motor vehicle of the first division as |
defined in the
Illinois Vehicle Code. ;
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"Motorcycle" or "motor driven cycle" means such a vehicle |
as defined
in the Illinois Vehicle Code. ;
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"Driver's license" means any license or permit issued by |
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the
Secretary of State under Chapter 6 of the Illinois Vehicle |
Code.
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"Distance learning program" means a program of study in |
which all participating teachers and students do not |
physically meet in the classroom and instead use the Internet, |
email, or any other method other than the classroom to provide |
instruction. |
With reference to persons, the singular number includes |
the plural
and vice versa, and the masculine gender includes |
the feminine.
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(Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Sections 2-112 and 6-107.5 as follows:
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(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
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Sec. 2-112. Distribution of synopsis laws.
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(a) The Secretary of State may publish a synopsis or |
summary of the laws of
this State regulating the operation of |
vehicles and may deliver a copy
thereof without charge with |
each original vehicle registration and with
each original |
driver's license.
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(b) The Secretary of State shall make any necessary |
revisions in its publications including, but not limited to, |
the Illinois Rules of the Road, to accurately conform its |
publications to the provisions of the Pedestrians with |
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Disabilities Safety Act. |
(c) The Secretary of State shall include, in the Illinois |
Rules of the Road publication, information advising drivers to |
use the Dutch Reach method when opening a vehicle door after |
parallel parking on a street (checking the rear-view mirror, |
checking the side-view mirror, then opening the door with the |
right hand, thereby reducing the risk of injuring a bicyclist |
or opening the door in the path a vehicle approaching from |
behind). |
(d) The Secretary of State shall include, in the Illinois
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Rules of the Road publication, information advising drivers to
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use the zipper merge method when merging into a reduced number
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of lanes (drivers in merging lanes are expected to use both
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lanes to advance to the lane reduction point and merge at that
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location, alternating turns). |
(e) The Secretary of State, in consultation with the |
Illinois State Police, shall include in the Illinois
Rules of |
the Road publication a description of law enforcement |
procedures during traffic stops and the actions that a |
motorist should take during a traffic stop, including |
appropriate interactions with law enforcement officers. |
(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; |
101-174, eff. 1-1-20.)
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(625 ILCS 5/6-107.5) |
Sec. 6-107.5. Adult Driver Education Course. |
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(a) The Secretary shall establish by rule the curriculum |
and designate the materials to be used in an adult driver |
education course. The course shall be at least 6 hours in |
length and shall include instruction on traffic laws; highway |
signs, signals, and markings that regulate, warn, or direct |
traffic; and issues commonly associated with motor vehicle |
accidents including poor decision-making, risk taking, |
impaired driving, distraction, speed, failure to use a safety |
belt, driving at night, failure to yield the right-of-way, |
texting while driving, using wireless communication devices, |
and alcohol and drug awareness; and instruction on law |
enforcement procedures during traffic stops, including actions |
that a motorist should take during a traffic stop and |
appropriate interactions with law enforcement officers. The |
curriculum shall not require the operation of a motor vehicle. |
(b) The Secretary shall certify course providers. The |
requirements to be a certified course provider, the process |
for applying for certification, and the procedure for |
decertifying a course provider shall be established by rule. |
(b-5) In order to qualify for certification as an adult |
driver education course provider, each applicant must |
authorize an investigation that includes a fingerprint-based |
background check to determine if the applicant has ever been |
convicted of a criminal offense and, if so, the disposition of |
any conviction. This authorization shall indicate the scope of |
the inquiry and the agencies that may be contacted. Upon |
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receiving this authorization, the Secretary of State may |
request and receive information and assistance from any |
federal, State, or local governmental agency as part of the |
authorized investigation. Each applicant shall submit his or |
her fingerprints to the Department of State Police in the form |
and manner prescribed by the Department of State Police. These |
fingerprints shall be checked against fingerprint records now |
and hereafter filed in the Department of State Police and |
Federal Bureau of Investigation criminal history record |
databases. The Department of State Police shall charge |
applicants a fee for conducting the criminal history record |
check, which shall be deposited into the State Police Services |
Fund and shall not exceed the actual cost of the State and |
national criminal history record check. The Department of |
State Police shall furnish, pursuant to positive |
identification, records of Illinois criminal convictions to |
the Secretary and shall forward the national criminal history |
record information to the Secretary. Applicants shall pay any |
other fingerprint-related fees. Unless otherwise prohibited by |
law, the information derived from the investigation, including |
the source of the information and any conclusions or |
recommendations derived from the information by the Secretary |
of State, shall be provided to the applicant upon request to |
the Secretary of State prior to any final action by the |
Secretary of State on the application. Any criminal conviction |
information obtained by the Secretary of State shall be |
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confidential and may not be transmitted outside the Office of |
the Secretary of State, except as required by this subsection |
(b-5), and may not be transmitted to anyone within the Office |
of the Secretary of State except as needed for the purpose of |
evaluating the applicant. At any administrative hearing held |
under Section 2-118 of this Code relating to the denial, |
cancellation, suspension, or revocation of certification of an |
adult driver education course provider, the Secretary of State |
may utilize at that hearing any criminal history, criminal |
conviction, and disposition information obtained under this |
subsection (b-5). The information obtained from the |
investigation may be maintained by the Secretary of State or |
any agency to which the information was transmitted. Only |
information and standards which bear a reasonable and rational |
relation to the performance of providing adult driver |
education shall be used by the Secretary of State. Any |
employee of the Secretary of State who gives or causes to be |
given away any confidential information concerning any |
criminal convictions or disposition of criminal convictions of |
an applicant shall be guilty of a Class A misdemeanor unless |
release of the information is authorized by this Section. |
(c) The Secretary may permit a course provider to offer |
the course online, if the Secretary is satisfied the course |
provider has established adequate procedures for verifying: |
(1) the identity of the person taking the course |
online; and |
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(2) the person completes the entire course. |
(d) The Secretary shall establish a method of electronic |
verification of a student's successful completion of the |
course. |
(e) The fee charged by the course provider must bear a |
reasonable relationship to the cost of the course. The |
Secretary shall post on the Secretary of State's website a |
list of approved course providers, the fees charged by the |
providers, and contact information for each provider. |
(f) In addition to any other fee charged by the course |
provider, the course provider shall collect a fee of $5 from |
each student to offset the costs incurred by the Secretary in |
administering this program. The $5 shall be submitted to the |
Secretary within 14 days of the day on which it was collected. |
All such fees received by the Secretary shall be deposited in |
the Secretary of State Driver Services Administration Fund.
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(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)
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