Full Text of SB2135 97th General Assembly
SB2135sam004 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 2135
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2135, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Section 6-411 as follows:
| 7 | | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| 8 | | Sec. 6-411. Qualifications of Driver Training Instructors. | 9 | | (1) In order to
qualify for a license as an instructor for | 10 | | a driving school, an applicant must:
| 11 | | (a) Be of good moral character;
| 12 | | (b) Authorize an investigation to include a | 13 | | fingerprint based background
check to determine if the | 14 | | applicant has ever
been convicted of a crime and if so, the | 15 | | disposition of those convictions;
this authorization shall | 16 | | indicate the scope of the inquiry and the agencies
which |
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| 1 | | may be contacted. Upon this authorization the Secretary of | 2 | | State
may request and receive information and assistance | 3 | | from any federal, state
or local governmental agency as | 4 | | part of the authorized investigation.
Each applicant shall | 5 | | submit his or her fingerprints to
the Department
of State | 6 | | Police in the form and manner prescribed by the Department | 7 | | of State
Police. These fingerprints shall be checked | 8 | | against the fingerprint records now
and hereafter filed in | 9 | | the Department of State
Police and Federal Bureau of | 10 | | Investigation criminal history records
databases. The | 11 | | Department of State Police shall charge
a fee for | 12 | | conducting the criminal history records check, which shall | 13 | | be
deposited in the State Police Services Fund and shall | 14 | | not exceed the actual
cost of the records check. The | 15 | | applicant shall be required to pay all related
fingerprint | 16 | | fees including, but not limited to, the amounts established | 17 | | by the
Department of State Police and the Federal Bureau of | 18 | | Investigation to process
fingerprint based criminal | 19 | | background investigations.
The
Department of State Police | 20 | | shall provide information concerning any criminal
| 21 | | convictions, and their disposition, brought against the | 22 | | applicant upon request
of the Secretary of State when the | 23 | | request is made in the form and manner
required by the | 24 | | Department of State Police. Unless otherwise prohibited by
| 25 | | law, the information derived
from this investigation | 26 | | including the source of this information, and any
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| 1 | | conclusions or recommendations derived from this | 2 | | information by the Secretary
of State shall be provided to | 3 | | the applicant, or his designee, upon request
to the | 4 | | Secretary of State, prior to any final action by the
| 5 | | Secretary of State on the application. Any criminal
| 6 | | convictions and their disposition information obtained by | 7 | | the Secretary
of State shall be confidential and may not be | 8 | | transmitted outside the Office
of the Secretary of State, | 9 | | except as required herein, and may not be
transmitted to | 10 | | anyone within the Office of the Secretary of State except | 11 | | as
needed for
the purpose of evaluating the applicant. The | 12 | | information obtained from this
investigation may be | 13 | | maintained by the
Secretary of State or
any agency to which | 14 | | such information was
transmitted. Only information
and | 15 | | standards which bear a reasonable and rational relation to | 16 | | the performance
of a driver training instructor shall be | 17 | | used by the Secretary of State.
Any employee of the | 18 | | Secretary of State who gives or causes to be given away
any | 19 | | confidential information concerning any
criminal charges | 20 | | and their disposition of an applicant shall be guilty of
a | 21 | | Class A misdemeanor unless release of such information is | 22 | | authorized by this
Section;
| 23 | | (c) Pass such examination as the Secretary of State | 24 | | shall require on (1)
traffic laws, (2) safe driving | 25 | | practices, (3) operation of motor vehicles,
and (4) | 26 | | qualifications of teacher;
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| 1 | | (d) Be physically able to operate safely a motor | 2 | | vehicle and to train
others in the operation of motor | 3 | | vehicles. An instructors license application
must be | 4 | | accompanied by a medical examination report completed by a | 5 | | competent
physician licensed to practice in the State of | 6 | | Illinois;
| 7 | | (e) Hold a valid Illinois drivers license;
| 8 | | (f) Have graduated from an accredited high school after | 9 | | at least 4 years
of high school education or the | 10 | | equivalent; and
| 11 | | (g) Pay to the Secretary of State an application and | 12 | | license fee of $70.
| 13 | | (2) If a driver training school class room instructor or | 14 | | behind-the-wheel instructor teaches an approved driver
| 15 | | education course, as defined in Section 1-103 of this Code, to | 16 | | students
under 18 years of age, the instructor must meet the | 17 | | following requirements in addition to the requirements | 18 | | contained in subsection (1) of this Section: | 19 | | (a) the instructor must have completed 3 consecutive | 20 | | courses in driver task analysis, class room knowledge, and | 21 | | vehicle operational and instructional skills at a State of | 22 | | Illinois accredited university, college, or community | 23 | | college. The courses shall include no less than 8 hours of | 24 | | classroom observation including instructional | 25 | | participation and 12 hours of driving observation | 26 | | including instructional participation of a qualified |
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| 1 | | State-licensed or Illinois State Board of Education | 2 | | certified and endorsed driving instructor. Before | 3 | | licensure by the Secretary of State, an instructor who has | 4 | | completed these courses in another state shall have the | 5 | | coursework evaluated and approved by a State of Illinois | 6 | | accredited university, college, or community college that | 7 | | offers such courses; | 8 | | (b) the instructor must have passed a standardized | 9 | | Illinois minimal competency instructor exam on how to teach | 10 | | driver education as administered by an accredited State | 11 | | university, college, or community college; | 12 | | (c) the instructor must qualify for relicensing every 2 | 13 | | years through participation in 15 hours of continuing | 14 | | education to improve driver education teaching competency. | 15 | | The professional development training may be obtained | 16 | | through a State agency, college, or university or | 17 | | professional education organization. Professional | 18 | | development hours shall be accepted for the purpose of | 19 | | enhancing instructional knowledge and skills in support of | 20 | | teaching driver education best practices. The instructor | 21 | | must maintain a professional development file that | 22 | | includes the agenda, objectives, time schedule, and all | 23 | | completion certificates for the continuing education, | 24 | | which must be submitted every 2 years to the Secretary of | 25 | | State for approval, collection, and storage; | 26 | | (d) the instructor must submit to a teaching |
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| 1 | | observation and evaluation by a State official every 2 | 2 | | years; and | 3 | | (e) the instructor must use the National Driver | 4 | | Education Standards curriculum. The curriculum must be | 5 | | endorsed by the Illinois State Board of Education for both | 6 | | public and commercial driving schools. A driver training | 7 | | school class room instructor or behind-the-wheel | 8 | | instructor under this subsection (e) shall require | 9 | | students under 18 years of age to obtain at least 6 hours | 10 | | of in-car driving observation of another student that is | 11 | | under the direct supervision of an instructor meeting the | 12 | | qualifications contained in this Section. The curriculum | 13 | | required under this subsection (e) shall include but is not | 14 | | limited to the following: | 15 | | (i) elements of distracted driving, including text | 16 | | messaging and cell phone use; | 17 | | (ii) highway construction and maintenance zones; | 18 | | (iii) railroad crossing safety; | 19 | | (iv) alcohol and drug use prevention awareness; | 20 | | (v) organ donation education; | 21 | | (vi) a unit on driving laws that pertain primarily | 22 | | to teen drivers, including graduated driver's license | 23 | | requirements, curfew laws, and zero tolerance; | 24 | | (vii) an educationally sound, widely accepted | 25 | | driver education textbook that will be provided for | 26 | | purchase or loan, to be kept by each student throughout |
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| 1 | | the duration of the course for use at both home and | 2 | | school; | 3 | | (viii) if feasible, professional speakers | 4 | | discussing traffic safety and other related topics; | 5 | | (ix) use of an educationally sound, widely | 6 | | accepted driver education instructor's textbook; and | 7 | | (ix) a State-approved standardized final exam to | 8 | | insure minimal student competency in the classroom | 9 | | portion of the course. | 10 | | (3) If a driver training school class room instructor or | 11 | | behind-the-wheel instructor teaches an approved driver
| 12 | | education course, as defined in Section 1-103 of this Code, to | 13 | | students
under 18 years of age, the instructor shall be subject | 14 | | to oversight by the Secretary of State. The collection and | 15 | | storage of all personnel teaching credentials, instructor | 16 | | teaching certificates or licenses, endorsements or other | 17 | | credentials, will be required of the Secretary of State. | 18 | | (4) Except as otherwise provided in this Section, effective | 19 | | January 1, 2012, any person holding, or any applicant for, a | 20 | | commercial driving school instructor's license to teach teens | 21 | | issued by the Secretary of State, must complete the courses | 22 | | required by paragraphs (a) and (b) of subsection (2) of this | 23 | | Section by July 1, 2014. As of January 1, 2012, any person | 24 | | holding a commercial driving school instructor's license to | 25 | | teach teens, issued by the Secretary of State, that has 5 or | 26 | | more continuous years teaching at a teen-accredited commercial |
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| 1 | | driving school licensed by the Secretary, is exempt from | 2 | | paragraphs (a) and (b) of subsection (2) of this Section. | 3 | | (5) If a driver training school class room instructor or | 4 | | behind-the-wheel instructor teaches an approved driver
| 5 | | education course, as defined in Section 1-103 of this Code, to | 6 | | students
under 18 years of age, he or she shall furnish to
the | 7 | | Secretary of State a certificate issued by the State Board of | 8 | | Education
that the said instructor is qualified and meets the | 9 | | minimum educational
standards for teaching driver education | 10 | | courses in the local public or
parochial school systems, except | 11 | | that no State Board of Education certification
shall be | 12 | | required of any instructor who teaches exclusively in a
| 13 | | commercial driving school unless that same commercial driving | 14 | | school is in a contractual relationship with a public school | 15 | | for the purpose of teaching an approved driver education course | 16 | | as defined by Section 1-103 of this Code . On and after July 1, | 17 | | 1986, the existing
rules and regulations of the State
Board of | 18 | | Education concerning commercial driving schools shall continue | 19 | | to
remain in effect and but shall be administered by the | 20 | | Secretary of State until
such time as the Secretary of State | 21 | | shall amend or repeal the rules in
accordance with the Illinois | 22 | | Administrative Procedure Act. Upon request,
the Secretary of | 23 | | State shall issue a certificate of completion to a student
| 24 | | under 18 years of age who has completed an approved driver | 25 | | education course
at a commercial driving school.
| 26 | | (7) The Secretary of State is responsible for overseeing |
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| 1 | | each commercial driving school and shall make available | 2 | | verification that each instructor has met all instructor | 3 | | licensing requirements. | 4 | | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; | 5 | | 96-962, eff. 7-2-10.)".
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