Illinois General Assembly - Full Text of HB4562
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Full Text of HB4562  98th General Assembly

HB4562 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4562

 

Introduced , by Rep. John D'Amico

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-103  from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-107.5
625 ILCS 5/6-401  from Ch. 95 1/2, par. 6-401

    Amends the Illinois Vehicle Code. Provides that persons at least 18 years of age but less than 21 years of age do not have to complete an adult driver education course if they complete the classroom portion of an approved driver education course. Provides that persons who hold a driver's license prior to July 1, 2014 may retain that license without completing an adult driver education course. Provides that persons who hold an instruction permit prior to July 1, 2014 may retain the instruction permit and are eligible to receive a driver's license without completing an adult driver education course. Provides that on or after July 1, 2014, persons may receive and retain an instruction permit prior to completing an adult driver education course, but must complete the course before being issued a driver's license. Provides that the Secretary of State is not required to post the fees charged by approved adult driver education course providers on the Secretary's website, but that the Secretary shall include each course provider's website among that course provider's contact information. Requires adult driver education course providers to state all fees charged by the course provider on its website. Provides that entities providing adult driver education courses solely via the Internet do not need to acquire an instructor's license from the Secretary of State. Provides that any person found guilty of operating a driver training school without a license shall be guilty of a Class A misdemeanor with a minimum fine of $1,000 for a first offense, and a Class 4 felony with a minimum fine of $2,500 for a second offense. Effective July 1, 2014.


LRB098 15926 MLW 50973 b

 

 

A BILL FOR

 

HB4562LRB098 15926 MLW 50973 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-103, 6-107.5, and 6-401 as follows:
 
6    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
7    (Text of Section before amendment by P.A. 98-167)
8    Sec. 6-103. What persons shall not be licensed as drivers
9or granted permits. The Secretary of State shall not issue,
10renew, or allow the retention of any driver's license nor issue
11any permit under this Code:
12        1. To any person, as a driver, who is under the age of
13    18 years except as provided in Section 6-107, and except
14    that an instruction permit may be issued under Section
15    6-107.1 to a child who is not less than 15 years of age if
16    the child is enrolled in an approved driver education
17    course as defined in Section 1-103 of this Code and
18    requires an instruction permit to participate therein,
19    except that an instruction permit may be issued under the
20    provisions of Section 6-107.1 to a child who is 17 years
21    and 3 months of age without the child having enrolled in an
22    approved driver education course and except that an
23    instruction permit may be issued to a child who is at least

 

 

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1    15 years and 3 months of age, is enrolled in school, meets
2    the educational requirements of the Driver Education Act,
3    and has passed examinations the Secretary of State in his
4    or her discretion may prescribe;
5        2. To any person who is under the age of 18 as an
6    operator of a motorcycle other than a motor driven cycle
7    unless the person has, in addition to meeting the
8    provisions of Section 6-107 of this Code, successfully
9    completed a motorcycle training course approved by the
10    Illinois Department of Transportation and successfully
11    completes the required Secretary of State's motorcycle
12    driver's examination;
13        3. To any person, as a driver, whose driver's license
14    or permit has been suspended, during the suspension, nor to
15    any person whose driver's license or permit has been
16    revoked, except as provided in Sections 6-205, 6-206, and
17    6-208;
18        4. To any person, as a driver, who is a user of alcohol
19    or any other drug to a degree that renders the person
20    incapable of safely driving a motor vehicle;
21        5. To any person, as a driver, who has previously been
22    adjudged to be afflicted with or suffering from any mental
23    or physical disability or disease and who has not at the
24    time of application been restored to competency by the
25    methods provided by law;
26        6. To any person, as a driver, who is required by the

 

 

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1    Secretary of State to submit an alcohol and drug evaluation
2    or take an examination provided for in this Code unless the
3    person has successfully passed the examination and
4    submitted any required evaluation;
5        7. To any person who is required under the provisions
6    of the laws of this State to deposit security or proof of
7    financial responsibility and who has not deposited the
8    security or proof;
9        8. To any person when the Secretary of State has good
10    cause to believe that the person by reason of physical or
11    mental disability would not be able to safely operate a
12    motor vehicle upon the highways, unless the person shall
13    furnish to the Secretary of State a verified written
14    statement, acceptable to the Secretary of State, from a
15    competent medical specialist, a licensed physician
16    assistant who has been delegated the performance of medical
17    examinations by his or her supervising physician, or a
18    licensed advanced practice nurse who has a written
19    collaborative agreement with a collaborating physician
20    which authorizes him or her to perform medical
21    examinations, to the effect that the operation of a motor
22    vehicle by the person would not be inimical to the public
23    safety;
24        9. To any person, as a driver, who is 69 years of age
25    or older, unless the person has successfully complied with
26    the provisions of Section 6-109;

 

 

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1        10. To any person convicted, within 12 months of
2    application for a license, of any of the sexual offenses
3    enumerated in paragraph 2 of subsection (b) of Section
4    6-205;
5        11. To any person who is under the age of 21 years with
6    a classification prohibited in paragraph (b) of Section
7    6-104 and to any person who is under the age of 18 years
8    with a classification prohibited in paragraph (c) of
9    Section 6-104;
10        12. To any person who has been either convicted of or
11    adjudicated under the Juvenile Court Act of 1987 based upon
12    a violation of the Cannabis Control Act, the Illinois
13    Controlled Substances Act, or the Methamphetamine Control
14    and Community Protection Act while that person was in
15    actual physical control of a motor vehicle. For purposes of
16    this Section, any person placed on probation under Section
17    10 of the Cannabis Control Act, Section 410 of the Illinois
18    Controlled Substances Act, or Section 70 of the
19    Methamphetamine Control and Community Protection Act shall
20    not be considered convicted. Any person found guilty of
21    this offense, while in actual physical control of a motor
22    vehicle, shall have an entry made in the court record by
23    the judge that this offense did occur while the person was
24    in actual physical control of a motor vehicle and order the
25    clerk of the court to report the violation to the Secretary
26    of State as such. The Secretary of State shall not issue a

 

 

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1    new license or permit for a period of one year;
2        13. To any person who is under the age of 18 years and
3    who has committed the offense of operating a motor vehicle
4    without a valid license or permit in violation of Section
5    6-101 or a similar out of state offense;
6        14. To any person who is 90 days or more delinquent in
7    court ordered child support payments or has been
8    adjudicated in arrears in an amount equal to 90 days'
9    obligation or more and who has been found in contempt of
10    court for failure to pay the support, subject to the
11    requirements and procedures of Article VII of Chapter 7 of
12    the Illinois Vehicle Code;
13        14.5. To any person certified by the Illinois
14    Department of Healthcare and Family Services as being 90
15    days or more delinquent in payment of support under an
16    order of support entered by a court or administrative body
17    of this or any other State, subject to the requirements and
18    procedures of Article VII of Chapter 7 of this Code
19    regarding those certifications;
20        15. To any person released from a term of imprisonment
21    for violating Section 9-3 of the Criminal Code of 1961 or
22    the Criminal Code of 2012, or a similar provision of a law
23    of another state relating to reckless homicide or for
24    violating subparagraph (F) of paragraph (1) of subsection
25    (d) of Section 11-501 of this Code relating to aggravated
26    driving under the influence of alcohol, other drug or

 

 

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1    drugs, intoxicating compound or compounds, or any
2    combination thereof, if the violation was the proximate
3    cause of a death, within 24 months of release from a term
4    of imprisonment;
5        16. To any person who, with intent to influence any act
6    related to the issuance of any driver's license or permit,
7    by an employee of the Secretary of State's Office, or the
8    owner or employee of any commercial driver training school
9    licensed by the Secretary of State, or any other individual
10    authorized by the laws of this State to give driving
11    instructions or administer all or part of a driver's
12    license examination, promises or tenders to that person any
13    property or personal advantage which that person is not
14    authorized by law to accept. Any persons promising or
15    tendering such property or personal advantage shall be
16    disqualified from holding any class of driver's license or
17    permit for 120 consecutive days. The Secretary of State
18    shall establish by rule the procedures for implementing
19    this period of disqualification and the procedures by which
20    persons so disqualified may obtain administrative review
21    of the decision to disqualify;
22        17. To any person for whom the Secretary of State
23    cannot verify the accuracy of any information or
24    documentation submitted in application for a driver's
25    license; or
26        18. To any person who has been adjudicated under the

 

 

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1    Juvenile Court Act of 1987 based upon an offense that is
2    determined by the court to have been committed in
3    furtherance of the criminal activities of an organized
4    gang, as provided in Section 5-710 of that Act, and that
5    involved the operation or use of a motor vehicle or the use
6    of a driver's license or permit. The person shall be denied
7    a license or permit for the period determined by the court.
8    The Secretary of State shall retain all conviction
9information, if the information is required to be held
10confidential under the Juvenile Court Act of 1987.
11(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
1296-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
137-22-11; 97-1150, eff. 1-25-13.)
 
14    (Text of Section after amendment by P.A. 98-167)
15    Sec. 6-103. What persons shall not be licensed as drivers
16or granted permits. The Secretary of State shall not issue,
17renew, or allow the retention of any driver's license nor issue
18any permit under this Code:
19        1. To any person, as a driver, who is under the age of
20    18 years except as provided in Section 6-107, and except
21    that an instruction permit may be issued under Section
22    6-107.1 to a child who is not less than 15 years of age if
23    the child is enrolled in an approved driver education
24    course as defined in Section 1-103 of this Code and
25    requires an instruction permit to participate therein,

 

 

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1    except that an instruction permit may be issued under the
2    provisions of Section 6-107.1 to a child who is 17 years
3    and 3 months of age without the child having enrolled in an
4    approved driver education course and except that an
5    instruction permit may be issued to a child who is at least
6    15 years and 3 months of age, is enrolled in school, meets
7    the educational requirements of the Driver Education Act,
8    and has passed examinations the Secretary of State in his
9    or her discretion may prescribe;
10        1.5. To any person at least 18 years of age but less
11    than 21 years of age unless the person has, in addition to
12    any other requirements of this Code, successfully
13    completed an adult driver education course as provided in
14    Section 6-107.5 of this Code or successfully completed the
15    classroom portion of an approved driver education course,
16    except that: .
17            (A) a person who holds a driver's license issued
18        prior to July 1, 2014 shall be eligible to retain the
19        license without the completion of an adult driver
20        education course;
21            (B) a person who holds an instruction permit issued
22        prior to July 1, 2014 shall be eligible to retain the
23        instruction permit without the completion of an adult
24        driver education course;
25            (C) a person who holds an instruction permit issued
26        prior to July 1, 2014 shall be eligible for the

 

 

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1        issuance of a driver's license without the completion
2        of an adult driver education course; and
3            (D) a person may be issued and may retain an
4        instruction permit on or after July 1, 2014 prior to
5        the completion of the adult driver education course, if
6        the person completes the course prior to the issuance
7        of a driver's license.
8        2. To any person who is under the age of 18 as an
9    operator of a motorcycle other than a motor driven cycle
10    unless the person has, in addition to meeting the
11    provisions of Section 6-107 of this Code, successfully
12    completed a motorcycle training course approved by the
13    Illinois Department of Transportation and successfully
14    completes the required Secretary of State's motorcycle
15    driver's examination;
16        3. To any person, as a driver, whose driver's license
17    or permit has been suspended, during the suspension, nor to
18    any person whose driver's license or permit has been
19    revoked, except as provided in Sections 6-205, 6-206, and
20    6-208;
21        4. To any person, as a driver, who is a user of alcohol
22    or any other drug to a degree that renders the person
23    incapable of safely driving a motor vehicle;
24        5. To any person, as a driver, who has previously been
25    adjudged to be afflicted with or suffering from any mental
26    or physical disability or disease and who has not at the

 

 

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1    time of application been restored to competency by the
2    methods provided by law;
3        6. To any person, as a driver, who is required by the
4    Secretary of State to submit an alcohol and drug evaluation
5    or take an examination provided for in this Code unless the
6    person has successfully passed the examination and
7    submitted any required evaluation;
8        7. To any person who is required under the provisions
9    of the laws of this State to deposit security or proof of
10    financial responsibility and who has not deposited the
11    security or proof;
12        8. To any person when the Secretary of State has good
13    cause to believe that the person by reason of physical or
14    mental disability would not be able to safely operate a
15    motor vehicle upon the highways, unless the person shall
16    furnish to the Secretary of State a verified written
17    statement, acceptable to the Secretary of State, from a
18    competent medical specialist, a licensed physician
19    assistant who has been delegated the performance of medical
20    examinations by his or her supervising physician, or a
21    licensed advanced practice nurse who has a written
22    collaborative agreement with a collaborating physician
23    which authorizes him or her to perform medical
24    examinations, to the effect that the operation of a motor
25    vehicle by the person would not be inimical to the public
26    safety;

 

 

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1        9. To any person, as a driver, who is 69 years of age
2    or older, unless the person has successfully complied with
3    the provisions of Section 6-109;
4        10. To any person convicted, within 12 months of
5    application for a license, of any of the sexual offenses
6    enumerated in paragraph 2 of subsection (b) of Section
7    6-205;
8        11. To any person who is under the age of 21 years with
9    a classification prohibited in paragraph (b) of Section
10    6-104 and to any person who is under the age of 18 years
11    with a classification prohibited in paragraph (c) of
12    Section 6-104;
13        12. To any person who has been either convicted of or
14    adjudicated under the Juvenile Court Act of 1987 based upon
15    a violation of the Cannabis Control Act, the Illinois
16    Controlled Substances Act, or the Methamphetamine Control
17    and Community Protection Act while that person was in
18    actual physical control of a motor vehicle. For purposes of
19    this Section, any person placed on probation under Section
20    10 of the Cannabis Control Act, Section 410 of the Illinois
21    Controlled Substances Act, or Section 70 of the
22    Methamphetamine Control and Community Protection Act shall
23    not be considered convicted. Any person found guilty of
24    this offense, while in actual physical control of a motor
25    vehicle, shall have an entry made in the court record by
26    the judge that this offense did occur while the person was

 

 

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1    in actual physical control of a motor vehicle and order the
2    clerk of the court to report the violation to the Secretary
3    of State as such. The Secretary of State shall not issue a
4    new license or permit for a period of one year;
5        13. To any person who is under the age of 18 years and
6    who has committed the offense of operating a motor vehicle
7    without a valid license or permit in violation of Section
8    6-101 or a similar out of state offense;
9        14. To any person who is 90 days or more delinquent in
10    court ordered child support payments or has been
11    adjudicated in arrears in an amount equal to 90 days'
12    obligation or more and who has been found in contempt of
13    court for failure to pay the support, subject to the
14    requirements and procedures of Article VII of Chapter 7 of
15    the Illinois Vehicle Code;
16        14.5. To any person certified by the Illinois
17    Department of Healthcare and Family Services as being 90
18    days or more delinquent in payment of support under an
19    order of support entered by a court or administrative body
20    of this or any other State, subject to the requirements and
21    procedures of Article VII of Chapter 7 of this Code
22    regarding those certifications;
23        15. To any person released from a term of imprisonment
24    for violating Section 9-3 of the Criminal Code of 1961 or
25    the Criminal Code of 2012, or a similar provision of a law
26    of another state relating to reckless homicide or for

 

 

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1    violating subparagraph (F) of paragraph (1) of subsection
2    (d) of Section 11-501 of this Code relating to aggravated
3    driving under the influence of alcohol, other drug or
4    drugs, intoxicating compound or compounds, or any
5    combination thereof, if the violation was the proximate
6    cause of a death, within 24 months of release from a term
7    of imprisonment;
8        16. To any person who, with intent to influence any act
9    related to the issuance of any driver's license or permit,
10    by an employee of the Secretary of State's Office, or the
11    owner or employee of any commercial driver training school
12    licensed by the Secretary of State, or any other individual
13    authorized by the laws of this State to give driving
14    instructions or administer all or part of a driver's
15    license examination, promises or tenders to that person any
16    property or personal advantage which that person is not
17    authorized by law to accept. Any persons promising or
18    tendering such property or personal advantage shall be
19    disqualified from holding any class of driver's license or
20    permit for 120 consecutive days. The Secretary of State
21    shall establish by rule the procedures for implementing
22    this period of disqualification and the procedures by which
23    persons so disqualified may obtain administrative review
24    of the decision to disqualify;
25        17. To any person for whom the Secretary of State
26    cannot verify the accuracy of any information or

 

 

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1    documentation submitted in application for a driver's
2    license; or
3        18. To any person who has been adjudicated under the
4    Juvenile Court Act of 1987 based upon an offense that is
5    determined by the court to have been committed in
6    furtherance of the criminal activities of an organized
7    gang, as provided in Section 5-710 of that Act, and that
8    involved the operation or use of a motor vehicle or the use
9    of a driver's license or permit. The person shall be denied
10    a license or permit for the period determined by the court.
11    The Secretary of State shall retain all conviction
12information, if the information is required to be held
13confidential under the Juvenile Court Act of 1987.
14(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
1598-167, eff. 7-1-14; revised 9-18-13.)
 
16    (625 ILCS 5/6-107.5)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
19    Sec. 6-107.5. Adult Driver Education Course.
20    (a) The Secretary shall establish by rule the curriculum
21and designate the materials to be used in an adult driver
22education course. The course shall be at least 6 hours in
23length and shall include instruction on traffic laws; highway
24signs, signals, and markings that regulate, warn, or direct
25traffic; and issues commonly associated with motor vehicle

 

 

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1accidents including poor decision-making, risk taking,
2impaired driving, distraction, speed, failure to use a safety
3belt, driving at night, failure to yield the right-of-way,
4texting while driving, using wireless communication devices,
5and alcohol and drug awareness. The curriculum shall not
6require the operation of a motor vehicle.
7    (b) The Secretary shall certify course providers. The
8requirements to be a certified course provider, the process for
9applying for certification, and the procedure for decertifying
10a course provider shall be established by rule.
11    (c) The Secretary may permit a course provider to offer the
12course online, if the Secretary is satisfied the course
13provider has established adequate procedures for verifying:
14        (1) the identity of the person taking the course
15    online; and
16        (2) the person completes the entire course.
17    (d) The Secretary shall establish a method of electronic
18verification of a student's successful completion of the
19course.
20    (e) The fee charged by the course provider must bear a
21reasonable relationship to the cost of the course. The course
22provider must state all fees charged by the course provider on
23the course provider's website. The Secretary shall post on the
24Secretary of State's website a list of approved course
25providers, the fees charged by the providers, and contact
26information for each course provider including each course

 

 

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1provider's website.
2    (f) In addition to any other fee charged by the course
3provider, the course provider shall collect a fee of $5 from
4each student to offset the costs incurred by the Secretary in
5administering this program. The $5 shall be submitted to the
6Secretary within 14 days of the day on which it was collected.
7All such fees received by the Secretary shall be deposited in
8the Secretary of State Driver Services Administration Fund.
9(Source: P.A. 98-167, eff. 7-1-14.)
 
10    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
11    Sec. 6-401. Driver training schools-license required. No
12person, firm, association, partnership or corporation shall
13operate a driver training school or engage in the business of
14giving instruction for hire or for a fee in (1) the driving of
15motor vehicles; or (2) the preparation of an applicant for
16examination given by the Secretary of State for a drivers
17license or permit, unless a license therefor has been issued by
18the Secretary. No public schools or educational institutions
19shall contract with entities engaged in the business of giving
20instruction for hire or for a fee in the driving of motor
21vehicles for the preparation of an applicant for examination
22given by the Secretary of State for a driver's license or
23permit, unless a license therefor has been issued by the
24Secretary.
25    This Section shall not apply to (i) public schools or to

 

 

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1educational institutions in which driving instruction is part
2of the curriculum, (ii) employers giving instruction to their
3employees, or (iii) schools that teach enhanced driving skills
4to licensed drivers as set forth in Article X of Chapter 6 of
5this Code, or (iv) an entity that provides an adult driver
6education course, as provided in Section 6-107.5 of this Code,
7if the entity conducts the course solely via the Internet.
8    Any person convicted of a violation of this Section shall
9be guilty of a Class A misdemeanor, with a minimum fine of
10$1,000. Any person convicted of a violation of this Section a
11second or subsequent time shall be guilty of a Class 4 felony,
12with a minimum fine of $2,500.
13(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
14eff. 7-28-11.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.