Rep. Cynthia Soto
Filed: 4/17/2007
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1 | AMENDMENT TO HOUSE BILL 1747
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2 | AMENDMENT NO. ______. Amend House Bill 1747 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | adding Section 238.2 as follows: | ||||||
6 | (215 ILCS 5/238.2 new) | ||||||
7 | Sec. 238.2. Cooperation in identification of persons owing | ||||||
8 | past-due child support who may be entitled to payments under | ||||||
9 | insurance policies; compliance with liens and levies. | ||||||
10 | (a) Before making a payment to any claimant of $500 or more | ||||||
11 | under a policy of insurance of any kind, an insurance company | ||||||
12 | doing business in this State and governed by this Code shall | ||||||
13 | report the claim to the Insurance Service Office's CLAIMSEARCH | ||||||
14 | database for purposes of cooperation with the Child Support | ||||||
15 | Lien Network. | ||||||
16 | (b) Upon receipt of a notice of lien or levy from the |
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1 | Illinois Department of Healthcare and Family Services, an | ||||||
2 | insurance company shall hold or encumber or surrender to the | ||||||
3 | Illinois Department the proceeds of a claim up to the amount of | ||||||
4 | past-due support stated in the notice. | ||||||
5 | (c) An insurance company that in good faith cooperates with | ||||||
6 | the Child Support Lien Network or that holds, encumbers, or | ||||||
7 | surrenders claim proceeds in response to a notice of lien or | ||||||
8 | levy as provided for under this Section shall not be liable to | ||||||
9 | any insurance claimant or any other person in any civil, | ||||||
10 | criminal, or administrative action. | ||||||
11 | Section 10. The Illinois Public Aid Code is amended by | ||||||
12 | changing Section 10-17.6 and by adding Sections 10-17.13, | ||||||
13 | 10-17.14, and 10-25.6 as follows:
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14 | (305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
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15 | Sec. 10-17.6. Certification of
Past Due Support
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16 | Information to Licensing Agencies. The
Illinois Department may | ||||||
17 | provide by rule for certification to any State
licensing agency | ||||||
18 | of (i) the failure of responsible relatives to comply with | ||||||
19 | subpoenas or warrants relating to paternity or child support | ||||||
20 | proceedings and (ii) past due support owed by responsible | ||||||
21 | relatives under a
support order entered by a court or | ||||||
22 | administrative body of this or any
other State on behalf of | ||||||
23 | resident or non-resident persons receiving child support | ||||||
24 | enforcement services under Title IV, Part D of the Social |
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1 | Security Act . The rule shall
provide for notice to and an | ||||||
2 | opportunity to be heard by each responsible
relative affected | ||||||
3 | and any final administrative decision rendered by the
| ||||||
4 | Department shall be reviewed only under and in accordance with | ||||||
5 | the
Administrative Review Law.
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6 | (Source: P.A. 87-412.)
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7 | (305 ILCS 5/10-17.13 new) | ||||||
8 | Sec. 10-17.13. Vehicle immobilization and impoundment. The | ||||||
9 | Illinois Department may provide by rule for certification to | ||||||
10 | municipalities of past due support owed by responsible | ||||||
11 | relatives under a support order entered by a court or | ||||||
12 | administrative body of this or any other State on behalf of | ||||||
13 | resident or non-resident persons. The purpose of certification | ||||||
14 | shall be to effect collection of past due support by | ||||||
15 | immobilization and impoundment of vehicles registered to | ||||||
16 | responsible relatives pursuant to ordinances established by | ||||||
17 | such municipalities under Section 11-1430 of the Illinois | ||||||
18 | Vehicle Code. | ||||||
19 | The rule shall provide for notice to and an opportunity to | ||||||
20 | be heard by each responsible relative affected, and any final | ||||||
21 | administrative decision rendered by the Department shall be | ||||||
22 | reviewed only under and in accordance with the Administrative | ||||||
23 | Review Law. A responsible relative may avoid certification to a | ||||||
24 | municipality for vehicle immobilization or arrange for | ||||||
25 | discontinuance of vehicle immobilization and impoundment |
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1 | already engaged by payment of past due support or by entering | ||||||
2 | into a plan for payment of past and current child support | ||||||
3 | obligations in a manner satisfactory to the Illinois | ||||||
4 | Department. | ||||||
5 | (305 ILCS 5/10-17.14 new) | ||||||
6 | Sec. 10-17.14. Past due support information to the Illinois | ||||||
7 | Department of State Police. The Illinois Department may provide | ||||||
8 | by rule for certification to the Illinois Department of State | ||||||
9 | Police of past due support owed by responsible relatives under | ||||||
10 | a support order entered by a court or administrative body of | ||||||
11 | this or any other State on behalf of resident or non-resident | ||||||
12 | persons. The purpose of certification shall be to effect denial | ||||||
13 | of issuance or renewal of Firearm Owner's Identification Cards | ||||||
14 | for failure to pay support. | ||||||
15 | The rule shall provide for notice to and an opportunity to | ||||||
16 | be heard by each responsible relative affected, and any final | ||||||
17 | administrative decision rendered by the Department shall be | ||||||
18 | reviewed only under and in accordance with the Administrative | ||||||
19 | Review Law. | ||||||
20 | (305 ILCS 5/10-25.6 new) | ||||||
21 | Sec. 10-25.6. Administrative liens and levies on proceeds | ||||||
22 | of insurance claims for past-due child support. | ||||||
23 | (a) Notwithstanding any other provision of law to the | ||||||
24 | contrary, the State shall have a lien on all legal and |
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1 | equitable interests of responsible relatives in the proceeds of | ||||||
2 | any claim under a policy of insurance, including but not | ||||||
3 | limited to proceeds on claims under the Workers' Compensation | ||||||
4 | Act and the Workers' Occupational Diseases Act, in the amount | ||||||
5 | of past-due child support owing pursuant to an order for | ||||||
6 | support entered under Section 10-10 or 10-11 of this Code, or | ||||||
7 | under the Illinois Marriage and Dissolution of Marriage Act, | ||||||
8 | the Non-Support Punishment Act, the Uniform Interstate Family | ||||||
9 | Support Act, the Illinois Parentage Act of 1984, or under any | ||||||
10 | other law, State or federal, providing for support of a | ||||||
11 | dependent child. | ||||||
12 | (b) The Illinois Department shall provide by rule for | ||||||
13 | issuance of notices of lien and levy to insurance companies for | ||||||
14 | the purpose of encumbering and levying upon the proceeds of | ||||||
15 | insurance claims for collection of past-due support. The rule | ||||||
16 | shall provide for notice to and an opportunity to be heard by | ||||||
17 | each responsible relative affected, and any final | ||||||
18 | administrative decision rendered by the Illinois Department | ||||||
19 | shall be reviewed only under and in accordance with the | ||||||
20 | Administrative Review Law. | ||||||
21 | Section 15. The Firearm Owners Identification Card Act is | ||||||
22 | amended by changing Section 10 and by adding Section 8.2 as | ||||||
23 | follows: | ||||||
24 | (430 ILCS 65/8.2 new) |
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1 | Sec. 8.2. Denial of issuance or renewal of Firearm Owner's | ||||||
2 | Identification Card upon
certification of Illinois Department | ||||||
3 | of Healthcare and Family Services. Notwithstanding any other | ||||||
4 | provision of this Act, the Department of State Police shall | ||||||
5 | deny issuance or renewal of a Firearm Owner's Identification | ||||||
6 | Card solely upon the certification of the Illinois Department | ||||||
7 | of Healthcare and Family Services that the applicant owes past | ||||||
8 | due support under Section 10-17.14 of the Illinois Public Aid | ||||||
9 | Code. Further process, hearings, or redetermination of past due | ||||||
10 | support by the Department of State Police shall not be | ||||||
11 | required. The Department of State Police may issue or renew a | ||||||
12 | Firearm Owner's Identification Card if the applicant has | ||||||
13 | arranged for payment of past and current support obligations in | ||||||
14 | a manner satisfactory to the Department of Healthcare and | ||||||
15 | Family Services.
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16 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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17 | Sec. 10. (a) Whenever an application for a Firearm Owner's | ||||||
18 | Identification
Card is denied, whenever the Department fails to | ||||||
19 | act on an application
within 30 days of its receipt, or | ||||||
20 | whenever such a Card is revoked or seized
as provided for in | ||||||
21 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
22 | Director of the Department of State Police for a hearing upon
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23 | such denial, revocation or seizure, unless the denial, | ||||||
24 | revocation, or seizure
was based upon a forcible felony, | ||||||
25 | stalking, aggravated stalking, domestic
battery, any violation |
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1 | of the Illinois Controlled Substances Act, the Methamphetamine | ||||||
2 | Control and Community Protection Act, or the
Cannabis Control | ||||||
3 | Act that is classified as a Class 2 or greater felony,
any
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4 | felony violation of Article 24 of the Criminal Code of 1961, or | ||||||
5 | any
adjudication as a delinquent minor for the commission of an
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6 | offense that if committed by an adult would be a felony, in | ||||||
7 | which case the
aggrieved party may petition the circuit court | ||||||
8 | in writing in the county of
his or her residence for a hearing | ||||||
9 | upon such denial, revocation, or seizure.
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10 | (b) At least 30 days before any hearing in the circuit | ||||||
11 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
12 | with a copy of the petition. The State's Attorney
may object to | ||||||
13 | the petition and present evidence. At the hearing the court
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14 | shall
determine whether substantial justice has been done. | ||||||
15 | Should the court
determine that substantial justice has not | ||||||
16 | been done, the court shall issue an
order directing the | ||||||
17 | Department of State Police to issue a Card.
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18 | (c) Any person prohibited from possessing a firearm under | ||||||
19 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | ||||||
20 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
21 | of this Act may apply to
the Director
of the Department of | ||||||
22 | State Police
or petition the circuit court in the county where | ||||||
23 | the petitioner resides,
whichever is applicable in accordance | ||||||
24 | with subsection (a) of this Section,
requesting relief
from | ||||||
25 | such prohibition and the Director or court may grant such | ||||||
26 | relief if it
is
established by the applicant to the court's or |
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1 | Director's satisfaction
that:
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2 | (0.05) when in the circuit court, the State's Attorney | ||||||
3 | has been served
with a written
copy of the
petition at | ||||||
4 | least 30 days before any such hearing in the circuit court | ||||||
5 | and at
the hearing the
State's Attorney was afforded an | ||||||
6 | opportunity to present evidence and object to
the petition;
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7 | (1) the applicant has not been convicted of a forcible | ||||||
8 | felony under the
laws of this State or any other | ||||||
9 | jurisdiction within 20 years of the
applicant's | ||||||
10 | application for a Firearm Owner's Identification Card, or | ||||||
11 | at
least 20 years have passed since the end of any period | ||||||
12 | of imprisonment
imposed in relation to that conviction;
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13 | (2) the circumstances regarding a criminal conviction, | ||||||
14 | where applicable,
the applicant's criminal history and his | ||||||
15 | reputation are such that the applicant
will not be likely | ||||||
16 | to act in a manner dangerous to public safety; and
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17 | (3) granting relief would not be contrary to the public | ||||||
18 | interest.
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19 | (d) When a minor is adjudicated delinquent for an offense | ||||||
20 | which if
committed by an adult would be a felony, the court | ||||||
21 | shall notify the Department
of State Police.
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22 | (e) The court shall review the denial of an application or | ||||||
23 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
24 | person who has been adjudicated
delinquent for an offense that | ||||||
25 | if
committed by an adult would be a felony if an
application | ||||||
26 | for relief has been filed at least 10 years after the |
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1 | adjudication
of delinquency and the court determines that the | ||||||
2 | applicant should be
granted relief from disability to obtain a | ||||||
3 | Firearm Owner's Identification Card.
If the court grants | ||||||
4 | relief, the court shall notify the Department of State
Police | ||||||
5 | that the disability has
been removed and that the applicant is | ||||||
6 | eligible to obtain a Firearm Owner's
Identification Card.
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7 | (f) The provisions of this Section shall not apply to | ||||||
8 | instances in which an application for issuance or renewal of a | ||||||
9 | Firearm Owner's Identification Card is denied pursuant to | ||||||
10 | Section 8.2 of this Act.
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11 | (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
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12 | Section 20. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 6-103, 7-100, 7-701, 7-702, 7-702.1, 7-704, | ||||||
14 | 7-705, 7-706, 7-707, and 7-708 and by adding Sections 7-704.1 | ||||||
15 | and 11-1430 as follows:
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16 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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17 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
18 | or granted
permits. The Secretary of State shall not issue, | ||||||
19 | renew, or
allow the retention of any driver's
license nor issue | ||||||
20 | any permit under this Code:
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21 | 1. To any person, as a driver, who is under the age of | ||||||
22 | 18 years except
as provided in Section 6-107, and except | ||||||
23 | that an instruction permit may be
issued under Section | ||||||
24 | 6-107.1 to a child who
is not less than 15 years of age if |
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1 | the child is enrolled in an approved
driver education | ||||||
2 | course as defined in Section 1-103 of this Code and
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3 | requires an instruction permit to participate therein, | ||||||
4 | except that an
instruction permit may be issued under the | ||||||
5 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
6 | and 9 months of age without the child having
enrolled in an
| ||||||
7 | approved driver education course and except that an
| ||||||
8 | instruction permit may be issued to a child who is at least | ||||||
9 | 15 years and 6
months of age, is enrolled in school, meets | ||||||
10 | the educational requirements of
the Driver Education Act, | ||||||
11 | and has passed examinations the Secretary of State in
his | ||||||
12 | or her discretion may prescribe;
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13 | 2. To any person who is under the age of 18 as an | ||||||
14 | operator of a motorcycle
other than a motor driven cycle | ||||||
15 | unless the person has, in addition to
meeting the | ||||||
16 | provisions of Section 6-107 of this Code, successfully
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17 | completed a motorcycle
training course approved by the | ||||||
18 | Illinois Department of Transportation and
successfully | ||||||
19 | completes the required Secretary of State's motorcycle | ||||||
20 | driver's
examination;
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21 | 3. To any person, as a driver, whose driver's license | ||||||
22 | or permit has been
suspended, during the suspension, nor to | ||||||
23 | any person whose driver's license or
permit has been | ||||||
24 | revoked, except as provided in Sections 6-205, 6-206, and
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25 | 6-208;
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26 | 4. To any person, as a driver, who is a user of alcohol |
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1 | or any other
drug to a degree that renders the person | ||||||
2 | incapable of safely driving a motor
vehicle;
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3 | 5. To any person, as a driver, who has previously been | ||||||
4 | adjudged to be
afflicted with or suffering from any mental | ||||||
5 | or physical disability or disease
and who has not at the | ||||||
6 | time of application been restored to competency by the
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7 | methods provided by law;
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8 | 6. To any person, as a driver, who is required by the | ||||||
9 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
10 | or take an examination provided
for in this Code unless the | ||||||
11 | person has
successfully passed the examination and | ||||||
12 | submitted any required evaluation;
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13 | 7. To any person who is required under the provisions | ||||||
14 | of the laws of
this State to deposit security or proof of | ||||||
15 | financial responsibility and who
has not deposited the | ||||||
16 | security or proof;
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17 | 8. To any person when the Secretary of State has good | ||||||
18 | cause to believe
that the person by reason of physical or | ||||||
19 | mental disability would not be
able to safely operate a | ||||||
20 | motor vehicle upon the highways, unless the
person shall | ||||||
21 | furnish to the Secretary of State a verified written
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22 | statement, acceptable to the Secretary of State, from a | ||||||
23 | competent medical
specialist to the effect that the | ||||||
24 | operation of a motor vehicle by the
person would not be | ||||||
25 | inimical to the public safety;
| ||||||
26 | 9. To any person, as a driver, who is 69 years of age |
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1 | or older, unless
the person has successfully complied with | ||||||
2 | the provisions of Section 6-109;
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3 | 10. To any person convicted, within 12 months of | ||||||
4 | application for a
license, of any of the sexual offenses | ||||||
5 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
6 | 6-205;
| ||||||
7 | 11. To any person who is under the age of 21 years with | ||||||
8 | a classification
prohibited in paragraph (b) of Section | ||||||
9 | 6-104 and to any person who is under
the age of 18 years | ||||||
10 | with a classification prohibited in paragraph (c) of
| ||||||
11 | Section 6-104;
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12 | 12. To any person who has been either convicted of or | ||||||
13 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
14 | a violation of the Cannabis Control
Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine Control | ||||||
16 | and Community Protection Act while that person was in | ||||||
17 | actual
physical control of a motor vehicle. For purposes of | ||||||
18 | this Section, any person
placed on probation under Section | ||||||
19 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
20 | Controlled Substances Act, or Section 70 of the | ||||||
21 | Methamphetamine Control and Community Protection Act shall | ||||||
22 | not be considered convicted.
Any person found guilty of | ||||||
23 | this offense, while in actual physical control of a
motor | ||||||
24 | vehicle, shall have an entry made in the court record by | ||||||
25 | the judge that
this offense did occur while the person was | ||||||
26 | in actual physical control of a
motor vehicle and order the |
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1 | clerk of the court to report the violation to the
Secretary | ||||||
2 | of State as such. The Secretary of State shall not issue a | ||||||
3 | new
license or permit for a period of one year;
| ||||||
4 | 13. To any person who is under the age of 18 years and | ||||||
5 | who has committed
the offense
of operating a motor vehicle | ||||||
6 | without a valid license or permit in violation of
Section | ||||||
7 | 6-101;
| ||||||
8 | 14. To any person who is
90 days or more
delinquent in | ||||||
9 | court ordered child support
payments or has been | ||||||
10 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
11 | obligation or more
and who has been found in contempt
of
| ||||||
12 | court for failure to pay the support, subject to the | ||||||
13 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
14 | the Illinois Vehicle Code;
| ||||||
15 | 14.5. To any person certified by the Illinois | ||||||
16 | Department of Healthcare and Family Services as being 90 | ||||||
17 | days or more delinquent in payment of support under an | ||||||
18 | order of support entered by a court or administrative body | ||||||
19 | of this or any other State, or as having failed to comply | ||||||
20 | with a subpoena or warrant relating to a paternity or child | ||||||
21 | support proceeding, subject to the requirements and | ||||||
22 | procedures of Article VII of Chapter 7 of this Code | ||||||
23 | regarding those certifications.
| ||||||
24 | 15. To any person released from a term of imprisonment | ||||||
25 | for violating
Section 9-3 of the Criminal Code of 1961 or a | ||||||
26 | similar provision of a law of another state relating to |
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| |||||||
1 | reckless homicide or for violating subparagraph (F) of | ||||||
2 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
3 | Code relating to aggravated driving under the influence of | ||||||
4 | alcohol, other drug or drugs, intoxicating compound or | ||||||
5 | compounds, or any combination thereof, if the violation was | ||||||
6 | the proximate cause of a death, within
24 months of release | ||||||
7 | from a term 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; or
| ||||||
25 | 17. To any person for whom the Secretary of State | ||||||
26 | cannot verify the
accuracy of any information or |
| |||||||
| |||||||
1 | documentation submitted in application for a
driver's | ||||||
2 | license. | ||||||
3 | The Secretary of State shall retain all conviction
| ||||||
4 | information, if the information is required to be held | ||||||
5 | confidential under
the Juvenile Court Act of 1987.
| ||||||
6 | (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783, | ||||||
7 | eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556, | ||||||
8 | eff. 9-11-05.)
| ||||||
9 | (625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
| ||||||
10 | Sec. 7-100. Definition of words and phrases. | ||||||
11 | Notwithstanding the definitions
set forth in Chapter 1, for the | ||||||
12 | purposes of this Chapter,
the following words shall have the | ||||||
13 | following meanings ascribed to them:
| ||||||
14 | Administrative order of support. An order for the support | ||||||
15 | of dependent children issued by an administrative body of this | ||||||
16 | or any other State.
| ||||||
17 | Administrator. The Department of Transportation.
| ||||||
18 | Arrearage. The total amount of unpaid support obligations.
| ||||||
19 | Authenticated document. A document from a court which | ||||||
20 | contains a court
stamp, showing it is filed with the court, or | ||||||
21 | notarized, or is certified by
the custodian of the original.
| ||||||
22 | Compliance with a court order of support. The support
| ||||||
23 | obligor is no more than an amount equal to 90 days obligation | ||||||
24 | in arrears in
making payments in full for current support, or | ||||||
25 | in making periodic payments on
a support arrearage as |
| |||||||
| |||||||
1 | determined by a court.
| ||||||
2 | Court order of support. A judgment order for the
support of | ||||||
3 | dependent children issued by a court of this State, including
a | ||||||
4 | judgment of dissolution of marriage. With regard to a | ||||||
5 | certification by the Department of Healthcare and Family | ||||||
6 | Services under subsection (c) of Section 7-702, the term "court | ||||||
7 | order of support" shall include an order of support entered by | ||||||
8 | a court of this or any other State.
| ||||||
9 | Driver's license. A license or permit to operate a motor | ||||||
10 | vehicle in the
State, including the privilege of a person to | ||||||
11 | drive a motor vehicle whether or
not the person holds a valid | ||||||
12 | license or permit.
| ||||||
13 | Family financial responsibility driving permit. A permit | ||||||
14 | granting
limited driving privileges for employment or medical | ||||||
15 | purposes
following a suspension of driving privileges under the | ||||||
16 | Family
Financial Responsibility Law. This permit is valid only | ||||||
17 | after the
entry of a court order granting the permit and | ||||||
18 | issuance of the
permit by the Secretary of State's Office. An | ||||||
19 | individual's driving
privileges must be valid except for the | ||||||
20 | family financial
responsibility suspension in order for this | ||||||
21 | permit to be issued.
In order to be valid, the permit must be | ||||||
22 | in the immediate
possession of the driver to whom it is issued.
| ||||||
23 | Judgment. A final judgment of any court of competent | ||||||
24 | jurisdiction of any
State, against a person as defendant for | ||||||
25 | damages on account of bodily
injury to or death of any person | ||||||
26 | or damages to property resulting from the
operation of any |
| |||||||
| |||||||
1 | motor vehicle.
| ||||||
2 | Obligor. The individual who owes a duty to make payments | ||||||
3 | under a court
order of support.
| ||||||
4 | Obligee. The individual or other legal entity to whom a | ||||||
5 | duty of support is
owed through a court order of support or the | ||||||
6 | individual's
legal
representatives.
| ||||||
7 | (Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
| ||||||
8 | (625 ILCS 5/7-701)
| ||||||
9 | Sec. 7-701. Findings and purpose. The General Assembly | ||||||
10 | finds that
the timely receipt of adequate financial support has | ||||||
11 | the effect of reducing
poverty and State expenditures for | ||||||
12 | welfare dependency among children, and that
the timely payment | ||||||
13 | of adequate child support demonstrates financial
| ||||||
14 | responsibility. Further, the General Assembly finds that the | ||||||
15 | State has a
compelling interest in ensuring that drivers within | ||||||
16 | the State demonstrate
financial responsibility, including | ||||||
17 | family financial responsibility, in order
to safely own and | ||||||
18 | operate a motor vehicle. To this end, the
Secretary of State
is | ||||||
19 | authorized to establish systems to suspend
driver's licenses | ||||||
20 | for failure to
comply with court and administrative orders of | ||||||
21 | support and with subpoenas or warrants relating to paternity or | ||||||
22 | child support proceedings .
| ||||||
23 | (Source: P.A. 91-613, eff. 7-1-00.)
| ||||||
24 | (625 ILCS 5/7-702)
|
| |||||||
| |||||||
1 | Sec. 7-702. Suspension of driver's license for failure to | ||||||
2 | comply with order, subpoena, or warrant relating to paternity
| ||||||
3 | or
pay child
support.
| ||||||
4 | (a) The Secretary of State shall suspend the driver's | ||||||
5 | license
issued to an obligor upon receiving an authenticated | ||||||
6 | report
provided for in subsection (a) of Section 7-703, that | ||||||
7 | the person is 90
days or more delinquent in court ordered child
| ||||||
8 | support payments or has been adjudicated in arrears in an | ||||||
9 | amount
equal to 90 days obligation or more, and has been found | ||||||
10 | in contempt by
the court for failure to pay the support.
| ||||||
11 | (b) The Secretary of State shall suspend the driver's | ||||||
12 | license issued to an
obligor upon receiving an authenticated | ||||||
13 | document provided for in subsection (b)
of Section 7-703, that | ||||||
14 | the person has been adjudicated in arrears in court
ordered | ||||||
15 | child support payments in an amount equal to 90 days obligation | ||||||
16 | or
more,
but has not been held in contempt of court, and that | ||||||
17 | the court has ordered that
the person's driving privileges be | ||||||
18 | suspended. The obligor's driver's license
shall be suspended | ||||||
19 | until such time as the Secretary of State receives
| ||||||
20 | authenticated documentation that the obligor is in compliance | ||||||
21 | with the court
order of support. When the obligor complies with | ||||||
22 | the court ordered child
support
payments, the circuit court | ||||||
23 | shall report the obligor's compliance with the
court order of | ||||||
24 | support to the Secretary of State, on a form prescribed by the
| ||||||
25 | Secretary of State, and shall order that the obligor's driver's | ||||||
26 | license be
reinstated.
|
| |||||||
| |||||||
1 | (c) The Secretary of State shall suspend a driver's license | ||||||
2 | upon certification by the Illinois Department of Healthcare and | ||||||
3 | Family Services that the person licensed is 90 days or more | ||||||
4 | delinquent in payment of support under an order of support | ||||||
5 | issued by a court or administrative body of this or any other | ||||||
6 | State, or that the person has failed to comply with a subpoena | ||||||
7 | or warrant relating to a paternity or child support proceeding. | ||||||
8 | The Secretary of State may reinstate the person's driver's | ||||||
9 | license if notified by the Department of Healthcare and Family | ||||||
10 | Services that the person has paid the support delinquency in | ||||||
11 | full, arranged for payment of the delinquency and current | ||||||
12 | support obligation in a manner satisfactory to the Department | ||||||
13 | of Healthcare and Family Services, or complied with the | ||||||
14 | subpoena or warrant relating to a paternity or child support | ||||||
15 | proceeding.
| ||||||
16 | (Source: P.A. 91-613, eff. 7-1-00.)
| ||||||
17 | (625 ILCS 5/7-702.1)
| ||||||
18 | Sec. 7-702.1. Family financial responsibility driving | ||||||
19 | permits. | ||||||
20 | (a) Following
the entry of an order that an obligor has | ||||||
21 | been found in contempt by the court for failure to pay court | ||||||
22 | ordered child
support payments or upon a motion by the obligor | ||||||
23 | who is subject to having his
or her
driver's license suspended | ||||||
24 | pursuant to subsection (b) of Section 7-703, the
court may | ||||||
25 | enter an order directing the
Secretary of State to issue a |
| |||||||
| |||||||
1 | family financial responsibility
driving permit for the purpose | ||||||
2 | of providing the obligor the
privilege of operating a motor | ||||||
3 | vehicle between the obligor's
residence and place of | ||||||
4 | employment, or within the scope of
employment related duties; | ||||||
5 | or for the purpose of providing
transportation for the obligor | ||||||
6 | or a household member to receive
alcohol treatment, other drug | ||||||
7 | treatment, or medical care. The
court may enter an order | ||||||
8 | directing the issuance of a permit only if
the obligor has | ||||||
9 | proven to the satisfaction of the court that no
alternative | ||||||
10 | means of transportation are reasonably available for
the above | ||||||
11 | stated purposes. No permit shall be issued to a person under | ||||||
12 | the
age of 16 years who possesses an instruction permit. In | ||||||
13 | accordance with 49 C.F.R. Part 384, the Secretary of State may | ||||||
14 | not issue a family financial responsibility driving permit to | ||||||
15 | any person for the operation of a commercial motor vehicle if | ||||||
16 | the person's driving privileges have been suspended under any | ||||||
17 | provisions of this Code.
| ||||||
18 | Upon entry of an order granting the issuance of a permit to | ||||||
19 | an
obligor, the court shall report this finding to the | ||||||
20 | Secretary of
State on a form prescribed by the Secretary. This | ||||||
21 | form shall state
whether the permit has been granted for | ||||||
22 | employment or medical
purposes and the specific days and hours | ||||||
23 | for which limited driving
privileges have been granted.
| ||||||
24 | The family financial responsibility driving permit shall | ||||||
25 | be subject
to cancellation, invalidation, suspension, and | ||||||
26 | revocation by the
Secretary of State in the same manner and for |
| |||||||
| |||||||
1 | the same reasons as
a driver's license may be cancelled, | ||||||
2 | invalidated, suspended, or
revoked.
| ||||||
3 | The Secretary of State shall, upon receipt of a certified | ||||||
4 | court
order from the court of jurisdiction, issue a family | ||||||
5 | financial
responsibility driving permit. In order for this | ||||||
6 | permit to be
issued, an individual's driving privileges must be | ||||||
7 | valid except for
the family financial responsibility | ||||||
8 | suspension. This permit shall
be valid only for employment and | ||||||
9 | medical purposes as set forth
above. The permit shall state the | ||||||
10 | days and hours for which limited
driving privileges have been | ||||||
11 | granted.
| ||||||
12 | Any submitted court order that contains insufficient data | ||||||
13 | or fails
to comply with any provision of this Code shall not
be | ||||||
14 | used for issuance of the permit or entered to the individual's
| ||||||
15 | driving record but shall be returned to the court of | ||||||
16 | jurisdiction
indicating why the permit cannot be issued at that | ||||||
17 | time. The
Secretary of State shall also send notice of the | ||||||
18 | return of the
court order to the individual requesting the | ||||||
19 | permit.
| ||||||
20 | (b) Following certification by the Illinois Department of | ||||||
21 | Healthcare and Family Services that a person is 90 days or more | ||||||
22 | delinquent in payment of support under an order of support | ||||||
23 | issued by a court or administrative body of this or any other | ||||||
24 | State, or that a person has failed to comply with a subpoena or | ||||||
25 | warrant relating to a paternity or child support proceeding, | ||||||
26 | the Secretary of State may, upon written request of the person, |
| |||||||
| |||||||
1 | issue a family financial responsibility driving permit for the | ||||||
2 | purpose of providing the person the privilege of operating a | ||||||
3 | motor vehicle between the person's residence and place of | ||||||
4 | employment, or within the scope of employment-related duties, | ||||||
5 | or for the purpose of providing transportation for the person | ||||||
6 | or a household member to receive alcohol treatment, other drug | ||||||
7 | treatment, or medical care. | ||||||
8 | The Secretary of State may issue a permit under this | ||||||
9 | subsection (b) only if the person has proven to the | ||||||
10 | satisfaction of the Secretary of State that no alternative | ||||||
11 | means of transportation are reasonably available for the | ||||||
12 | purpose stated in the preceding paragraph. | ||||||
13 | The permit issued by the Secretary of State shall state | ||||||
14 | whether the permit has been granted for employment or medical | ||||||
15 | purposes and the specific days and hours for which limited | ||||||
16 | driving privileges are allowed. | ||||||
17 | The family financial responsibility driving permit is | ||||||
18 | subject to cancellation, invalidation, suspension, and | ||||||
19 | revocation by the Secretary of State in the same manner and for | ||||||
20 | the same reasons as a driver's license may be cancelled, | ||||||
21 | invalidated, suspended, or revoked. | ||||||
22 | The Secretary of State shall adopt rules necessary to | ||||||
23 | implement this subsection (b). The rules shall provide the | ||||||
24 | opportunity for a hearing on the matter of issuance of a family | ||||||
25 | financial responsibility driving permit by the Secretary of | ||||||
26 | State. A final administrative decision of the Secretary of |
| |||||||
| |||||||
1 | State under this subsection (b) is reviewable only under the | ||||||
2 | provisions of the Administrative Review Law.
| ||||||
3 | (Source: P.A. 94-307, eff. 9-30-05.)
| ||||||
4 | (625 ILCS 5/7-704)
| ||||||
5 | Sec. 7-704. Suspension to continue until compliance with | ||||||
6 | court
order of support.
| ||||||
7 | (a) The suspension of a driver's license shall remain in
| ||||||
8 | effect unless and until the Secretary of State receives
| ||||||
9 | authenticated documentation that the obligor is in compliance | ||||||
10 | with
a court order of support or that the order has
been stayed | ||||||
11 | by a subsequent order of the court.
Full driving privileges | ||||||
12 | shall not be issued by the Secretary
of State until | ||||||
13 | notification of compliance has been received from
the court. | ||||||
14 | The circuit clerks shall report the obligor's compliance
with a | ||||||
15 | court order of support to the Secretary of
State, on a form | ||||||
16 | prescribed by the Secretary.
| ||||||
17 | (b) Whenever, after one suspension of an individual's | ||||||
18 | driver's
license for failure to pay child support, another | ||||||
19 | order of
non-payment is entered against the obligor and the | ||||||
20 | person fails to
come into compliance with the court order of
| ||||||
21 | support, then the Secretary shall again suspend the driver's
| ||||||
22 | license of the individual and that suspension shall not be | ||||||
23 | removed
unless the obligor is in full compliance with the court | ||||||
24 | order of support and
has made full payment on all arrearages.
| ||||||
25 | (c) Section 7-704.1, and not this Section, governs the |
| |||||||
| |||||||
1 | duration of a driver's license suspension if the suspension | ||||||
2 | occurs as the result of a certification by the Illinois | ||||||
3 | Department of Healthcare and Family Services under subsection | ||||||
4 | (c) of Section 7-702.
| ||||||
5 | (Source: P.A. 89-92, eff. 7-1-96.)
| ||||||
6 | (625 ILCS 5/7-704.1 new) | ||||||
7 | Sec. 7-704.1. Duration of driver's license suspension upon | ||||||
8 | certification of Department of Healthcare and Family Services. | ||||||
9 | When a suspension of a driver's license occurs as the result of | ||||||
10 | a certification by the Illinois Department of Healthcare and | ||||||
11 | Family Services under subsection (c) of Section 7-702, the | ||||||
12 | suspension shall remain in effect until the Secretary of State | ||||||
13 | receives notification from the Department that the person whose | ||||||
14 | license was suspended has paid the support delinquency in full, | ||||||
15 | arranged for payment of the delinquency and current support | ||||||
16 | obligation in a manner satisfactory to the Department, or | ||||||
17 | complied with the subpoena or warrant relating to a paternity | ||||||
18 | or child support proceeding.
| ||||||
19 | (625 ILCS 5/7-705)
| ||||||
20 | Sec. 7-705. Notice. The Secretary of State, prior to | ||||||
21 | suspending a
driver's license under this Chapter, shall serve | ||||||
22 | written
notice upon an obligor that the individual's driver's | ||||||
23 | license will
be suspended in 60 days from the date on the | ||||||
24 | notice unless (i) the
obligor satisfies the court order of |
| |||||||
| |||||||
1 | support and the circuit clerk
notifies the Secretary of State | ||||||
2 | of this compliance or (ii) if the Illinois Department of | ||||||
3 | Healthcare and Family Services has made a certification to the | ||||||
4 | Secretary of State under subsection (c) of Section 7-702, the | ||||||
5 | Department notifies the Secretary of State that the person | ||||||
6 | licensed has paid the support delinquency in full, arranged for | ||||||
7 | payment of the delinquency and current support obligation in a | ||||||
8 | manner satisfactory to the Department, or complied with the | ||||||
9 | subpoena or warrant relating to a paternity or child support | ||||||
10 | proceeding .
| ||||||
11 | (Source: P.A. 89-92, eff. 7-1-96.)
| ||||||
12 | (625 ILCS 5/7-706)
| ||||||
13 | Sec. 7-706. Administrative hearing. A driver may contest | ||||||
14 | this
driver's license sanction by requesting an administrative | ||||||
15 | hearing
in accordance with Section 2-118 of this Code. If a | ||||||
16 | written
request for this hearing is received prior to the | ||||||
17 | effective date of
the suspension, the suspension shall be | ||||||
18 | stayed. If a stay of the
suspension is granted, it shall remain | ||||||
19 | in effect until a hearing
decision is entered. At the | ||||||
20 | conclusion of this hearing, the
Secretary of State may rescind | ||||||
21 | or impose the driver's license
suspension. If the suspension is | ||||||
22 | upheld, it shall become
effective 10 days from the date the | ||||||
23 | hearing decision is entered.
If the decision is to rescind the | ||||||
24 | suspension, no suspension of
driving privileges shall be | ||||||
25 | entered. The scope of this hearing
shall be limited to the |
| |||||||
| |||||||
1 | following issues:
| ||||||
2 | (a) Whether the driver is (i) the person who owes a duty to | ||||||
3 | make payments under
obligor covered by the court or | ||||||
4 | administrative
order of support or (ii) the person required to | ||||||
5 | comply with the subpoena or warrant relating to a paternity or | ||||||
6 | child support proceeding .
| ||||||
7 | (b) Whether (i) the authenticated document of a court
order | ||||||
8 | of support indicates that the obligor is 90
days or more | ||||||
9 | delinquent or has been adjudicated in arrears in an
amount | ||||||
10 | equal to 90 days obligation or more and has been found in
| ||||||
11 | contempt of court for failure to pay child support or (ii) the | ||||||
12 | certification of the Illinois Department of Healthcare and | ||||||
13 | Family Services under subsection (c) or Section 7-702 indicates | ||||||
14 | that the person is 90 days or more delinquent in payment of | ||||||
15 | support under an order of support issued by a court or | ||||||
16 | administrative body of this or any other State or that the | ||||||
17 | person has failed to comply with a subpoena or warrant relating | ||||||
18 | to a paternity or child support proceeding .
| ||||||
19 | (c) Whether (i) a superseding authenticated document of any
| ||||||
20 | court order of support has been entered or (ii) the Illinois | ||||||
21 | Department of Healthcare and Family Services, in a superseding | ||||||
22 | notification, has informed the Secretary of State that the | ||||||
23 | person certified under subsection (c) of Section 7-702 has paid | ||||||
24 | the support delinquency in full, arranged for payment of the | ||||||
25 | delinquency and current support obligation in a manner | ||||||
26 | satisfactory to the Department, or complied with the subpoena |
| |||||||
| |||||||
1 | or warrant relating to a paternity or child support proceeding .
| ||||||
2 | (Source: P.A. 89-92, eff. 7-1-96.)
| ||||||
3 | (625 ILCS 5/7-707)
| ||||||
4 | Sec. 7-707. Payment of reinstatement fee. When a person
an | ||||||
5 | obligor receives
notice from the Secretary of State that the | ||||||
6 | suspension of driving privileges
has been terminated based upon | ||||||
7 | (i) receipt of notification from the circuit
clerk of the | ||||||
8 | person's
obligor's compliance as obligor with a court order of
| ||||||
9 | support or (ii) receipt of notification from the Illinois | ||||||
10 | Department of Healthcare and Family Services that the person | ||||||
11 | whose driving privileges were terminated has paid the | ||||||
12 | delinquency in full, arranged for payment of the delinquency | ||||||
13 | and the current support obligation in a manner satisfactory to | ||||||
14 | the Department, or complied with a subpoena or warrant relating | ||||||
15 | to a paternity or a child support proceeding (in a case in | ||||||
16 | which the person's driving privileges were suspended upon a | ||||||
17 | certification by the Department under subsection (c) of Section | ||||||
18 | 7-702) , the obligor shall pay a $70 reinstatement fee to the
| ||||||
19 | Secretary of
State as set forth in Section 6-118 of this Code. | ||||||
20 | $30 of the $70 fee
shall be deposited
into the Family | ||||||
21 | Responsibility Fund. In accordance with subsection (e) of
| ||||||
22 | Section 6-115 of this Code, the Secretary of State may decline | ||||||
23 | to process a
renewal of a driver's license of a person who has | ||||||
24 | not paid this fee.
| ||||||
25 | (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 1-1-04.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-708)
| ||||||
2 | Sec. 7-708. Rules. The Secretary of State, using the | ||||||
3 | authority to license
motor vehicle operators, may adopt such | ||||||
4 | rules as may be necessary to establish
standards, policies, and | ||||||
5 | procedures for the suspension of driver's licenses for
| ||||||
6 | non-compliance with a court or administrative order of support | ||||||
7 | or a subpoena or warrant relating to a paternity or child | ||||||
8 | support proceeding .
| ||||||
9 | (Source: P.A. 89-92, eff. 7-1-96.)
| ||||||
10 | (625 ILCS 5/11-1430 new) | ||||||
11 | Sec. 11-1430. Vehicle immobilization and impoundment upon | ||||||
12 | certification of the Department of Healthcare and Family | ||||||
13 | Services. Any municipality may provide by ordinance for a | ||||||
14 | program of vehicle immobilization and impoundment in cases in | ||||||
15 | which the Department of Healthcare and Family Services has | ||||||
16 | certified to the municipality under Section 10-17.13 of the | ||||||
17 | Illinois Public Aid Code that the registered owner of a vehicle | ||||||
18 | owes past due support. The program shall provide for | ||||||
19 | immobilization of any eligible vehicle upon the public way by | ||||||
20 | presence of a restraint in a manner to prevent operation of the | ||||||
21 | vehicle and for subsequent towing and impoundment of such | ||||||
22 | vehicle solely upon the certification of past due support by | ||||||
23 | the Department of Healthcare and Family Services. Further | ||||||
24 | process, hearings, or redetermination of the past due support |
| |||||||
| |||||||
1 | by the municipality shall not be required under the ordinance. | ||||||
2 | The ordinance shall provide that the municipality may terminate | ||||||
3 | immobilization and impoundment of the vehicle if the registered | ||||||
4 | owner has arranged for payment of past and current support | ||||||
5 | obligations in a manner satisfactory to the Department of | ||||||
6 | Healthcare and Family Services. | ||||||
7 | Section 25. The Income Withholding for Support Act is | ||||||
8 | amended by changing Section 15 as follows:
| ||||||
9 | (750 ILCS 28/15)
| ||||||
10 | Sec. 15. Definitions.
| ||||||
11 | (a) "Order for support" means any order of the court
which | ||||||
12 | provides for periodic payment of funds for the support of a | ||||||
13 | child
or maintenance of a spouse, whether temporary or final, | ||||||
14 | and includes any
such order which provides for:
| ||||||
15 | (1) modification or resumption of, or payment of | ||||||
16 | arrearage, including interest, accrued under,
a previously | ||||||
17 | existing order;
| ||||||
18 | (2) reimbursement of support;
| ||||||
19 | (3) payment or reimbursement of the expenses of | ||||||
20 | pregnancy and delivery
(for orders for support entered | ||||||
21 | under the Illinois Parentage Act of 1984 or its
predecessor | ||||||
22 | the Paternity Act); or
| ||||||
23 | (4) enrollment in a health insurance plan that is | ||||||
24 | available to the
obligor through an employer or labor union |
| |||||||
| |||||||
1 | or trade union.
| ||||||
2 | (b) "Arrearage" means the total amount of unpaid support | ||||||
3 | obligations, including interest,
as determined by the court and | ||||||
4 | incorporated into an order for support.
| ||||||
5 | (b-5) "Business day" means a day on which State offices are | ||||||
6 | open for
regular business.
| ||||||
7 | (c) "Delinquency" means any payment, including a payment of | ||||||
8 | interest, under an order for support
which
becomes due and | ||||||
9 | remains unpaid after entry of the order for
support.
| ||||||
10 | (d) "Income" means any form of periodic payment to an | ||||||
11 | individual,
regardless of source, including, but not limited | ||||||
12 | to: wages, salary,
commission, compensation as an independent | ||||||
13 | contractor, workers'
compensation, disability, annuity, | ||||||
14 | pension, and retirement benefits,
lottery prize
awards, | ||||||
15 | insurance proceeds, vacation pay, bonuses, profit-sharing | ||||||
16 | payments, severance pay,
interest,
and any other payments, made | ||||||
17 | by any person, private entity, federal or
state government, any | ||||||
18 | unit of local government, school district or any
entity created | ||||||
19 | by Public Act; however, "income" excludes:
| ||||||
20 | (1) any amounts required by law to be withheld, other | ||||||
21 | than creditor
claims, including, but not limited to, | ||||||
22 | federal, State and local taxes,
Social Security and other | ||||||
23 | retirement and disability contributions;
| ||||||
24 | (2) union dues;
| ||||||
25 | (3) any amounts exempted by the federal Consumer Credit | ||||||
26 | Protection Act;
|
| |||||||
| |||||||
1 | (4) public assistance payments; and
| ||||||
2 | (5) unemployment insurance benefits except as provided | ||||||
3 | by law.
| ||||||
4 | Any other State or local laws which limit or exempt income | ||||||
5 | or the amount
or percentage of income that can be withheld | ||||||
6 | shall not apply.
| ||||||
7 | (e) "Obligor" means the individual who owes a duty to make | ||||||
8 | payments under an
order for support.
| ||||||
9 | (f) "Obligee" means the individual to whom a duty of | ||||||
10 | support is owed or
the individual's legal representative.
| ||||||
11 | (g) "Payor" means any payor of income to an obligor.
| ||||||
12 | (h) "Public office" means any elected official or any State | ||||||
13 | or local agency
which is or may become responsible by law for | ||||||
14 | enforcement of, or which
is or may become authorized to | ||||||
15 | enforce, an order for support, including,
but not limited to: | ||||||
16 | the Attorney General, the Illinois Department of Healthcare and | ||||||
17 | Family Services
Public
Aid , the Illinois Department of Human | ||||||
18 | Services,
the Illinois Department of Children and Family | ||||||
19 | Services, and the various
State's Attorneys, Clerks of the | ||||||
20 | Circuit Court and supervisors of general
assistance.
| ||||||
21 | (i) "Premium" means the dollar amount for which the obligor | ||||||
22 | is liable
to his employer or labor union or trade union and | ||||||
23 | which must be paid to enroll
or maintain a child in a health | ||||||
24 | insurance plan that is available to the obligor
through an | ||||||
25 | employer or labor union or trade union.
| ||||||
26 | (j) "State Disbursement Unit" means the unit established to |
| |||||||
| |||||||
1 | collect and
disburse support payments in accordance with the | ||||||
2 | provisions of Section 10-26 of
the Illinois Public Aid Code.
| ||||||
3 | (k) "Title IV-D Agency" means the agency of this State | ||||||
4 | charged by law with
the duty to administer the child support | ||||||
5 | enforcement program established under
Title IV, Part D of the | ||||||
6 | Social Security Act and Article X of the Illinois
Public Aid | ||||||
7 | Code.
| ||||||
8 | (l) "Title IV-D case" means a case in which an obligee or | ||||||
9 | obligor is
receiving child support enforcement services under | ||||||
10 | Title IV, Part D of the
Social Security Act and Article X of | ||||||
11 | the Illinois Public Aid Code.
| ||||||
12 | (m) "National Medical Support Notice" means the notice | ||||||
13 | required for
enforcement of orders for support providing for | ||||||
14 | health insurance coverage of a
child under Title IV, Part D of | ||||||
15 | the Social Security Act, the Employee
Retirement Income | ||||||
16 | Security Act of 1974, and federal regulations promulgated
under | ||||||
17 | those Acts.
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18 | (n) "Employer" means a payor or labor union or trade union | ||||||
19 | with an employee
group health insurance plan and, for purposes | ||||||
20 | of the National Medical Support
Notice, also includes but is | ||||||
21 | not limited to:
| ||||||
22 | (1) any State or local governmental agency with a group | ||||||
23 | health
plan; and
| ||||||
24 | (2) any payor with a group health plan or "church plan" | ||||||
25 | covered
under the Employee Retirement Income Security Act | ||||||
26 | of 1974.
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1 | (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|