HB1747 Engrossed LRB095 07292 DRJ 27431 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-17.6 and by adding Sections 10-9.5 and
6 10-17.13 as follows:
 
7     (305 ILCS 5/10-9.5 new)
8     Sec. 10-9.5. Access to records. In any hearing, case,
9 appeal, or other matter arising out of the provisions
10 concerning the determination and enforcement of the support
11 responsibility of relatives, an obligor or obligee, or their
12 legal representatives, shall be entitled to review any case
13 records in the possession of the Illinois Department of
14 Healthcare and Family Services, the State Disbursement Unit, or
15 a circuit clerk with regard to that obligor or obligee that are
16 able to prove any matter relevant to the hearing, case, appeal,
17 or other matter if access to the record or portion of the
18 record is authorized by 42 U.S.C. 654.
 
19     (305 ILCS 5/10-17.6)  (from Ch. 23, par. 10-17.6)
20     Sec. 10-17.6. Certification of Past Due Support
21 Information to Licensing Agencies. The Illinois Department may
22 provide by rule for certification to any State licensing agency

 

 

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1 of (i) the failure of responsible relatives to comply with
2 subpoenas or warrants relating to paternity or child support
3 proceedings and (ii) past due support owed by responsible
4 relatives under a support order entered by a court or
5 administrative body of this or any other State on behalf of
6 resident or non-resident persons receiving child support
7 enforcement services under Title IV, Part D of the Social
8 Security Act. The rule shall provide for notice to and an
9 opportunity to be heard by each responsible relative affected
10 and any final administrative decision rendered by the
11 Department shall be reviewed only under and in accordance with
12 the Administrative Review Law.
13 (Source: P.A. 87-412.)
 
14     (305 ILCS 5/10-17.13 new)
15     Sec. 10-17.13. Vehicle immobilization and impoundment. The
16 Illinois Department may provide by rule for certification to
17 municipalities of past due support owed by responsible
18 relatives under a support order entered by a court or
19 administrative body of this or any other State on behalf of
20 resident or non-resident persons. The purpose of certification
21 shall be to effect collection of past due support by
22 immobilization and impoundment of vehicles registered to
23 responsible relatives pursuant to ordinances established by
24 such municipalities under Section 11-1430 of the Illinois
25 Vehicle Code.

 

 

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1     The rule shall provide for notice to and an opportunity to
2 be heard by each responsible relative affected, and any final
3 administrative decision rendered by the Department shall be
4 reviewed only under and in accordance with the Administrative
5 Review Law. A responsible relative may avoid certification to a
6 municipality for vehicle immobilization or arrange for
7 discontinuance of vehicle immobilization and impoundment
8 already engaged by payment of past due support or by entering
9 into a plan for payment of past and current child support
10 obligations in a manner satisfactory to the Illinois
11 Department.
 
12     Section 10. The Illinois Vehicle Code is amended by
13 changing Sections 6-103, 7-100, 7-701, 7-702, 7-704, 7-705,
14 7-706, 7-707, and 7-708 and by adding Sections 7-704.1 and
15 11-1430 as follows:
 
16     (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
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:
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
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;
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
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;
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
25     6-208;
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;
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
7     methods provided by law;
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;
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;
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
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;
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;
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, subject to the requirements and
20     procedures of Article VII of Chapter 7 of this Code
21     regarding those certifications;
22         15. To any person released from a term of imprisonment
23     for violating Section 9-3 of the Criminal Code of 1961 or a
24     similar provision of a law of another state relating to
25     reckless homicide or for violating subparagraph (F) of
26     paragraph (1) of subsection (d) of Section 11-501 of this

 

 

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

 

 

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1     The Secretary of State shall retain all conviction
2 information, if the information is required to be held
3 confidential under the Juvenile Court Act of 1987.
4 (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783,
5 eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556,
6 eff. 9-11-05.)
 
7     (625 ILCS 5/7-100)  (from Ch. 95 1/2, par. 7-100)
8     Sec. 7-100. Definition of words and phrases.
9 Notwithstanding the definitions set forth in Chapter 1, for the
10 purposes of this Chapter, the following words shall have the
11 following meanings ascribed to them:
12     Administrative order of support. An order for the support
13 of dependent children issued by an administrative body of this
14 or any other State.
15     Administrator. The Department of Transportation.
16     Arrearage. The total amount of unpaid support obligations.
17     Authenticated document. A document from a court which
18 contains a court stamp, showing it is filed with the court, or
19 notarized, or is certified by the custodian of the original.
20     Compliance with a court order of support. The support
21 obligor is no more than an amount equal to 90 days obligation
22 in arrears in making payments in full for current support, or
23 in making periodic payments on a support arrearage as
24 determined by a court.
25     Court order of support. A judgment order for the support of

 

 

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1 dependent children issued by a court of this State, including a
2 judgment of dissolution of marriage. With regard to a
3 certification by the Department of Healthcare and Family
4 Services under subsection (c) of Section 7-702, the term "court
5 order of support" shall include an order of support entered by
6 a court of this or any other State.
7     Driver's license. A license or permit to operate a motor
8 vehicle in the State, including the privilege of a person to
9 drive a motor vehicle whether or not the person holds a valid
10 license or permit.
11     Family financial responsibility driving permit. A permit
12 granting limited driving privileges for employment or medical
13 purposes following a suspension of driving privileges under the
14 Family Financial Responsibility Law. This permit is valid only
15 after the entry of a court order granting the permit and
16 issuance of the permit by the Secretary of State's Office. An
17 individual's driving privileges must be valid except for the
18 family financial responsibility suspension in order for this
19 permit to be issued. In order to be valid, the permit must be
20 in the immediate possession of the driver to whom it is issued.
21     Judgment. A final judgment of any court of competent
22 jurisdiction of any State, against a person as defendant for
23 damages on account of bodily injury to or death of any person
24 or damages to property resulting from the operation of any
25 motor vehicle.
26     Obligor. The individual who owes a duty to make payments

 

 

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1 under a court order of support.
2     Obligee. The individual or other legal entity to whom a
3 duty of support is owed through a court order of support or the
4 individual's legal representatives.
5 (Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
 
6     (625 ILCS 5/7-701)
7     Sec. 7-701. Findings and purpose. The General Assembly
8 finds that the timely receipt of adequate financial support has
9 the effect of reducing poverty and State expenditures for
10 welfare dependency among children, and that the timely payment
11 of adequate child support demonstrates financial
12 responsibility. Further, the General Assembly finds that the
13 State has a compelling interest in ensuring that drivers within
14 the State demonstrate financial responsibility, including
15 family financial responsibility, in order to safely own and
16 operate a motor vehicle. To this end, the Secretary of State is
17 authorized to establish systems to suspend driver's licenses
18 for failure to comply with court and administrative orders of
19 support.
20 (Source: P.A. 91-613, eff. 7-1-00.)
 
21     (625 ILCS 5/7-702)
22     Sec. 7-702. Suspension of driver's license for failure to
23 comply with order to pay child support.
24     (a) The Secretary of State shall suspend the driver's

 

 

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1 license issued to an obligor upon receiving an authenticated
2 report provided for in subsection (a) of Section 7-703, that
3 the person is 90 days or more delinquent in court ordered child
4 support payments or has been adjudicated in arrears in an
5 amount equal to 90 days obligation or more, and has been found
6 in contempt by the court for failure to pay the support.
7     (b) The Secretary of State shall suspend the driver's
8 license issued to an obligor upon receiving an authenticated
9 document provided for in subsection (b) of Section 7-703, that
10 the person has been adjudicated in arrears in court ordered
11 child support payments in an amount equal to 90 days obligation
12 or more, but has not been held in contempt of court, and that
13 the court has ordered that the person's driving privileges be
14 suspended. The obligor's driver's license shall be suspended
15 until such time as the Secretary of State receives
16 authenticated documentation that the obligor is in compliance
17 with the court order of support. When the obligor complies with
18 the court ordered child support payments, the circuit court
19 shall report the obligor's compliance with the court order of
20 support to the Secretary of State, on a form prescribed by the
21 Secretary of State, and shall order that the obligor's driver's
22 license be reinstated.
23     (c) The Secretary of State shall suspend a driver's license
24 upon certification by the Illinois Department of Healthcare and
25 Family Services, in a manner and form prescribed by the
26 Illinois Secretary of State, that the person licensed is 90

 

 

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1 days or more delinquent in payment of support under an order of
2 support issued by a court or administrative body of this or any
3 other State. The Secretary of State may reinstate the person's
4 driver's license if notified by the Department of Healthcare
5 and Family Services that the person has paid the support
6 delinquency in full or has arranged for payment of the
7 delinquency and current support obligation in a manner
8 satisfactory to the Department of Healthcare and Family
9 Services.
10 (Source: P.A. 91-613, eff. 7-1-00.)
 
11     (625 ILCS 5/7-704)
12     Sec. 7-704. Suspension to continue until compliance with
13 court order of support.
14     (a) The suspension of a driver's license shall remain in
15 effect unless and until the Secretary of State receives
16 authenticated documentation that the obligor is in compliance
17 with a court order of support or that the order has been stayed
18 by a subsequent order of the court. Full driving privileges
19 shall not be issued by the Secretary of State until
20 notification of compliance has been received from the court.
21 The circuit clerks shall report the obligor's compliance with a
22 court order of support to the Secretary of State, on a form
23 prescribed by the Secretary.
24     (b) Whenever, after one suspension of an individual's
25 driver's license for failure to pay child support, another

 

 

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1 order of non-payment is entered against the obligor and the
2 person fails to come into compliance with the court order of
3 support, then the Secretary shall again suspend the driver's
4 license of the individual and that suspension shall not be
5 removed unless the obligor is in full compliance with the court
6 order of support and has made full payment on all arrearages.
7     (c) Section 7-704.1, and not this Section, governs the
8 duration of a driver's license suspension if the suspension
9 occurs as the result of a certification by the Illinois
10 Department of Healthcare and Family Services under subsection
11 (c) of Section 7-702.
12 (Source: P.A. 89-92, eff. 7-1-96.)
 
13     (625 ILCS 5/7-704.1 new)
14     Sec. 7-704.1. Duration of driver's license suspension upon
15 certification of Department of Healthcare and Family Services.
16     (a) When a suspension of a driver's license occurs as the
17 result of a certification by the Illinois Department of
18 Healthcare and Family Services under subsection (c) of Section
19 7-702, the suspension shall remain in effect until the
20 Secretary of State receives notification from the Department
21 that the person whose license was suspended has paid the
22 support delinquency in full or has arranged for payment of the
23 delinquency and current support obligation in a manner
24 satisfactory to the Department.
25     (b) Whenever, after one suspension of an individual's

 

 

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1 driver's license based on certification of the Department of
2 Healthcare and Family Services, another certification is
3 received from the Department of Healthcare and Family Services,
4 the Secretary shall again suspend the driver's license of that
5 individual and that suspension shall not be removed unless the
6 obligor is in full compliance with the order of support and has
7 made full payment on all arrearages.
 
8     (625 ILCS 5/7-705)
9     Sec. 7-705. Notice. The Secretary of State, prior to
10 suspending a driver's license under this Chapter, shall serve
11 written notice upon an obligor that the individual's driver's
12 license will be suspended in 60 days from the date on the
13 notice unless (i) the obligor satisfies the court order of
14 support and the circuit clerk notifies the Secretary of State
15 of this compliance or (ii) if the Illinois Department of
16 Healthcare and Family Services has made a certification to the
17 Secretary of State under subsection (c) of Section 7-702, the
18 Department notifies the Secretary of State that the person
19 licensed has paid the support delinquency in full or has
20 arranged for payment of the delinquency and current support
21 obligation in a manner satisfactory to the Department.
22 (Source: P.A. 89-92, eff. 7-1-96.)
 
23     (625 ILCS 5/7-706)
24     Sec. 7-706. Administrative hearing. A driver may contest

 

 

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1 this driver's license sanction by requesting an administrative
2 hearing in accordance with Section 2-118 of this Code. If a
3 written request for this hearing is received prior to the
4 effective date of the suspension, the suspension shall be
5 stayed. If a stay of the suspension is granted, it shall remain
6 in effect until a hearing decision is entered. At the
7 conclusion of this hearing, the Secretary of State may rescind
8 or impose the driver's license suspension. If the suspension is
9 upheld, it shall become effective 10 days from the date the
10 hearing decision is entered. If the decision is to rescind the
11 suspension, no suspension of driving privileges shall be
12 entered. The scope of this hearing shall be limited to the
13 following issues:
14     (a) Whether the driver is the person who owes a duty to
15 make payments under obligor covered by the court or
16 administrative order of support.
17     (b) Whether (i) the authenticated document of a court order
18 of support indicates that the obligor is 90 days or more
19 delinquent or has been adjudicated in arrears in an amount
20 equal to 90 days obligation or more and has been found in
21 contempt of court for failure to pay child support or (ii) the
22 certification of the Illinois Department of Healthcare and
23 Family Services under subsection (c) or Section 7-702 indicates
24 that the person is 90 days or more delinquent in payment of
25 support under an order of support issued by a court or
26 administrative body of this or any other State.

 

 

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1     (c) Whether (i) a superseding authenticated document of any
2 court order of support has been entered or (ii) the Illinois
3 Department of Healthcare and Family Services, in a superseding
4 notification, has informed the Secretary of State that the
5 person certified under subsection (c) of Section 7-702 has paid
6 the support delinquency in full or has arranged for payment of
7 the delinquency and current support obligation in a manner
8 satisfactory to the Department.
9 (Source: P.A. 89-92, eff. 7-1-96.)
 
10     (625 ILCS 5/7-707)
11     Sec. 7-707. Payment of reinstatement fee. When a person an
12 obligor receives notice from the Secretary of State that the
13 suspension of driving privileges has been terminated based upon
14 (i) receipt of notification from the circuit clerk of the
15 person's obligor's compliance as obligor with a court order of
16 support or (ii) receipt of notification from the Illinois
17 Department of Healthcare and Family Services that the person
18 whose driving privileges were terminated has paid the
19 delinquency in full or has arranged for payment of the
20 delinquency and the current support obligation in a manner
21 satisfactory to the Department (in a case in which the person's
22 driving privileges were suspended upon a certification by the
23 Department under subsection (c) of Section 7-702), the obligor
24 shall pay a $70 reinstatement fee to the Secretary of State as
25 set forth in Section 6-118 of this Code. $30 of the $70 fee

 

 

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1 shall be deposited into the Family Responsibility Fund. In
2 accordance with subsection (e) of Section 6-115 of this Code,
3 the Secretary of State may decline to process a renewal of a
4 driver's license of a person who has not paid this fee.
5 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 1-1-04.)
 
6     (625 ILCS 5/7-708)
7     Sec. 7-708. Rules. The Secretary of State, using the
8 authority to license motor vehicle operators, may adopt such
9 rules as may be necessary to establish standards, policies, and
10 procedures for the suspension of driver's licenses for
11 non-compliance with a court or administrative order of support.
12 (Source: P.A. 89-92, eff. 7-1-96.)
 
13     (625 ILCS 5/11-1430 new)
14     Sec. 11-1430. Vehicle immobilization and impoundment upon
15 certification of the Department of Healthcare and Family
16 Services. Any municipality may provide by ordinance for a
17 program of vehicle immobilization and impoundment in cases in
18 which the Department of Healthcare and Family Services has
19 certified to the municipality under Section 10-17.13 of the
20 Illinois Public Aid Code that the registered owner of a vehicle
21 owes past due support. The program shall provide for
22 immobilization of any eligible vehicle upon the public way by
23 presence of a restraint in a manner to prevent operation of the
24 vehicle and for subsequent towing and impoundment of such

 

 

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1 vehicle solely upon the certification of past due support by
2 the Department of Healthcare and Family Services. Further
3 process, hearings, or redetermination of the past due support
4 by the municipality shall not be required under the ordinance.
5 The ordinance shall provide that the municipality may terminate
6 immobilization and impoundment of the vehicle if the registered
7 owner has arranged for payment of past and current support
8 obligations in a manner satisfactory to the Department of
9 Healthcare and Family Services.
 
10     Section 15. The Income Withholding for Support Act is
11 amended by changing Section 15 as follows:
 
12     (750 ILCS 28/15)
13     Sec. 15. Definitions.
14     (a) "Order for support" means any order of the court which
15 provides for periodic payment of funds for the support of a
16 child or maintenance of a spouse, whether temporary or final,
17 and includes any such order which provides for:
18         (1) modification or resumption of, or payment of
19     arrearage, including interest, accrued under, a previously
20     existing order;
21         (2) reimbursement of support;
22         (3) payment or reimbursement of the expenses of
23     pregnancy and delivery (for orders for support entered
24     under the Illinois Parentage Act of 1984 or its predecessor

 

 

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1     the Paternity Act); or
2         (4) enrollment in a health insurance plan that is
3     available to the obligor through an employer or labor union
4     or trade union.
5     (b) "Arrearage" means the total amount of unpaid support
6 obligations, including interest, as determined by the court and
7 incorporated into an order for support.
8     (b-5) "Business day" means a day on which State offices are
9 open for regular business.
10     (c) "Delinquency" means any payment, including a payment of
11 interest, under an order for support which becomes due and
12 remains unpaid after entry of the order for support.
13     (d) "Income" means any form of periodic payment to an
14 individual, regardless of source, including, but not limited
15 to: wages, salary, commission, compensation as an independent
16 contractor, workers' compensation, disability, annuity,
17 pension, and retirement benefits, lottery prize awards,
18 insurance proceeds, vacation pay, bonuses, profit-sharing
19 payments, severance pay, interest, and any other payments, made
20 by any person, private entity, federal or state government, any
21 unit of local government, school district or any entity created
22 by Public Act; however, "income" excludes:
23         (1) any amounts required by law to be withheld, other
24     than creditor claims, including, but not limited to,
25     federal, State and local taxes, Social Security and other
26     retirement and disability contributions;

 

 

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1         (2) union dues;
2         (3) any amounts exempted by the federal Consumer Credit
3     Protection Act;
4         (4) public assistance payments; and
5         (5) unemployment insurance benefits except as provided
6     by law.
7     Any other State or local laws which limit or exempt income
8 or the amount or percentage of income that can be withheld
9 shall not apply.
10     (e) "Obligor" means the individual who owes a duty to make
11 payments under an order for support.
12     (f) "Obligee" means the individual to whom a duty of
13 support is owed or the individual's legal representative.
14     (g) "Payor" means any payor of income to an obligor.
15     (h) "Public office" means any elected official or any State
16 or local agency which is or may become responsible by law for
17 enforcement of, or which is or may become authorized to
18 enforce, an order for support, including, but not limited to:
19 the Attorney General, the Illinois Department of Healthcare and
20 Family Services Public Aid, the Illinois Department of Human
21 Services, the Illinois Department of Children and Family
22 Services, and the various State's Attorneys, Clerks of the
23 Circuit Court and supervisors of general assistance.
24     (i) "Premium" means the dollar amount for which the obligor
25 is liable to his employer or labor union or trade union and
26 which must be paid to enroll or maintain a child in a health

 

 

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1 insurance plan that is available to the obligor through an
2 employer or labor union or trade union.
3     (j) "State Disbursement Unit" means the unit established to
4 collect and disburse support payments in accordance with the
5 provisions of Section 10-26 of the Illinois Public Aid Code.
6     (k) "Title IV-D Agency" means the agency of this State
7 charged by law with the duty to administer the child support
8 enforcement program established under Title IV, Part D of the
9 Social Security Act and Article X of the Illinois Public Aid
10 Code.
11     (l) "Title IV-D case" means a case in which an obligee or
12 obligor is receiving child support enforcement services under
13 Title IV, Part D of the Social Security Act and Article X of
14 the Illinois Public Aid Code.
15     (m) "National Medical Support Notice" means the notice
16 required for enforcement of orders for support providing for
17 health insurance coverage of a child under Title IV, Part D of
18 the Social Security Act, the Employee Retirement Income
19 Security Act of 1974, and federal regulations promulgated under
20 those Acts.
21     (n) "Employer" means a payor or labor union or trade union
22 with an employee group health insurance plan and, for purposes
23 of the National Medical Support Notice, also includes but is
24 not limited to:
25         (1) any State or local governmental agency with a group
26     health plan; and

 

 

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1         (2) any payor with a group health plan or "church plan"
2     covered under the Employee Retirement Income Security Act
3     of 1974.
4 (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.