Rep. Cynthia Soto

Filed: 4/26/2007

 

 


 

 


 
09500HB1747ham004 LRB095 07292 DRJ 35642 a

1
AMENDMENT TO HOUSE BILL 1747

2     AMENDMENT NO. ______. Amend House Bill 1747 by replacing
3 everything after the enacting clause with the following:
 
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,

 

 

09500HB1747ham004 - 2 - LRB095 07292 DRJ 35642 a

1 or other matter if access to the record or portion of the
2 record is authorized by 42 U.S.C. 654.
 
3     (305 ILCS 5/10-17.6)  (from Ch. 23, par. 10-17.6)
4     Sec. 10-17.6. Certification of Past Due Support
5 Information to Licensing Agencies. The Illinois Department may
6 provide by rule for certification to any State licensing agency
7 of (i) the failure of responsible relatives to comply with
8 subpoenas or warrants relating to paternity or child support
9 proceedings and (ii) past due support owed by responsible
10 relatives under a support order entered by a court or
11 administrative body of this or any other State on behalf of
12 resident or non-resident persons receiving child support
13 enforcement services under Title IV, Part D of the Social
14 Security Act. The rule shall provide for notice to and an
15 opportunity to be heard by each responsible relative affected
16 and any final administrative decision rendered by the
17 Department shall be reviewed only under and in accordance with
18 the Administrative Review Law.
19 (Source: P.A. 87-412.)
 
20     (305 ILCS 5/10-17.13 new)
21     Sec. 10-17.13. Vehicle immobilization and impoundment. The
22 Illinois Department may provide by rule for certification to
23 municipalities of past due support owed by responsible
24 relatives under a support order entered by a court or

 

 

09500HB1747ham004 - 3 - LRB095 07292 DRJ 35642 a

1 administrative body of this or any other State on behalf of
2 resident or non-resident persons. The purpose of certification
3 shall be to effect collection of past due support by
4 immobilization and impoundment of vehicles registered to
5 responsible relatives pursuant to ordinances established by
6 such municipalities under Section 11-1430 of the Illinois
7 Vehicle Code.
8     The rule shall provide for notice to and an opportunity to
9 be heard by each responsible relative affected, and any final
10 administrative decision rendered by the Department shall be
11 reviewed only under and in accordance with the Administrative
12 Review Law. A responsible relative may avoid certification to a
13 municipality for vehicle immobilization or arrange for
14 discontinuance of vehicle immobilization and impoundment
15 already engaged by payment of past due support or by entering
16 into a plan for payment of past and current child support
17 obligations in a manner satisfactory to the Illinois
18 Department.
 
19     Section 10. The Illinois Vehicle Code is amended by
20 changing Sections 6-103, 7-100, 7-701, 7-702, 7-704, 7-705,
21 7-706, 7-707, and 7-708 and by adding Sections 7-704.1 and
22 11-1430 as follows:
 
23     (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
24     Sec. 6-103. What persons shall not be licensed as drivers

 

 

09500HB1747ham004 - 4 - LRB095 07292 DRJ 35642 a

1 or granted permits. The Secretary of State shall not issue,
2 renew, or allow the retention of any driver's license nor issue
3 any permit under this Code:
4         1. To any person, as a driver, who is under the age of
5     18 years except as provided in Section 6-107, and except
6     that an instruction permit may be issued under Section
7     6-107.1 to a child who is not less than 15 years of age if
8     the child is enrolled in an approved driver education
9     course as defined in Section 1-103 of this Code and
10     requires an instruction permit to participate therein,
11     except that an instruction permit may be issued under the
12     provisions of Section 6-107.1 to a child who is 17 years
13     and 9 months of age without the child having enrolled in an
14     approved driver education course and except that an
15     instruction permit may be issued to a child who is at least
16     15 years and 6 months of age, is enrolled in school, meets
17     the educational requirements of the Driver Education Act,
18     and has passed examinations the Secretary of State in his
19     or her discretion may prescribe;
20         2. To any person who is under the age of 18 as an
21     operator of a motorcycle other than a motor driven cycle
22     unless the person has, in addition to meeting the
23     provisions of Section 6-107 of this Code, successfully
24     completed a motorcycle training course approved by the
25     Illinois Department of Transportation and successfully
26     completes the required Secretary of State's motorcycle

 

 

09500HB1747ham004 - 5 - LRB095 07292 DRJ 35642 a

1     driver's examination;
2         3. To any person, as a driver, whose driver's license
3     or permit has been suspended, during the suspension, nor to
4     any person whose driver's license or permit has been
5     revoked, except as provided in Sections 6-205, 6-206, and
6     6-208;
7         4. To any person, as a driver, who is a user of alcohol
8     or any other drug to a degree that renders the person
9     incapable of safely driving a motor vehicle;
10         5. To any person, as a driver, who has previously been
11     adjudged to be afflicted with or suffering from any mental
12     or physical disability or disease and who has not at the
13     time of application been restored to competency by the
14     methods provided by law;
15         6. To any person, as a driver, who is required by the
16     Secretary of State to submit an alcohol and drug evaluation
17     or take an examination provided for in this Code unless the
18     person has successfully passed the examination and
19     submitted any required evaluation;
20         7. To any person who is required under the provisions
21     of the laws of this State to deposit security or proof of
22     financial responsibility and who has not deposited the
23     security or proof;
24         8. To any person when the Secretary of State has good
25     cause to believe that the person by reason of physical or
26     mental disability would not be able to safely operate a

 

 

09500HB1747ham004 - 6 - LRB095 07292 DRJ 35642 a

1     motor vehicle upon the highways, unless the person shall
2     furnish to the Secretary of State a verified written
3     statement, acceptable to the Secretary of State, from a
4     competent medical specialist to the effect that the
5     operation of a motor vehicle by the person would not be
6     inimical to the public safety;
7         9. To any person, as a driver, who is 69 years of age
8     or older, unless the person has successfully complied with
9     the provisions of Section 6-109;
10         10. To any person convicted, within 12 months of
11     application for a license, of any of the sexual offenses
12     enumerated in paragraph 2 of subsection (b) of Section
13     6-205;
14         11. To any person who is under the age of 21 years with
15     a classification prohibited in paragraph (b) of Section
16     6-104 and to any person who is under the age of 18 years
17     with a classification prohibited in paragraph (c) of
18     Section 6-104;
19         12. To any person who has been either convicted of or
20     adjudicated under the Juvenile Court Act of 1987 based upon
21     a violation of the Cannabis Control Act, the Illinois
22     Controlled Substances Act, or the Methamphetamine Control
23     and Community Protection Act while that person was in
24     actual physical control of a motor vehicle. For purposes of
25     this Section, any person placed on probation under Section
26     10 of the Cannabis Control Act, Section 410 of the Illinois

 

 

09500HB1747ham004 - 7 - LRB095 07292 DRJ 35642 a

1     Controlled Substances Act, or Section 70 of the
2     Methamphetamine Control and Community Protection Act shall
3     not be considered convicted. Any person found guilty of
4     this offense, while in actual physical control of a motor
5     vehicle, shall have an entry made in the court record by
6     the judge that this offense did occur while the person was
7     in actual physical control of a motor vehicle and order the
8     clerk of the court to report the violation to the Secretary
9     of State as such. The Secretary of State shall not issue a
10     new license or permit for a period of one year;
11         13. To any person who is under the age of 18 years and
12     who has committed the offense of operating a motor vehicle
13     without a valid license or permit in violation of Section
14     6-101;
15         14. To any person who is 90 days or more delinquent in
16     court ordered child support payments or has been
17     adjudicated in arrears in an amount equal to 90 days'
18     obligation or more and who has been found in contempt of
19     court for failure to pay the support, subject to the
20     requirements and procedures of Article VII of Chapter 7 of
21     the Illinois Vehicle Code;
22         14.5. To any person certified by the Illinois
23     Department of Healthcare and Family Services as being 90
24     days or more delinquent in payment of support under an
25     order of support entered by a court or administrative body
26     of this or any other State, subject to the requirements and

 

 

09500HB1747ham004 - 8 - LRB095 07292 DRJ 35642 a

1     procedures of Article VII of Chapter 7 of this Code
2     regarding those certifications;
3         15. To any person released from a term of imprisonment
4     for violating Section 9-3 of the Criminal Code of 1961 or a
5     similar provision of a law of another state relating to
6     reckless homicide or for violating subparagraph (F) of
7     paragraph (1) of subsection (d) of Section 11-501 of this
8     Code relating to aggravated driving under the influence of
9     alcohol, other drug or drugs, intoxicating compound or
10     compounds, or any combination thereof, if the violation was
11     the proximate cause of a death, within 24 months of release
12     from a term of imprisonment;
13         16. To any person who, with intent to influence any act
14     related to the issuance of any driver's license or permit,
15     by an employee of the Secretary of State's Office, or the
16     owner or employee of any commercial driver training school
17     licensed by the Secretary of State, or any other individual
18     authorized by the laws of this State to give driving
19     instructions or administer all or part of a driver's
20     license examination, promises or tenders to that person any
21     property or personal advantage which that person is not
22     authorized by law to accept. Any persons promising or
23     tendering such property or personal advantage shall be
24     disqualified from holding any class of driver's license or
25     permit for 120 consecutive days. The Secretary of State
26     shall establish by rule the procedures for implementing

 

 

09500HB1747ham004 - 9 - LRB095 07292 DRJ 35642 a

1     this period of disqualification and the procedures by which
2     persons so disqualified may obtain administrative review
3     of the decision to disqualify; or
4         17. To any person for whom the Secretary of State
5     cannot verify the accuracy of any information or
6     documentation submitted in application for a driver's
7     license.
8     The Secretary of State shall retain all conviction
9 information, if the information is required to be held
10 confidential under the Juvenile Court Act of 1987.
11 (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783,
12 eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556,
13 eff. 9-11-05.)
 
14     (625 ILCS 5/7-100)  (from Ch. 95 1/2, par. 7-100)
15     Sec. 7-100. Definition of words and phrases.
16 Notwithstanding the definitions set forth in Chapter 1, for the
17 purposes of this Chapter, the following words shall have the
18 following meanings ascribed to them:
19     Administrative order of support. An order for the support
20 of dependent children issued by an administrative body of this
21 or any other State.
22     Administrator. The Department of Transportation.
23     Arrearage. The total amount of unpaid support obligations.
24     Authenticated document. A document from a court which
25 contains a court stamp, showing it is filed with the court, or

 

 

09500HB1747ham004 - 10 - LRB095 07292 DRJ 35642 a

1 notarized, or is certified by the custodian of the original.
2     Compliance with a court order of support. The support
3 obligor is no more than an amount equal to 90 days obligation
4 in arrears in making payments in full for current support, or
5 in making periodic payments on a support arrearage as
6 determined by a court.
7     Court order of support. A judgment order for the support of
8 dependent children issued by a court of this State, including a
9 judgment of dissolution of marriage. With regard to a
10 certification by the Department of Healthcare and Family
11 Services under subsection (c) of Section 7-702, the term "court
12 order of support" shall include an order of support entered by
13 a court of this or any other State.
14     Driver's license. A license or permit to operate a motor
15 vehicle in the State, including the privilege of a person to
16 drive a motor vehicle whether or not the person holds a valid
17 license or permit.
18     Family financial responsibility driving permit. A permit
19 granting limited driving privileges for employment or medical
20 purposes following a suspension of driving privileges under the
21 Family Financial Responsibility Law. This permit is valid only
22 after the entry of a court order granting the permit and
23 issuance of the permit by the Secretary of State's Office. An
24 individual's driving privileges must be valid except for the
25 family financial responsibility suspension in order for this
26 permit to be issued. In order to be valid, the permit must be

 

 

09500HB1747ham004 - 11 - LRB095 07292 DRJ 35642 a

1 in the immediate possession of the driver to whom it is issued.
2     Judgment. A final judgment of any court of competent
3 jurisdiction of any State, against a person as defendant for
4 damages on account of bodily injury to or death of any person
5 or damages to property resulting from the operation of any
6 motor vehicle.
7     Obligor. The individual who owes a duty to make payments
8 under a court order of support.
9     Obligee. The individual or other legal entity to whom a
10 duty of support is owed through a court order of support or the
11 individual's legal representatives.
12 (Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
 
13     (625 ILCS 5/7-701)
14     Sec. 7-701. Findings and purpose. The General Assembly
15 finds that the timely receipt of adequate financial support has
16 the effect of reducing poverty and State expenditures for
17 welfare dependency among children, and that the timely payment
18 of adequate child support demonstrates financial
19 responsibility. Further, the General Assembly finds that the
20 State has a compelling interest in ensuring that drivers within
21 the State demonstrate financial responsibility, including
22 family financial responsibility, in order to safely own and
23 operate a motor vehicle. To this end, the Secretary of State is
24 authorized to establish systems to suspend driver's licenses
25 for failure to comply with court and administrative orders of

 

 

09500HB1747ham004 - 12 - LRB095 07292 DRJ 35642 a

1 support.
2 (Source: P.A. 91-613, eff. 7-1-00.)
 
3     (625 ILCS 5/7-702)
4     Sec. 7-702. Suspension of driver's license for failure to
5 comply with order to pay child support.
6     (a) The Secretary of State shall suspend the driver's
7 license issued to an obligor upon receiving an authenticated
8 report provided for in subsection (a) of Section 7-703, that
9 the person is 90 days or more delinquent in court ordered child
10 support payments or has been adjudicated in arrears in an
11 amount equal to 90 days obligation or more, and has been found
12 in contempt by the court for failure to pay the support.
13     (b) The Secretary of State shall suspend the driver's
14 license issued to an obligor upon receiving an authenticated
15 document provided for in subsection (b) of Section 7-703, that
16 the person has been adjudicated in arrears in court ordered
17 child support payments in an amount equal to 90 days obligation
18 or more, but has not been held in contempt of court, and that
19 the court has ordered that the person's driving privileges be
20 suspended. The obligor's driver's license shall be suspended
21 until such time as the Secretary of State receives
22 authenticated documentation that the obligor is in compliance
23 with the court order of support. When the obligor complies with
24 the court ordered child support payments, the circuit court
25 shall report the obligor's compliance with the court order of

 

 

09500HB1747ham004 - 13 - LRB095 07292 DRJ 35642 a

1 support to the Secretary of State, on a form prescribed by the
2 Secretary of State, and shall order that the obligor's driver's
3 license be reinstated.
4     (c) The Secretary of State shall suspend a driver's license
5 upon certification by the Illinois Department of Healthcare and
6 Family Services, in a manner and form prescribed by the
7 Illinois Secretary of State, that the person licensed is 90
8 days or more delinquent in payment of support under an order of
9 support issued by a court or administrative body of this or any
10 other State. The Secretary of State may reinstate the person's
11 driver's license if notified by the Department of Healthcare
12 and Family Services that the person has paid the support
13 delinquency in full or has arranged for payment of the
14 delinquency and current support obligation in a manner
15 satisfactory to the Department of Healthcare and Family
16 Services.
17 (Source: P.A. 91-613, eff. 7-1-00.)
 
18     (625 ILCS 5/7-704)
19     Sec. 7-704. Suspension to continue until compliance with
20 court order of support.
21     (a) The suspension of a driver's license shall remain in
22 effect unless and until the Secretary of State receives
23 authenticated documentation that the obligor is in compliance
24 with a court order of support or that the order has been stayed
25 by a subsequent order of the court. Full driving privileges

 

 

09500HB1747ham004 - 14 - LRB095 07292 DRJ 35642 a

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

 

 

09500HB1747ham004 - 15 - LRB095 07292 DRJ 35642 a

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

 

 

09500HB1747ham004 - 16 - LRB095 07292 DRJ 35642 a

1 licensed has paid the support delinquency in full or has
2 arranged for payment of the delinquency and current support
3 obligation in a manner satisfactory to the Department.
4 (Source: P.A. 89-92, eff. 7-1-96.)
 
5     (625 ILCS 5/7-706)
6     Sec. 7-706. Administrative hearing. A driver may contest
7 this driver's license sanction by requesting an administrative
8 hearing in accordance with Section 2-118 of this Code. If a
9 written request for this hearing is received prior to the
10 effective date of the suspension, the suspension shall be
11 stayed. If a stay of the suspension is granted, it shall remain
12 in effect until a hearing decision is entered. At the
13 conclusion of this hearing, the Secretary of State may rescind
14 or impose the driver's license suspension. If the suspension is
15 upheld, it shall become effective 10 days from the date the
16 hearing decision is entered. If the decision is to rescind the
17 suspension, no suspension of driving privileges shall be
18 entered. The scope of this hearing shall be limited to the
19 following issues:
20     (a) Whether the driver is the person who owes a duty to
21 make payments under obligor covered by the court or
22 administrative order of support.
23     (b) Whether (i) the authenticated document of a court order
24 of support indicates that the obligor is 90 days or more
25 delinquent or has been adjudicated in arrears in an amount

 

 

09500HB1747ham004 - 17 - LRB095 07292 DRJ 35642 a

1 equal to 90 days obligation or more and has been found in
2 contempt of court for failure to pay child support or (ii) the
3 certification of the Illinois Department of Healthcare and
4 Family Services under subsection (c) or Section 7-702 indicates
5 that the person is 90 days or more delinquent in payment of
6 support under an order of support issued by a court or
7 administrative body of this or any other State.
8     (c) Whether (i) a superseding authenticated document of any
9 court order of support has been entered or (ii) the Illinois
10 Department of Healthcare and Family Services, in a superseding
11 notification, has informed the Secretary of State that the
12 person certified under subsection (c) of Section 7-702 has paid
13 the support delinquency in full or has arranged for payment of
14 the delinquency and current support obligation in a manner
15 satisfactory to the Department.
16 (Source: P.A. 89-92, eff. 7-1-96.)
 
17     (625 ILCS 5/7-707)
18     Sec. 7-707. Payment of reinstatement fee. When a person an
19 obligor receives notice from the Secretary of State that the
20 suspension of driving privileges has been terminated based upon
21 (i) receipt of notification from the circuit clerk of the
22 person's obligor's compliance as obligor with a court order of
23 support or (ii) receipt of notification from the Illinois
24 Department of Healthcare and Family Services that the person
25 whose driving privileges were terminated has paid the

 

 

09500HB1747ham004 - 18 - LRB095 07292 DRJ 35642 a

1 delinquency in full or has arranged for payment of the
2 delinquency and the current support obligation in a manner
3 satisfactory to the Department (in a case in which the person's
4 driving privileges were suspended upon a certification by the
5 Department under subsection (c) of Section 7-702), the obligor
6 shall pay a $70 reinstatement fee to the Secretary of State as
7 set forth in Section 6-118 of this Code. $30 of the $70 fee
8 shall be deposited into the Family Responsibility Fund. In
9 accordance with subsection (e) of Section 6-115 of this Code,
10 the Secretary of State may decline to process a renewal of a
11 driver's license of a person who has not paid this fee.
12 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 1-1-04.)
 
13     (625 ILCS 5/7-708)
14     Sec. 7-708. Rules. The Secretary of State, using the
15 authority to license motor vehicle operators, may adopt such
16 rules as may be necessary to establish standards, policies, and
17 procedures for the suspension of driver's licenses for
18 non-compliance with a court or administrative order of support.
19 (Source: P.A. 89-92, eff. 7-1-96.)
 
20     (625 ILCS 5/11-1430 new)
21     Sec. 11-1430. Vehicle immobilization and impoundment upon
22 certification of the Department of Healthcare and Family
23 Services. Any municipality may provide by ordinance for a
24 program of vehicle immobilization and impoundment in cases in

 

 

09500HB1747ham004 - 19 - LRB095 07292 DRJ 35642 a

1 which the Department of Healthcare and Family Services has
2 certified to the municipality under Section 10-17.13 of the
3 Illinois Public Aid Code that the registered owner of a vehicle
4 owes past due support. The program shall provide for
5 immobilization of any eligible vehicle upon the public way by
6 presence of a restraint in a manner to prevent operation of the
7 vehicle and for subsequent towing and impoundment of such
8 vehicle solely upon the certification of past due support by
9 the Department of Healthcare and Family Services. Further
10 process, hearings, or redetermination of the past due support
11 by the municipality shall not be required under the ordinance.
12 The ordinance shall provide that the municipality may terminate
13 immobilization and impoundment of the vehicle if the registered
14 owner has arranged for payment of past and current support
15 obligations in a manner satisfactory to the Department of
16 Healthcare and Family Services.
 
17     Section 15. The Income Withholding for Support Act is
18 amended by changing Section 15 as follows:
 
19     (750 ILCS 28/15)
20     Sec. 15. Definitions.
21     (a) "Order for support" means any order of the court which
22 provides for periodic payment of funds for the support of a
23 child or maintenance of a spouse, whether temporary or final,
24 and includes any such order which provides for:

 

 

09500HB1747ham004 - 20 - LRB095 07292 DRJ 35642 a

1         (1) modification or resumption of, or payment of
2     arrearage, including interest, accrued under, a previously
3     existing order;
4         (2) reimbursement of support;
5         (3) payment or reimbursement of the expenses of
6     pregnancy and delivery (for orders for support entered
7     under the Illinois Parentage Act of 1984 or its predecessor
8     the Paternity Act); or
9         (4) enrollment in a health insurance plan that is
10     available to the obligor through an employer or labor union
11     or trade union.
12     (b) "Arrearage" means the total amount of unpaid support
13 obligations, including interest, as determined by the court and
14 incorporated into an order for support.
15     (b-5) "Business day" means a day on which State offices are
16 open for regular business.
17     (c) "Delinquency" means any payment, including a payment of
18 interest, under an order for support which becomes due and
19 remains unpaid after entry of the order for support.
20     (d) "Income" means any form of periodic payment to an
21 individual, regardless of source, including, but not limited
22 to: wages, salary, commission, compensation as an independent
23 contractor, workers' compensation, disability, annuity,
24 pension, and retirement benefits, lottery prize awards,
25 insurance proceeds, vacation pay, bonuses, profit-sharing
26 payments, severance pay, interest, and any other payments, made

 

 

09500HB1747ham004 - 21 - LRB095 07292 DRJ 35642 a

1 by any person, private entity, federal or state government, any
2 unit of local government, school district or any entity created
3 by Public Act; however, "income" excludes:
4         (1) any amounts required by law to be withheld, other
5     than creditor claims, including, but not limited to,
6     federal, State and local taxes, Social Security and other
7     retirement and disability contributions;
8         (2) union dues;
9         (3) any amounts exempted by the federal Consumer Credit
10     Protection Act;
11         (4) public assistance payments; and
12         (5) unemployment insurance benefits except as provided
13     by law.
14     Any other State or local laws which limit or exempt income
15 or the amount or percentage of income that can be withheld
16 shall not apply.
17     (e) "Obligor" means the individual who owes a duty to make
18 payments under an order for support.
19     (f) "Obligee" means the individual to whom a duty of
20 support is owed or the individual's legal representative.
21     (g) "Payor" means any payor of income to an obligor.
22     (h) "Public office" means any elected official or any State
23 or local agency which is or may become responsible by law for
24 enforcement of, or which is or may become authorized to
25 enforce, an order for support, including, but not limited to:
26 the Attorney General, the Illinois Department of Healthcare and

 

 

09500HB1747ham004 - 22 - LRB095 07292 DRJ 35642 a

1 Family Services Public Aid, the Illinois Department of Human
2 Services, the Illinois Department of Children and Family
3 Services, and the various State's Attorneys, Clerks of the
4 Circuit Court and supervisors of general assistance.
5     (i) "Premium" means the dollar amount for which the obligor
6 is liable to his employer or labor union or trade union and
7 which must be paid to enroll or maintain a child in a health
8 insurance plan that is available to the obligor through an
9 employer or labor union or trade union.
10     (j) "State Disbursement Unit" means the unit established to
11 collect and disburse support payments in accordance with the
12 provisions of Section 10-26 of the Illinois Public Aid Code.
13     (k) "Title IV-D Agency" means the agency of this State
14 charged by law with the duty to administer the child support
15 enforcement program established under Title IV, Part D of the
16 Social Security Act and Article X of the Illinois Public Aid
17 Code.
18     (l) "Title IV-D case" means a case in which an obligee or
19 obligor is receiving child support enforcement services under
20 Title IV, Part D of the Social Security Act and Article X of
21 the Illinois Public Aid Code.
22     (m) "National Medical Support Notice" means the notice
23 required for enforcement of orders for support providing for
24 health insurance coverage of a child under Title IV, Part D of
25 the Social Security Act, the Employee Retirement Income
26 Security Act of 1974, and federal regulations promulgated under

 

 

09500HB1747ham004 - 23 - LRB095 07292 DRJ 35642 a

1 those Acts.
2     (n) "Employer" means a payor or labor union or trade union
3 with an employee group health insurance plan and, for purposes
4 of the National Medical Support Notice, also includes but is
5 not limited to:
6         (1) any State or local governmental agency with a group
7     health plan; and
8         (2) any payor with a group health plan or "church plan"
9     covered under the Employee Retirement Income Security Act
10     of 1974.
11 (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".