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1 | AN ACT concerning civil law.
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) of 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 .
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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. |