Full Text of SB1035 95th General Assembly
SB1035enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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.
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| (305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
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| Sec. 10-17.6. Certification of
Past Due Support
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| Information to Licensing Agencies. The
Illinois Department may | 22 |
| provide by rule for certification to any State
licensing agency |
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| 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
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| Department shall be reviewed only under and in accordance with | 12 |
| the
Administrative Review Law.
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| (Source: P.A. 87-412.)
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| (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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| 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:
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| Sec. 6-103. What persons shall not be licensed as drivers | 18 |
| or granted
permits. The Secretary of State shall not issue, | 19 |
| renew, or
allow the retention of any driver's
license nor issue | 20 |
| any permit under this Code:
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| 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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| the child is enrolled in an approved
driver education | 2 |
| course as defined in Section 1-103 of this Code and
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| 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
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| approved driver education course and except that an
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| instruction permit may be issued to a child who is at least | 9 |
| 15 years and 6
months of age, is enrolled in school, meets | 10 |
| the educational requirements of
the Driver Education Act, | 11 |
| and has passed examinations the Secretary of State in
his | 12 |
| or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 14 |
| operator of a motorcycle
other than a motor driven cycle | 15 |
| unless the person has, in addition to
meeting the | 16 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 18 |
| Illinois Department of Transportation and
successfully | 19 |
| completes the required Secretary of State's motorcycle | 20 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 22 |
| or permit has been
suspended, during the suspension, nor to | 23 |
| any person whose driver's license or
permit has been | 24 |
| revoked, except as provided in Sections 6-205, 6-206, and
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| 6-208;
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| 4. To any person, as a driver, who is a user of alcohol |
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| or any other
drug to a degree that renders the person | 2 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 4 |
| adjudged to be
afflicted with or suffering from any mental | 5 |
| or physical disability or disease
and who has not at the | 6 |
| time of application been restored to competency by the
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| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 9 |
| Secretary of State
to submit an alcohol and drug evaluation | 10 |
| or take an examination provided
for in this Code unless the | 11 |
| person has
successfully passed the examination and | 12 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 14 |
| of the laws of
this State to deposit security or proof of | 15 |
| financial responsibility and who
has not deposited the | 16 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 18 |
| cause to believe
that the person by reason of physical or | 19 |
| mental disability would not be
able to safely operate a | 20 |
| motor vehicle upon the highways, unless the
person shall | 21 |
| furnish to the Secretary of State a verified written
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| 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;
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| 9. To any person, as a driver, who is 69 years of age |
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| or older, unless
the person has successfully complied with | 2 |
| the provisions of Section 6-109;
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| 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;
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| 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
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| Section 6-104;
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| 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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| 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;
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| 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;
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| 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
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| court for failure to pay the support, subject to the | 13 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code;
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| 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;
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| 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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| 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;
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| 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
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| 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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| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 3 |
| confidential under
the Juvenile Court Act of 1987.
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| (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.)
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| (625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
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| 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:
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| 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.
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| Administrator. The Department of Transportation.
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| Arrearage. The total amount of unpaid support obligations.
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| 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.
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| Compliance with a court order of support. The support
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| 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.
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| Court order of support. A judgment order for the
support of |
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| 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.
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| 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.
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| 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.
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| 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.
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| Obligor. The individual who owes a duty to make payments |
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| under a court
order of support.
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| 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.
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| (Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
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| (625 ILCS 5/7-701)
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| 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
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| 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.
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| (Source: P.A. 91-613, eff. 7-1-00.)
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| (625 ILCS 5/7-702)
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| Sec. 7-702. Suspension of driver's license for failure to | 23 |
| comply with order to
pay child
support.
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| (a) The Secretary of State shall suspend the driver's |
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| 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
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| 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.
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| (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
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| 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
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| Secretary of State, and shall order that the obligor's driver's | 22 |
| license be
reinstated.
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| (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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| 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.
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| (Source: P.A. 91-613, eff. 7-1-00.)
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| (625 ILCS 5/7-704)
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| Sec. 7-704. Suspension to continue until compliance with | 13 |
| court
order of support.
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| (a) The suspension of a driver's license shall remain in
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| effect unless and until the Secretary of State receives
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| 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.
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| (b) Whenever, after one suspension of an individual's | 25 |
| driver's
license for failure to pay child support, another |
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| order of
non-payment is entered against the obligor and the | 2 |
| person fails to
come into compliance with the court order of
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| support, then the Secretary shall again suspend the driver's
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| 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.
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| (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.
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| (Source: P.A. 89-92, eff. 7-1-96.)
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| (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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| 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.
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| (625 ILCS 5/7-705)
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| 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 .
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| (Source: P.A. 89-92, eff. 7-1-96.)
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| (625 ILCS 5/7-706)
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| Sec. 7-706. Administrative hearing. A driver may contest |
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| 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:
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| (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.
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| (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
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| 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 .
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| (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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| 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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| 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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| 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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| (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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| 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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| (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. |
|