[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0531
LRB9100752KSgcA
1 AN ACT concerning child support, amending a named Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 7-701, 7-702, 7-702.1, 7-703, and 7-705 and
6 by adding Sections 7-702.2, 7-705.1, and 7-706.1 as follows:
7 (625 ILCS 5/7-701)
8 Sec. 7-701. Findings and purpose. The General Assembly
9 finds that the timely receipt of adequate financial support
10 has the effect of reducing poverty and State expenditures for
11 welfare dependency among children, and that the timely
12 payment of adequate child support demonstrates financial
13 responsibility. Further, the General Assembly finds that the
14 State has a compelling interest in ensuring that drivers
15 within the State demonstrate financial responsibility,
16 including family financial responsibility, in order to safely
17 own and operate a motor vehicle. To this end, the Department
18 of Public Aid and the Secretary of State are is authorized to
19 establish systems a system to suspend driver's licenses for
20 failure to comply with court orders of support.
21 (Source: P.A. 89-92, eff. 7-1-96.)
22 (625 ILCS 5/7-702)
23 Sec. 7-702. Suspension of driver's license for failure
24 to pay child support.
25 (a) The Secretary of State shall suspend the driver's
26 license issued to an obligor upon receiving an authenticated
27 report provided for in subsection (a) of Section 7-703, that
28 the person is 90 days or more delinquent in court ordered
29 child support payments or has been adjudicated in arrears in
30 an amount equal to 90 days obligation or more, and has been
-2- LRB9100752KSgcA
1 found in contempt by the court for failure to pay the
2 support.
3 (b) The Department of Public Aid shall request the
4 Secretary of State to suspend the driver's license issued to
5 an obligor upon receiving an authenticated report from the
6 clerk of the circuit court, as provided in subsection (b) of
7 Section 7-703, that an obligor is 90 days or more delinquent
8 in court ordered child support payments or has been
9 adjudicated in arrears in an amount equal to 90 days
10 obligation or more but has not been found in contempt of
11 court. Upon receiving a request from the Department of
12 Public Aid to suspend the driver's license of an obligor, the
13 Secretary of State shall suspend the obligor's driver's
14 license.
15 (Source: P.A. 89-92, eff. 7-1-96.)
16 (625 ILCS 5/7-702.1)
17 Sec. 7-702.1. Family financial responsibility driving
18 permits. Following the entry of an order that an obligor has
19 been found in contempt by the court for failure to pay court
20 ordered child support payments or upon a motion by the
21 obligor who has had his or her driver's license suspended
22 pursuant to subsection (b) of Section 7-702, the court may
23 enter an order directing the Secretary of State to issue a
24 family financial responsibility driving permit for the
25 purpose of providing the obligor the privilege of operating a
26 motor vehicle between the obligor's residence and place of
27 employment, or within the scope of employment related duties;
28 or for the purpose of providing transportation for the
29 obligor or a household member to receive alcohol treatment,
30 other drug treatment, or medical care. The court may enter
31 an order directing the issuance of a permit only if the
32 obligor has proven to the satisfaction of the court that no
33 alternative means of transportation are reasonably available
-3- LRB9100752KSgcA
1 for the above stated purposes. No permit shall be issued to
2 a person under the age of 16 years who possesses an
3 instruction permit.
4 Upon entry of an order granting the issuance of a permit
5 to an obligor, the court shall report this finding to the
6 Secretary of State on a form prescribed by the Secretary.
7 This form shall state whether the permit has been granted for
8 employment or medical purposes and the specific days and
9 hours for which limited driving privileges have been granted.
10 The family financial responsibility driving permit shall
11 be subject to cancellation, invalidation, suspension, and
12 revocation by the Secretary of State in the same manner and
13 for the same reasons as a driver's license may be cancelled,
14 invalidated, suspended, or revoked.
15 The Secretary of State shall, upon receipt of a certified
16 court order from the court of jurisdiction, issue a family
17 financial responsibility driving permit. In order for this
18 permit to be issued, an individual's driving privileges must
19 be valid except for the family financial responsibility
20 suspension. This permit shall be valid only for employment
21 and medical purposes as set forth above. The permit shall
22 state the days and hours for which limited driving privileges
23 have been granted.
24 Any submitted court order that contains insufficient data
25 or fails to comply with any provision of this Code shall not
26 be used for issuance of the permit or entered to the
27 individual's driving record but shall be returned to the
28 court of jurisdiction indicating why the permit cannot be
29 issued at that time. The Secretary of State shall also send
30 notice of the return of the court order to the individual
31 requesting the permit.
32 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
33 (625 ILCS 5/7-702.2 new)
-4- LRB9100752KSgcA
1 Sec. 7-702.2. Written agreement to pay past-due support.
2 (a) An obligor who is presently unable to pay all
3 past-due support and is subject to having his or her license
4 suspended pursuant to Section 7-702 may come into compliance
5 with the court order for support by executing a written
6 payment agreement with the Department of Public Aid and by
7 complying with that agreement. A condition of a written
8 payment agreement must be that the obligor pay the current
9 child support when due. Before a written payment agreement
10 is executed, the obligor shall:
11 (1) Disclose fully to the Department of Public Aid
12 in writing, on a form prescribed by the Department of
13 Public Aid, the obligor's financial circumstances,
14 including income from all sources, assets, liabilities,
15 and work history for the past year and
16 (2) Provide documentation to the Department of
17 Public Aid concerning the obligor's financial
18 circumstances, including a copies of the most recent
19 State and federal income tax returns, both personal and
20 business; a copy of a recent pay stub representative of a
21 current income; and copies of other records that show the
22 obligor's income and the present level of assets held by
23 the obligor.
24 (b) After full disclosure, the Department of Public Aid
25 shall determine the obligor's ability to pay past-due support
26 and request the obligor to execute a written payment
27 agreement consistent with the obligor's ability to pay, not
28 to exceed the court ordered support.
29 (625 ILCS 5/7-703)
30 Sec. 7-703. Courts to report non-payment of court
31 ordered support.
32 (a) The clerk of the circuit court, as provided in
33 subsection (b) of Section 505 of the Illinois Marriage and
-5- LRB9100752KSgcA
1 Dissolution of Marriage Act or as provided in Section 15 of
2 the Illinois Parentage Act of 1984, shall forward to the
3 Secretary of State, on a form prescribed by the Secretary, an
4 authenticated document certifying the court's order
5 suspending the driving privileges of the obligor. For any
6 such certification, the clerk of the court shall charge the
7 obligor a fee of $5 as provided in the Clerks of Courts Act.
8 (b) If an obligor is 90 days or more delinquent in court
9 ordered child support payments or has been adjudicated in
10 arrears in an amount equal to 90 days obligation or more but
11 has not been held in contempt of court, the clerk of the
12 circuit court shall forward to the Department of Public Aid,
13 on a form prescribed by the Department of Public Aid, an
14 authenticated document certifying that an obligor is 90 days
15 or more delinquent in court ordered child support payments or
16 has been adjudicated in arrears in an amount equal to 90 days
17 obligation or more.
18 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
19 (625 ILCS 5/7-705)
20 Sec. 7-705. Notice. The Secretary of State, prior to
21 suspending a driver's license under this Chapter, shall serve
22 written notice upon an obligor that the individual's driver's
23 license will be suspended in 60 days from the date on the
24 notice unless the obligor satisfies the court order of
25 support and the circuit clerk notifies the Secretary of State
26 of this compliance.
27 (Source: P.A. 89-92, eff. 7-1-96.)
28 (625 ILCS 5/7-705.1 new)
29 Sec. 7-705.1. Notice of noncompliance of support order.
30 Upon receiving the authenticated report provide for in
31 subsection (b) of Section 7-703, the Department of Public Aid
32 must serve notice upon the obligor of the Department of
-6- LRB9100752KSgcA
1 Public Aid's intention to certify the obligor to the
2 Secretary of State as an individual who is not in compliance
3 with an order of support. The notice must inform the obligor
4 that:
5 (a) If the obligor is presently unable to pay all
6 past-due support, the obligor may come into compliance with
7 the support order by executing a written payment agreement
8 with the Department of Public Aid, as provide in Section
9 7-702.2, and by complying with that agreement;
10 (b) The obligor may contest the issue of compliance at
11 an administrative hearing;
12 (c) A request for an administrative hearing must be made
13 in writing and must be received by the Department of Public
14 Aid within 20 days of service;
15 (d) If the obligor requests an administrative hearing
16 within 20 days of service, the Department of Public Aid shall
17 stay the action to certify the obligor to the Secretary of
18 State for noncompliance with an order of support;
19 (e) If the obligor does not timely request a hearing to
20 contest the issue of compliance and does not obtain a written
21 confirmation of compliance from the Department of Public Aid,
22 the Department of Public Aid must certify the obligor to the
23 Secretary of State for noncompliance;
24 (f) If the Department of Public Aid certifies the
25 obligor to the Secretary of State for noncompliance with an
26 order of support, the Secretary of State must suspend any
27 driver's license or instruction permit the obligor holds and
28 the obligor's right to apply for or obtain a driver's license
29 or instruction permit until the obligor comes into compliance
30 with the order of support;
31 (g) If the obligor files a motion to modify support with
32 the court or requests the Department of Public Aid to amend a
33 support obligation established by an administrative decision,
34 the Department of Public Aid shall stay action to certify the
-7- LRB9100752KSgcA
1 obligor to the Secretary of State for noncompliance with an
2 order of support; and
3 (h) The obligor can comply with an order of support by
4 doing all of the following:
5 (1) Paying the current support;
6 (2) Paying all past-due support or, if unable to
7 pay all past-due support and a periodic payment for past
8 due support has not been order by the court, by making
9 periodic payments in accordance with a written payment
10 agreement with the Department of Public Aid; and
11 (3) Meeting the obligor's health insurance
12 obligation.
13 The notice must include the address and telephone number
14 of the Department of Public Aid. The Department of Public
15 Aid shall attach a copy of the obligor's order of support to
16 the notice. The notice must be served by certified mail,
17 return receipt requested, by service in hand, or as specified
18 in the Code of Civil Procedure.
19 (625 ILCS 5/7-706.1 new)
20 Sec. 7-706.1. Hearing for compliance with support order.
21 (a) An obligor may request in writing to the Department
22 of Public Aid an administrative hearing to contest the claim
23 of noncompliance with an order of support and his or her
24 subsequent driver's license suspension provided for in
25 subsection (b) of Section 7-702.
26 (b) If a written request for a hearing is received by
27 the Department of Public Aid within 20 days of service of the
28 notice, the Department of Public Aid shall stay the request
29 to the Secretary of State to suspend obligor's driver's
30 license. If a stay is granted, it shall remain in effect
31 until a hearing decision is entered.
32 (c) Upon the obligor's written request, the Department
33 of Public Aid must set a date for a hearing and afford the
-8- LRB9100752KSgcA
1 obligor an opportunity for a hearing as early as practical,
2 in either the County of Sangamon or the County of Cook as the
3 obligor may specify. However, both parties may agree that the
4 hearing may be held in some other county.
5 (d) The scope of this hearing is limited to the
6 following issues:
7 (1) Whether the obligator is required to pay child
8 support under an order of support.
9 (2) Whether the obligator is 90 days or more
10 delinquent in court ordered child support payments or has
11 been adjudicated in arrears in an amount equal to 90 days
12 obligation or more.
13 (3) Any additional issues raised by the obligor,
14 including the reasonableness of a payment agreement in
15 light of the obligor's current financial circumstances,
16 to be preserved for appeal.
17 (e) All hearings and hearing procedures shall
18 comply with requirements of the Illinois Constitution and
19 the United States Constitution, so that no person is
20 deprived of due process of law nor denied equal
21 protection of the laws. All hearings shall be held
22 before the Director of Public Aid or before any persons
23 as may be designated by the Director of Public Aid.
24 Appropriate records of the hearings shall be kept. Where
25 a transcript of the hearing is taken, the person
26 requesting the hearing shall have the opportunity to
27 order a copy of the transcript at his or her own expense.
28 (f) The action of the Department of Public Aid
29 resulting in the suspension of any driver's license shall
30 be subject to judicial review in the Circuit Court of
31 Sangamon County or in the Circuit Court of Cook County
32 and subject to the provisions of the Administrative
33 Review Law.