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91_HB0531ham001
LRB9100752WHmbam02
1 AMENDMENT TO HOUSE BILL 531
2 AMENDMENT NO. . Amend House Bill 531 by replacing
3 the title with the following:
4 "AN ACT concerning child support, amending a named Act.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 7-701, 7-702, 7-702.1, and 7-703 and by
10 adding Sections 7-702.2, 7-705.1, and 7-706.1 as follows:
11 (625 ILCS 5/7-701)
12 Sec. 7-701. Findings and purpose. The General Assembly
13 finds that the timely receipt of adequate financial support
14 has the effect of reducing poverty and State expenditures for
15 welfare dependency among children, and that the timely
16 payment of adequate child support demonstrates financial
17 responsibility. Further, the General Assembly finds that the
18 State has a compelling interest in ensuring that drivers
19 within the State demonstrate financial responsibility,
20 including family financial responsibility, in order to safely
21 own and operate a motor vehicle. To this end, the Secretary
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1 of State is authorized to establish systems a system to
2 suspend driver's licenses for failure to comply with court
3 orders of support.
4 (Source: P.A. 89-92, eff. 7-1-96.)
5 (625 ILCS 5/7-702)
6 Sec. 7-702. Suspension of driver's license for failure
7 to pay child support.
8 (a) The Secretary of State shall suspend the driver's
9 license issued to an obligor upon receiving an authenticated
10 report provided for in subsection (a) of Section 7-703, that
11 the person is 90 days or more delinquent in court ordered
12 child support payments or has been adjudicated in arrears in
13 an amount equal to 90 days obligation or more, and has been
14 found in contempt by the court for failure to pay the
15 support.
16 (b) The circuit court shall certify in an authenticated
17 report to the Secretary of State, as provided in subsection
18 (b) of Section 7-703, when an obligor is 90 days or more
19 delinquent in court ordered child support payments or has
20 been adjudicated in arrears in an amount equal to 90 days
21 obligation or more but has not been found in contempt of
22 court. Upon receiving a certification from the circuit court
23 under this subsection (b), the Secretary of State shall
24 suspend the obligor's driver's license until such time as the
25 obligor becomes current in the support obligation.
26 (Source: P.A. 89-92, eff. 7-1-96.)
27 (625 ILCS 5/7-702.1)
28 Sec. 7-702.1. Family financial responsibility driving
29 permits. Following the entry of an order that an obligor has
30 been found in contempt by the court for failure to pay court
31 ordered child support payments or upon a motion by the
32 obligor who has had his or her driver's license suspended
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1 pursuant to subsection (b) of Section 7-702, the court may
2 enter an order directing the Secretary of State to issue a
3 family financial responsibility driving permit for the
4 purpose of providing the obligor the privilege of operating a
5 motor vehicle between the obligor's residence and place of
6 employment, or within the scope of employment related duties;
7 or for the purpose of providing transportation for the
8 obligor or a household member to receive alcohol treatment,
9 other drug treatment, or medical care. The court may enter
10 an order directing the issuance of a permit only if the
11 obligor has proven to the satisfaction of the court that no
12 alternative means of transportation are reasonably available
13 for the above stated purposes. No permit shall be issued to
14 a person under the age of 16 years who possesses an
15 instruction permit.
16 Upon entry of an order granting the issuance of a permit
17 to an obligor, the court shall report this finding to the
18 Secretary of State on a form prescribed by the Secretary.
19 This form shall state whether the permit has been granted for
20 employment or medical purposes and the specific days and
21 hours for which limited driving privileges have been granted.
22 The family financial responsibility driving permit shall
23 be subject to cancellation, invalidation, suspension, and
24 revocation by the Secretary of State in the same manner and
25 for the same reasons as a driver's license may be cancelled,
26 invalidated, suspended, or revoked.
27 The Secretary of State shall, upon receipt of a certified
28 court order from the court of jurisdiction, issue a family
29 financial responsibility driving permit. In order for this
30 permit to be issued, an individual's driving privileges must
31 be valid except for the family financial responsibility
32 suspension. This permit shall be valid only for employment
33 and medical purposes as set forth above. The permit shall
34 state the days and hours for which limited driving privileges
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1 have been granted.
2 Any submitted court order that contains insufficient data
3 or fails to comply with any provision of this Code shall not
4 be used for issuance of the permit or entered to the
5 individual's driving record but shall be returned to the
6 court of jurisdiction indicating why the permit cannot be
7 issued at that time. The Secretary of State shall also send
8 notice of the return of the court order to the individual
9 requesting the permit.
10 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
11 (625 ILCS 5/7-702.2 new)
12 Sec. 7-702.2. Written agreement to pay past-due support.
13 (a) An obligor who is presently unable to pay all
14 past-due support and is subject to having his or her license
15 suspended pursuant to subsection (b) of Section 7-702 may
16 come into compliance with the court order for support by
17 executing a written payment agreement that is approved by the
18 court and by complying with that agreement. A condition of a
19 written payment agreement must be that the obligor pay the
20 current child support when due. Before a written payment
21 agreement is executed, the obligor shall:
22 (1) Disclose fully to the court in writing, on a
23 form prescribed by the court, the obligor's financial
24 circumstances, including income from all sources, assets,
25 liabilities, and work history for the past year; and
26 (2) Provide documentation to the court concerning
27 the obligor's financial circumstances, including copies
28 of the most recent State and federal income tax returns,
29 both personal and business; a copy of a recent pay stub
30 representative of a current income; and copies of other
31 records that show the obligor's income and the present
32 level of assets held by the obligor.
33 (b) After full disclosure, the court may determine the
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1 obligor's ability to pay past-due support and may approve a
2 written payment agreement consistent with the obligor's
3 ability to pay, not to exceed the court-ordered support.
4 (625 ILCS 5/7-703)
5 Sec. 7-703. Courts to report non-payment of court
6 ordered support.
7 (a) The clerk of the circuit court, as provided in
8 subsection (b) of Section 7-702 of this Act and subsection
9 (b) of Section 505 of the Illinois Marriage and Dissolution
10 of Marriage Act or as provided in Section 15 of the Illinois
11 Parentage Act of 1984, shall forward to the Secretary of
12 State, on a form prescribed by the Secretary, an
13 authenticated document certifying the court's order
14 suspending the driving privileges of the obligor. For any
15 such certification, the clerk of the court shall charge the
16 obligor a fee of $5 as provided in the Clerks of Courts Act.
17 (b) If an obligor is 90 days or more delinquent in court
18 ordered child support payments or has been adjudicated in
19 arrears in an amount equal to 90 days obligation or more but
20 has not been held in contempt of court, the circuit court
21 shall forward to the Secretary of State an authenticated
22 document certifying that an obligor is 90 days or more
23 delinquent in court ordered child support payments or has
24 been adjudicated in arrears in an amount equal to 90 days
25 obligation or more.
26 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
27 (625 ILCS 5/7-705.1 new)
28 Sec. 7-705.1. Notice of noncompliance with support
29 order. Before forwarding to the Secretary of State the
30 authenticated report under subsection (b) of Section 7-703,
31 the circuit court must serve notice upon the obligor of its
32 intention to certify the obligor to the Secretary of State as
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1 an individual who is not in compliance with an order of
2 support. The notice must inform the obligor that:
3 (a) If the obligor is presently unable to pay all
4 past-due support, the obligor may come into compliance with
5 the support order by executing a written payment agreement
6 with the court, as provided in Section 7-702.2, and by
7 complying with that agreement;
8 (b) The obligor may contest the issue of compliance at a
9 hearing;
10 (c) A request for a hearing must be made in writing and
11 must be received by the clerk of the circuit court;
12 (d) If the obligor does not request a hearing to contest
13 the issue of compliance, the obligor's driver's license shall
14 be suspended on the 45th day following the date of mailing of
15 the notice of noncompliance;
16 (e) If the circuit court certifies the obligor to the
17 Secretary of State for noncompliance with an order of
18 support, the Secretary of State must suspend any driver's
19 license or instruction permit the obligor holds and the
20 obligor's right to apply for or obtain a driver's license or
21 instruction permit until the obligor comes into compliance
22 with the order of support;
23 (f) If the obligor files a motion to modify support with
24 the court or requests the court to modify a support
25 obligation, the circuit court shall stay action to certify
26 the obligor to the Secretary of State for noncompliance with
27 an order of support; and
28 (g) The obligor may comply with an order of support by
29 doing all of the following:
30 (1) Paying the current support;
31 (2) Paying all past-due support or, if unable to
32 pay all past-due support and a periodic payment for past
33 due support has not been ordered by the court, by making
34 periodic payments in accordance with a written payment
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1 agreement approved by the court; and
2 (3) Meeting the obligor's health insurance
3 obligation.
4 The notice must include the address and telephone number
5 of the clerk of the circuit court. The clerk of the circuit
6 court shall attach a copy of the obligor's order of support
7 to the notice. The notice must be served by certified mail,
8 return receipt requested, by service in hand, or as specified
9 in the Code of Civil Procedure.
10 (625 ILCS 5/7-706.1 new)
11 Sec. 7-706.1. Hearing for compliance with support order.
12 (a) An obligor may request in writing to the clerk of
13 the circuit court a hearing to contest the claim of
14 noncompliance with an order of support and his or her
15 subsequent driver's license suspension under subsection (b)
16 of Section 7-702.
17 (b) If a written request for a hearing is received by
18 the clerk of the circuit court, the clerk of the circuit
19 court shall set the hearing before the circuit court.
20 (c) Upon the obligor's written request, the court must
21 set a date for a hearing and afford the obligor an
22 opportunity for a hearing as early as practical.
23 (d) The scope of this hearing is limited to the
24 following issues:
25 (1) Whether the obligor is required to pay child
26 support under an order of support.
27 (2) Whether the obligor is 90 days or more
28 delinquent in court ordered child support payments or has
29 been adjudicated in arrears in an amount equal to 90 days
30 obligation or more.
31 (3) Any additional issues raised by the obligor,
32 including the reasonableness of a payment agreement in
33 light of the obligor's current financial circumstances,
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1 to be preserved for appeal.
2 (e) All hearings and hearing procedures shall comply
3 with requirements of the Illinois Constitution and the United
4 States Constitution, so that no person is deprived of due
5 process of law nor denied equal protection of the laws. All
6 hearings shall be held before a judge of the circuit court in
7 the county in which the support order has been entered.
8 Appropriate records of the hearings shall be kept. Where a
9 transcript of the hearing is taken, the person requesting the
10 hearing shall have the opportunity to order a copy of the
11 transcript at his or her own expense.
12 (f) The action of the circuit court resulting in the
13 suspension of any driver's license shall be a final judgment
14 for purposes of appellate review.".