Illinois General Assembly - Full Text of Public Act 095-0685
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Public Act 095-0685


 

Public Act 0685 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0685
 
SB1035 Enrolled LRB095 05929 AJO 26021 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Section 10-17.6 and by adding Sections 10-9.5 and
10-17.13 as follows:
 
    (305 ILCS 5/10-9.5 new)
    Sec. 10-9.5. Access to records. In any hearing, case,
appeal, or other matter arising out of the provisions
concerning the determination and enforcement of the support
responsibility of relatives, an obligor or obligee, or their
legal representatives, shall be entitled to review any case
records in the possession of the Illinois Department of
Healthcare and Family Services, the State Disbursement Unit, or
a circuit clerk with regard to that obligor or obligee that are
able to prove any matter relevant to the hearing, case, appeal,
or other matter if access to the record or portion of the
record is authorized by 42 U.S.C. 654.
 
    (305 ILCS 5/10-17.6)  (from Ch. 23, par. 10-17.6)
    Sec. 10-17.6. Certification of Past Due Support
Information to Licensing Agencies. The Illinois Department may
provide by rule for certification to any State licensing agency
of (i) the failure of responsible relatives to comply with
subpoenas or warrants relating to paternity or child support
proceedings and (ii) past due support owed by responsible
relatives under a support order entered by a court or
administrative body of this or any other State on behalf of
resident or non-resident persons receiving child support
enforcement services under Title IV, Part D of the Social
Security Act. The rule shall provide for notice to and an
opportunity to be heard by each responsible relative affected
and any final administrative decision rendered by the
Department shall be reviewed only under and in accordance with
the Administrative Review Law.
(Source: P.A. 87-412.)
 
    (305 ILCS 5/10-17.13 new)
    Sec. 10-17.13. Vehicle immobilization and impoundment. The
Illinois Department may provide by rule for certification to
municipalities of past due support owed by responsible
relatives under a support order entered by a court or
administrative body of this or any other State on behalf of
resident or non-resident persons. The purpose of certification
shall be to effect collection of past due support by
immobilization and impoundment of vehicles registered to
responsible relatives pursuant to ordinances established by
such municipalities under Section 11-1430 of the Illinois
Vehicle Code.
    The rule shall provide for notice to and an opportunity to
be heard by each responsible relative affected, and any final
administrative decision rendered by the Department shall be
reviewed only under and in accordance with the Administrative
Review Law. A responsible relative may avoid certification to a
municipality for vehicle immobilization or arrange for
discontinuance of vehicle immobilization and impoundment
already engaged by payment of past due support or by entering
into a plan for payment of past and current child support
obligations in a manner satisfactory to the Illinois
Department.
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-103, 7-100, 7-701, 7-702, 7-704, 7-705,
7-706, 7-707, and 7-708 and by adding Sections 7-704.1 and
11-1430 as follows:
 
    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
        1. To any person, as a driver, who is under the age of
    18 years except as provided in Section 6-107, and except
    that an instruction permit may be issued under Section
    6-107.1 to a child who is not less than 15 years of age if
    the child is enrolled in an approved driver education
    course as defined in Section 1-103 of this Code and
    requires an instruction permit to participate therein,
    except that an instruction permit may be issued under the
    provisions of Section 6-107.1 to a child who is 17 years
    and 9 months of age without the child having enrolled in an
    approved driver education course and except that an
    instruction permit may be issued to a child who is at least
    15 years and 6 months of age, is enrolled in school, meets
    the educational requirements of the Driver Education Act,
    and has passed examinations the Secretary of State in his
    or her discretion may prescribe;
        2. To any person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven cycle
    unless the person has, in addition to meeting the
    provisions of Section 6-107 of this Code, successfully
    completed a motorcycle training course approved by the
    Illinois Department of Transportation and successfully
    completes the required Secretary of State's motorcycle
    driver's examination;
        3. To any person, as a driver, whose driver's license
    or permit has been suspended, during the suspension, nor to
    any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and
    6-208;
        4. To any person, as a driver, who is a user of alcohol
    or any other drug to a degree that renders the person
    incapable of safely driving a motor vehicle;
        5. To any person, as a driver, who has previously been
    adjudged to be afflicted with or suffering from any mental
    or physical disability or disease and who has not at the
    time of application been restored to competency by the
    methods provided by law;
        6. To any person, as a driver, who is required by the
    Secretary of State to submit an alcohol and drug evaluation
    or take an examination provided for in this Code unless the
    person has successfully passed the examination and
    submitted any required evaluation;
        7. To any person who is required under the provisions
    of the laws of this State to deposit security or proof of
    financial responsibility and who has not deposited the
    security or proof;
        8. To any person when the Secretary of State has good
    cause to believe that the person by reason of physical or
    mental disability would not be able to safely operate a
    motor vehicle upon the highways, unless the person shall
    furnish to the Secretary of State a verified written
    statement, acceptable to the Secretary of State, from a
    competent medical specialist to the effect that the
    operation of a motor vehicle by the person would not be
    inimical to the public safety;
        9. To any person, as a driver, who is 69 years of age
    or older, unless the person has successfully complied with
    the provisions of Section 6-109;
        10. To any person convicted, within 12 months of
    application for a license, of any of the sexual offenses
    enumerated in paragraph 2 of subsection (b) of Section
    6-205;
        11. To any person who is under the age of 21 years with
    a classification prohibited in paragraph (b) of Section
    6-104 and to any person who is under the age of 18 years
    with a classification prohibited in paragraph (c) of
    Section 6-104;
        12. To any person who has been either convicted of or
    adjudicated under the Juvenile Court Act of 1987 based upon
    a violation of the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act while that person was in
    actual physical control of a motor vehicle. For purposes of
    this Section, any person placed on probation under Section
    10 of the Cannabis Control Act, Section 410 of the Illinois
    Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    not be considered convicted. Any person found guilty of
    this offense, while in actual physical control of a motor
    vehicle, shall have an entry made in the court record by
    the judge that this offense did occur while the person was
    in actual physical control of a motor vehicle and order the
    clerk of the court to report the violation to the Secretary
    of State as such. The Secretary of State shall not issue a
    new license or permit for a period of one year;
        13. To any person who is under the age of 18 years and
    who has committed the offense of operating a motor vehicle
    without a valid license or permit in violation of Section
    6-101;
        14. To any person who is 90 days or more delinquent in
    court ordered child support payments or has been
    adjudicated in arrears in an amount equal to 90 days'
    obligation or more and who has been found in contempt of
    court for failure to pay the support, subject to the
    requirements and procedures of Article VII of Chapter 7 of
    the Illinois Vehicle Code;
        14.5. To any person certified by the Illinois
    Department of Healthcare and Family Services as being 90
    days or more delinquent in payment of support under an
    order of support entered by a court or administrative body
    of this or any other State, subject to the requirements and
    procedures of Article VII of Chapter 7 of this Code
    regarding those certifications;
        15. To any person released from a term of imprisonment
    for violating Section 9-3 of the Criminal Code of 1961 or a
    similar provision of a law of another state relating to
    reckless homicide or for violating subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code relating to aggravated driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds, or any combination thereof, if the violation was
    the proximate cause of a death, within 24 months of release
    from a term of imprisonment;
        16. To any person who, with intent to influence any act
    related to the issuance of any driver's license or permit,
    by an employee of the Secretary of State's Office, or the
    owner or employee of any commercial driver training school
    licensed by the Secretary of State, or any other individual
    authorized by the laws of this State to give driving
    instructions or administer all or part of a driver's
    license examination, promises or tenders to that person any
    property or personal advantage which that person is not
    authorized by law to accept. Any persons promising or
    tendering such property or personal advantage shall be
    disqualified from holding any class of driver's license or
    permit for 120 consecutive days. The Secretary of State
    shall establish by rule the procedures for implementing
    this period of disqualification and the procedures by which
    persons so disqualified may obtain administrative review
    of the decision to disqualify; or
        17. To any person for whom the Secretary of State
    cannot verify the accuracy of any information or
    documentation submitted in application for a driver's
    license.
    The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783,
eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556,
eff. 9-11-05.)
 
    (625 ILCS 5/7-100)  (from Ch. 95 1/2, par. 7-100)
    Sec. 7-100. Definition of words and phrases.
Notwithstanding the definitions set forth in Chapter 1, for the
purposes of this Chapter, the following words shall have the
following meanings ascribed to them:
    Administrative order of support. An order for the support
of dependent children issued by an administrative body of this
or any other State.
    Administrator. The Department of Transportation.
    Arrearage. The total amount of unpaid support obligations.
    Authenticated document. A document from a court which
contains a court stamp, showing it is filed with the court, or
notarized, or is certified by the custodian of the original.
    Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation
in arrears in making payments in full for current support, or
in making periodic payments on a support arrearage as
determined by a court.
    Court order of support. A judgment order for the support of
dependent children issued by a court of this State, including a
judgment of dissolution of marriage. With regard to a
certification by the Department of Healthcare and Family
Services under subsection (c) of Section 7-702, the term "court
order of support" shall include an order of support entered by
a court of this or any other State.
    Driver's license. A license or permit to operate a motor
vehicle in the State, including the privilege of a person to
drive a motor vehicle whether or not the person holds a valid
license or permit.
    Family financial responsibility driving permit. A permit
granting limited driving privileges for employment or medical
purposes following a suspension of driving privileges under the
Family Financial Responsibility Law. This permit is valid only
after the entry of a court order granting the permit and
issuance of the permit by the Secretary of State's Office. An
individual's driving privileges must be valid except for the
family financial responsibility suspension in order for this
permit to be issued. In order to be valid, the permit must be
in the immediate possession of the driver to whom it is issued.
    Judgment. A final judgment of any court of competent
jurisdiction of any State, against a person as defendant for
damages on account of bodily injury to or death of any person
or damages to property resulting from the operation of any
motor vehicle.
    Obligor. The individual who owes a duty to make payments
under a court order of support.
    Obligee. The individual or other legal entity to whom a
duty of support is owed through a court order of support or the
individual's legal representatives.
(Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
 
    (625 ILCS 5/7-701)
    Sec. 7-701. Findings and purpose. The General Assembly
finds that the timely receipt of adequate financial support has
the effect of reducing poverty and State expenditures for
welfare dependency among children, and that the timely payment
of adequate child support demonstrates financial
responsibility. Further, the General Assembly finds that the
State has a compelling interest in ensuring that drivers within
the State demonstrate financial responsibility, including
family financial responsibility, in order to safely own and
operate a motor vehicle. To this end, the Secretary of State is
authorized to establish systems to suspend driver's licenses
for failure to comply with court and administrative orders of
support.
(Source: P.A. 91-613, eff. 7-1-00.)
 
    (625 ILCS 5/7-702)
    Sec. 7-702. Suspension of driver's license for failure to
comply with order to pay child support.
    (a) The Secretary of State shall suspend the driver's
license issued to an obligor upon receiving an authenticated
report provided for in subsection (a) of Section 7-703, that
the person is 90 days or more delinquent in court ordered child
support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more, and has been found
in contempt by the court for failure to pay the support.
    (b) The Secretary of State shall suspend the driver's
license issued to an obligor upon receiving an authenticated
document provided for in subsection (b) of Section 7-703, that
the person has been adjudicated in arrears in court ordered
child support payments in an amount equal to 90 days obligation
or more, but has not been held in contempt of court, and that
the court has ordered that the person's driving privileges be
suspended. The obligor's driver's license shall be suspended
until such time as the Secretary of State receives
authenticated documentation that the obligor is in compliance
with the court order of support. When the obligor complies with
the court ordered child support payments, the circuit court
shall report the obligor's compliance with the court order of
support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's
license be reinstated.
    (c) The Secretary of State shall suspend a driver's license
upon certification by the Illinois Department of Healthcare and
Family Services, in a manner and form prescribed by the
Illinois Secretary of State, that the person licensed is 90
days or more delinquent in payment of support under an order of
support issued by a court or administrative body of this or any
other State. The Secretary of State may reinstate the person's
driver's license if notified by the Department of Healthcare
and Family Services that the person has paid the support
delinquency in full or has arranged for payment of the
delinquency and current support obligation in a manner
satisfactory to the Department of Healthcare and Family
Services.
(Source: P.A. 91-613, eff. 7-1-00.)
 
    (625 ILCS 5/7-704)
    Sec. 7-704. Suspension to continue until compliance with
court order of support.
    (a) The suspension of a driver's license shall remain in
effect unless and until the Secretary of State receives
authenticated documentation that the obligor is in compliance
with a court order of support or that the order has been stayed
by a subsequent order of the court. Full driving privileges
shall not be issued by the Secretary of State until
notification of compliance has been received from the court.
The circuit clerks shall report the obligor's compliance with a
court order of support to the Secretary of State, on a form
prescribed by the Secretary.
    (b) Whenever, after one suspension of an individual's
driver's license for failure to pay child support, another
order of non-payment is entered against the obligor and the
person fails to come into compliance with the court order of
support, then the Secretary shall again suspend the driver's
license of the individual and that suspension shall not be
removed unless the obligor is in full compliance with the court
order of support and has made full payment on all arrearages.
    (c) Section 7-704.1, and not this Section, governs the
duration of a driver's license suspension if the suspension
occurs as the result of a certification by the Illinois
Department of Healthcare and Family Services under subsection
(c) of Section 7-702.
(Source: P.A. 89-92, eff. 7-1-96.)
 
    (625 ILCS 5/7-704.1 new)
    Sec. 7-704.1. Duration of driver's license suspension upon
certification of Department of Healthcare and Family Services.
    (a) When a suspension of a driver's license occurs as the
result of a certification by the Illinois Department of
Healthcare and Family Services under subsection (c) of Section
7-702, the suspension shall remain in effect until the
Secretary of State receives notification from the Department
that the person whose license was suspended has paid the
support delinquency in full or has arranged for payment of the
delinquency and current support obligation in a manner
satisfactory to the Department.
    (b) Whenever, after one suspension of an individual's
driver's license based on certification of the Department of
Healthcare and Family Services, another certification is
received from the Department of Healthcare and Family Services,
the Secretary shall again suspend the driver's license of that
individual and that suspension shall not be removed unless the
obligor is in full compliance with the order of support and has
made full payment on all arrearages.
 
    (625 ILCS 5/7-705)
    Sec. 7-705. Notice. The Secretary of State, prior to
suspending a driver's license under this Chapter, shall serve
written notice upon an obligor that the individual's driver's
license will be suspended in 60 days from the date on the
notice unless (i) the obligor satisfies the court order of
support and the circuit clerk notifies the Secretary of State
of this compliance or (ii) if the Illinois Department of
Healthcare and Family Services has made a certification to the
Secretary of State under subsection (c) of Section 7-702, the
Department notifies the Secretary of State that the person
licensed has paid the support delinquency in full or has
arranged for payment of the delinquency and current support
obligation in a manner satisfactory to the Department.
(Source: P.A. 89-92, eff. 7-1-96.)
 
    (625 ILCS 5/7-706)
    Sec. 7-706. Administrative hearing. A driver may contest
this driver's license sanction by requesting an administrative
hearing in accordance with Section 2-118 of this Code. If a
written request for this hearing is received prior to the
effective date of the suspension, the suspension shall be
stayed. If a stay of the suspension is granted, it shall remain
in effect until a hearing decision is entered. At the
conclusion of this hearing, the Secretary of State may rescind
or impose the driver's license suspension. If the suspension is
upheld, it shall become effective 10 days from the date the
hearing decision is entered. If the decision is to rescind the
suspension, no suspension of driving privileges shall be
entered. The scope of this hearing shall be limited to the
following issues:
    (a) Whether the driver is the person who owes a duty to
make payments under obligor covered by the court or
administrative order of support.
    (b) Whether (i) the authenticated document of a court order
of support indicates that the obligor is 90 days or more
delinquent or has been adjudicated in arrears in an amount
equal to 90 days obligation or more and has been found in
contempt of court for failure to pay child support or (ii) the
certification of the Illinois Department of Healthcare and
Family Services under subsection (c) of Section 7-702 indicates
that the person is 90 days or more delinquent in payment of
support under an order of support issued by a court or
administrative body of this or any other State.
    (c) Whether (i) a superseding authenticated document of any
court order of support has been entered or (ii) the Illinois
Department of Healthcare and Family Services, in a superseding
notification, has informed the Secretary of State that the
person certified under subsection (c) of Section 7-702 has paid
the support delinquency in full or has arranged for payment of
the delinquency and current support obligation in a manner
satisfactory to the Department.
(Source: P.A. 89-92, eff. 7-1-96.)
 
    (625 ILCS 5/7-707)
    Sec. 7-707. Payment of reinstatement fee. When a person an
obligor receives notice from the Secretary of State that the
suspension of driving privileges has been terminated based upon
(i) receipt of notification from the circuit clerk of the
person's obligor's compliance as obligor with a court order of
support or (ii) receipt of notification from the Illinois
Department of Healthcare and Family Services that the person
whose driving privileges were terminated has paid the
delinquency in full or has arranged for payment of the
delinquency and the current support obligation in a manner
satisfactory to the Department (in a case in which the person's
driving privileges were suspended upon a certification by the
Department under subsection (c) of Section 7-702), the obligor
shall pay a $70 reinstatement fee to the Secretary of State as
set forth in Section 6-118 of this Code. $30 of the $70 fee
shall be deposited into the Family Responsibility Fund. In
accordance with subsection (e) of Section 6-115 of this Code,
the Secretary of State may decline to process a renewal of a
driver's license of a person who has not paid this fee.
(Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 1-1-04.)
 
    (625 ILCS 5/7-708)
    Sec. 7-708. Rules. The Secretary of State, using the
authority to license motor vehicle operators, may adopt such
rules as may be necessary to establish standards, policies, and
procedures for the suspension of driver's licenses for
non-compliance with a court or administrative order of support.
(Source: P.A. 89-92, eff. 7-1-96.)
 
    (625 ILCS 5/11-1430 new)
    Sec. 11-1430. Vehicle immobilization and impoundment upon
certification of the Department of Healthcare and Family
Services. Any municipality may provide by ordinance for a
program of vehicle immobilization and impoundment in cases in
which the Department of Healthcare and Family Services has
certified to the municipality under Section 10-17.13 of the
Illinois Public Aid Code that the registered owner of a vehicle
owes past due support. The program shall provide for
immobilization of any eligible vehicle upon the public way by
presence of a restraint in a manner to prevent operation of the
vehicle and for subsequent towing and impoundment of such
vehicle solely upon the certification of past due support by
the Department of Healthcare and Family Services. Further
process, hearings, or redetermination of the past due support
by the municipality shall not be required under the ordinance.
The ordinance shall provide that the municipality may terminate
immobilization and impoundment of the vehicle if the registered
owner has arranged for payment of past and current support
obligations in a manner satisfactory to the Department of
Healthcare and Family Services.
 
    Section 15. The Income Withholding for Support Act is
amended by changing Section 15 as follows:
 
    (750 ILCS 28/15)
    Sec. 15. Definitions.
    (a) "Order for support" means any order of the court which
provides for periodic payment of funds for the support of a
child or maintenance of a spouse, whether temporary or final,
and includes any such order which provides for:
        (1) modification or resumption of, or payment of
    arrearage, including interest, accrued under, a previously
    existing order;
        (2) reimbursement of support;
        (3) payment or reimbursement of the expenses of
    pregnancy and delivery (for orders for support entered
    under the Illinois Parentage Act of 1984 or its predecessor
    the Paternity Act); or
        (4) enrollment in a health insurance plan that is
    available to the obligor through an employer or labor union
    or trade union.
    (b) "Arrearage" means the total amount of unpaid support
obligations, including interest, as determined by the court and
incorporated into an order for support.
    (b-5) "Business day" means a day on which State offices are
open for regular business.
    (c) "Delinquency" means any payment, including a payment of
interest, under an order for support which becomes due and
remains unpaid after entry of the order for support.
    (d) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, severance pay, interest, and any other payments, made
by any person, private entity, federal or state government, any
unit of local government, school district or any entity created
by Public Act; however, "income" excludes:
        (1) any amounts required by law to be withheld, other
    than creditor claims, including, but not limited to,
    federal, State and local taxes, Social Security and other
    retirement and disability contributions;
        (2) union dues;
        (3) any amounts exempted by the federal Consumer Credit
    Protection Act;
        (4) public assistance payments; and
        (5) unemployment insurance benefits except as provided
    by law.
    Any other State or local laws which limit or exempt income
or the amount or percentage of income that can be withheld
shall not apply.
    (e) "Obligor" means the individual who owes a duty to make
payments under an order for support.
    (f) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
    (g) "Payor" means any payor of income to an obligor.
    (h) "Public office" means any elected official or any State
or local agency which is or may become responsible by law for
enforcement of, or which is or may become authorized to
enforce, an order for support, including, but not limited to:
the Attorney General, the Illinois Department of Healthcare and
Family Services Public Aid, the Illinois Department of Human
Services, the Illinois Department of Children and Family
Services, and the various State's Attorneys, Clerks of the
Circuit Court and supervisors of general assistance.
    (i) "Premium" means the dollar amount for which the obligor
is liable to his employer or labor union or trade union and
which must be paid to enroll or maintain a child in a health
insurance plan that is available to the obligor through an
employer or labor union or trade union.
    (j) "State Disbursement Unit" means the unit established to
collect and disburse support payments in accordance with the
provisions of Section 10-26 of the Illinois Public Aid Code.
    (k) "Title IV-D Agency" means the agency of this State
charged by law with the duty to administer the child support
enforcement program established under Title IV, Part D of the
Social Security Act and Article X of the Illinois Public Aid
Code.
    (l) "Title IV-D case" means a case in which an obligee or
obligor is receiving child support enforcement services under
Title IV, Part D of the Social Security Act and Article X of
the Illinois Public Aid Code.
    (m) "National Medical Support Notice" means the notice
required for enforcement of orders for support providing for
health insurance coverage of a child under Title IV, Part D of
the Social Security Act, the Employee Retirement Income
Security Act of 1974, and federal regulations promulgated under
those Acts.
    (n) "Employer" means a payor or labor union or trade union
with an employee group health insurance plan and, for purposes
of the National Medical Support Notice, also includes but is
not limited to:
        (1) any State or local governmental agency with a group
    health plan; and
        (2) any payor with a group health plan or "church plan"
    covered under the Employee Retirement Income Security Act
    of 1974.
(Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/23/2007