Public Act 096-1284
 
HB6450 EnrolledLRB096 21079 AJT 36929 b



    AN ACT concerning transportation.

 
    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 as follows:
 



    (305 ILCS 5/10-17.6)  (from Ch. 23, par. 10-17.6)



    Sec. 10-17.6. Certification of

Information to Licensing 
Agencies. 
    (a) The
Illinois Department may provide by rule for 
certification to any State
licensing agency to suspend, revoke, 
or deny issuance or renewal of licenses because 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.

    (b) The Illinois Department may provide by rule for 
directing the Secretary of State to issue family financial

responsibility driving permits upon petition of responsible 
relatives whose driver's licenses have been suspended in 
accordance with subsection (b) of Section 7-702.1 of the 
Illinois Vehicle Code.  Any final administrative decisions 
rendered by the Department upon such petitions shall be 
reviewable only under and in accordance with the
Administrative 
Review Law. 
(Source: P.A. 95-685, eff. 10-23-07.)

 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Section 7-702.1 as follows:
 
    (625 ILCS 5/7-702.1)
    Sec. 7-702.1. Family financial responsibility driving 
permits. 
    (a) Following
the entry of an order that an obligor has 
been found in contempt by the court for failure to pay court 
ordered child
support payments or upon a motion by the obligor 
who is subject to having his
or her
driver's license suspended 
pursuant to subsection (b) of Section 7-703, the
court may 
enter an order directing the
Secretary of State to issue a 
family financial responsibility
driving permit for the purpose 
of providing the obligor the
privilege of operating a motor 
vehicle between the obligor's
residence and place of 
employment, or within the scope of
employment related duties; 
or for the purpose of providing
transportation for the obligor 
or a household member to receive
alcohol treatment, other drug 
treatment, or medical care. If the obligor is unemployed, the 
court may issue the order for the purpose of seeking 
employment, which may be subject to the requirements set forth 
in subsection (a) of Section 505.1 of the Illinois Marriage and 
Dissolution of Marriage Act.  Except upon a showing of good 
cause, any permit issued for the purpose of seeking employment 
shall be limited to Monday through Friday between the hours of 
8 a.m. and 12 p.m.  The
court may enter an order directing the 
issuance of a permit only if
the obligor has proven to the 
satisfaction of the court that no
alternative means of 
transportation are reasonably available for
the above stated 
purposes.  No permit shall be issued to a person under the
age 
of 16 years who possesses an instruction permit. In accordance 
with 49 C.F.R. Part 384, the Secretary of State may not issue a 
family financial responsibility driving permit to any person 
for the operation of a commercial motor vehicle if the person's 
driving privileges have been suspended under any provisions of 
this Code.
    Upon entry of an order granting the issuance of a permit to 
an
obligor, the court shall report this finding to the 
Secretary of
State on a form prescribed by the Secretary.  This 
form shall state
whether the permit has been granted for 
employment or medical
purposes and the specific days and hours 
for which limited driving
privileges have been granted.
    The family financial responsibility driving permit shall 
be subject
to cancellation, invalidation, suspension, and 
revocation by the
Secretary of State in the same manner and for 
the same reasons as
a driver's license may be cancelled, 
invalidated, suspended, or
revoked.
    The Secretary of State shall, upon receipt of a certified 
court
order from the court of jurisdiction, issue a family 
financial
responsibility driving permit. In order for this 
permit to be
issued, an individual's driving privileges must be 
valid except for
the family financial responsibility 
suspension. This permit shall
be valid only for employment and 
medical purposes as set forth
above.  The permit shall state the 
days and hours for which limited
driving privileges have been 
granted.
    Any submitted court order that contains insufficient data 
or fails
to comply with any provision of this Code shall not
be 
used for issuance of the permit or entered to the individual's

driving record but shall be returned to the court of 
jurisdiction
indicating why the permit cannot be issued at that 
time.  The
Secretary of State shall also send notice of the 
return of the
court order to the individual requesting the 
permit.
    (b) Following certification of delinquency pursuant to 
subsection (c) of Section 7-702 of this Code, and upon petition 
by the obligor whose driver's license has been suspended under 
that subsection, the Department of Healthcare and Family 
Services may direct the Secretary of State to issue a family 
financial responsibility driving permit for the purpose of 
providing the obligor the privilege of operating a motor 
vehicle between the obligor's residence and place of 
employment, or within the scope of employment related duties, 
or for the purpose of providing transportation for the obligor 
or a household member to receive alcohol treatment, other drug 
treatment, or medical care.  If the obligor is unemployed, the 
Department of Healthcare and Family Services may direct the 
issuance of the permit for the purpose of seeking employment, 
which may be subject to the requirements set forth in 
subsection (a) of Section 505.1 of the Illinois Marriage and 
Dissolution of Marriage Act.  Except upon a showing of good 
cause, any permit issued for the purpose of seeking employment 
shall be limited to Monday through Friday between the hours of 
8 a.m. and 12 p.m.  The Department of Healthcare and Family 
Services may direct the issuance of a permit only if the 
obligor has proven to the Department's satisfaction that no 
alternative means of transportation is reasonably available 
for the above stated purposes.
    The Department of Healthcare and Family Services shall 
report to the Secretary of State the finding granting a permit 
on a form prescribed by the
Secretary of State.  The form shall 
state the purpose for which the permit has been granted, the 
specific days and hours for which limited driving privileges 
are allowed, and the duration of the permit.
    The family financial responsibility driving permit shall 
be subject to cancellation, invalidation, suspension, and
 
revocation by the Secretary of State in the same manner and for 
the same reasons as a driver's license may be cancelled, 
invalidated, suspended, or revoked.
    As directed by the Department of Healthcare and Family 
Services, the Secretary of State shall issue a family financial 
responsibility driving permit, but only if the obligor's 
driving privileges are valid except for the family financial 
responsibility suspension.  The permit shall state the purpose 
or purposes for which it was granted under this subsection, the 
specific days and hours for which limited driving privileges 
are allowed, and the duration of the permit.
    If the Department of Healthcare and Family Services 
directive to issue a family financial  responsibility driving 
permit contains insufficient data or fails to comply with any 
provision of this Code, a permit shall not be issued and the 
directive shall be returned to the Department of Healthcare and 
Family Services.  The Secretary of State shall also send notice 
of the return of the
Department's directive to the obligor 
requesting the permit. 
    (c) In accordance with 49 C.F.R. Part 384, the Secretary of 
State may not issue a family financial
responsibility driving 
permit to any person for the operation of a commercial motor 
vehicle if the person's driving privileges have been suspended 
under any provisions of this Code. 
(Source: P.A. 94-307, eff. 9-30-05.)


Effective Date:  1/1/2011