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Public Act 096-1284
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| HB6450 Enrolled | LRB096 21079 AJT 36929 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 10-17.6 as follows:
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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
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
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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
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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.
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(b) The Illinois Department may provide by rule for |
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directing the Secretary of State to issue family financial
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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.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Section 7-702.1 as follows:
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(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; |
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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. |
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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
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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 |
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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. |
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The family financial responsibility driving permit shall |
be subject to cancellation, invalidation, suspension, and
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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. |