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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 10-17.6 as follows:
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6 | (305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
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7 | Sec. 10-17.6. Certification of
Information to Licensing | ||||||
8 | Agencies. | ||||||
9 | (a) The
Illinois Department may provide by rule for | ||||||
10 | certification to any State
licensing agency to suspend, revoke, | ||||||
11 | or deny issuance or renewal of licenses because of (i) the | ||||||
12 | failure of responsible relatives to comply with subpoenas or | ||||||
13 | warrants relating to paternity or child support proceedings and | ||||||
14 | (ii) past due support owed by responsible relatives under a
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15 | support order entered by a court or administrative body of this | ||||||
16 | or any
other State on behalf of resident or non-resident | ||||||
17 | persons receiving child support enforcement services under | ||||||
18 | Title IV, Part D of the Social Security Act. The rule shall
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19 | provide for notice to and an opportunity to be heard by each | ||||||
20 | responsible
relative affected and any final administrative | ||||||
21 | decision rendered by the
Department shall be reviewed only | ||||||
22 | under and in accordance with the
Administrative Review Law.
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23 | (b) The Illinois Department may provide by rule for |
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1 | directing the Secretary of State to issue family financial
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2 | responsibility driving permits upon petition of responsible | ||||||
3 | relatives whose driver's licenses have been suspended in | ||||||
4 | accordance with subsection (b) of Section 7-702.1 of the | ||||||
5 | Illinois Vehicle Code. Any final administrative decisions | ||||||
6 | rendered by the Department upon such petitions shall be | ||||||
7 | reviewable only under and in accordance with the
Administrative | ||||||
8 | Review Law. | ||||||
9 | (Source: P.A. 95-685, eff. 10-23-07.)
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10 | Section 10. The Illinois Vehicle Code is amended by | ||||||
11 | changing Section 7-702.1 as follows: | ||||||
12 | (625 ILCS 5/7-702.1) | ||||||
13 | Sec. 7-702.1. Family financial responsibility driving | ||||||
14 | permits. | ||||||
15 | (a) Following
the entry of an order that an obligor has | ||||||
16 | been found in contempt by the court for failure to pay court | ||||||
17 | ordered child
support payments or upon a motion by the obligor | ||||||
18 | who is subject to having his
or her
driver's license suspended | ||||||
19 | pursuant to subsection (b) of Section 7-703, the
court may | ||||||
20 | enter an order directing the
Secretary of State to issue a | ||||||
21 | family financial responsibility
driving permit for the purpose | ||||||
22 | of providing the obligor the
privilege of operating a motor | ||||||
23 | vehicle between the obligor's
residence and place of | ||||||
24 | employment, or within the scope of
employment related duties; |
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1 | or for the purpose of providing
transportation for the obligor | ||||||
2 | or a household member to receive
alcohol treatment, other drug | ||||||
3 | treatment, or medical care. If the obligor is unemployed, the | ||||||
4 | court may issue the order for the purpose of seeking | ||||||
5 | employment, which may be subject to the requirements set forth | ||||||
6 | in subsection (a) of Section 505.1 of the Illinois Marriage and | ||||||
7 | Dissolution of Marriage Act. Except upon a showing of good | ||||||
8 | cause, any permit issued for the purpose of seeking employment | ||||||
9 | shall be limited to Monday through Friday between the hours of | ||||||
10 | 8 a.m. and 12 p.m. The
court may enter an order directing the | ||||||
11 | issuance of a permit only if
the obligor has proven to the | ||||||
12 | satisfaction of the court that no
alternative means of | ||||||
13 | transportation are reasonably available for
the above stated | ||||||
14 | purposes. No permit shall be issued to a person under the
age | ||||||
15 | of 16 years who possesses an instruction permit. In accordance | ||||||
16 | with 49 C.F.R. Part 384, the Secretary of State may not issue a | ||||||
17 | family financial responsibility driving permit to any person | ||||||
18 | for the operation of a commercial motor vehicle if the person's | ||||||
19 | driving privileges have been suspended under any provisions of | ||||||
20 | this Code. | ||||||
21 | Upon entry of an order granting the issuance of a permit to | ||||||
22 | an
obligor, the court shall report this finding to the | ||||||
23 | Secretary of
State on a form prescribed by the Secretary. This | ||||||
24 | form shall state
whether the permit has been granted for | ||||||
25 | employment or medical
purposes and the specific days and hours | ||||||
26 | for which limited driving
privileges have been granted. |
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1 | The family financial responsibility driving permit shall | ||||||
2 | be subject
to cancellation, invalidation, suspension, and | ||||||
3 | revocation by the
Secretary of State in the same manner and for | ||||||
4 | the same reasons as
a driver's license may be cancelled, | ||||||
5 | invalidated, suspended, or
revoked. | ||||||
6 | The Secretary of State shall, upon receipt of a certified | ||||||
7 | court
order from the court of jurisdiction, issue a family | ||||||
8 | financial
responsibility driving permit. In order for this | ||||||
9 | permit to be
issued, an individual's driving privileges must be | ||||||
10 | valid except for
the family financial responsibility | ||||||
11 | suspension. This permit shall
be valid only for employment and | ||||||
12 | medical purposes as set forth
above. The permit shall state the | ||||||
13 | days and hours for which limited
driving privileges have been | ||||||
14 | granted. | ||||||
15 | Any submitted court order that contains insufficient data | ||||||
16 | or fails
to comply with any provision of this Code shall not
be | ||||||
17 | used for issuance of the permit or entered to the individual's
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18 | driving record but shall be returned to the court of | ||||||
19 | jurisdiction
indicating why the permit cannot be issued at that | ||||||
20 | time. The
Secretary of State shall also send notice of the | ||||||
21 | return of the
court order to the individual requesting the | ||||||
22 | permit. | ||||||
23 | (b) Following certification of delinquency pursuant to | ||||||
24 | subsection (c) of Section 7-702 of this Code, and upon petition | ||||||
25 | by the obligor whose driver's license has been suspended under | ||||||
26 | that subsection, the Department of Healthcare and Family |
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1 | Services may direct the Secretary of State to issue a family | ||||||
2 | financial responsibility driving permit for the purpose of | ||||||
3 | providing the obligor the privilege of operating a motor | ||||||
4 | vehicle between the obligor's residence and place of | ||||||
5 | employment, or within the scope of employment related duties, | ||||||
6 | or for the purpose of providing transportation for the obligor | ||||||
7 | or a household member to receive alcohol treatment, other drug | ||||||
8 | treatment, or medical care. If the obligor is unemployed, the | ||||||
9 | Department of Healthcare and Family Services may direct the | ||||||
10 | issuance of the permit for the purpose of seeking employment, | ||||||
11 | which may be subject to the requirements set forth in | ||||||
12 | subsection (a) of Section 505.1 of the Illinois Marriage and | ||||||
13 | Dissolution of Marriage Act. Except upon a showing of good | ||||||
14 | cause, any permit issued for the purpose of seeking employment | ||||||
15 | shall be limited to Monday through Friday between the hours of | ||||||
16 | 8 a.m. and 12 p.m. The Department of Healthcare and Family | ||||||
17 | Services may direct the issuance of a permit only if the | ||||||
18 | obligor has proven to the Department's satisfaction that no | ||||||
19 | alternative means of transportation is reasonably available | ||||||
20 | for the above stated purposes. | ||||||
21 | The Department of Healthcare and Family Services shall | ||||||
22 | report to the Secretary of State the finding granting a permit | ||||||
23 | on a form prescribed by the
Secretary of State. The form shall | ||||||
24 | state the purpose for which the permit has been granted, the | ||||||
25 | specific days and hours for which limited driving privileges | ||||||
26 | are allowed, and the duration of the permit. |
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1 | The family financial responsibility driving permit shall | ||||||
2 | be subject to cancellation, invalidation, suspension, and
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3 | revocation by the Secretary of State in the same manner and for | ||||||
4 | the same reasons as a driver's license may be cancelled, | ||||||
5 | invalidated, suspended, or revoked. | ||||||
6 | As directed by the Department of Healthcare and Family | ||||||
7 | Services, the Secretary of State shall issue a family financial | ||||||
8 | responsibility driving permit, but only if the obligor's | ||||||
9 | driving privileges are valid except for the family financial | ||||||
10 | responsibility suspension. The permit shall state the purpose | ||||||
11 | or purposes for which it was granted under this subsection, the | ||||||
12 | specific days and hours for which limited driving privileges | ||||||
13 | are allowed, and the duration of the permit. | ||||||
14 | If the Department of Healthcare and Family Services | ||||||
15 | directive to issue a family financial responsibility driving | ||||||
16 | permit contains insufficient data or fails to comply with any | ||||||
17 | provision of this Code, a permit shall not be issued and the | ||||||
18 | directive shall be returned to the Department of Healthcare and | ||||||
19 | Family Services. The Secretary of State shall also send notice | ||||||
20 | of the return of the
Department's directive to the obligor | ||||||
21 | requesting the permit. | ||||||
22 | (c) In accordance with 49 C.F.R. Part 384, the Secretary of | ||||||
23 | State may not issue a family financial
responsibility driving | ||||||
24 | permit to any person for the operation of a commercial motor | ||||||
25 | vehicle if the person's driving privileges have been suspended | ||||||
26 | under any provisions of this Code. |
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1 | (Source: P.A. 94-307, eff. 9-30-05.)
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