Rep. Monique D. Davis
Filed: 3/17/2010
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1 | AMENDMENT TO HOUSE BILL 6450
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2 | AMENDMENT NO. ______. Amend House Bill 6450 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 7-702 and 7-702.1 as follows: | ||||||
6 | (625 ILCS 5/7-702) | ||||||
7 | Sec. 7-702. Suspension of driver's license for failure to | ||||||
8 | comply with order to
pay
support. | ||||||
9 | (a) The Secretary of State shall suspend the driver's | ||||||
10 | license
issued to an obligor upon receiving an authenticated | ||||||
11 | report
provided for in subsection (a) of Section 7-703, that | ||||||
12 | the person is 90
days or more delinquent in court ordered child
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13 | support payments or has been adjudicated in arrears in an | ||||||
14 | amount
equal to 90 days obligation or more, and has been found | ||||||
15 | in contempt by
the court for failure to pay the support. | ||||||
16 | (b) The Secretary of State shall suspend the driver's |
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1 | license issued to an
obligor upon receiving an authenticated | ||||||
2 | document provided for in subsection (b)
of Section 7-703, that | ||||||
3 | the person has been adjudicated in arrears in court
ordered | ||||||
4 | child support payments in an amount equal to 90 days obligation | ||||||
5 | or
more,
but has not been held in contempt of court, and that | ||||||
6 | the court has ordered that
the person's driving privileges be | ||||||
7 | suspended. The obligor's driver's license
shall be suspended | ||||||
8 | until such time as the Secretary of State receives
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9 | authenticated documentation that the obligor is in compliance | ||||||
10 | with the court
order of support. When the obligor complies with | ||||||
11 | the court ordered child
support
payments, the circuit court | ||||||
12 | shall report the obligor's compliance with the
court order of | ||||||
13 | support to the Secretary of State, on a form prescribed by the
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14 | Secretary of State, and shall order that the obligor's driver's | ||||||
15 | license be
reinstated. | ||||||
16 | (c) The Secretary of State shall suspend a driver's license | ||||||
17 | upon certification by the Illinois Department of Healthcare and | ||||||
18 | Family Services, in a manner and form prescribed by the | ||||||
19 | Illinois Secretary of State, that the person licensed is 90 | ||||||
20 | days or more delinquent in payment of support under an order of | ||||||
21 | support issued by a court or administrative body of this or any | ||||||
22 | other State. The Secretary of State may reinstate the person's | ||||||
23 | driver's license if notified by the Department of Healthcare | ||||||
24 | and Family Services that the person has paid the support | ||||||
25 | delinquency in full or has arranged for payment of the | ||||||
26 | delinquency and current support obligation in a manner |
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1 | satisfactory to the Department of Healthcare and Family | ||||||
2 | Services. | ||||||
3 | Following the certification of delinquency or upon a motion | ||||||
4 | by the obligor who is subject to having his or her driver's | ||||||
5 | license suspended under this subsection, the Department of | ||||||
6 | Healthcare and Family Services may enter an order directing the | ||||||
7 | Secretary of State to issue
a family financial responsibility | ||||||
8 | driving permit under the purposes and limitations set forth in | ||||||
9 | Section 7-702.1 of this Code. If the obligor is unemployed, the | ||||||
10 | Department may condition the grant of the permit upon | ||||||
11 | successful participation in job search, training, and work | ||||||
12 | programs established under Article IXA of the Illinois Public | ||||||
13 | Aid Code.
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14 | Upon entry of an order granting the issuance of a permit to | ||||||
15 | an obligor, the Department of Healthcare and Family Services | ||||||
16 | shall report this finding to the Secretary of State on a form | ||||||
17 | prescribed by the Secretary. This form shall state whether the | ||||||
18 | permit has been granted for employment or medical purposes and | ||||||
19 | the specific days and hours for which the limited driving | ||||||
20 | privileges have been granted.
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21 | The family financial responsibility driving permit shall | ||||||
22 | be subject to cancellation, invalidation, suspension, and | ||||||
23 | revocation by the Secretary of State in the same manner and for | ||||||
24 | the same reasons as a driver's license may be cancelled, | ||||||
25 | invalidated, suspended, or revoked.
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26 | The Secretary of State shall, upon receipt of a certified |
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1 | order from the Department of Healthcare and Family Services, | ||||||
2 | issue a family financial responsibility driving permit. In | ||||||
3 | order for this permit to be issued, an individual's driving | ||||||
4 | privileges must be valid except for the family financial | ||||||
5 | responsibility suspension. This permit shall be valid only for | ||||||
6 | the employment and medical purpose as set forth in Section | ||||||
7 | 7-702.1 of this Act. The permit shall state the days and hours | ||||||
8 | for which limited driving privileges have been granted.
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9 | Any submitted Department of Healthcare and Family Services | ||||||
10 | order that contains insufficient data or fails to comply with | ||||||
11 | any provision of this Code shall not be used for issuance of | ||||||
12 | the permit or entered to the individual's driving record but | ||||||
13 | shall be returned to the Department of Healthcare and Family | ||||||
14 | Services indicating why the permit cannot be issued at that | ||||||
15 | time. The Secretary of State shall also send notice of the | ||||||
16 | return of the Department of Healthcare and Family Services | ||||||
17 | order to the individual requesting the permit.
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18 | (Source: P.A. 95-685, eff. 10-23-07.) | ||||||
19 | (625 ILCS 5/7-702.1) | ||||||
20 | Sec. 7-702.1. Family financial responsibility driving | ||||||
21 | permits. Following
the entry of an order that an obligor has | ||||||
22 | been found in contempt by the court for failure to pay court | ||||||
23 | ordered child
support payments or upon a motion by the obligor | ||||||
24 | who is subject to having his
or her
driver's license suspended | ||||||
25 | pursuant to subsection (b) of Section 7-703, the
court may |
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1 | enter an order directing the
Secretary of State to issue a | ||||||
2 | family financial responsibility
driving permit for the purpose | ||||||
3 | of 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 | court may issue the order for the purpose of seeking | ||||||
10 | employment, which may be subject to the requirements set forth | ||||||
11 | in subsection (a) of Section 60 of the Non-Support Punishment | ||||||
12 | Act. Except upon a showing of good cause, any permit issued for | ||||||
13 | the purpose of seeking employment shall be limited to Monday | ||||||
14 | through Friday between the hours of 8 a.m. and 12 p.m. The
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15 | court may enter an order directing the issuance of a permit | ||||||
16 | only if
the obligor has proven to the satisfaction of the court | ||||||
17 | that no
alternative means of transportation are reasonably | ||||||
18 | available for
the above stated purposes. No permit shall be | ||||||
19 | issued to a person under the
age of 16 years who possesses an | ||||||
20 | instruction permit. In accordance with 49 C.F.R. Part 384, the | ||||||
21 | Secretary of State may not issue a family financial | ||||||
22 | responsibility driving permit to any person for the operation | ||||||
23 | of a commercial motor vehicle if the person's driving | ||||||
24 | privileges have been suspended under any provisions of this | ||||||
25 | Code. | ||||||
26 | Upon entry of an order granting the issuance of a permit to |
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1 | an
obligor, the court shall report this finding to the | ||||||
2 | Secretary of
State on a form prescribed by the Secretary. This | ||||||
3 | form shall state
whether the permit has been granted for | ||||||
4 | employment or medical
purposes and the specific days and hours | ||||||
5 | for which limited driving
privileges have been granted. | ||||||
6 | The family financial responsibility driving permit shall | ||||||
7 | be subject
to cancellation, invalidation, suspension, and | ||||||
8 | revocation by the
Secretary of State in the same manner and for | ||||||
9 | the same reasons as
a driver's license may be cancelled, | ||||||
10 | invalidated, suspended, or
revoked. | ||||||
11 | The Secretary of State shall, upon receipt of a certified | ||||||
12 | court
order from the court of jurisdiction, issue a family | ||||||
13 | financial
responsibility driving permit. In order for this | ||||||
14 | permit to be
issued, an individual's driving privileges must be | ||||||
15 | valid except for
the family financial responsibility | ||||||
16 | suspension. This permit shall
be valid only for employment and | ||||||
17 | medical purposes as set forth
above. The permit shall state the | ||||||
18 | days and hours for which limited
driving privileges have been | ||||||
19 | granted. | ||||||
20 | Any submitted court order that contains insufficient data | ||||||
21 | or fails
to comply with any provision of this Code shall not
be | ||||||
22 | used for issuance of the permit or entered to the individual's
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23 | driving record but shall be returned to the court of | ||||||
24 | jurisdiction
indicating why the permit cannot be issued at that | ||||||
25 | time. The
Secretary of State shall also send notice of the | ||||||
26 | return of the
court order to the individual requesting the |
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1 | permit. | ||||||
2 | (Source: P.A. 94-307, eff. 9-30-05.)".
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