Full Text of HB1747 95th General Assembly
HB1747ham001 95TH GENERAL ASSEMBLY
|
Rep. Cynthia Soto
Filed: 4/17/2007
|
|
09500HB1747ham001 |
|
LRB095 07292 DRJ 34961 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1747
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1747 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Insurance Code is amended by | 5 |
| adding Section 238.2 as follows: | 6 |
| (215 ILCS 5/238.2 new) | 7 |
| Sec. 238.2. Cooperation in identification of persons owing | 8 |
| past-due child support who may be entitled to payments under | 9 |
| insurance policies; compliance with liens and levies. | 10 |
| (a) Before making a payment to any claimant of $500 or more | 11 |
| under a policy of insurance of any kind, an insurance company | 12 |
| doing business in this State and governed by this Code shall | 13 |
| report the claim to the Insurance Service Office's CLAIMSEARCH | 14 |
| database for purposes of cooperation with the Child Support | 15 |
| Lien Network. | 16 |
| (b) Upon receipt of a notice of lien or levy from the |
|
|
|
09500HB1747ham001 |
- 2 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| Illinois Department of Healthcare and Family Services, an | 2 |
| insurance company shall hold or encumber or surrender to the | 3 |
| Illinois Department the proceeds of a claim up to the amount of | 4 |
| past-due support stated in the notice. | 5 |
| (c) An insurance company that in good faith cooperates with | 6 |
| the Child Support Lien Network or that holds, encumbers, or | 7 |
| surrenders claim proceeds in response to a notice of lien or | 8 |
| levy as provided for under this Section shall not be liable to | 9 |
| any insurance claimant or any other person in any civil, | 10 |
| criminal, or administrative action. | 11 |
| Section 10. The Illinois Public Aid Code is amended by | 12 |
| changing Section 10-17.6 and by adding Sections 10-17.13, | 13 |
| 10-17.14, and 10-25.6 as follows:
| 14 |
| (305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
| 15 |
| Sec. 10-17.6. Certification of
Past Due Support
| 16 |
| Information to Licensing Agencies. The
Illinois Department may | 17 |
| provide by rule for certification to any State
licensing agency | 18 |
| of (i) the failure of responsible relatives to comply with | 19 |
| subpoenas or warrants relating to paternity or child support | 20 |
| proceedings and (ii) past due support owed by responsible | 21 |
| relatives under a
support order entered by a court or | 22 |
| administrative body of this or any
other State on behalf of | 23 |
| resident or non-resident persons receiving child support | 24 |
| enforcement services under Title IV, Part D of the Social |
|
|
|
09500HB1747ham001 |
- 3 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| Security Act . The rule shall
provide for notice to and an | 2 |
| opportunity to be heard by each responsible
relative affected | 3 |
| and any final administrative decision rendered by the
| 4 |
| Department shall be reviewed only under and in accordance with | 5 |
| the
Administrative Review Law.
| 6 |
| (Source: P.A. 87-412.)
| 7 |
| (305 ILCS 5/10-17.13 new) | 8 |
| Sec. 10-17.13. Vehicle immobilization and impoundment. The | 9 |
| Illinois Department may provide by rule for certification to | 10 |
| municipalities of past due support owed by responsible | 11 |
| relatives under a support order entered by a court or | 12 |
| administrative body of this or any other State on behalf of | 13 |
| resident or non-resident persons. The purpose of certification | 14 |
| shall be to effect collection of past due support by | 15 |
| immobilization and impoundment of vehicles registered to | 16 |
| responsible relatives pursuant to ordinances established by | 17 |
| such municipalities under Section 11-1430 of the Illinois | 18 |
| Vehicle Code. | 19 |
| The rule shall provide for notice to and an opportunity to | 20 |
| be heard by each responsible relative affected, and any final | 21 |
| administrative decision rendered by the Department shall be | 22 |
| reviewed only under and in accordance with the Administrative | 23 |
| Review Law. A responsible relative may avoid certification to a | 24 |
| municipality for vehicle immobilization or arrange for | 25 |
| discontinuance of vehicle immobilization and impoundment |
|
|
|
09500HB1747ham001 |
- 4 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| already engaged by payment of past due support or by entering | 2 |
| into a plan for payment of past and current child support | 3 |
| obligations in a manner satisfactory to the Illinois | 4 |
| Department. | 5 |
| (305 ILCS 5/10-17.14 new) | 6 |
| Sec. 10-17.14. Past due support information to the Illinois | 7 |
| Department of State Police. The Illinois Department may provide | 8 |
| by rule for certification to the Illinois Department of State | 9 |
| Police of past due support owed by responsible relatives under | 10 |
| a support order entered by a court or administrative body of | 11 |
| this or any other State on behalf of resident or non-resident | 12 |
| persons. The purpose of certification shall be to effect denial | 13 |
| of issuance or renewal of Firearm Owner's Identification Cards | 14 |
| for failure to pay support. | 15 |
| The rule shall provide for notice to and an opportunity to | 16 |
| be heard by each responsible relative affected, and any final | 17 |
| administrative decision rendered by the Department shall be | 18 |
| reviewed only under and in accordance with the Administrative | 19 |
| Review Law. | 20 |
| (305 ILCS 5/10-25.6 new) | 21 |
| Sec. 10-25.6. Administrative liens and levies on proceeds | 22 |
| of insurance claims for past-due child support. | 23 |
| (a) Notwithstanding any other provision of law to the | 24 |
| contrary, the State shall have a lien on all legal and |
|
|
|
09500HB1747ham001 |
- 5 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| equitable interests of responsible relatives in the proceeds of | 2 |
| any claim under a policy of insurance, including but not | 3 |
| limited to proceeds on claims under the Workers' Compensation | 4 |
| Act and the Workers' Occupational Diseases Act, in the amount | 5 |
| of past-due child support owing pursuant to an order for | 6 |
| support entered under Section 10-10 or 10-11 of this Code, or | 7 |
| under the Illinois Marriage and Dissolution of Marriage Act, | 8 |
| the Non-Support Punishment Act, the Uniform Interstate Family | 9 |
| Support Act, the Illinois Parentage Act of 1984, or under any | 10 |
| other law, State or federal, providing for support of a | 11 |
| dependent child. | 12 |
| (b) The Illinois Department shall provide by rule for | 13 |
| issuance of notices of lien and levy to insurance companies for | 14 |
| the purpose of encumbering and levying upon the proceeds of | 15 |
| insurance claims for collection of past-due support. The rule | 16 |
| shall provide for notice to and an opportunity to be heard by | 17 |
| each responsible relative affected, and any final | 18 |
| administrative decision rendered by the Illinois Department | 19 |
| shall be reviewed only under and in accordance with the | 20 |
| Administrative Review Law. | 21 |
| Section 15. The Firearm Owners Identification Card Act is | 22 |
| amended by changing Section 10 and by adding Section 8.2 as | 23 |
| follows: | 24 |
| (430 ILCS 65/8.2 new) |
|
|
|
09500HB1747ham001 |
- 6 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| Sec. 8.2. Denial of issuance or renewal of Firearm Owner's | 2 |
| Identification Card upon
certification of Illinois Department | 3 |
| of Healthcare and Family Services. Notwithstanding any other | 4 |
| provision of this Act, the Department of State Police shall | 5 |
| deny issuance or renewal of a Firearm Owner's Identification | 6 |
| Card solely upon the certification of the Illinois Department | 7 |
| of Healthcare and Family Services that the applicant owes past | 8 |
| due support under Section 10-17.14 of the Illinois Public Aid | 9 |
| Code. Further process, hearings, or redetermination of past due | 10 |
| support by the Department of State Police shall not be | 11 |
| required. The Department of State Police may issue or renew a | 12 |
| Firearm Owner's Identification Card if the applicant has | 13 |
| arranged for payment of past and current support obligations in | 14 |
| a manner satisfactory to the Department of Healthcare and | 15 |
| Family Services.
| 16 |
| (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 17 |
| Sec. 10. (a) Whenever an application for a Firearm Owner's | 18 |
| Identification
Card is denied, whenever the Department fails to | 19 |
| act on an application
within 30 days of its receipt, or | 20 |
| whenever such a Card is revoked or seized
as provided for in | 21 |
| Section 8 of this Act, the aggrieved party may
appeal
to the | 22 |
| Director of the Department of State Police for a hearing upon
| 23 |
| such denial, revocation or seizure, unless the denial, | 24 |
| revocation, or seizure
was based upon a forcible felony, | 25 |
| stalking, aggravated stalking, domestic
battery, any violation |
|
|
|
09500HB1747ham001 |
- 7 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| of the Illinois Controlled Substances Act, the Methamphetamine | 2 |
| Control and Community Protection Act, or the
Cannabis Control | 3 |
| Act that is classified as a Class 2 or greater felony,
any
| 4 |
| felony violation of Article 24 of the Criminal Code of 1961, or | 5 |
| any
adjudication as a delinquent minor for the commission of an
| 6 |
| offense that if committed by an adult would be a felony, in | 7 |
| which case the
aggrieved party may petition the circuit court | 8 |
| in writing in the county of
his or her residence for a hearing | 9 |
| upon such denial, revocation, or seizure.
| 10 |
| (b) At least 30 days before any hearing in the circuit | 11 |
| court, the
petitioner shall serve the
relevant State's Attorney | 12 |
| with a copy of the petition. The State's Attorney
may object to | 13 |
| the petition and present evidence. At the hearing the court
| 14 |
| shall
determine whether substantial justice has been done. | 15 |
| Should the court
determine that substantial justice has not | 16 |
| been done, the court shall issue an
order directing the | 17 |
| Department of State Police to issue a Card.
| 18 |
| (c) Any person prohibited from possessing a firearm under | 19 |
| Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 20 |
| acquiring a Firearm Owner's
Identification Card under Section 8 | 21 |
| of this Act may apply to
the Director
of the Department of | 22 |
| State Police
or petition the circuit court in the county where | 23 |
| the petitioner resides,
whichever is applicable in accordance | 24 |
| with subsection (a) of this Section,
requesting relief
from | 25 |
| such prohibition and the Director or court may grant such | 26 |
| relief if it
is
established by the applicant to the court's or |
|
|
|
09500HB1747ham001 |
- 8 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| Director's satisfaction
that:
| 2 |
| (0.05) when in the circuit court, the State's Attorney | 3 |
| has been served
with a written
copy of the
petition at | 4 |
| least 30 days before any such hearing in the circuit court | 5 |
| and at
the hearing the
State's Attorney was afforded an | 6 |
| opportunity to present evidence and object to
the petition;
| 7 |
| (1) the applicant has not been convicted of a forcible | 8 |
| felony under the
laws of this State or any other | 9 |
| jurisdiction within 20 years of the
applicant's | 10 |
| application for a Firearm Owner's Identification Card, or | 11 |
| at
least 20 years have passed since the end of any period | 12 |
| of imprisonment
imposed in relation to that conviction;
| 13 |
| (2) the circumstances regarding a criminal conviction, | 14 |
| where applicable,
the applicant's criminal history and his | 15 |
| reputation are such that the applicant
will not be likely | 16 |
| to act in a manner dangerous to public safety; and
| 17 |
| (3) granting relief would not be contrary to the public | 18 |
| interest.
| 19 |
| (d) When a minor is adjudicated delinquent for an offense | 20 |
| which if
committed by an adult would be a felony, the court | 21 |
| shall notify the Department
of State Police.
| 22 |
| (e) The court shall review the denial of an application or | 23 |
| the revocation of
a Firearm Owner's Identification Card of a | 24 |
| person who has been adjudicated
delinquent for an offense that | 25 |
| if
committed by an adult would be a felony if an
application | 26 |
| for relief has been filed at least 10 years after the |
|
|
|
09500HB1747ham001 |
- 9 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| adjudication
of delinquency and the court determines that the | 2 |
| applicant should be
granted relief from disability to obtain a | 3 |
| Firearm Owner's Identification Card.
If the court grants | 4 |
| relief, the court shall notify the Department of State
Police | 5 |
| that the disability has
been removed and that the applicant is | 6 |
| eligible to obtain a Firearm Owner's
Identification Card.
| 7 |
| (f) The provisions of this Section shall not apply to | 8 |
| instances in which an application for issuance or renewal of a | 9 |
| Firearm Owner's Identification Card is denied pursuant to | 10 |
| Section 8.2 of this Act.
| 11 |
| (Source: P.A. 93-367, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 12 |
| Section 20. The Illinois Vehicle Code is amended by | 13 |
| changing Sections 6-103, 7-100, 7-701, 7-702, 7-702.1, 7-704, | 14 |
| 7-705, 7-706, 7-707, and 7-708 and by adding Sections 7-704.1 | 15 |
| and 11-1430 as follows:
| 16 |
| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| 17 |
| Sec. 6-103. What persons shall not be licensed as drivers | 18 |
| or granted
permits. The Secretary of State shall not issue, | 19 |
| renew, or
allow the retention of any driver's
license nor issue | 20 |
| any permit under this Code:
| 21 |
| 1. To any person, as a driver, who is under the age of | 22 |
| 18 years except
as provided in Section 6-107, and except | 23 |
| that an instruction permit may be
issued under Section | 24 |
| 6-107.1 to a child who
is not less than 15 years of age if |
|
|
|
09500HB1747ham001 |
- 10 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| the child is enrolled in an approved
driver education | 2 |
| course as defined in Section 1-103 of this Code and
| 3 |
| requires an instruction permit to participate therein, | 4 |
| except that an
instruction permit may be issued under the | 5 |
| provisions of Section 6-107.1
to a child who is 17 years | 6 |
| and 9 months of age without the child having
enrolled in an
| 7 |
| approved driver education course and except that an
| 8 |
| instruction permit may be issued to a child who is at least | 9 |
| 15 years and 6
months of age, is enrolled in school, meets | 10 |
| the educational requirements of
the Driver Education Act, | 11 |
| and has passed examinations the Secretary of State in
his | 12 |
| or her discretion may prescribe;
| 13 |
| 2. To any person who is under the age of 18 as an | 14 |
| operator of a motorcycle
other than a motor driven cycle | 15 |
| unless the person has, in addition to
meeting the | 16 |
| provisions of Section 6-107 of this Code, successfully
| 17 |
| completed a motorcycle
training course approved by the | 18 |
| Illinois Department of Transportation and
successfully | 19 |
| completes the required Secretary of State's motorcycle | 20 |
| driver's
examination;
| 21 |
| 3. To any person, as a driver, whose driver's license | 22 |
| or permit has been
suspended, during the suspension, nor to | 23 |
| any person whose driver's license or
permit has been | 24 |
| revoked, except as provided in Sections 6-205, 6-206, and
| 25 |
| 6-208;
| 26 |
| 4. To any person, as a driver, who is a user of alcohol |
|
|
|
09500HB1747ham001 |
- 11 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| or any other
drug to a degree that renders the person | 2 |
| incapable of safely driving a motor
vehicle;
| 3 |
| 5. To any person, as a driver, who has previously been | 4 |
| adjudged to be
afflicted with or suffering from any mental | 5 |
| or physical disability or disease
and who has not at the | 6 |
| time of application been restored to competency by the
| 7 |
| methods provided by law;
| 8 |
| 6. To any person, as a driver, who is required by the | 9 |
| Secretary of State
to submit an alcohol and drug evaluation | 10 |
| or take an examination provided
for in this Code unless the | 11 |
| person has
successfully passed the examination and | 12 |
| submitted any required evaluation;
| 13 |
| 7. To any person who is required under the provisions | 14 |
| of the laws of
this State to deposit security or proof of | 15 |
| financial responsibility and who
has not deposited the | 16 |
| security or proof;
| 17 |
| 8. To any person when the Secretary of State has good | 18 |
| cause to believe
that the person by reason of physical or | 19 |
| mental disability would not be
able to safely operate a | 20 |
| motor vehicle upon the highways, unless the
person shall | 21 |
| furnish to the Secretary of State a verified written
| 22 |
| statement, acceptable to the Secretary of State, from a | 23 |
| competent medical
specialist to the effect that the | 24 |
| operation of a motor vehicle by the
person would not be | 25 |
| inimical to the public safety;
| 26 |
| 9. To any person, as a driver, who is 69 years of age |
|
|
|
09500HB1747ham001 |
- 12 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| or older, unless
the person has successfully complied with | 2 |
| the provisions of Section 6-109;
| 3 |
| 10. To any person convicted, within 12 months of | 4 |
| application for a
license, of any of the sexual offenses | 5 |
| enumerated in paragraph 2 of subsection
(b) of Section | 6 |
| 6-205;
| 7 |
| 11. To any person who is under the age of 21 years with | 8 |
| a classification
prohibited in paragraph (b) of Section | 9 |
| 6-104 and to any person who is under
the age of 18 years | 10 |
| with a classification prohibited in paragraph (c) of
| 11 |
| Section 6-104;
| 12 |
| 12. To any person who has been either convicted of or | 13 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 14 |
| a violation of the Cannabis Control
Act, the Illinois | 15 |
| Controlled Substances Act, or the Methamphetamine Control | 16 |
| and Community Protection Act while that person was in | 17 |
| actual
physical control of a motor vehicle. For purposes of | 18 |
| this Section, any person
placed on probation under Section | 19 |
| 10 of the Cannabis Control Act, Section 410
of the Illinois | 20 |
| Controlled Substances Act, or Section 70 of the | 21 |
| Methamphetamine Control and Community Protection Act shall | 22 |
| not be considered convicted.
Any person found guilty of | 23 |
| this offense, while in actual physical control of a
motor | 24 |
| vehicle, shall have an entry made in the court record by | 25 |
| the judge that
this offense did occur while the person was | 26 |
| in actual physical control of a
motor vehicle and order the |
|
|
|
09500HB1747ham001 |
- 13 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| clerk of the court to report the violation to the
Secretary | 2 |
| of State as such. The Secretary of State shall not issue a | 3 |
| new
license or permit for a period of one year;
| 4 |
| 13. To any person who is under the age of 18 years and | 5 |
| who has committed
the offense
of operating a motor vehicle | 6 |
| without a valid license or permit in violation of
Section | 7 |
| 6-101;
| 8 |
| 14. To any person who is
90 days or more
delinquent in | 9 |
| court ordered child support
payments or has been | 10 |
| adjudicated in arrears
in an amount equal to 90 days' | 11 |
| obligation or more
and who has been found in contempt
of
| 12 |
| court for failure to pay the support, subject to the | 13 |
| requirements and
procedures of Article VII of Chapter 7 of
| 14 |
| the Illinois Vehicle Code;
| 15 |
| 14.5. To any person certified by the Illinois | 16 |
| Department of Healthcare and Family Services as being 90 | 17 |
| days or more delinquent in payment of support under an | 18 |
| order of support entered by a court or administrative body | 19 |
| of this or any other State, or as having failed to comply | 20 |
| with a subpoena or warrant relating to a paternity or child | 21 |
| support proceeding, subject to the requirements and | 22 |
| procedures of Article VII of Chapter 7 of this Code | 23 |
| regarding those certifications.
| 24 |
| 15. To any person released from a term of imprisonment | 25 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 26 |
| similar provision of a law of another state relating to |
|
|
|
09500HB1747ham001 |
- 14 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| reckless homicide or for violating subparagraph (F) of | 2 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 3 |
| Code relating to aggravated driving under the influence of | 4 |
| alcohol, other drug or drugs, intoxicating compound or | 5 |
| compounds, or any combination thereof, if the violation was | 6 |
| the proximate cause of a death, within
24 months of release | 7 |
| from a term of imprisonment;
| 8 |
| 16. To any person who, with intent to influence any act | 9 |
| related to the issuance of any driver's license or permit, | 10 |
| by an employee of the Secretary of State's Office, or the | 11 |
| owner or employee of any commercial driver training school | 12 |
| licensed by the Secretary of State, or any other individual | 13 |
| authorized by the laws of this State to give driving | 14 |
| instructions or administer all or part of a driver's | 15 |
| license examination, promises or tenders to that person any | 16 |
| property or personal advantage which that person is not | 17 |
| authorized by law to accept. Any persons promising or | 18 |
| tendering such property or personal advantage shall be | 19 |
| disqualified from holding any class of driver's license or | 20 |
| permit for 120 consecutive days. The Secretary of State | 21 |
| shall establish by rule the procedures for implementing | 22 |
| this period of disqualification and the procedures by which | 23 |
| persons so disqualified may obtain administrative review | 24 |
| of the decision to disqualify; or
| 25 |
| 17. To any person for whom the Secretary of State | 26 |
| cannot verify the
accuracy of any information or |
|
|
|
09500HB1747ham001 |
- 15 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| documentation submitted in application for a
driver's | 2 |
| license. | 3 |
| The Secretary of State shall retain all conviction
| 4 |
| information, if the information is required to be held | 5 |
| confidential under
the Juvenile Court Act of 1987.
| 6 |
| (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783, | 7 |
| eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556, | 8 |
| eff. 9-11-05.)
| 9 |
| (625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
| 10 |
| Sec. 7-100. Definition of words and phrases. | 11 |
| Notwithstanding the definitions
set forth in Chapter 1, for the | 12 |
| purposes of this Chapter,
the following words shall have the | 13 |
| following meanings ascribed to them:
| 14 |
| Administrative order of support. An order for the support | 15 |
| of dependent children issued by an administrative body of this | 16 |
| or any other State.
| 17 |
| Administrator. The Department of Transportation.
| 18 |
| Arrearage. The total amount of unpaid support obligations.
| 19 |
| Authenticated document. A document from a court which | 20 |
| contains a court
stamp, showing it is filed with the court, or | 21 |
| notarized, or is certified by
the custodian of the original.
| 22 |
| Compliance with a court order of support. The support
| 23 |
| obligor is no more than an amount equal to 90 days obligation | 24 |
| in arrears in
making payments in full for current support, or | 25 |
| in making periodic payments on
a support arrearage as |
|
|
|
09500HB1747ham001 |
- 16 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| determined by a court.
| 2 |
| Court order of support. A judgment order for the
support of | 3 |
| dependent children issued by a court of this State, including
a | 4 |
| judgment of dissolution of marriage. With regard to a | 5 |
| certification by the Department of Healthcare and Family | 6 |
| Services under subsection (c) of Section 7-702, the term "court | 7 |
| order of support" shall include an order of support entered by | 8 |
| a court of this or any other State.
| 9 |
| Driver's license. A license or permit to operate a motor | 10 |
| vehicle in the
State, including the privilege of a person to | 11 |
| drive a motor vehicle whether or
not the person holds a valid | 12 |
| license or permit.
| 13 |
| Family financial responsibility driving permit. A permit | 14 |
| granting
limited driving privileges for employment or medical | 15 |
| purposes
following a suspension of driving privileges under the | 16 |
| Family
Financial Responsibility Law. This permit is valid only | 17 |
| after the
entry of a court order granting the permit and | 18 |
| issuance of the
permit by the Secretary of State's Office. An | 19 |
| individual's driving
privileges must be valid except for the | 20 |
| family financial
responsibility suspension in order for this | 21 |
| permit to be issued.
In order to be valid, the permit must be | 22 |
| in the immediate
possession of the driver to whom it is issued.
| 23 |
| Judgment. A final judgment of any court of competent | 24 |
| jurisdiction of any
State, against a person as defendant for | 25 |
| damages on account of bodily
injury to or death of any person | 26 |
| or damages to property resulting from the
operation of any |
|
|
|
09500HB1747ham001 |
- 17 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| motor vehicle.
| 2 |
| Obligor. The individual who owes a duty to make payments | 3 |
| under a court
order of support.
| 4 |
| Obligee. The individual or other legal entity to whom a | 5 |
| duty of support is
owed through a court order of support or the | 6 |
| individual's
legal
representatives.
| 7 |
| (Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
| 8 |
| (625 ILCS 5/7-701)
| 9 |
| Sec. 7-701. Findings and purpose. The General Assembly | 10 |
| finds that
the timely receipt of adequate financial support has | 11 |
| the effect of reducing
poverty and State expenditures for | 12 |
| welfare dependency among children, and that
the timely payment | 13 |
| of adequate child support demonstrates financial
| 14 |
| responsibility. Further, the General Assembly finds that the | 15 |
| State has a
compelling interest in ensuring that drivers within | 16 |
| the State demonstrate
financial responsibility, including | 17 |
| family financial responsibility, in order
to safely own and | 18 |
| operate a motor vehicle. To this end, the
Secretary of State
is | 19 |
| authorized to establish systems to suspend
driver's licenses | 20 |
| for failure to
comply with court and administrative orders of | 21 |
| support and with subpoenas or warrants relating to paternity or | 22 |
| child support proceedings .
| 23 |
| (Source: P.A. 91-613, eff. 7-1-00.)
| 24 |
| (625 ILCS 5/7-702)
|
|
|
|
09500HB1747ham001 |
- 18 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| Sec. 7-702. Suspension of driver's license for failure to | 2 |
| comply with order, subpoena, or warrant relating to paternity
| 3 |
| or
pay child
support.
| 4 |
| (a) The Secretary of State shall suspend the driver's | 5 |
| license
issued to an obligor upon receiving an authenticated | 6 |
| report
provided for in subsection (a) of Section 7-703, that | 7 |
| the person is 90
days or more delinquent in court ordered child
| 8 |
| support payments or has been adjudicated in arrears in an | 9 |
| amount
equal to 90 days obligation or more, and has been found | 10 |
| in contempt by
the court for failure to pay the support.
| 11 |
| (b) The Secretary of State shall suspend the driver's | 12 |
| license issued to an
obligor upon receiving an authenticated | 13 |
| document provided for in subsection (b)
of Section 7-703, that | 14 |
| the person has been adjudicated in arrears in court
ordered | 15 |
| child support payments in an amount equal to 90 days obligation | 16 |
| or
more,
but has not been held in contempt of court, and that | 17 |
| the court has ordered that
the person's driving privileges be | 18 |
| suspended. The obligor's driver's license
shall be suspended | 19 |
| until such time as the Secretary of State receives
| 20 |
| authenticated documentation that the obligor is in compliance | 21 |
| with the court
order of support. When the obligor complies with | 22 |
| the court ordered child
support
payments, the circuit court | 23 |
| shall report the obligor's compliance with the
court order of | 24 |
| support to the Secretary of State, on a form prescribed by the
| 25 |
| Secretary of State, and shall order that the obligor's driver's | 26 |
| license be
reinstated.
|
|
|
|
09500HB1747ham001 |
- 19 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| (c) The Secretary of State shall suspend a driver's license | 2 |
| upon certification by the Illinois Department of Healthcare and | 3 |
| Family Services that the person licensed is 90 days or more | 4 |
| delinquent in payment of support under an order of support | 5 |
| issued by a court or administrative body of this or any other | 6 |
| State, or that the person has failed to comply with a subpoena | 7 |
| or warrant relating to a paternity or child support proceeding. | 8 |
| The Secretary of State may reinstate the person's driver's | 9 |
| license if notified by the Department of Healthcare and Family | 10 |
| Services that the person has paid the support delinquency in | 11 |
| full, arranged for payment of the delinquency and current | 12 |
| support obligation in a manner satisfactory to the Department | 13 |
| of Healthcare and Family Services, or complied with the | 14 |
| subpoena or warrant relating to a paternity or child support | 15 |
| proceeding.
| 16 |
| (Source: P.A. 91-613, eff. 7-1-00.)
| 17 |
| (625 ILCS 5/7-702.1)
| 18 |
| Sec. 7-702.1. Family financial responsibility driving | 19 |
| permits. | 20 |
| (a) Following
the entry of an order that an obligor has | 21 |
| been found in contempt by the court for failure to pay court | 22 |
| ordered child
support payments or upon a motion by the obligor | 23 |
| who is subject to having his
or her
driver's license suspended | 24 |
| pursuant to subsection (b) of Section 7-703, the
court may | 25 |
| enter an order directing the
Secretary of State to issue a |
|
|
|
09500HB1747ham001 |
- 20 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| family financial responsibility
driving permit for the purpose | 2 |
| of providing the obligor the
privilege of operating a motor | 3 |
| vehicle between the obligor's
residence and place of | 4 |
| employment, or within the scope of
employment related duties; | 5 |
| or for the purpose of providing
transportation for the obligor | 6 |
| or a household member to receive
alcohol treatment, other drug | 7 |
| treatment, or medical care. The
court may enter an order | 8 |
| directing the issuance of a permit only if
the obligor has | 9 |
| proven to the satisfaction of the court that no
alternative | 10 |
| means of transportation are reasonably available for
the above | 11 |
| stated purposes. No permit shall be issued to a person under | 12 |
| the
age of 16 years who possesses an instruction permit. In | 13 |
| accordance with 49 C.F.R. Part 384, the Secretary of State may | 14 |
| not issue a family financial responsibility driving permit to | 15 |
| any person for the operation of a commercial motor vehicle if | 16 |
| the person's driving privileges have been suspended under any | 17 |
| provisions of this Code.
| 18 |
| Upon entry of an order granting the issuance of a permit to | 19 |
| an
obligor, the court shall report this finding to the | 20 |
| Secretary of
State on a form prescribed by the Secretary. This | 21 |
| form shall state
whether the permit has been granted for | 22 |
| employment or medical
purposes and the specific days and hours | 23 |
| for which limited driving
privileges have been granted.
| 24 |
| The family financial responsibility driving permit shall | 25 |
| be subject
to cancellation, invalidation, suspension, and | 26 |
| revocation by the
Secretary of State in the same manner and for |
|
|
|
09500HB1747ham001 |
- 21 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| the same reasons as
a driver's license may be cancelled, | 2 |
| invalidated, suspended, or
revoked.
| 3 |
| The Secretary of State shall, upon receipt of a certified | 4 |
| court
order from the court of jurisdiction, issue a family | 5 |
| financial
responsibility driving permit. In order for this | 6 |
| permit to be
issued, an individual's driving privileges must be | 7 |
| valid except for
the family financial responsibility | 8 |
| suspension. This permit shall
be valid only for employment and | 9 |
| medical purposes as set forth
above. The permit shall state the | 10 |
| days and hours for which limited
driving privileges have been | 11 |
| granted.
| 12 |
| Any submitted court order that contains insufficient data | 13 |
| or fails
to comply with any provision of this Code shall not
be | 14 |
| used for issuance of the permit or entered to the individual's
| 15 |
| driving record but shall be returned to the court of | 16 |
| jurisdiction
indicating why the permit cannot be issued at that | 17 |
| time. The
Secretary of State shall also send notice of the | 18 |
| return of the
court order to the individual requesting the | 19 |
| permit.
| 20 |
| (b) Following certification by the Illinois Department of | 21 |
| Healthcare and Family Services that a person is 90 days or more | 22 |
| delinquent in payment of support under an order of support | 23 |
| issued by a court or administrative body of this or any other | 24 |
| State, or that a person has failed to comply with a subpoena or | 25 |
| warrant relating to a paternity or child support proceeding, | 26 |
| the Secretary of State may, upon written request of the person, |
|
|
|
09500HB1747ham001 |
- 22 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| issue a family financial responsibility driving permit for the | 2 |
| purpose of providing the person the privilege of operating a | 3 |
| motor vehicle between the person's residence and place of | 4 |
| employment, or within the scope of employment-related duties, | 5 |
| or for the purpose of providing transportation for the person | 6 |
| or a household member to receive alcohol treatment, other drug | 7 |
| treatment, or medical care. | 8 |
| The Secretary of State may issue a permit under this | 9 |
| subsection (b) only if the person has proven to the | 10 |
| satisfaction of the Secretary of State that no alternative | 11 |
| means of transportation are reasonably available for the | 12 |
| purpose stated in the preceding paragraph. | 13 |
| The permit issued by the Secretary of State shall state | 14 |
| whether the permit has been granted for employment or medical | 15 |
| purposes and the specific days and hours for which limited | 16 |
| driving privileges are allowed. | 17 |
| The family financial responsibility driving permit is | 18 |
| subject to cancellation, invalidation, suspension, and | 19 |
| revocation by the Secretary of State in the same manner and for | 20 |
| the same reasons as a driver's license may be cancelled, | 21 |
| invalidated, suspended, or revoked. | 22 |
| The Secretary of State shall adopt rules necessary to | 23 |
| implement this subsection (b). The rules shall provide the | 24 |
| opportunity for a hearing on the matter of issuance of a family | 25 |
| financial responsibility driving permit by the Secretary of | 26 |
| State. A final administrative decision of the Secretary of |
|
|
|
09500HB1747ham001 |
- 23 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| State under this subsection (b) is reviewable only under the | 2 |
| provisions of the Administrative Review Law.
| 3 |
| (Source: P.A. 94-307, eff. 9-30-05.)
| 4 |
| (625 ILCS 5/7-704)
| 5 |
| Sec. 7-704. Suspension to continue until compliance with | 6 |
| court
order of support.
| 7 |
| (a) The suspension of a driver's license shall remain in
| 8 |
| effect unless and until the Secretary of State receives
| 9 |
| authenticated documentation that the obligor is in compliance | 10 |
| with
a court order of support or that the order has
been stayed | 11 |
| by a subsequent order of the court.
Full driving privileges | 12 |
| shall not be issued by the Secretary
of State until | 13 |
| notification of compliance has been received from
the court. | 14 |
| The circuit clerks shall report the obligor's compliance
with a | 15 |
| court order of support to the Secretary of
State, on a form | 16 |
| prescribed by the Secretary.
| 17 |
| (b) Whenever, after one suspension of an individual's | 18 |
| driver's
license for failure to pay child support, another | 19 |
| order of
non-payment is entered against the obligor and the | 20 |
| person fails to
come into compliance with the court order of
| 21 |
| support, then the Secretary shall again suspend the driver's
| 22 |
| license of the individual and that suspension shall not be | 23 |
| removed
unless the obligor is in full compliance with the court | 24 |
| order of support and
has made full payment on all arrearages.
| 25 |
| (c) Section 7-704.1, and not this Section, governs the |
|
|
|
09500HB1747ham001 |
- 24 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| duration of a driver's license suspension if the suspension | 2 |
| occurs as the result of a certification by the Illinois | 3 |
| Department of Healthcare and Family Services under subsection | 4 |
| (c) of Section 7-702.
| 5 |
| (Source: P.A. 89-92, eff. 7-1-96.)
| 6 |
| (625 ILCS 5/7-704.1 new) | 7 |
| Sec. 7-704.1. Duration of driver's license suspension upon | 8 |
| certification of Department of Healthcare and Family Services. | 9 |
| When a suspension of a driver's license occurs as the result of | 10 |
| a certification by the Illinois Department of Healthcare and | 11 |
| Family Services under subsection (c) of Section 7-702, the | 12 |
| suspension shall remain in effect until the Secretary of State | 13 |
| receives notification from the Department that the person whose | 14 |
| license was suspended has paid the support delinquency in full, | 15 |
| arranged for payment of the delinquency and current support | 16 |
| obligation in a manner satisfactory to the Department, or | 17 |
| complied with the subpoena or warrant relating to a paternity | 18 |
| or child support proceeding.
| 19 |
| (625 ILCS 5/7-705)
| 20 |
| Sec. 7-705. Notice. The Secretary of State, prior to | 21 |
| suspending a
driver's license under this Chapter, shall serve | 22 |
| written
notice upon an obligor that the individual's driver's | 23 |
| license will
be suspended in 60 days from the date on the | 24 |
| notice unless (i) the
obligor satisfies the court order of |
|
|
|
09500HB1747ham001 |
- 25 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| support and the circuit clerk
notifies the Secretary of State | 2 |
| of this compliance or (ii) if the Illinois Department of | 3 |
| Healthcare and Family Services has made a certification to the | 4 |
| Secretary of State under subsection (c) of Section 7-702, the | 5 |
| Department notifies the Secretary of State that the person | 6 |
| licensed has paid the support delinquency in full, arranged for | 7 |
| payment of the delinquency and current support obligation in a | 8 |
| manner satisfactory to the Department, or complied with the | 9 |
| subpoena or warrant relating to a paternity or child support | 10 |
| proceeding .
| 11 |
| (Source: P.A. 89-92, eff. 7-1-96.)
| 12 |
| (625 ILCS 5/7-706)
| 13 |
| Sec. 7-706. Administrative hearing. A driver may contest | 14 |
| this
driver's license sanction by requesting an administrative | 15 |
| hearing
in accordance with Section 2-118 of this Code. If a | 16 |
| written
request for this hearing is received prior to the | 17 |
| effective date of
the suspension, the suspension shall be | 18 |
| stayed. If a stay of the
suspension is granted, it shall remain | 19 |
| in effect until a hearing
decision is entered. At the | 20 |
| conclusion of this hearing, the
Secretary of State may rescind | 21 |
| or impose the driver's license
suspension. If the suspension is | 22 |
| upheld, it shall become
effective 10 days from the date the | 23 |
| hearing decision is entered.
If the decision is to rescind the | 24 |
| suspension, no suspension of
driving privileges shall be | 25 |
| entered. The scope of this hearing
shall be limited to the |
|
|
|
09500HB1747ham001 |
- 26 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| following issues:
| 2 |
| (a) Whether the driver is (i) the person who owes a duty to | 3 |
| make payments under
obligor covered by the court or | 4 |
| administrative
order of support or (ii) the person required to | 5 |
| comply with the subpoena or warrant relating to a paternity or | 6 |
| child support proceeding .
| 7 |
| (b) Whether (i) the authenticated document of a court
order | 8 |
| of support indicates that the obligor is 90
days or more | 9 |
| delinquent or has been adjudicated in arrears in an
amount | 10 |
| equal to 90 days obligation or more and has been found in
| 11 |
| contempt of court for failure to pay child support or (ii) the | 12 |
| certification of the Illinois Department of Healthcare and | 13 |
| Family Services under subsection (c) or Section 7-702 indicates | 14 |
| that the person is 90 days or more delinquent in payment of | 15 |
| support under an order of support issued by a court or | 16 |
| administrative body of this or any other State or that the | 17 |
| person has failed to comply with a subpoena or warrant relating | 18 |
| to a paternity or child support proceeding .
| 19 |
| (c) Whether (i) a superseding authenticated document of any
| 20 |
| court order of support has been entered or (ii) the Illinois | 21 |
| Department of Healthcare and Family Services, in a superseding | 22 |
| notification, has informed the Secretary of State that the | 23 |
| person certified under subsection (c) of Section 7-702 has paid | 24 |
| the support delinquency in full, arranged for payment of the | 25 |
| delinquency and current support obligation in a manner | 26 |
| satisfactory to the Department, or complied with the subpoena |
|
|
|
09500HB1747ham001 |
- 27 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| or warrant relating to a paternity or child support proceeding .
| 2 |
| (Source: P.A. 89-92, eff. 7-1-96.)
| 3 |
| (625 ILCS 5/7-707)
| 4 |
| Sec. 7-707. Payment of reinstatement fee. When a person
an | 5 |
| obligor receives
notice from the Secretary of State that the | 6 |
| suspension of driving privileges
has been terminated based upon | 7 |
| (i) receipt of notification from the circuit
clerk of the | 8 |
| person's
obligor's compliance as obligor with a court order of
| 9 |
| support or (ii) receipt of notification from the Illinois | 10 |
| Department of Healthcare and Family Services that the person | 11 |
| whose driving privileges were terminated has paid the | 12 |
| delinquency in full, arranged for payment of the delinquency | 13 |
| and the current support obligation in a manner satisfactory to | 14 |
| the Department, or complied with a subpoena or warrant relating | 15 |
| to a paternity or a child support proceeding (in a case in | 16 |
| which the person's driving privileges were suspended upon a | 17 |
| certification by the Department under subsection (c) of Section | 18 |
| 7-702) , the obligor shall pay a $70 reinstatement fee to the
| 19 |
| Secretary of
State as set forth in Section 6-118 of this Code. | 20 |
| $30 of the $70 fee
shall be deposited
into the Family | 21 |
| Responsibility Fund. In accordance with subsection (e) of
| 22 |
| Section 6-115 of this Code, the Secretary of State may decline | 23 |
| to process a
renewal of a driver's license of a person who has | 24 |
| not paid this fee.
| 25 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 1-1-04.)
|
|
|
|
09500HB1747ham001 |
- 28 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| (625 ILCS 5/7-708)
| 2 |
| Sec. 7-708. Rules. The Secretary of State, using the | 3 |
| authority to license
motor vehicle operators, may adopt such | 4 |
| rules as may be necessary to establish
standards, policies, and | 5 |
| procedures for the suspension of driver's licenses for
| 6 |
| non-compliance with a court or administrative order of support | 7 |
| or a subpoena or warrant relating to a paternity or child | 8 |
| support proceeding .
| 9 |
| (Source: P.A. 89-92, eff. 7-1-96.)
| 10 |
| (625 ILCS 5/11-1430 new) | 11 |
| Sec. 11-1430. Vehicle immobilization and impoundment upon | 12 |
| certification of the Department of Healthcare and Family | 13 |
| Services. Any municipality may provide by ordinance for a | 14 |
| program of vehicle immobilization and impoundment in cases in | 15 |
| which the Department of Healthcare and Family Services has | 16 |
| certified to the municipality under Section 10-17.13 of the | 17 |
| Illinois Public Aid Code that the registered owner of a vehicle | 18 |
| owes past due support. The program shall provide for | 19 |
| immobilization of any eligible vehicle upon the public way by | 20 |
| presence of a restraint in a manner to prevent operation of the | 21 |
| vehicle and for subsequent towing and impoundment of such | 22 |
| vehicle solely upon the certification of past due support by | 23 |
| the Department of Healthcare and Family Services. Further | 24 |
| process, hearings, or redetermination of the past due support |
|
|
|
09500HB1747ham001 |
- 29 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| by the municipality shall not be required under the ordinance. | 2 |
| The ordinance shall provide that the municipality may terminate | 3 |
| immobilization and impoundment of the vehicle if the registered | 4 |
| owner has arranged for payment of past and current support | 5 |
| obligations in a manner satisfactory to the Department of | 6 |
| Healthcare and Family Services. | 7 |
| Section 25. The Income Withholding for Support Act is | 8 |
| amended by changing Section 15 as follows:
| 9 |
| (750 ILCS 28/15)
| 10 |
| Sec. 15. Definitions.
| 11 |
| (a) "Order for support" means any order of the court
which | 12 |
| provides for periodic payment of funds for the support of a | 13 |
| child
or maintenance of a spouse, whether temporary or final, | 14 |
| and includes any
such order which provides for:
| 15 |
| (1) modification or resumption of, or payment of | 16 |
| arrearage, including interest, accrued under,
a previously | 17 |
| existing order;
| 18 |
| (2) reimbursement of support;
| 19 |
| (3) payment or reimbursement of the expenses of | 20 |
| pregnancy and delivery
(for orders for support entered | 21 |
| under the Illinois Parentage Act of 1984 or its
predecessor | 22 |
| the Paternity Act); or
| 23 |
| (4) enrollment in a health insurance plan that is | 24 |
| available to the
obligor through an employer or labor union |
|
|
|
09500HB1747ham001 |
- 30 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| or trade union.
| 2 |
| (b) "Arrearage" means the total amount of unpaid support | 3 |
| obligations, including interest,
as determined by the court and | 4 |
| incorporated into an order for support.
| 5 |
| (b-5) "Business day" means a day on which State offices are | 6 |
| open for
regular business.
| 7 |
| (c) "Delinquency" means any payment, including a payment of | 8 |
| interest, under an order for support
which
becomes due and | 9 |
| remains unpaid after entry of the order for
support.
| 10 |
| (d) "Income" means any form of periodic payment to an | 11 |
| individual,
regardless of source, including, but not limited | 12 |
| to: wages, salary,
commission, compensation as an independent | 13 |
| contractor, workers'
compensation, disability, annuity, | 14 |
| pension, and retirement benefits,
lottery prize
awards, | 15 |
| insurance proceeds, vacation pay, bonuses, profit-sharing | 16 |
| payments, severance pay,
interest,
and any other payments, made | 17 |
| by any person, private entity, federal or
state government, any | 18 |
| unit of local government, school district or any
entity created | 19 |
| by Public Act; however, "income" excludes:
| 20 |
| (1) any amounts required by law to be withheld, other | 21 |
| than creditor
claims, including, but not limited to, | 22 |
| federal, State and local taxes,
Social Security and other | 23 |
| retirement and disability contributions;
| 24 |
| (2) union dues;
| 25 |
| (3) any amounts exempted by the federal Consumer Credit | 26 |
| Protection Act;
|
|
|
|
09500HB1747ham001 |
- 31 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| (4) public assistance payments; and
| 2 |
| (5) unemployment insurance benefits except as provided | 3 |
| by law.
| 4 |
| Any other State or local laws which limit or exempt income | 5 |
| or the amount
or percentage of income that can be withheld | 6 |
| shall not apply.
| 7 |
| (e) "Obligor" means the individual who owes a duty to make | 8 |
| payments under an
order for support.
| 9 |
| (f) "Obligee" means the individual to whom a duty of | 10 |
| support is owed or
the individual's legal representative.
| 11 |
| (g) "Payor" means any payor of income to an obligor.
| 12 |
| (h) "Public office" means any elected official or any State | 13 |
| or local agency
which is or may become responsible by law for | 14 |
| enforcement of, or which
is or may become authorized to | 15 |
| enforce, an order for support, including,
but not limited to: | 16 |
| the Attorney General, the Illinois Department of Healthcare and | 17 |
| Family Services
Public
Aid , the Illinois Department of Human | 18 |
| Services,
the Illinois Department of Children and Family | 19 |
| Services, and the various
State's Attorneys, Clerks of the | 20 |
| Circuit Court and supervisors of general
assistance.
| 21 |
| (i) "Premium" means the dollar amount for which the obligor | 22 |
| is liable
to his employer or labor union or trade union and | 23 |
| which must be paid to enroll
or maintain a child in a health | 24 |
| insurance plan that is available to the obligor
through an | 25 |
| employer or labor union or trade union.
| 26 |
| (j) "State Disbursement Unit" means the unit established to |
|
|
|
09500HB1747ham001 |
- 32 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| collect and
disburse support payments in accordance with the | 2 |
| provisions of Section 10-26 of
the Illinois Public Aid Code.
| 3 |
| (k) "Title IV-D Agency" means the agency of this State | 4 |
| charged by law with
the duty to administer the child support | 5 |
| enforcement program established under
Title IV, Part D of the | 6 |
| Social Security Act and Article X of the Illinois
Public Aid | 7 |
| Code.
| 8 |
| (l) "Title IV-D case" means a case in which an obligee or | 9 |
| obligor is
receiving child support enforcement services under | 10 |
| Title IV, Part D of the
Social Security Act and Article X of | 11 |
| the Illinois Public Aid Code.
| 12 |
| (m) "National Medical Support Notice" means the notice | 13 |
| required for
enforcement of orders for support providing for | 14 |
| health insurance coverage of a
child under Title IV, Part D of | 15 |
| the Social Security Act, the Employee
Retirement Income | 16 |
| Security Act of 1974, and federal regulations promulgated
under | 17 |
| those Acts.
| 18 |
| (n) "Employer" means a payor or labor union or trade union | 19 |
| with an employee
group health insurance plan and, for purposes | 20 |
| of the National Medical Support
Notice, also includes but is | 21 |
| not limited to:
| 22 |
| (1) any State or local governmental agency with a group | 23 |
| health
plan; and
| 24 |
| (2) any payor with a group health plan or "church plan" | 25 |
| covered
under the Employee Retirement Income Security Act | 26 |
| of 1974.
|
|
|
|
09500HB1747ham001 |
- 33 - |
LRB095 07292 DRJ 34961 a |
|
| 1 |
| (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
|
|