Full Text of HB6450 96th General Assembly
HB6450eng 96TH GENERAL ASSEMBLY
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HB6450 Engrossed |
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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, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| 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 | 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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| 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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| 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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| (b) The Illinois Department may provide by rule for |
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LRB096 21079 AJT 36929 b |
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| directing the Secretary of State to issue family financial
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| 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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| 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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LRB096 21079 AJT 36929 b |
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| 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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LRB096 21079 AJT 36929 b |
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| 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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| 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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LRB096 21079 AJT 36929 b |
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| 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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HB6450 Engrossed |
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LRB096 21079 AJT 36929 b |
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| The family financial responsibility driving permit shall | 2 |
| be subject to cancellation, invalidation, suspension, and
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| 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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HB6450 Engrossed |
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LRB096 21079 AJT 36929 b |
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| (Source: P.A. 94-307, eff. 9-30-05.)
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