Full Text of HB6450 96th General Assembly
HB6450ham002 96TH GENERAL ASSEMBLY
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Rep. Monique D. Davis
Filed: 3/17/2010
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09600HB6450ham002 |
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LRB096 21079 AJT 39239 a |
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| AMENDMENT TO HOUSE BILL 6450
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| AMENDMENT NO. ______. Amend House Bill 6450 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| 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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LRB096 21079 AJT 39239 a |
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| 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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| 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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| 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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LRB096 21079 AJT 39239 a |
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| 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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| 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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| 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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| The Secretary of State shall, upon receipt of a certified |
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LRB096 21079 AJT 39239 a |
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| 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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| 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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| (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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LRB096 21079 AJT 39239 a |
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| 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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| 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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LRB096 21079 AJT 39239 a |
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| 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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| 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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LRB096 21079 AJT 39239 a |
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| permit. | 2 |
| (Source: P.A. 94-307, eff. 9-30-05.)".
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