Public Act 096-1284
 
HB6450 EnrolledLRB096 21079 AJT 36929 b

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

Effective Date: 1/1/2011