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| Public Act 095-0685 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by | ||||
changing Section 10-17.6 and by adding Sections 10-9.5 and | ||||
10-17.13 as follows: | ||||
(305 ILCS 5/10-9.5 new) | ||||
Sec. 10-9.5. Access to records. In any hearing, case, | ||||
appeal, or other matter arising out of the provisions | ||||
concerning the determination and enforcement of the support | ||||
responsibility of relatives, an obligor or obligee, or their | ||||
legal representatives, shall be entitled to review any case | ||||
records in the possession of the Illinois Department of | ||||
Healthcare and Family Services, the State Disbursement Unit, or | ||||
a circuit clerk with regard to that obligor or obligee that are | ||||
able to prove any matter relevant to the hearing, case, appeal, | ||||
or other matter if access to the record or portion of the | ||||
record is authorized by 42 U.S.C. 654.
| ||||
(305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
| ||||
Sec. 10-17.6. Certification of
Past Due Support
| ||||
Information to Licensing Agencies. The
Illinois Department may | ||||
provide by rule for certification to any State
licensing agency | ||||
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.
| ||
(Source: P.A. 87-412.)
| ||
(305 ILCS 5/10-17.13 new) | ||
Sec. 10-17.13. Vehicle immobilization and impoundment. The | ||
Illinois Department may provide by rule for certification to | ||
municipalities of 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. The purpose of certification | ||
shall be to effect collection of past due support by | ||
immobilization and impoundment of vehicles registered to | ||
responsible relatives pursuant to ordinances established by | ||
such municipalities under Section 11-1430 of the Illinois | ||
Vehicle Code. | ||
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. A responsible relative may avoid certification to a | ||
municipality for vehicle immobilization or arrange for | ||
discontinuance of vehicle immobilization and impoundment | ||
already engaged by payment of past due support or by entering | ||
into a plan for payment of past and current child support | ||
obligations in a manner satisfactory to the Illinois | ||
Department. | ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Sections 6-103, 7-100, 7-701, 7-702, 7-704, 7-705, | ||
7-706, 7-707, and 7-708 and by adding Sections 7-704.1 and | ||
11-1430 as follows:
| ||
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||
Sec. 6-103. What persons shall not be licensed as drivers | ||
or granted
permits. The Secretary of State shall not issue, | ||
renew, or
allow the retention of any driver's
license nor issue | ||
any permit under this Code:
| ||
1. To any person, as a driver, who is under the age of | ||
18 years except
as provided in Section 6-107, and except | ||
that an instruction permit may be
issued under Section | ||
6-107.1 to a child who
is not less than 15 years of age if | ||
the child is enrolled in an approved
driver education | ||
course as defined in Section 1-103 of this Code and
| ||
requires an instruction permit to participate therein, | ||
except that an
instruction permit may be issued under the | ||
provisions of Section 6-107.1
to a child who is 17 years | ||
and 9 months of age without the child having
enrolled in an
| ||
approved driver education course and except that an
| ||
instruction permit may be issued to a child who is at least | ||
15 years and 6
months of age, is enrolled in school, meets | ||
the educational requirements of
the Driver Education Act, | ||
and has passed examinations the Secretary of State in
his | ||
or her discretion may prescribe;
| ||
2. To any person who is under the age of 18 as an | ||
operator of a motorcycle
other than a motor driven cycle | ||
unless the person has, in addition to
meeting the | ||
provisions of Section 6-107 of this Code, successfully
| ||
completed a motorcycle
training course approved by the | ||
Illinois Department of Transportation and
successfully | ||
completes the required Secretary of State's motorcycle | ||
driver's
examination;
| ||
3. To any person, as a driver, whose driver's license | ||
or permit has been
suspended, during the suspension, nor to | ||
any person whose driver's license or
permit has been | ||
revoked, except as provided in Sections 6-205, 6-206, and
| ||
6-208;
| ||
4. To any person, as a driver, who is a user of alcohol | ||
or any other
drug to a degree that renders the person | ||
incapable of safely driving a motor
vehicle;
| ||
5. To any person, as a driver, who has previously been | ||
adjudged to be
afflicted with or suffering from any mental | ||
or physical disability or disease
and who has not at the | ||
time of application been restored to competency by the
| ||
methods provided by law;
| ||
6. To any person, as a driver, who is required by the | ||
Secretary of State
to submit an alcohol and drug evaluation | ||
or take an examination provided
for in this Code unless the | ||
person has
successfully passed the examination and | ||
submitted any required evaluation;
| ||
7. To any person who is required under the provisions | ||
of the laws of
this State to deposit security or proof of | ||
financial responsibility and who
has not deposited the | ||
security or proof;
| ||
8. To any person when the Secretary of State has good | ||
cause to believe
that the person by reason of physical or | ||
mental disability would not be
able to safely operate a | ||
motor vehicle upon the highways, unless the
person shall | ||
furnish to the Secretary of State a verified written
| ||
statement, acceptable to the Secretary of State, from a | ||
competent medical
specialist to the effect that the | ||
operation of a motor vehicle by the
person would not be | ||
inimical to the public safety;
| ||
9. To any person, as a driver, who is 69 years of age | ||
or older, unless
the person has successfully complied with | ||
the provisions of Section 6-109;
| ||
10. To any person convicted, within 12 months of | ||
application for a
license, of any of the sexual offenses | ||
enumerated in paragraph 2 of subsection
(b) of Section | ||
6-205;
| ||
11. To any person who is under the age of 21 years with | ||
a classification
prohibited in paragraph (b) of Section | ||
6-104 and to any person who is under
the age of 18 years | ||
with a classification prohibited in paragraph (c) of
| ||
Section 6-104;
| ||
12. To any person who has been either convicted of or | ||
adjudicated under
the Juvenile Court Act of 1987 based upon | ||
a violation of the Cannabis Control
Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act while that person was in | ||
actual
physical control of a motor vehicle. For purposes of | ||
this Section, any person
placed on probation under Section | ||
10 of the Cannabis Control Act, Section 410
of the Illinois | ||
Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act shall | ||
not be considered convicted.
Any person found guilty of | ||
this offense, while in actual physical control of a
motor | ||
vehicle, shall have an entry made in the court record by | ||
the judge that
this offense did occur while the person was | ||
in actual physical control of a
motor vehicle and order the | ||
clerk of the court to report the violation to the
Secretary | ||
of State as such. The Secretary of State shall not issue a | ||
new
license or permit for a period of one year;
| ||
13. To any person who is under the age of 18 years and | ||
who has committed
the offense
of operating a motor vehicle | ||
without a valid license or permit in violation of
Section | ||
6-101;
| ||
14. To any person who is
90 days or more
delinquent in | ||
court ordered child support
payments or has been | ||
adjudicated in arrears
in an amount equal to 90 days' | ||
obligation or more
and who has been found in contempt
of
| ||
court for failure to pay the support, subject to the | ||
requirements and
procedures of Article VII of Chapter 7 of
| ||
the Illinois Vehicle Code;
| ||
14.5. To any person certified by the Illinois | ||
Department of Healthcare and Family Services as being 90 | ||
days or more delinquent in payment of support under an | ||
order of support entered by a court or administrative body | ||
of this or any other State, subject to the requirements and | ||
procedures of Article VII of Chapter 7 of this Code | ||
regarding those certifications;
| ||
15. To any person released from a term of imprisonment | ||
for violating
Section 9-3 of the Criminal Code of 1961 or a | ||
similar provision of a law of another state relating to | ||
reckless homicide or for violating subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of this | ||
Code relating to aggravated driving under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof, if the violation was | ||
the proximate cause of a death, within
24 months of release | ||
from a term of imprisonment;
| ||
16. To any person who, with intent to influence any act | ||
related to the issuance of any driver's license or permit, | ||
by an employee of the Secretary of State's Office, or the | ||
owner or employee of any commercial driver training school | ||
licensed by the Secretary of State, or any other individual | ||
authorized by the laws of this State to give driving | ||
instructions or administer all or part of a driver's | ||
license examination, promises or tenders to that person any | ||
property or personal advantage which that person is not | ||
authorized by law to accept. Any persons promising or | ||
tendering such property or personal advantage shall be | ||
disqualified from holding any class of driver's license or | ||
permit for 120 consecutive days. The Secretary of State | ||
shall establish by rule the procedures for implementing | ||
this period of disqualification and the procedures by which | ||
persons so disqualified may obtain administrative review | ||
of the decision to disqualify; or
| ||
17. To any person for whom the Secretary of State | ||
cannot verify the
accuracy of any information or | ||
documentation submitted in application for a
driver's | ||
license. | ||
The Secretary of State shall retain all conviction
| ||
information, if the information is required to be held | ||
confidential under
the Juvenile Court Act of 1987.
| ||
(Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783, | ||
eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556, | ||
eff. 9-11-05.)
| ||
(625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
| ||
Sec. 7-100. Definition of words and phrases. | ||
Notwithstanding the definitions
set forth in Chapter 1, for the | ||
purposes of this Chapter,
the following words shall have the | ||
following meanings ascribed to them:
| ||
Administrative order of support. An order for the support | ||
of dependent children issued by an administrative body of this | ||
or any other State.
| ||
Administrator. The Department of Transportation.
| ||
Arrearage. The total amount of unpaid support obligations.
| ||
Authenticated document. A document from a court which | ||
contains a court
stamp, showing it is filed with the court, or | ||
notarized, or is certified by
the custodian of the original.
| ||
Compliance with a court order of support. The support
| ||
obligor is no more than an amount equal to 90 days obligation | ||
in arrears in
making payments in full for current support, or | ||
in making periodic payments on
a support arrearage as | ||
determined by a court.
| ||
Court order of support. A judgment order for the
support of | ||
dependent children issued by a court of this State, including
a | ||
judgment of dissolution of marriage. With regard to a | ||
certification by the Department of Healthcare and Family | ||
Services under subsection (c) of Section 7-702, the term "court | ||
order of support" shall include an order of support entered by | ||
a court of this or any other State.
| ||
Driver's license. A license or permit to operate a motor | ||
vehicle in the
State, including the privilege of a person to | ||
drive a motor vehicle whether or
not the person holds a valid | ||
license or permit.
| ||
Family financial responsibility driving permit. A permit | ||
granting
limited driving privileges for employment or medical | ||
purposes
following a suspension of driving privileges under the | ||
Family
Financial Responsibility Law. This permit is valid only | ||
after the
entry of a court order granting the permit and | ||
issuance of the
permit by the Secretary of State's Office. An | ||
individual's driving
privileges must be valid except for the | ||
family financial
responsibility suspension in order for this | ||
permit to be issued.
In order to be valid, the permit must be | ||
in the immediate
possession of the driver to whom it is issued.
| ||
Judgment. A final judgment of any court of competent | ||
jurisdiction of any
State, against a person as defendant for | ||
damages on account of bodily
injury to or death of any person | ||
or damages to property resulting from the
operation of any | ||
motor vehicle.
| ||
Obligor. The individual who owes a duty to make payments | ||
under a court
order of support.
| ||
Obligee. The individual or other legal entity to whom a | ||
duty of support is
owed through a court order of support or the | ||
individual's
legal
representatives.
| ||
(Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
| ||
(625 ILCS 5/7-701)
| ||
Sec. 7-701. Findings and purpose. The General Assembly | ||
finds that
the timely receipt of adequate financial support has | ||
the effect of reducing
poverty and State expenditures for | ||
welfare dependency among children, and that
the timely payment | ||
of adequate child support demonstrates financial
| ||
responsibility. Further, the General Assembly finds that the | ||
State has a
compelling interest in ensuring that drivers within | ||
the State demonstrate
financial responsibility, including | ||
family financial responsibility, in order
to safely own and | ||
operate a motor vehicle. To this end, the
Secretary of State
is | ||
authorized to establish systems to suspend
driver's licenses | ||
for failure to
comply with court and administrative orders of | ||
support.
| ||
(Source: P.A. 91-613, eff. 7-1-00.)
| ||
(625 ILCS 5/7-702)
| ||
Sec. 7-702. Suspension of driver's license for failure to | ||
comply with order to
pay child
support.
| ||
(a) The Secretary of State shall suspend the driver's | ||
license
issued to an obligor upon receiving an authenticated | ||
report
provided for in subsection (a) of Section 7-703, that | ||
the person is 90
days or more delinquent in court ordered child
| ||
support payments or has been adjudicated in arrears in an | ||
amount
equal to 90 days obligation or more, and has been found | ||
in contempt by
the court for failure to pay the support.
| ||
(b) The Secretary of State shall suspend the driver's | ||
license issued to an
obligor upon receiving an authenticated | ||
document provided for in subsection (b)
of Section 7-703, that | ||
the person has been adjudicated in arrears in court
ordered | ||
child support payments in an amount equal to 90 days obligation | ||
or
more,
but has not been held in contempt of court, and that | ||
the court has ordered that
the person's driving privileges be | ||
suspended. The obligor's driver's license
shall be suspended | ||
until such time as the Secretary of State receives
| ||
authenticated documentation that the obligor is in compliance | ||
with the court
order of support. When the obligor complies with | ||
the court ordered child
support
payments, the circuit court | ||
shall report the obligor's compliance with the
court order of | ||
support to the Secretary of State, on a form prescribed by the
| ||
Secretary of State, and shall order that the obligor's driver's | ||
license be
reinstated.
| ||
(c) The Secretary of State shall suspend a driver's license | ||
upon certification by the Illinois Department of Healthcare and | ||
Family Services, in a manner and form prescribed by the | ||
Illinois Secretary of State, that the person licensed is 90 | ||
days or more delinquent in payment of support under an order of | ||
support issued by a court or administrative body of this or any | ||
other State. The Secretary of State may reinstate the person's | ||
driver's license if notified by the Department of Healthcare | ||
and Family Services that the person has paid the support | ||
delinquency in full or has arranged for payment of the | ||
delinquency and current support obligation in a manner | ||
satisfactory to the Department of Healthcare and Family | ||
Services.
| ||
(Source: P.A. 91-613, eff. 7-1-00.)
| ||
(625 ILCS 5/7-704)
| ||
Sec. 7-704. Suspension to continue until compliance with | ||
court
order of support.
| ||
(a) The suspension of a driver's license shall remain in
| ||
effect unless and until the Secretary of State receives
| ||
authenticated documentation that the obligor is in compliance | ||
with
a court order of support or that the order has
been stayed | ||
by a subsequent order of the court.
Full driving privileges | ||
shall not be issued by the Secretary
of State until | ||
notification of compliance has been received from
the court. | ||
The circuit clerks shall report the obligor's compliance
with a | ||
court order of support to the Secretary of
State, on a form | ||
prescribed by the Secretary.
| ||
(b) Whenever, after one suspension of an individual's | ||
driver's
license for failure to pay child support, another | ||
order of
non-payment is entered against the obligor and the | ||
person fails to
come into compliance with the court order of
| ||
support, then the Secretary shall again suspend the driver's
| ||
license of the individual and that suspension shall not be | ||
removed
unless the obligor is in full compliance with the court | ||
order of support and
has made full payment on all arrearages.
| ||
(c) Section 7-704.1, and not this Section, governs the | ||
duration of a driver's license suspension if the suspension | ||
occurs as the result of a certification by the Illinois | ||
Department of Healthcare and Family Services under subsection | ||
(c) of Section 7-702.
| ||
(Source: P.A. 89-92, eff. 7-1-96.)
| ||
(625 ILCS 5/7-704.1 new) | ||
Sec. 7-704.1. Duration of driver's license suspension upon | ||
certification of Department of Healthcare and Family Services. | ||
(a) When a suspension of a driver's license occurs as the | ||
result of a certification by the Illinois Department of | ||
Healthcare and Family Services under subsection (c) of Section | ||
7-702, the suspension shall remain in effect until the | ||
Secretary of State receives notification from the Department | ||
that the person whose license was suspended has paid the | ||
support delinquency in full or has arranged for payment of the | ||
delinquency and current support obligation in a manner | ||
satisfactory to the Department. | ||
(b) Whenever, after one suspension of an individual's | ||
driver's license based on certification of the Department of | ||
Healthcare and Family Services, another certification is | ||
received from the Department of Healthcare and Family Services, | ||
the Secretary shall again suspend the driver's license of that | ||
individual and that suspension shall not be removed unless the | ||
obligor is in full compliance with the order of support and has | ||
made full payment on all arrearages.
| ||
(625 ILCS 5/7-705)
| ||
Sec. 7-705. Notice. The Secretary of State, prior to | ||
suspending a
driver's license under this Chapter, shall serve | ||
written
notice upon an obligor that the individual's driver's | ||
license will
be suspended in 60 days from the date on the | ||
notice unless (i) the
obligor satisfies the court order of | ||
support and the circuit clerk
notifies the Secretary of State | ||
of this compliance or (ii) if the Illinois Department of | ||
Healthcare and Family Services has made a certification to the | ||
Secretary of State under subsection (c) of Section 7-702, the | ||
Department notifies the Secretary of State that the person | ||
licensed has paid the support delinquency in full or has | ||
arranged for payment of the delinquency and current support | ||
obligation in a manner satisfactory to the Department.
| ||
(Source: P.A. 89-92, eff. 7-1-96.)
| ||
(625 ILCS 5/7-706)
| ||
Sec. 7-706. Administrative hearing. A driver may contest | ||
this
driver's license sanction by requesting an administrative | ||
hearing
in accordance with Section 2-118 of this Code. If a | ||
written
request for this hearing is received prior to the | ||
effective date of
the suspension, the suspension shall be | ||
stayed. If a stay of the
suspension is granted, it shall remain | ||
in effect until a hearing
decision is entered. At the | ||
conclusion of this hearing, the
Secretary of State may rescind | ||
or impose the driver's license
suspension. If the suspension is | ||
upheld, it shall become
effective 10 days from the date the | ||
hearing decision is entered.
If the decision is to rescind the | ||
suspension, no suspension of
driving privileges shall be | ||
entered. The scope of this hearing
shall be limited to the | ||
following issues:
| ||
(a) Whether the driver is the person who owes a duty to | ||
make payments under
obligor covered by the court or | ||
administrative
order of support.
| ||
(b) Whether (i) the authenticated document of a court
order | ||
of support indicates that the obligor is 90
days or more | ||
delinquent or has been adjudicated in arrears in an
amount | ||
equal to 90 days obligation or more and has been found in
| ||
contempt of court for failure to pay child support or (ii) the | ||
certification of the Illinois Department of Healthcare and | ||
Family Services under subsection (c) of Section 7-702 indicates | ||
that the person is 90 days or more delinquent in payment of | ||
support under an order of support issued by a court or | ||
administrative body of this or any other State.
| ||
(c) Whether (i) a superseding authenticated document of any
| ||
court order of support has been entered or (ii) the Illinois | ||
Department of Healthcare and Family Services, in a superseding | ||
notification, has informed the Secretary of State that the | ||
person certified under subsection (c) of Section 7-702 has paid | ||
the support delinquency in full or has arranged for payment of | ||
the delinquency and current support obligation in a manner | ||
satisfactory to the Department.
| ||
(Source: P.A. 89-92, eff. 7-1-96.)
| ||
(625 ILCS 5/7-707)
| ||
Sec. 7-707. Payment of reinstatement fee. When a person
an | ||
obligor receives
notice from the Secretary of State that the | ||
suspension of driving privileges
has been terminated based upon | ||
(i) receipt of notification from the circuit
clerk of the | ||
person's
obligor's compliance as obligor with a court order of
| ||
support or (ii) receipt of notification from the Illinois | ||
Department of Healthcare and Family Services that the person | ||
whose driving privileges were terminated has paid the | ||
delinquency in full or has arranged for payment of the | ||
delinquency and the current support obligation in a manner | ||
satisfactory to the Department (in a case in which the person's | ||
driving privileges were suspended upon a certification by the | ||
Department under subsection (c) of Section 7-702), the obligor | ||
shall pay a $70 reinstatement fee to the
Secretary of
State as | ||
set forth in Section 6-118 of this Code. $30 of the $70 fee
| ||
shall be deposited
into the Family Responsibility Fund. In | ||
accordance with subsection (e) of
Section 6-115 of this Code, | ||
the Secretary of State may decline to process a
renewal of a | ||
driver's license of a person who has not paid this fee.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 1-1-04.)
| ||
(625 ILCS 5/7-708)
| ||
Sec. 7-708. Rules. The Secretary of State, using the | ||
authority to license
motor vehicle operators, may adopt such | ||
rules as may be necessary to establish
standards, policies, and | ||
procedures for the suspension of driver's licenses for
| ||
non-compliance with a court or administrative order of support.
| ||
(Source: P.A. 89-92, eff. 7-1-96.)
| ||
(625 ILCS 5/11-1430 new) | ||
Sec. 11-1430. Vehicle immobilization and impoundment upon | ||
certification of the Department of Healthcare and Family | ||
Services. Any municipality may provide by ordinance for a | ||
program of vehicle immobilization and impoundment in cases in | ||
which the Department of Healthcare and Family Services has | ||
certified to the municipality under Section 10-17.13 of the | ||
Illinois Public Aid Code that the registered owner of a vehicle | ||
owes past due support. The program shall provide for | ||
immobilization of any eligible vehicle upon the public way by | ||
presence of a restraint in a manner to prevent operation of the | ||
vehicle and for subsequent towing and impoundment of such | ||
vehicle solely upon the certification of past due support by | ||
the Department of Healthcare and Family Services. Further | ||
process, hearings, or redetermination of the past due support | ||
by the municipality shall not be required under the ordinance. | ||
The ordinance shall provide that the municipality may terminate | ||
immobilization and impoundment of the vehicle if the registered | ||
owner has arranged for payment of past and current support | ||
obligations in a manner satisfactory to the Department of | ||
Healthcare and Family Services. | ||
Section 15. The Income Withholding for Support Act is | ||
amended by changing Section 15 as follows:
| ||
(750 ILCS 28/15)
| ||
Sec. 15. Definitions.
| ||
(a) "Order for support" means any order of the court
which | ||
provides for periodic payment of funds for the support of a | ||
child
or maintenance of a spouse, whether temporary or final, | ||
and includes any
such order which provides for:
| ||
(1) modification or resumption of, or payment of | ||
arrearage, including interest, accrued under,
a previously | ||
existing order;
| ||
(2) reimbursement of support;
| ||
(3) payment or reimbursement of the expenses of | ||
pregnancy and delivery
(for orders for support entered | ||
under the Illinois Parentage Act of 1984 or its
predecessor | ||
the Paternity Act); or
| ||
(4) enrollment in a health insurance plan that is | ||
available to the
obligor through an employer or labor union | ||
or trade union.
| ||
(b) "Arrearage" means the total amount of unpaid support | ||
obligations, including interest,
as determined by the court and | ||
incorporated into an order for support.
| ||
(b-5) "Business day" means a day on which State offices are | ||
open for
regular business.
| ||
(c) "Delinquency" means any payment, including a payment of | ||
interest, under an order for support
which
becomes due and | ||
remains unpaid after entry of the order for
support.
| ||
(d) "Income" means any form of periodic payment to an | ||
individual,
regardless of source, including, but not limited | ||
to: wages, salary,
commission, compensation as an independent | ||
contractor, workers'
compensation, disability, annuity, | ||
pension, and retirement benefits,
lottery prize
awards, | ||
insurance proceeds, vacation pay, bonuses, profit-sharing | ||
payments, severance pay,
interest,
and any other payments, made | ||
by any person, private entity, federal or
state government, any | ||
unit of local government, school district or any
entity created | ||
by Public Act; however, "income" excludes:
| ||
(1) any amounts required by law to be withheld, other | ||
than creditor
claims, including, but not limited to, | ||
federal, State and local taxes,
Social Security and other | ||
retirement and disability contributions;
| ||
(2) union dues;
| ||
(3) any amounts exempted by the federal Consumer Credit | ||
Protection Act;
| ||
(4) public assistance payments; and
| ||
(5) unemployment insurance benefits except as provided | ||
by law.
| ||
Any other State or local laws which limit or exempt income | ||
or the amount
or percentage of income that can be withheld | ||
shall not apply.
| ||
(e) "Obligor" means the individual who owes a duty to make | ||
payments under an
order for support.
| ||
(f) "Obligee" means the individual to whom a duty of | ||
support is owed or
the individual's legal representative.
| ||
(g) "Payor" means any payor of income to an obligor.
| ||
(h) "Public office" means any elected official or any State | ||
or local agency
which is or may become responsible by law for | ||
enforcement of, or which
is or may become authorized to | ||
enforce, an order for support, including,
but not limited to: | ||
the Attorney General, the Illinois Department of Healthcare and | ||
Family Services
Public
Aid, the Illinois Department of Human | ||
Services,
the Illinois Department of Children and Family | ||
Services, and the various
State's Attorneys, Clerks of the | ||
Circuit Court and supervisors of general
assistance.
| ||
(i) "Premium" means the dollar amount for which the obligor | ||
is liable
to his employer or labor union or trade union and | ||
which must be paid to enroll
or maintain a child in a health | ||
insurance plan that is available to the obligor
through an | ||
employer or labor union or trade union.
| ||
(j) "State Disbursement Unit" means the unit established to | ||
collect and
disburse support payments in accordance with the | ||
provisions of Section 10-26 of
the Illinois Public Aid Code.
| ||
(k) "Title IV-D Agency" means the agency of this State | ||
charged by law with
the duty to administer the child support | ||
enforcement program established under
Title IV, Part D of the | ||
Social Security Act and Article X of the Illinois
Public Aid | ||
Code.
| ||
(l) "Title IV-D case" means a case in which an obligee or | ||
obligor is
receiving child support enforcement services under | ||
Title IV, Part D of the
Social Security Act and Article X of | ||
the Illinois Public Aid Code.
| ||
(m) "National Medical Support Notice" means the notice | ||
required for
enforcement of orders for support providing for | ||
health insurance coverage of a
child under Title IV, Part D of | ||
the Social Security Act, the Employee
Retirement Income | ||
Security Act of 1974, and federal regulations promulgated
under | ||
those Acts.
| ||
(n) "Employer" means a payor or labor union or trade union | ||
with an employee
group health insurance plan and, for purposes | ||
of the National Medical Support
Notice, also includes but is | ||
not limited to:
| ||
(1) any State or local governmental agency with a group | ||
health
plan; and
| ||
(2) any payor with a group health plan or "church plan" | ||
covered
under the Employee Retirement Income Security Act | ||
of 1974.
| ||
(Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||