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| Public Act 096-1284 | ||||
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AN ACT concerning transportation.
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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 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 | ||||
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
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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
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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.
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(b) The Illinois Department may provide by rule for | ||||
directing the Secretary of State to issue family financial
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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.)
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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
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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
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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.)
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