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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0531eng HB0531 Engrossed LRB9100752KSgcA 1 AN ACT concerning child support, amending a named Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 7-701, 7-702, 7-702.1, and 7-703 and by 6 adding Sections 7-702.2, 7-705.1, and 7-706.1 as follows: 7 (625 ILCS 5/7-701) 8 Sec. 7-701. Findings and purpose. The General Assembly 9 finds that the timely receipt of adequate financial support 10 has the effect of reducing poverty and State expenditures for 11 welfare dependency among children, and that the timely 12 payment of adequate child support demonstrates financial 13 responsibility. Further, the General Assembly finds that the 14 State has a compelling interest in ensuring that drivers 15 within the State demonstrate financial responsibility, 16 including family financial responsibility, in order to safely 17 own and operate a motor vehicle. To this end, the Secretary 18 of State is authorized to establish systemsa systemto 19 suspend driver's licenses for failure to comply with court 20 orders of support. 21 (Source: P.A. 89-92, eff. 7-1-96.) 22 (625 ILCS 5/7-702) 23 Sec. 7-702. Suspension of driver's license for failure 24 to pay child support. 25 (a) The Secretary of State shall suspend the driver's 26 license issued to an obligor upon receiving an authenticated 27 report provided for in subsection (a) of Section 7-703, that 28 the person is 90 days or more delinquent in court ordered 29 child support payments or has been adjudicated in arrears in 30 an amount equal to 90 days obligation or more, and has been HB0531 Engrossed -2- LRB9100752KSgcA 1 found in contempt by the court for failure to pay the 2 support. 3 (b) The circuit court shall certify in an authenticated 4 report to the Secretary of State, as provided in subsection 5 (b) of Section 7-703, when an obligor is 90 days or more 6 delinquent in court ordered child support payments or has 7 been adjudicated in arrears in an amount equal to 90 days 8 obligation or more but has not been found in contempt of 9 court. Upon receiving a certification from the circuit court 10 under this subsection (b), the Secretary of State shall 11 suspend the obligor's driver's license until such time as the 12 obligor becomes current in the support obligation. 13 (Source: P.A. 89-92, eff. 7-1-96.) 14 (625 ILCS 5/7-702.1) 15 Sec. 7-702.1. Family financial responsibility driving 16 permits. Following the entry of an order that an obligor has 17 been found in contempt by the court for failure to pay court 18 ordered child support payments or upon a motion by the 19 obligor who has had his or her driver's license suspended 20 pursuant to subsection (b) of Section 7-702, the court may 21 enter an order directing the Secretary of State to issue a 22 family financial responsibility driving permit for the 23 purpose of providing the obligor the privilege of operating a 24 motor vehicle between the obligor's residence and place of 25 employment, or within the scope of employment related duties; 26 or for the purpose of providing transportation for the 27 obligor or a household member to receive alcohol treatment, 28 other drug treatment, or medical care. The court may enter 29 an order directing the issuance of a permit only if the 30 obligor has proven to the satisfaction of the court that no 31 alternative means of transportation are reasonably available 32 for the above stated purposes. No permit shall be issued to 33 a person under the age of 16 years who possesses an HB0531 Engrossed -3- LRB9100752KSgcA 1 instruction permit. 2 Upon entry of an order granting the issuance of a permit 3 to an obligor, the court shall report this finding to the 4 Secretary of State on a form prescribed by the Secretary. 5 This form shall state whether the permit has been granted for 6 employment or medical purposes and the specific days and 7 hours for which limited driving privileges have been granted. 8 The family financial responsibility driving permit shall 9 be subject to cancellation, invalidation, suspension, and 10 revocation by the Secretary of State in the same manner and 11 for the same reasons as a driver's license may be cancelled, 12 invalidated, suspended, or revoked. 13 The Secretary of State shall, upon receipt of a certified 14 court order from the court of jurisdiction, issue a family 15 financial responsibility driving permit. In order for this 16 permit to be issued, an individual's driving privileges must 17 be valid except for the family financial responsibility 18 suspension. This permit shall be valid only for employment 19 and medical purposes as set forth above. The permit shall 20 state the days and hours for which limited driving privileges 21 have been granted. 22 Any submitted court order that contains insufficient data 23 or fails to comply with any provision of this Code shall not 24 be used for issuance of the permit or entered to the 25 individual's driving record but shall be returned to the 26 court of jurisdiction indicating why the permit cannot be 27 issued at that time. The Secretary of State shall also send 28 notice of the return of the court order to the individual 29 requesting the permit. 30 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.) 31 (625 ILCS 5/7-702.2 new) 32 Sec. 7-702.2. Written agreement to pay past-due support. 33 (a) An obligor who is presently unable to pay all HB0531 Engrossed -4- LRB9100752KSgcA 1 past-due support and is subject to having his or her license 2 suspended pursuant to subsection (b) of Section 7-702 may 3 come into compliance with the court order for support by 4 executing a written payment agreement that is approved by the 5 court and by complying with that agreement. A condition of a 6 written payment agreement must be that the obligor pay the 7 current child support when due. Before a written payment 8 agreement is executed, the obligor shall: 9 (1) Disclose fully to the court in writing, on a 10 form prescribed by the court, the obligor's financial 11 circumstances, including income from all sources, assets, 12 liabilities, and work history for the past year; and 13 (2) Provide documentation to the court concerning 14 the obligor's financial circumstances, including copies 15 of the most recent State and federal income tax returns, 16 both personal and business; a copy of a recent pay stub 17 representative of a current income; and copies of other 18 records that show the obligor's income and the present 19 level of assets held by the obligor. 20 (b) After full disclosure, the court may determine the 21 obligor's ability to pay past-due support and may approve a 22 written payment agreement consistent with the obligor's 23 ability to pay, not to exceed the court-ordered support. 24 (625 ILCS 5/7-703) 25 Sec. 7-703. Courts to report non-payment of court 26 ordered support. 27 (a) The clerk of the circuit court, as provided in 28 subsection (b) of Section 7-702 of this Act and subsection 29 (b) of Section 505 of the Illinois Marriage and Dissolution 30 of Marriage Act or as provided in Section 15 of the Illinois 31 Parentage Act of 1984, shall forward to the Secretary of 32 State, on a form prescribed by the Secretary, an 33 authenticated document certifying the court's order HB0531 Engrossed -5- LRB9100752KSgcA 1 suspending the driving privileges of the obligor. For any 2 such certification, the clerk of the court shall charge the 3 obligor a fee of $5 as provided in the Clerks of Courts Act. 4 (b) If an obligor is 90 days or more delinquent in court 5 ordered child support payments or has been adjudicated in 6 arrears in an amount equal to 90 days obligation or more but 7 has not been held in contempt of court, the circuit court 8 shall forward to the Secretary of State an authenticated 9 document certifying that an obligor is 90 days or more 10 delinquent in court ordered child support payments or has 11 been adjudicated in arrears in an amount equal to 90 days 12 obligation or more. 13 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.) 14 (625 ILCS 5/7-705.1 new) 15 Sec. 7-705.1. Notice of noncompliance with support 16 order. Before forwarding to the Secretary of State the 17 authenticated report under subsection (b) of Section 7-703, 18 the circuit court must serve notice upon the obligor of its 19 intention to certify the obligor to the Secretary of State as 20 an individual who is not in compliance with an order of 21 support. The notice must inform the obligor that: 22 (a) If the obligor is presently unable to pay all 23 past-due support, the obligor may come into compliance with 24 the support order by executing a written payment agreement 25 with the court, as provided in Section 7-702.2, and by 26 complying with that agreement; 27 (b) The obligor may contest the issue of compliance at a 28 hearing; 29 (c) A request for a hearing must be made in writing and 30 must be received by the clerk of the circuit court; 31 (d) If the obligor does not request a hearing to contest 32 the issue of compliance, the obligor's driver's license shall 33 be suspended on the 45th day following the date of mailing of HB0531 Engrossed -6- LRB9100752KSgcA 1 the notice of noncompliance; 2 (e) If the circuit court certifies the obligor to the 3 Secretary of State for noncompliance with an order of 4 support, the Secretary of State must suspend any driver's 5 license or instruction permit the obligor holds and the 6 obligor's right to apply for or obtain a driver's license or 7 instruction permit until the obligor comes into compliance 8 with the order of support; 9 (f) If the obligor files a motion to modify support with 10 the court or requests the court to modify a support 11 obligation, the circuit court shall stay action to certify 12 the obligor to the Secretary of State for noncompliance with 13 an order of support; and 14 (g) The obligor may comply with an order of support by 15 doing all of the following: 16 (1) Paying the current support; 17 (2) Paying all past-due support or, if unable to 18 pay all past-due support and a periodic payment for past 19 due support has not been ordered by the court, by making 20 periodic payments in accordance with a written payment 21 agreement approved by the court; and 22 (3) Meeting the obligor's health insurance 23 obligation. 24 The notice must include the address and telephone number 25 of the clerk of the circuit court. The clerk of the circuit 26 court shall attach a copy of the obligor's order of support 27 to the notice. The notice must be served by certified mail, 28 return receipt requested, by service in hand, or as specified 29 in the Code of Civil Procedure. 30 (625 ILCS 5/7-706.1 new) 31 Sec. 7-706.1. Hearing for compliance with support order. 32 (a) An obligor may request in writing to the clerk of 33 the circuit court a hearing to contest the claim of HB0531 Engrossed -7- LRB9100752KSgcA 1 noncompliance with an order of support and his or her 2 subsequent driver's license suspension under subsection (b) 3 of Section 7-702. 4 (b) If a written request for a hearing is received by 5 the clerk of the circuit court, the clerk of the circuit 6 court shall set the hearing before the circuit court. 7 (c) Upon the obligor's written request, the court must 8 set a date for a hearing and afford the obligor an 9 opportunity for a hearing as early as practical. 10 (d) The scope of this hearing is limited to the 11 following issues: 12 (1) Whether the obligor is required to pay child 13 support under an order of support. 14 (2) Whether the obligor is 90 days or more 15 delinquent in court ordered child support payments or has 16 been adjudicated in arrears in an amount equal to 90 days 17 obligation or more. 18 (3) Any additional issues raised by the obligor, 19 including the reasonableness of a payment agreement in 20 light of the obligor's current financial circumstances, 21 to be preserved for appeal. 22 (e) All hearings and hearing procedures shall comply 23 with requirements of the Illinois Constitution and the United 24 States Constitution, so that no person is deprived of due 25 process of law nor denied equal protection of the laws. All 26 hearings shall be held before a judge of the circuit court in 27 the county in which the support order has been entered. 28 Appropriate records of the hearings shall be kept. Where a 29 transcript of the hearing is taken, the person requesting the 30 hearing shall have the opportunity to order a copy of the 31 transcript at his or her own expense. 32 (f) The action of the circuit court resulting in the 33 suspension of any driver's license shall be a final judgment 34 for purposes of appellate review.