SB 1035 — CIVIL LAW-TECH

SB1035 EngrossedEnrolled LRB095 05929 AJO 26021 b AN ACT concerning civil law.

The Illinois Department may provide by rule for certification to any State licensing agency SB1035 EngrossedEnrolled - 2 - LRB095 05929 AJO 26021 b 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.

SB1035 EngrossedEnrolled - 3 - LRB095 05929 AJO 26021 b 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.

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 SB1035 EngrossedEnrolled - 4 - LRB095 05929 AJO 26021 b 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;

To any person, as a driver, who is a user of alcohol SB1035 EngrossedEnrolled - 5 - LRB095 05929 AJO 26021 b or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;

To any person, as a driver, who is 69 years of age SB1035 EngrossedEnrolled - 6 - LRB095 05929 AJO 26021 b or older, unless the person has successfully complied with the provisions of Section 6-109;

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 SB1035 EngrossedEnrolled - 7 - LRB095 05929 AJO 26021 b clerk of the court to report the violation to the Secretary of State as such.

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 SB1035 EngrossedEnrolled - 8 - LRB095 05929 AJO 26021 b 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;

SB1035 EngrossedEnrolled - 9 - LRB095 05929 AJO 26021 b 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.

A judgment order for the support of SB1035 EngrossedEnrolled - 10 - LRB095 05929 AJO 26021 b dependent children issued by a court of this State, including a judgment of dissolution of marriage.

The individual who owes a duty to make payments SB1035 EngrossedEnrolled - 11 - LRB095 05929 AJO 26021 b under a court order of support.

(a) The Secretary of State shall suspend the driver’s SB1035 EngrossedEnrolled - 12 - LRB095 05929 AJO 26021 b 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.

(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 SB1035 EngrossedEnrolled - 13 - LRB095 05929 AJO 26021 b 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.

(b) Whenever, after one suspension of an individual’s driver’s license for failure to pay child support, another SB1035 EngrossedEnrolled - 14 - LRB095 05929 AJO 26021 b 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.

(b) Whenever, after one suspension of an individual’s SB1035 EngrossedEnrolled - 15 - LRB095 05929 AJO 26021 b 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.

A driver may contest SB1035 EngrossedEnrolled - 16 - LRB095 05929 AJO 26021 b this driver’s license sanction by requesting an administrative hearing in accordance with Section 2-118 of this Code.

SB1035 EngrossedEnrolled - 17 - LRB095 05929 AJO 26021 b (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.

$30 of the $70 fee SB1035 EngrossedEnrolled - 18 - LRB095 05929 AJO 26021 b shall be deposited into the Family Responsibility Fund.

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 SB1035 EngrossedEnrolled - 19 - LRB095 05929 AJO 26021 b vehicle solely upon the certification of past due support by the Department of Healthcare and Family Services.

(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 SB1035 EngrossedEnrolled - 20 - LRB095 05929 AJO 26021 b the Paternity Act);

SB1035 EngrossedEnrolled - 21 - LRB095 05929 AJO 26021 b (2) union dues;

(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 SB1035 EngrossedEnrolled - 22 - LRB095 05929 AJO 26021 b insurance plan that is available to the obligor through an employer or labor union or trade union.

and SB1035 EngrossedEnrolled - 23 - LRB095 05929 AJO 26021 b (2) any payor with a group health plan or "church plan" covered under the Employee Retirement Income Security Act of 1974.