(625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
Sec. 7-601. Required liability insurance policy.
(a) No person shall operate, register or maintain registration of, and no
owner shall permit another person to operate, register or maintain registration
of, a motor vehicle designed to be used on a public highway in this State unless the motor
vehicle is covered by a liability insurance policy.
The insurance policy shall be issued in amounts no less than the minimum
amounts set for bodily injury or death and for destruction of property under
Section 7-203 of this Code, and shall be issued in accordance with the
requirements of Sections 143a and 143a-2 of the Illinois Insurance Code, as
amended. No insurer other than an insurer authorized to do business in this
State shall issue a policy pursuant to this Section for any vehicle subject to
registration under this Code. Nothing herein shall deprive an insurer of any
policy defense available at common law.
(b) The following vehicles are exempt from the requirements of this Section:
(1) vehicles subject to the provisions of Chapters 8 |
| or 18a, Article III or Section 7-609 of Chapter 7, or Sections 12-606 or 12-707.01 of Chapter 12 of this Code;
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(2) vehicles required to file proof of liability
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| insurance with the Illinois Commerce Commission;
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(3) vehicles covered by a certificate of
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| self-insurance under Section 7-502 of this Code;
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(4) vehicles owned by the United States, the State of
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| Illinois, or any political subdivision, municipality or local mass transit district;
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(5) implements of husbandry;
(6) other vehicles complying with laws which require
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| them to be insured in amounts meeting or exceeding the minimum amounts required under this Section; and
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(7) inoperable or stored vehicles that are not
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| operated, as defined by rules and regulations of the Secretary.
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(c) Every employee of a State agency, as that term is defined in the
Illinois State Auditing Act,
who is assigned a
specific vehicle owned or leased by the State on an ongoing basis shall provide
the certification described in this Section annually to the director or chief
executive officer of his or her agency.
The certification shall affirm that the employee is duly licensed to
drive the assigned vehicle and that (i) the employee has liability insurance
coverage extending to the employee when the assigned vehicle is used for other
than official State business, or (ii) the employee has filed
a bond with the Secretary of State as proof of financial responsibility, in an
amount equal to, or in excess of the requirements stated within this Section.
Upon request of the agency director or chief executive officer, the employee
shall present evidence to
support
the certification.
The certification shall be provided during the period July 1 through July
31 of each calendar year, or within 30 days of any new assignment of a vehicle
on
an ongoing basis, whichever is later.
The employee's authorization to use the assigned vehicle shall
automatically
be rescinded upon:
(1) the revocation or suspension of the license
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| required to drive the assigned vehicle;
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(2) the cancellation or termination for any reason of
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| the automobile liability insurance coverage as required in item (c)(i); or
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(3) the termination of the bond filed with the
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All State employees providing the required certification shall immediately
notify the agency director or chief executive officer in the event any of these
actions occur.
All peace
officers employed by a State agency who are primarily responsible for
prevention and detection of crime and the enforcement of the criminal, traffic,
or
highway laws of this State, and prohibited by agency rule or policy to use an
assigned vehicle owned or leased by the State for regular personal or off-duty
use, are exempt from the requirements of this Section.
(d) No person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy. The operator of the vehicle shall carry within the vehicle evidence of the insurance.
(Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19 .)
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(625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
Sec. 7-602. Insurance card. Every operator of a motor vehicle subject
to Section 7-601 of this Code shall carry within the vehicle evidence of
insurance. The evidence shall be legible and sufficient to demonstrate
that the motor vehicle currently is covered by a liability insurance policy
as required under Section 7-601 of this Code and may include, but is not
limited to, the following:
(a) an insurance card provided by the insurer under |
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(b) the combination of proof of purchase of the motor
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| vehicle within the previous 60 days and a current insurance card issued for the motor vehicle replaced by such purchase;
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(c) the current declarations page of a liability
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(d) a liability insurance binder, certificate of
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| liability insurance or receipt for payment to an insurer or its authorized representative for a liability insurance premium, provided such document contains all information the Secretary of State by rule and regulation may require;
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(e) a current rental agreement;
(f) registration plates or digital registration
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| plates, registration sticker or digital registration sticker, or other evidence of registration issued by the Secretary only upon submission of proof of liability insurance pursuant to this Code;
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(g) a certificate, decal, or other document or device
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| issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability pursuant to law;
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(h) the display of electronic images on a cellular
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| phone or other type of portable electronic device. The use of a cellular phone or other type of portable electronic device to display proof of insurance does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the electronic device. Any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile electronic device.
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An insurance card shall be provided for each motor
vehicle insured by the insurer issuing the liability insurance policy and may be issued in either paper or electronic format. Acceptable electronic formats shall permit display on a cellular phone or other portable electronic device and satisfy all other requirements of law and rule, including this Section, regarding form and content.
The form, contents and manner of issuance of the insurance card shall be
prescribed by rules and regulations of the Secretary of State. The Secretary shall adopt rules requiring that reasonable measures be taken to prevent the fraudulent production of insurance cards. The
insurance card shall display an effective date and an expiration date
covering a period of time not to exceed 12 months. The insurance card
shall contain the following disclaimer: "Examine policy exclusions
carefully. This form does not constitute any part of your insurance policy."
If the insurance policy represented by the insurance card does
not cover any driver operating the motor vehicle with the owner's
permission, or the owner when operating a motor vehicle other than the
vehicle for which the policy is issued, the insurance card shall
contain a warning of such limitations in the coverage provided by the
policy.
No insurer shall issue a card, similar in appearance, form and content
to the insurance card required under this Section, in connection with an
insurance policy that does not provide the liability insurance coverage
required under Section 7-601 of this Code.
The evidence of insurance shall be displayed upon request made by any law
enforcement officer wearing a uniform or displaying a badge or other sign
of authority. Any person who fails or refuses to comply with such request
is in violation of Section 3-707 of this Code. Any person who displays
evidence of insurance, knowing there is no valid liability insurance in
effect on the motor vehicle as required under Section 7-601 of this Code or
knowing the evidence of insurance is illegally altered, counterfeit or
otherwise invalid, is in violation of Section 3-710 of this Code.
"Display" means the manual surrender of the evidence of insurance into
the hands of the law enforcement officer, court, or officer of the court
making the request for the
officer's, court's, or officer of the court's inspection thereof.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/7-603.5) Sec. 7-603.5. Electronic verification of a liability insurance policy. (a) The Secretary may implement a program of electronic motor vehicle liability insurance policy verification for motor vehicles subject to Section 7-601 of this Code for the purpose of verifying whether or not the motor vehicle is insured. The development and implementation of the program shall be consistent with the standards and procedures of a nationwide organization whose primary membership consists of individual insurance companies and insurance trade associations. The program shall include, but is not limited to: (1) a requirement that an insurance company |
| authorized to sell motor vehicle liability insurance in this State shall make available, in a format designated by the Secretary that is consistent with a nationwide organization whose primary membership consists of individual insurance companies and insurance trade organizations, to the Secretary for each motor vehicle liability insurance policy issued by the company the following information:
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(A) the name of the policy holder;
(B) the make, model, year, and vehicle
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| identification number of the covered motor vehicle;
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(C) the policy number;
(D) the policy effective date;
(E) the insurance company's National Association
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| of Insurance Commissioner's number; and
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(F) any other information the Secretary deems
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| necessary to match an eligible vehicle with an insurance policy;
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(2) a method for searching motor vehicle liability
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| insurance policies issued and in effect in this State by using the information under paragraph (1) of this subsection (a);
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(3) a requirement that at least twice per calendar
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| year, the Secretary shall verify the existence of a liability insurance policy for every registered motor vehicle subject to Section 7-601 of this Code; and if the Secretary is unable to verify the existence of a liability insurance policy, the Secretary shall, by U.S. mail or electronic mail, send the vehicle owner a written notice allowing the vehicle owner 30 calendar days to provide proof of insurance on the date of attempted verification, or to provide proof that the vehicle is no longer operable;
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(4) a requirement that a vehicle owner who does not
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| provide proof of insurance or proof of an inoperable vehicle under paragraph (3) of this subsection (a) shall be in violation of Section 7-601 of this Code and the Secretary shall suspend the vehicle's registration and the owner shall pay any applicable reinstatement fees and shall provide proof of insurance before the Secretary may reinstate the vehicle's registration under Section 7-606 of this Code;
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(5) a requirement that if a vehicle owner provides
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| proof of insurance on the date of the attempted verification under paragraph (3) of this subsection (1), the Secretary may verify the vehicle owner's response by furnishing necessary information to the insurance company. Within 7 calendar days of receiving the information, the insurance company shall confirm and notify the Secretary the dates of the motor vehicle's insurance coverage. If the insurance company does not confirm coverage for the date of attempted verification, the Secretary shall suspend the vehicle's registration and the owner of the vehicle shall pay any applicable reinstatement fees and shall provide proof of insurance before the Secretary may reinstate the vehicle's registration under Section 7-606 of this Code;
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(6) a requirement that the Secretary may consult with
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| members of the insurance industry during the implementation of the program, including, but not limited to, during the drafting process for adopting any rules that may be necessary to implement or manage an electronic motor vehicle liability insurance policy verification program;
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(7) a requirement that commercial lines of automobile
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| insurance are excluded from the program, but may voluntarily report insurance coverage to the State.
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(b) In addition to the semi-annual verification of liability insurance under subsection (a) of this Section, the Secretary may select monthly verification for a motor vehicle owned or registered by a person:
(1) whose motor vehicle registration during the
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| preceding 4 years has been suspended under Section 7-606 or 7-607 of this Code;
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(2) who, during the preceding 4 years, has been
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| convicted of violating Section 3-707, 3-708, or 3-710 of this Code while operating a vehicle owned by another person;
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(3) whose driving privileges have been suspended
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| during the preceding 4 years;
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(4) who, during the preceding 4 years, acquired
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| ownership of a motor vehicle while the registration of the vehicle under the previous owner was suspended under Section 7-606 or 7-607 of this Code; or
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(5) who, during the preceding 4 years, has received a
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| disposition of court supervision under subsection (c) of Section 5-6-1 of the Unified Code of Corrections for a violation of Section 3-707, 3-708, or 3-710 of this Code.
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(c) Nothing in this Section provides the Secretary with regulatory authority over insurance companies.
(d) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.
(e) Any information collected, stored, maintained, or referred to under this Section shall be used solely for the purpose of verifying whether a registered motor vehicle meets the requirements of Section 7-601 of this Code and shall be exempt from a records request or from inspection and copying under the Freedom of Information Act. A request for release of verification of liability insurance policy information from the Secretary shall require a court order, subpoena, or the motor vehicle owner's approval.
(f) An insurer identified by an electronic motor vehicle liability insurance policy program as insuring less than 1,000 vehicles per year shall be exempt from the reporting requirements under subsection (a) of this Section.
(g) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 100-373, eff. 1-1-18 .)
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(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
Sec. 7-604. Verification of liability insurance policy.
(a) The Secretary of State may select random samples
of registrations of motor vehicles subject to Section 7-601 of this Code,
or owners thereof, for the purpose of verifying whether or not the motor
vehicles are insured.
In addition to such general random samples of motor vehicle
registrations, the Secretary may select for
verification other random samples, including, but not limited to
registrations of motor vehicles owned by persons:
(1) whose motor vehicle registrations during the |
| preceding 4 years have been suspended pursuant to Section 7-606 or 7-607 of this Code;
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(2) who during the preceding 4 years have been
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| convicted of violating Section 3-707, 3-708, or 3-710 of this Code while operating vehicles owned by other persons;
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(3) whose driving privileges have been suspended
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| during the preceding 4 years;
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(4) who during the preceding 4 years acquired
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| ownership of motor vehicles while the registrations of such vehicles under the previous owners were suspended pursuant to Section 7-606 or 7-607 of this Code; or
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(5) who during the preceding 4 years have received a
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| disposition of supervision under subsection (c) of Section 5-6-1 of the Unified Code of Corrections for a violation of Section 3-707, 3-708, or 3-710 of this Code.
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(b) Upon receiving certification from the Department of Transportation
under Section 7-201.2 of this Code of the name of an owner or operator of any
motor vehicle involved in a crash, the Secretary may verify whether or
not at the time of the crash such motor vehicle was covered by a
liability insurance policy in accordance with Section 7-601 of this Code.
(c) In preparation for selection of random samples and their
verification, the Secretary may send to owners of randomly selected motor
vehicles, or to randomly selected motor vehicle owners, requests for
information about their motor vehicles and liability
insurance coverage electronically or, if electronic means are unavailable, via U.S. mail. The request shall require the owner to state whether
or not the motor vehicle was insured on the verification date stated in the
Secretary's request and the request may require, but is not limited to,
a statement by the owner of the names and addresses of insurers, policy
numbers, and expiration dates of insurance coverage.
(d) Within 30 days after the Secretary sends a request under subsection (c) of this Section, the owner to
whom it is sent shall furnish the requested information to the Secretary
above the owner's signed affirmation that such information is true and
correct. Proof of insurance in effect on the verification date, as
prescribed by the Secretary, may be considered by the Secretary to be a
satisfactory response to the request for information.
Any owner whose response indicates that his or her vehicle was
not covered by a liability insurance policy in accordance with
Section 7-601 of this Code shall be deemed to have registered or maintained
registration of a motor vehicle in violation of that Section. Any owner who
fails to respond to such a request shall be deemed to have registered or
maintained registration of a motor vehicle in violation of Section
7-601 of this Code.
(e) If the owner responds to the request for information by asserting
that his or her vehicle was covered by a liability insurance policy on the
verification date stated in the Secretary's request, the Secretary may
conduct a verification of the response by furnishing necessary information
to the insurer named in the response. The insurer shall within
45 days
inform the Secretary whether or not on the verification date stated the
motor vehicle was insured by the insurer in accordance with Section 7-601
of this Code. The Secretary may by rule and regulation prescribe the
procedures for verification.
(f) No random sample selected under this Section shall be categorized on
the basis of race, color, religion, sex, national origin, ancestry, age,
marital status, physical or mental disability, economic status,
or geography.
(g) (Blank).
(h) This Section shall be inoperative upon the effective date of the rules adopted by the Secretary to implement Section 7-603.5 of this Code.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/7-609) (from Ch. 95 1/2, par. 7-609)
Sec. 7-609.
Exemption for certain religious organizations.
(a) Pursuant
to the following minimum criteria, the Secretary may exempt from the
provisions of Section 7-601 of this Code motor vehicles owned by a
religious organization or its members:
(1) The religious organization and its members hold a bona fide conviction that the
acquisition of insurance is contrary to their religious beliefs.
(2) The religious organization and its members submit to the Secretary
evidence that historically, over a period of time not less than two years,
they have paid or, by agreement with the other party or parties involved,
are paying in a timely manner for all damages for which they were or are liable.
(3) The religious organization has filed with the Secretary a current,
irrevocable letter of credit, valid for a period of 12 months and issued in
accordance with this Section and Article 5 of the Uniform Commercial Code,
approved July 31, 1961, as amended, by a financial institution chartered by
an agency of State or federal government. The Secretary of State by rule
and regulation shall establish the minimum amount of credit required.
(4) The religious organization and its members meet other requirement
which the Secretary by rule and regulation may prescribe.
(b) Upon accepting a letter of credit from a religious organization, the
Secretary shall issue a certificate of exemption for each motor vehicle
covered. The certificate of exemption shall serve as evidence of insurance
in accordance with Section 7-602 of this Code.
Not less than 30 days before a current letter of credit expires, or by
agreement between the issuer and customer is revoked, the religious
organization shall file with the Secretary a new letter of credit. If a new
letter of credit is not on file with the Secretary at the time the current
letter of credit expires or is revoked, the exemption of the religious
organization and its members shall expire and their certificates of
exemption shall become invalid.
(c) If credit is used to the extent that the remaining amount of credit
does not meet the minimum requirements of this Section, and the issuer
declines to reinstate the used portion of the credit or issue a new letter
of credit, the issuer immediately shall send written notice to the customer
and the Secretary that the current letter of credit on file with the
Secretary no longer meets the minimum requirements of the law.
If, within 30 days of receiving the notice, the Secretary has not
received and accepted a new letter of credit from the customer, the
exemption of that religious organization and its members shall expire and
their certificates of exemption shall become invalid.
(d) Upon the request of the plaintiff, if a person, known by the court
to be covered by a current letter of credit issued pursuant to this
Section fails to pay a judgment for damages within 30 days after the
judgment has become final, the clerk of the court within 10 days shall
forward to the Secretary a report of the person's failure to pay. The
report shall indicate that the person is covered by a letter of credit and,
if known by the court, the names of the issuer and the customer.
Upon receiving the report from the court, the Secretary shall notify the
religious organization that, unless the payment is made, 30 days after the
date of the mailing of the notice the exemption of the religious
organization and its members shall be terminated and their certificates of
exemption shall become invalid. If within the 30 days the religious
organization does not submit evidence that the payment has been made, or
furnish valid reasons why the payment has been delayed or not made, the
Secretary shall terminate the exemptions.
(e) The Secretary is authorized to promulgate rules and regulations
necessary for the administration of the provisions of this Section.
(Source: P.A. 86-149.)
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(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. 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. (a-1) Following the entry of an order that a person has been found in contempt by the court for failure to follow a visitation order, the court may enter an order directing the Secretary of State to issue a family responsibility driving permit for the purpose of providing the person the privilege of operating a motor vehicle between the person's residence and place of employment or within the scope of employment related duties, or for the purpose of providing transportation for the person or a household member to receive alcohol treatment, other drug treatment, or medical care. If the person 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 person 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. Upon entry of an order granting the issuance of a permit to a person, 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. (a-2) 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 or the family 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. 96-1284, eff. 1-1-11; 97-1047, eff. 8-21-12.) |
(625 ILCS 5/7-702.2)
Sec. 7-702.2.
Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due support and is
subject to having his or her license suspended pursuant to subsection (b) of
Section 7-703 may
come
into
compliance with the court order for support by executing a written payment
agreement
that is approved by the court and by complying with that agreement. A
condition
of a written payment agreement must be that the obligor pay the current child
support
when due. Before a written payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form |
| prescribed by the court, the obligor's financial circumstances, including income from all sources, assets, liabilities, and work history for the past year; and
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(2) Provide documentation to the court concerning the
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| obligor's financial circumstances, including copies of the most recent State and federal income tax returns, both personal and business; a copy of a recent pay stub representative of current income; and copies of other records that show the obligor's income and the present level of assets held by the obligor.
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(b) After full disclosure, the court may determine the
obligor's
ability to pay past-due support and may approve a written
payment
agreement consistent with the obligor's ability to pay, not to exceed the
court-ordered
support.
(Source: P.A. 91-613, eff. 7-1-00.)
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(625 ILCS 5/7-705.1)
Sec. 7-705.1.
Notice of noncompliance with support order.
Before
forwarding to the Secretary of State the
authenticated document under subsection (b) of Section 7-703, the
circuit court
must serve notice upon the obligor of its
intention to suspend the obligor's driver's license for being adjudicated in
arrears in court ordered child support payments in an amount equal to 90 days
obligation. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all |
| past-due support, the obligor may come into compliance with the support order by executing a written payment agreement with the court, as provided in Section 7-702.2, and by complying with that agreement;
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(b) The obligor may contest the issue of compliance
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(c) A request for a hearing must be made in writing
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| and must be received by the clerk of the circuit court;
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(d) If the obligor does not request a hearing to
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| contest the issue of compliance within 45 days after the notice of noncompliance is mailed, the court may order that the obligor's driver's license be suspended as provided for in subsection (b) of Section 7-703;
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(e) If the circuit court certifies the obligor to the
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| Secretary of State for noncompliance with an order of support, the Secretary of State must suspend any driver's license or instruction permit the obligor holds and the obligor's right to apply for or obtain a driver's license or instruction permit until the obligor comes into compliance with the order of support;
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(f) If the obligor files a motion to modify support
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| with the court or requests the court to modify a support obligation, the circuit court shall stay action to certify the obligor to the Secretary of State for noncompliance with an order of support; and
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(g) The obligor may comply with an order of support
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| by doing all of the following:
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(1) Paying the current support;
(2) Paying all past-due support or, if unable to
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| pay all past-due support and a periodic payment for past-due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement approved by the court; and
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(3) Meeting the obligor's health insurance
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The notice must include the address and telephone number of the clerk of the
circuit court.
The clerk of the circuit court shall attach a copy of the obligor's
order of
support to the notice. The notice must be served by certified mail, return
receipt
requested, by service in hand, or as specified in the Code of Civil
Procedure.
(Source: P.A. 91-613, eff. 7-1-00.)
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(625 ILCS 5/7-705.2) Sec. 7-705.2. Notice of noncompliance with visitation order. Before forwarding to the Secretary of State the authenticated document under Section 7-703, the circuit court must serve notice upon the person of its intention to suspend the person's driver's license for being adjudicated as having violated a visitation order in a manner deemed to be visitation abuse. The notice must inform the person that: (1) The person may contest the issue of compliance at |
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(2) A request for a hearing must be made in writing
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| and must be received by the clerk of the circuit court;
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(3) If the person does not request a hearing to
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| contest the issue of compliance within 45 days after the notice of noncompliance is mailed, the court may order that the person's driver's license be suspended as provided for in Section 7-703;
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(4) If the circuit court certifies the person to
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| the Secretary of State for noncompliance with a visitation order, the Secretary of State must suspend any driver's license or instruction permit the person holds and the person's right to apply for or obtain a driver's license or instruction permit until the court has determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated;
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(5) If the person files a motion to modify visitation
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| with the court or requests that the court modify a visitation obligation, the circuit court shall stay action to certify the person to the Secretary of State concerning court ordered visitation; and
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(6) The notice must include the address
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| and telephone number of the clerk of the circuit court. The clerk of the circuit court shall attach a copy of the person's visitation order to the notice. The notice must be served by certified mail, return receipt requested, by service in hand, or as specified in the Code of Civil Procedure.
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(Source: P.A. 97-1047, eff. 8-21-12.)
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(625 ILCS 5/7-706.1)
Sec. 7-706.1.
Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the circuit court
a hearing to contest the claim of noncompliance with an order of
support
and his or her subsequent driver's license suspension under
subsection (b) of
Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court,
the clerk of the circuit court shall set the hearing before the circuit court.
(c) Upon the obligor's written request, the court must
set a date
for a hearing and afford the obligor an opportunity for a hearing as early as
practical.
(d) The scope of this hearing is limited to the following issues:
(1) Whether the obligor is required to pay child |
| support under an order of support.
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(2) Whether the obligor has been adjudicated in
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| arrears in court ordered child support payments in an amount equal to 90 days obligation or more.
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(3) Any additional issues raised by the obligor,
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| including the reasonableness of a payment agreement in light of the obligor's current financial circumstances, to be preserved for appeal.
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(e) All hearings and hearing procedures shall comply with requirements of
the
Illinois Constitution and the United States Constitution, so that no person is
deprived of due process of law nor denied
equal
protection of the laws. All hearings shall be held before a judge of the
circuit court in the county in which the support order has been entered.
Appropriate
records of the hearings shall be kept. Where a transcript of the hearing is
taken, the
person requesting the hearing shall have the opportunity to order a copy of the
transcript at
his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any
driver's license shall be a final judgment for purposes of appellate
review.
(Source: P.A. 91-613, eff. 7-1-00.)
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