Sen. Mattie Hunter

Filed: 4/4/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1473

2    AMENDMENT NO. ______. Amend Senate Bill 1473 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Reference to Act. This Act may be referred to
5as the Stay of Driver's License Suspension for Child Support
6Arrearage Law.
 
7    Section 5. The Illinois Public Aid Code is amended by
8changing Section 10-16.5 as follows:
 
9    (305 ILCS 5/10-16.5)
10    Sec. 10-16.5. Interest on support obligations. A support
11obligation, or any portion of a support obligation, which
12becomes due and remains unpaid as of the end of each month,
13excluding the child support that was due for that month to the
14extent that it was not paid in that month, shall accrue simple
15interest as set forth in Section 12-109 of the Code of Civil

 

 

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1Procedure. An order for support entered or modified on or after
2January 1, 2006 shall contain a statement that a support
3obligation required under the order, or any portion of a
4support obligation required under the order, that becomes due
5and remains unpaid as of the end of each month, excluding the
6child support that was due for that month to the extent that it
7was not paid in that month, shall accrue simple interest as set
8forth in Section 12-109 of the Code of Civil Procedure. Failure
9to include the statement in the order for support does not
10affect the validity of the order or the accrual of interest as
11provided in this Section. The Department may provide, by rule,
12if, or how, the Department will enforce interest in cases in
13which IV-D services are being provided.
14    In cases in which IV-D services are being provided, the
15Department shall provide, by rule, for a one-time notice to
16obligees advising the obligee that he or she must notify the
17Department within 60 days of the notice that he or she wishes
18to have the Department compute any interest that accrued on a
19specific docket in his or her case between May 1, 1987 and
20December 31, 2005. If the obligee fails to notify the
21Department within the 60-day period: (i) the Department shall
22have no further duty to enforce and collect interest accrued on
23support obligations established under this Code or under any
24other law that are owed to the obligee prior to January 1,
252006; and (ii) any interest due on that docket prior to 2006
26may be pursued by the obligee through a court action, but not

 

 

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1through the Department's IV-D agency.
2(Source: P.A. 98-563, eff. 8-27-13.)
 
3    Section 10. The Illinois Vehicle Code is amended by
4changing Sections 7-704 and 7-704.1 as follows:
 
5    (625 ILCS 5/7-704)
6    Sec. 7-704. Suspension to continue until compliance with
7court order of support.
8    (a) The suspension of a driver's license shall remain in
9effect unless and until the Secretary of State receives
10authenticated documentation that the obligor is in compliance
11with a court order of support or that the order has been stayed
12by a subsequent order of the court. Full driving privileges
13shall not be issued by the Secretary of State until
14notification of compliance has been received from the court.
15The circuit clerks shall report the obligor's compliance with a
16court order of support to the Secretary of State, on a form
17prescribed by the Secretary.
18    (a-1) The suspension of a driver's license shall remain in
19effect unless and until the Secretary of State receives
20authenticated documentation as to the person who violated a
21visitation order that the court has determined that there has
22been sufficient compliance for a sufficient period of time with
23the court's order concerning visitation and that full driving
24privileges shall be reinstated or that the order has been

 

 

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1stayed by a subsequent order of the court. Full driving
2privileges shall not be issued by the Secretary of State until
3notification has been received from the court. The circuit
4clerk shall report any court order in which the court
5determined that there has been sufficient compliance for a
6sufficient period of time with the court's order concerning
7visitation and that full driving privileges shall be reinstated
8to the Secretary of State on a form prescribed by the
9Secretary.
10    (b) Whenever, after one suspension of an individual's
11driver's license for failure to pay child support, another
12order of non-payment is entered against the obligor and the
13person fails to come into compliance with the court order of
14support, then the Secretary shall again suspend the driver's
15license of the individual and that suspension shall not be
16removed unless the obligor is in full compliance with the court
17order of support and has made full payment on all arrearages or
18has arranged for payment of the arrearages and current support
19obligation in a manner satisfactory to the court. The provision
20in this Section regarding the compliance necessary to remove an
21active suspension applies equally to all individuals who have
22had a driver's license suspended due to non-payment of child
23support, regardless of whether that suspension occurred before
24or after the effective date of this amendatory Act of the 101st
25General Assembly.
26    (b-1) Whenever, after one suspension of an individual's

 

 

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1driver's license for failure to abide by a visitation order,
2another order finding visitation abuse is entered against the
3person and the court orders the suspension of the person's
4driver's license, then the Secretary shall again suspend the
5driver's license of the individual and that suspension shall
6not be removed until the court has determined that there has
7been sufficient compliance for a sufficient period of time with
8the court's order concerning visitation and that full driving
9privileges shall be reinstated.
10    (c) Section 7-704.1, and not this Section, governs the
11duration of a driver's license suspension if the suspension
12occurs as the result of a certification by the Illinois
13Department of Healthcare and Family Services under subsection
14(c) of Section 7-702.
15(Source: P.A. 97-1047, eff. 8-21-12.)
 
16    (625 ILCS 5/7-704.1)
17    Sec. 7-704.1. Duration of driver's license suspension upon
18certification of Department of Healthcare and Family Services.
19    (a) When a suspension of a driver's license occurs as the
20result of a certification by the Illinois Department of
21Healthcare and Family Services under subsection (c) of Section
227-702, the suspension shall remain in effect until the
23Secretary of State receives notification from the Department
24that the person whose license was suspended has paid the
25support delinquency in full or has arranged for payment of the

 

 

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1delinquency and current support obligation in a manner
2satisfactory to the Department.
3    (b) Whenever, after one suspension of an individual's
4driver's license based on certification of the Department of
5Healthcare and Family Services, another certification is
6received from the Department of Healthcare and Family Services,
7the Secretary shall again suspend the driver's license of that
8individual and that suspension shall not be removed unless the
9obligor is in full compliance with the order of support and has
10made full payment on all arrearages or has arranged for payment
11of the arrearages and current support obligation in a manner
12satisfactory to the Department. The provision in this Section
13regarding the compliance necessary to remove an active
14suspension applies equally to all individuals who have had a
15driver's license suspended due to nonpayment of child support,
16regardless of whether that suspension occurred before or after
17the effective date of this amendatory Act of the 101st General
18Assembly.
19(Source: P.A. 95-685, eff. 10-23-07.)
 
20    Section 15. The Code of Civil Procedure is amended by
21changing Section 12-109 as follows:
 
22    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)
23    Sec. 12-109. Interest on judgments.
24    (a) Every judgment except those arising by operation of law

 

 

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1from child support orders shall bear interest thereon as
2provided in Section 2-1303.
3    (b) Every judgment arising by operation of law from a child
4support order shall bear interest as provided in this
5subsection. The interest on judgments arising by operation of
6law from child support orders shall be calculated by applying
7one-twelfth of the current statutory interest rate as provided
8in Section 2-1303 to the unpaid child support balance as of the
9end of each calendar month. The unpaid child support balance at
10the end of the month is the total amount of child support
11ordered, excluding the child support that was due for that
12month to the extent that it was not paid in that month and
13including judgments for retroactive child support, less all
14payments received and applied as set forth in this subsection.
15The accrued interest shall not be included in the unpaid child
16support balance when calculating interest at the end of the
17month. The unpaid child support balance as of the end of each
18month shall be determined by calculating the current monthly
19child support obligation and applying all payments received for
20that month, except federal income tax refund intercepts, first
21to the current monthly child support obligation and then
22applying any payments in excess of the current monthly child
23support obligation to the unpaid child support balance owed
24from previous months. The current monthly child support
25obligation shall be determined from the document that
26established the support obligation. Federal income tax refund

 

 

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1intercepts and any payments in excess of the current monthly
2child support obligation shall be applied to the unpaid child
3support balance. Any payments in excess of the current monthly
4child support obligation and the unpaid child support balance
5shall be applied to the accrued interest on the unpaid child
6support balance. Interest on child support obligations may be
7collected by any means available under federal and State law,
8rules, and regulations providing for the collection of child
9support State law for the collection of child support
10judgments.
11(Source: P.A. 98-563, eff. 8-27-13.)".