Full Text of SB3513 100th General Assembly
SB3513sam001 100TH GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3513
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3513 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Reference to Act. This Act may be referred to | 5 | | as the Stay of Driver's License Suspension for Child Support | 6 | | Arrearage Law. | 7 | | Section 5. The Illinois Vehicle Code is amended by adding | 8 | | Section 7-701.5 as follows: | 9 | | (625 ILCS 5/7-701.5 new) | 10 | | Sec. 7-701.5. Loss of driving privileges for nonpayment of | 11 | | support; stay. | 12 | | (a) The purposes of the Section are: | 13 | | (1) To safeguard the best interests of children and | 14 | | families by establishing procedures, in appropriate cases, | 15 | | for a parent with a child support arrearage ("obligor") to |
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| 1 | | retain his or her driver's license for up to 12 months, to | 2 | | enable him or her to maintain or obtain gainful employment, | 3 | | seek self-employment, start a business, or participate in | 4 | | job training or other programs to enable the parent to | 5 | | obtain employment and pay child support. | 6 | | (2) To mitigate potential financial and relationship | 7 | | harm to children and families caused by the loss of a | 8 | | parent's driving privileges. | 9 | | (3) To recognize the financial cost and difficulty of | 10 | | transporting children and families and maintaining | 11 | | employment, seeking employment or self-employment, or | 12 | | starting a business caused by a loss of driving privileges, | 13 | | while balancing the obligor's financial responsibility as | 14 | | outlined in the child support order. | 15 | | (b) In any proceeding to enforce arrearages in child | 16 | | support payments or orders, the obligor has the right to | 17 | | petition the court or child support administrative body for an | 18 | | order to stay the suspension of driver's license ("Stay Order") | 19 | | for a period of up to 12 months after the date of the Stay | 20 | | Order. As the child support arrearage accrued while the | 21 | | obligor's license had yet to be suspended, the obligor must | 22 | | prove by clear and convincing evidence that the suspension | 23 | | should be stayed and that the child support obligation will be | 24 | | paid. | 25 | | (c) The court or the child support administrative body | 26 | | shall oversee the Stay Order and shall review the Stay Order |
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| 1 | | every 90 days to determine if the obligor has either started to | 2 | | pay child support if already employed or gains employment, made | 3 | | efforts to gain employment, or participated in job training or | 4 | | another work program towards employment, or became | 5 | | self-employed or started a business, for a period of up to 12 | 6 | | months after the date of the Stay Order, and shall have the | 7 | | discretion to extend the time of review upon good cause shown, | 8 | | as indicated in subsection (h). | 9 | | (d) The court or child support administrative body shall, | 10 | | after issuance of a Stay Order: | 11 | | (1) Require that evidence of employment be presented to | 12 | | the court or child support administrative body, if the | 13 | | obligor is employed at the time that the Stay Order is | 14 | | entered, and order the obligor to either sign a wage | 15 | | garnishment or wage assignment agreement or sign a request | 16 | | to the employer for withholding of child support, in order | 17 | | to avoid license suspension. | 18 | | (2) Require that an obligor who is not employed seek | 19 | | employment, job training, or a work program through the | 20 | | Department of Employment Security and other means, and | 21 | | report to the court, in accordance with the provisions | 22 | | above, with a diary, listing, or other documentation of his | 23 | | or her efforts to gain employment in accordance with such | 24 | | order. | 25 | | (3) Require that evidence be presented to the court or | 26 | | child support administrative body, at the next hearing, if |
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| 1 | | the obligor obtains employment, and order the obligor to | 2 | | either sign a wage garnishment or wage assignment | 3 | | agreement, or sign a request to the employer for | 4 | | withholding of child support, in order to avoid license | 5 | | suspension. | 6 | | (4) Require that evidence be presented to the court or | 7 | | child support administrative body if the obligor starts a | 8 | | business or obtains income by self-employment. | 9 | | (5) Upon the receipt of proper proof by the court or | 10 | | child support administrative body of the existence of a | 11 | | business owned by the obligor, require the obligor to begin | 12 | | a process of repayment in order to avoid license | 13 | | suspension. | 14 | | (6) Require an obligor who is self-employed, or starts | 15 | | a business, to provide, on an annual basis until the child | 16 | | support is completely repaid, to an administrative agency | 17 | | designated by the court or child support administrative | 18 | | body, financial statements showing income and expenses | 19 | | from the business or the self-employment, which shall be | 20 | | treated as evidence of the income available for child | 21 | | support payments. | 22 | | (e) The court shall require clear and convincing evidence | 23 | | to adjudicate any additional issues raised by the obligor, | 24 | | including temporary disability or incapacity of the obligor and | 25 | | any reasonable efforts undertaken by the obligor to begin a | 26 | | process of repayment, modification, or reconsideration of the |
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| 1 | | arrearage or child support order in determining whether to | 2 | | issue a Stay Order. | 3 | | (f) Any support orders entered by the court in cases | 4 | | subject to this Section shall include the status of the | 5 | | driver's license until the child support arrearages are paid. | 6 | | (g) The court or child support administrative body may | 7 | | terminate the Stay Order and order the immediate suspension of | 8 | | the obligor's driver's license before the 12-month period is | 9 | | over if the obligor fails to meet any or all of the provisions | 10 | | set forth within this Section. The court may also enter | 11 | | additional sanctions against an obligor who fails to meet any | 12 | | or all of the provisions set forth within this Section. | 13 | | (h) The court or child support administrative body shall | 14 | | review the obligor's request for stay of the driver's license | 15 | | suspension every 90 days, for a period up to 12 months, and may | 16 | | make a determination as to the obligor's actual compliance and | 17 | | the obligor's efforts to comply with the order. The court or | 18 | | child support administrative body shall have the discretion to | 19 | | extend the Stay Order after the first 12-month period, upon | 20 | | good cause shown, including a good faith effort on the part of | 21 | | the obligor to pay the child support obligation, and continue | 22 | | to review the obligor's compliance with the Stay Order every 90 | 23 | | days, as provided in this Section. | 24 | | (i) If the provisions of this Section are inconsistent with | 25 | | the requirements pertaining to Sections 7-705 and 7-706 of this | 26 | | Code, the provisions of this Section control. ".
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