Illinois General Assembly - Full Text of SB1473
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Full Text of SB1473  101st General Assembly

SB1473eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Reference to Act. This Act may be referred to as
5the 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
16Procedure. An order for support entered or modified on or after
17January 1, 2006 shall contain a statement that a support
18obligation required under the order, or any portion of a
19support obligation required under the order, that becomes due
20and remains unpaid as of the end of each month, excluding the
21child support that was due for that month to the extent that it
22was not paid in that month, shall accrue simple interest as set

 

 

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1forth in Section 12-109 of the Code of Civil Procedure. Failure
2to include the statement in the order for support does not
3affect the validity of the order or the accrual of interest as
4provided in this Section. The Department may provide, by rule,
5if, or how, the Department will enforce interest in cases in
6which IV-D services are being provided.
7    In cases in which IV-D services are being provided, the
8Department shall provide, by rule, for a one-time notice to
9obligees advising the obligee that he or she must notify the
10Department within 60 days of the notice that he or she wishes
11to have the Department compute any interest that accrued on a
12specific docket in his or her case between May 1, 1987 and
13December 31, 2005. If the obligee fails to notify the
14Department within the 60-day period: (i) the Department shall
15have no further duty to enforce and collect interest accrued on
16support obligations established under this Code or under any
17other law that are owed to the obligee prior to January 1,
182006; and (ii) any interest due on that docket prior to 2006
19may be pursued by the obligee through a court action, but not
20through the Department's IV-D agency.
21(Source: P.A. 98-563, eff. 8-27-13.)
 
22    Section 10. The Illinois Vehicle Code is amended by
23changing Sections 7-704 and 7-704.1 as follows:
 
24    (625 ILCS 5/7-704)

 

 

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1    Sec. 7-704. Suspension to continue until compliance with
2court order of support.
3    (a) The suspension of a driver's license shall remain in
4effect unless and until the Secretary of State receives
5authenticated documentation that the obligor is in compliance
6with a court order of support or that the order has been stayed
7by a subsequent order of the court. Full driving privileges
8shall not be issued by the Secretary of State until
9notification of compliance has been received from the court.
10The circuit clerks shall report the obligor's compliance with a
11court order of support to the Secretary of State, on a form
12prescribed by the Secretary.
13    (a-1) The suspension of a driver's license shall remain in
14effect unless and until the Secretary of State receives
15authenticated documentation as to the person who violated a
16visitation order that the court has determined that there has
17been sufficient compliance for a sufficient period of time with
18the court's order concerning visitation and that full driving
19privileges shall be reinstated or that the order has been
20stayed by a subsequent order of the court. Full driving
21privileges shall not be issued by the Secretary of State until
22notification has been received from the court. The circuit
23clerk shall report any court order in which the court
24determined that there has been sufficient compliance for a
25sufficient period of time with the court's order concerning
26visitation and that full driving privileges shall be reinstated

 

 

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

 

 

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1the court's order concerning visitation and that full driving
2privileges shall be reinstated.
3    (c) Section 7-704.1, and not this Section, governs the
4duration of a driver's license suspension if the suspension
5occurs as the result of a certification by the Illinois
6Department of Healthcare and Family Services under subsection
7(c) of Section 7-702.
8(Source: P.A. 97-1047, eff. 8-21-12.)
 
9    (625 ILCS 5/7-704.1)
10    Sec. 7-704.1. Duration of driver's license suspension upon
11certification of Department of Healthcare and Family Services.
12    (a) When a suspension of a driver's license occurs as the
13result of a certification by the Illinois Department of
14Healthcare and Family Services under subsection (c) of Section
157-702, the suspension shall remain in effect until the
16Secretary of State receives notification from the Department
17that the person whose license was suspended has paid the
18support delinquency in full or has arranged for payment of the
19delinquency and current support obligation in a manner
20satisfactory to the Department.
21    (b) Whenever, after one suspension of an individual's
22driver's license based on certification of the Department of
23Healthcare and Family Services, another certification is
24received from the Department of Healthcare and Family Services,
25the Secretary shall again suspend the driver's license of that

 

 

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1individual and that suspension shall not be removed unless the
2obligor is in full compliance with the order of support and has
3made full payment on all arrearages or has arranged for payment
4of the arrearages and current support obligation in a manner
5satisfactory to the Department. The provision in this Section
6regarding the compliance necessary to remove an active
7suspension applies equally to all individuals who have had a
8driver's license suspended due to nonpayment of child support,
9regardless of whether that suspension occurred before or after
10the effective date of this amendatory Act of the 101st General
11Assembly.
12(Source: P.A. 95-685, eff. 10-23-07.)
 
13    Section 15. The Code of Civil Procedure is amended by
14changing Section 12-109 as follows:
 
15    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)
16    Sec. 12-109. Interest on judgments.
17    (a) Every judgment except those arising by operation of law
18from child support orders shall bear interest thereon as
19provided in Section 2-1303.
20    (b) Every judgment arising by operation of law from a child
21support order shall bear interest as provided in this
22subsection. The interest on judgments arising by operation of
23law from child support orders shall be calculated by applying
24one-twelfth of the current statutory interest rate as provided

 

 

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1in Section 2-1303 to the unpaid child support balance as of the
2end of each calendar month. The unpaid child support balance at
3the end of the month is the total amount of child support
4ordered, excluding the child support that was due for that
5month to the extent that it was not paid in that month and
6including judgments for retroactive child support, less all
7payments received and applied as set forth in this subsection.
8The accrued interest shall not be included in the unpaid child
9support balance when calculating interest at the end of the
10month. The unpaid child support balance as of the end of each
11month shall be determined by calculating the current monthly
12child support obligation and applying all payments received for
13that month, except federal income tax refund intercepts, first
14to the current monthly child support obligation and then
15applying any payments in excess of the current monthly child
16support obligation to the unpaid child support balance owed
17from previous months. The current monthly child support
18obligation shall be determined from the document that
19established the support obligation. Federal income tax refund
20intercepts and any payments in excess of the current monthly
21child support obligation shall be applied to the unpaid child
22support balance. Any payments in excess of the current monthly
23child support obligation and the unpaid child support balance
24shall be applied to the accrued interest on the unpaid child
25support balance. Interest on child support obligations may be
26collected by any means available under federal and State law,

 

 

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1rules, and regulations providing for the collection of child
2support State law for the collection of child support
3judgments.
4(Source: P.A. 98-563, eff. 8-27-13.)