Full Text of SB1473 101st General Assembly
SB1473ham001 101ST GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 5/8/2019
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| 1 | | AMENDMENT TO SENATE BILL 1473
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1473 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 Public Aid Code is amended by | 8 | | changing Section 10-16.5 as follows:
| 9 | | (305 ILCS 5/10-16.5)
| 10 | | Sec. 10-16.5. Interest on support obligations. A support | 11 | | obligation, or
any portion of a support obligation, which | 12 | | becomes due and remains unpaid as of the end of each month, | 13 | | excluding the child support that was due for that month to the | 14 | | extent that it was not paid in that month,
shall accrue simple | 15 | | interest as set forth in Section 12-109 of the Code of Civil |
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| 1 | | Procedure.
An order for support entered or modified on or after | 2 | | January 1, 2006 shall
contain a statement that a support | 3 | | obligation required under the order, or any
portion of a | 4 | | support obligation required under the order, that becomes due | 5 | | and
remains unpaid as of the end of each month, excluding the | 6 | | child support that was due for that month to the extent that it | 7 | | was not paid in that month, shall accrue simple interest as set | 8 | | forth in Section 12-109 of the Code of Civil Procedure. Failure | 9 | | to include the statement in the order for support does
not | 10 | | affect the validity of the order or the accrual of interest as | 11 | | provided in
this Section. The Department may provide, by rule, | 12 | | if, or how, the Department will enforce interest in cases in | 13 | | which IV-D services are being provided.
| 14 | | In cases in which IV-D services are being provided, the | 15 | | Department shall provide, by rule, for a one-time notice to | 16 | | obligees advising the obligee that he or she must notify the | 17 | | Department within 60 days of the notice that he or she wishes | 18 | | to have the Department compute any interest that accrued on a | 19 | | specific docket in his or her case between May 1, 1987 and | 20 | | December 31, 2005. If the obligee fails to notify the | 21 | | Department within the 60-day period: (i) the Department shall | 22 | | have no further duty to enforce and collect interest accrued on | 23 | | support obligations established under this Code or under any | 24 | | other law that are owed to the obligee prior to January 1, | 25 | | 2006; and (ii) any interest due on that docket prior to 2006 | 26 | | may be pursued by the obligee through a court action, but not |
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| 1 | | through 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 | 4 | | changing 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 | 7 | | court
order of support. | 8 | | (a) The suspension of a driver's license shall remain in
| 9 | | effect unless and until the Secretary of State receives
| 10 | | authenticated documentation that the obligor is in compliance | 11 | | with
a court order of support or that the order has
been stayed | 12 | | by a subsequent order of the court.
Full driving privileges | 13 | | shall not be issued by the Secretary
of State until | 14 | | notification of compliance has been received from
the court. | 15 | | The circuit clerks shall report the obligor's compliance
with a | 16 | | court order of support to the Secretary of
State, on a form | 17 | | prescribed by the Secretary.
| 18 | | (a-1) The suspension of a driver's license shall remain in | 19 | | effect unless and until the Secretary of State receives | 20 | | authenticated documentation as to the person who violated a | 21 | | visitation order that the court has determined that there has | 22 | | been sufficient compliance for a sufficient period of time with | 23 | | the court's order concerning visitation and that full driving | 24 | | privileges shall be reinstated or that the order has been |
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| 1 | | stayed by a subsequent order of the court. Full driving | 2 | | privileges shall not be issued by the Secretary of State until | 3 | | notification has been received from the court. The circuit | 4 | | clerk shall report any court order in which the court | 5 | | determined that there has been sufficient compliance for a | 6 | | sufficient period of time with the court's order concerning | 7 | | visitation and that full driving privileges shall be reinstated | 8 | | to the Secretary of State on a form prescribed by the | 9 | | Secretary. | 10 | | (b) Whenever, after one suspension of an individual's | 11 | | driver's
license for failure to pay child support, another | 12 | | order of
non-payment is entered against the obligor and the | 13 | | person fails to
come into compliance with the court order of
| 14 | | support, then the Secretary shall again suspend the driver's
| 15 | | license of the individual and that suspension shall not be | 16 | | removed
unless the obligor is in full compliance with the court | 17 | | order of support and
has made full payment on all arrearages or | 18 | | has arranged for payment of the arrearages and current support | 19 | | obligation in a manner satisfactory to the court. The provision | 20 | | in this Section regarding the compliance necessary to remove an | 21 | | active suspension applies equally to all individuals who have | 22 | | had a driver's license suspended due to non-payment of child | 23 | | support, regardless of whether that suspension occurred before | 24 | | or after the effective date of this amendatory Act of the 101st | 25 | | General Assembly .
| 26 | | (b-1) Whenever, after one suspension of an individual's |
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| 1 | | driver's license for failure to abide by a visitation order, | 2 | | another order finding visitation abuse is entered against the | 3 | | person and the court orders the suspension of the person's | 4 | | driver's license, then the Secretary shall again suspend the | 5 | | driver's license of the individual and that suspension shall | 6 | | not be removed until the court has determined that there has | 7 | | been sufficient compliance for a sufficient period of time with | 8 | | the court's order concerning visitation and that full driving | 9 | | privileges shall be reinstated. | 10 | | (c) Section 7-704.1, and not this Section, governs the | 11 | | duration of a driver's license suspension if the suspension | 12 | | occurs as the result of a certification by the Illinois | 13 | | Department 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 | 18 | | certification of Department of Healthcare and Family Services. | 19 | | (a) When a suspension of a driver's license occurs as the | 20 | | result of a certification by the Illinois Department of | 21 | | Healthcare and Family Services under subsection (c) of Section | 22 | | 7-702, the suspension shall remain in effect until the | 23 | | Secretary of State receives notification from the Department | 24 | | that the person whose license was suspended has paid the | 25 | | support delinquency in full or has arranged for payment of the |
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| 1 | | delinquency and current support obligation in a manner | 2 | | satisfactory to the Department. | 3 | | (b) Whenever, after one suspension of an individual's | 4 | | driver's license based on certification of the Department of | 5 | | Healthcare and Family Services, another certification is | 6 | | received from the Department of Healthcare and Family Services, | 7 | | the Secretary shall again suspend the driver's license of that | 8 | | individual and that suspension shall not be removed unless the | 9 | | obligor is in full compliance with the order of support and has | 10 | | made full payment on all arrearages or has arranged for payment | 11 | | of the arrearages and current support obligation in a manner | 12 | | satisfactory to the Department. The provision in this Section | 13 | | regarding the compliance necessary to remove an active | 14 | | suspension applies equally to all individuals who have had a | 15 | | driver's license suspended due to nonpayment of child support, | 16 | | regardless of whether that suspension occurred before or after | 17 | | the effective date of this amendatory Act of the 101st General | 18 | | Assembly .
| 19 | | (Source: P.A. 95-685, eff. 10-23-07.)
| 20 | | Section 15. The Code of Civil Procedure is amended by | 21 | | changing 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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| 1 | | from child support orders shall bear interest
thereon as | 2 | | provided in Section 2-1303. | 3 | | (b) Every judgment arising by
operation of law from a child | 4 | | support order shall bear interest as provided
in this | 5 | | subsection. The interest on judgments arising by operation of | 6 | | law from child support orders shall be calculated by applying | 7 | | one-twelfth of the current statutory interest rate as provided | 8 | | in Section 2-1303 to the unpaid child support balance as of the | 9 | | end of each calendar month. The unpaid child support balance at | 10 | | the end of the month is the total amount of child support | 11 | | ordered, excluding the child support that was due for that | 12 | | month to the extent that it was not paid in that month and | 13 | | including judgments for retroactive child support, less all | 14 | | payments received and applied as set forth in this subsection. | 15 | | The accrued interest shall not be included in the unpaid child | 16 | | support balance when calculating interest at the end of the | 17 | | month. The unpaid child support balance as of the end of each | 18 | | month shall be determined by calculating the current monthly | 19 | | child support obligation and applying all payments received for | 20 | | that month, except federal income tax refund intercepts, first | 21 | | to the current monthly child support obligation and then | 22 | | applying any payments in excess of the current monthly child | 23 | | support obligation to the unpaid child support balance owed | 24 | | from previous months. The current monthly child support | 25 | | obligation shall be determined from the document that | 26 | | established the support obligation. Federal income tax refund |
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| 1 | | intercepts and any payments in excess of the current monthly | 2 | | child support obligation shall be applied to the unpaid child | 3 | | support balance. Any payments in excess of the current monthly | 4 | | child support obligation and the unpaid child support balance | 5 | | shall be applied to the accrued interest on the unpaid child | 6 | | support balance. Interest on child support obligations may be | 7 | | collected by any means available under federal and State law, | 8 | | rules, and regulations providing for the collection of child | 9 | | support State law for the collection of child support | 10 | | judgments .
| 11 | | (Source: P.A. 98-563, eff. 8-27-13.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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