Bill Amendment: IL SB1473 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-LICENSE-CHILD SUPPORT
Status: 2019-08-09 - Public Act . . . . . . . . . 101-0336 [SB1473 Detail]
Download: Illinois-2019-SB1473-Senate_Amendment_001.html
Bill Title: VEH CD-LICENSE-CHILD SUPPORT
Status: 2019-08-09 - Public Act . . . . . . . . . 101-0336 [SB1473 Detail]
Download: Illinois-2019-SB1473-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1473
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2 | AMENDMENT NO. ______. Amend Senate Bill 1473 on page 1, | ||||||
3 | line 7, after "amended", by inserting "by changing Sections | ||||||
4 | 7-704 and 7-704.1 and"; and
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5 | on page 5, immediately below line 19, by inserting the | ||||||
6 | following:
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7 | "(625 ILCS 5/7-704)
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8 | Sec. 7-704. Suspension to continue until compliance with | ||||||
9 | court
order of support. | ||||||
10 | (a) The suspension of a driver's license shall remain in
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11 | effect unless and until the Secretary of State receives
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12 | authenticated documentation that the obligor is in compliance | ||||||
13 | with
a court order of support or that the order has
been stayed | ||||||
14 | by a subsequent order of the court.
Full driving privileges | ||||||
15 | shall not be issued by the Secretary
of State until | ||||||
16 | notification of compliance has been received from
the court. |
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1 | The circuit clerks shall report the obligor's compliance
with a | ||||||
2 | court order of support to the Secretary of
State, on a form | ||||||
3 | prescribed by the Secretary.
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4 | (a-1) The suspension of a driver's license shall remain in | ||||||
5 | effect unless and until the Secretary of State receives | ||||||
6 | authenticated documentation as to the person who violated a | ||||||
7 | visitation order that the court has determined that there has | ||||||
8 | been sufficient compliance for a sufficient period of time with | ||||||
9 | the court's order concerning visitation and that full driving | ||||||
10 | privileges shall be reinstated or that the order has been | ||||||
11 | stayed by a subsequent order of the court. Full driving | ||||||
12 | privileges shall not be issued by the Secretary of State until | ||||||
13 | notification has been received from the court. The circuit | ||||||
14 | clerk shall report any court order in which the court | ||||||
15 | determined that there has been sufficient compliance for a | ||||||
16 | sufficient period of time with the court's order concerning | ||||||
17 | visitation and that full driving privileges shall be reinstated | ||||||
18 | to the Secretary of State on a form prescribed by the | ||||||
19 | Secretary. | ||||||
20 | (b) Whenever, after one suspension of an individual's | ||||||
21 | driver's
license for failure to pay child support, another | ||||||
22 | order of
non-payment is entered against the obligor and the | ||||||
23 | person fails to
come into compliance with the court order of
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24 | support, then the Secretary shall again suspend the driver's
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25 | license of the individual and that suspension shall not be | ||||||
26 | removed
unless the obligor is in full compliance with the court |
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1 | order of support and
has made full payment on all arrearages or | ||||||
2 | has arranged for payment of the arrearages and current support | ||||||
3 | obligation in a manner satisfactory to the court. The provision | ||||||
4 | in this Section regarding the compliance necessary to remove an | ||||||
5 | active suspension applies equally to all individuals who have | ||||||
6 | had a driver's license suspended due to non-payment of child | ||||||
7 | support, regardless of whether that suspension occurred before | ||||||
8 | or after the effective date of this amendatory Act of the 101st | ||||||
9 | General Assembly .
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10 | (b-1) Whenever, after one suspension of an individual's | ||||||
11 | driver's license for failure to abide by a visitation order, | ||||||
12 | another order finding visitation abuse is entered against the | ||||||
13 | person and the court orders the suspension of the person's | ||||||
14 | driver's license, then the Secretary shall again suspend the | ||||||
15 | driver's license of the individual and that suspension shall | ||||||
16 | not be removed until the court has determined that there has | ||||||
17 | been sufficient compliance for a sufficient period of time with | ||||||
18 | the court's order concerning visitation and that full driving | ||||||
19 | privileges shall be reinstated. | ||||||
20 | (c) Section 7-704.1, and not this Section, governs the | ||||||
21 | duration of a driver's license suspension if the suspension | ||||||
22 | occurs as the result of a certification by the Illinois | ||||||
23 | Department of Healthcare and Family Services under subsection | ||||||
24 | (c) of Section 7-702.
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25 | (Source: P.A. 97-1047, eff. 8-21-12.)
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1 | (625 ILCS 5/7-704.1) | ||||||
2 | Sec. 7-704.1. Duration of driver's license suspension upon | ||||||
3 | certification of Department of Healthcare and Family Services. | ||||||
4 | (a) When a suspension of a driver's license occurs as the | ||||||
5 | result of a certification by the Illinois Department of | ||||||
6 | Healthcare and Family Services under subsection (c) of Section | ||||||
7 | 7-702, the suspension shall remain in effect until the | ||||||
8 | Secretary of State receives notification from the Department | ||||||
9 | that the person whose license was suspended has paid the | ||||||
10 | support delinquency in full or has arranged for payment of the | ||||||
11 | delinquency and current support obligation in a manner | ||||||
12 | satisfactory to the Department. | ||||||
13 | (b) Whenever, after one suspension of an individual's | ||||||
14 | driver's license based on certification of the Department of | ||||||
15 | Healthcare and Family Services, another certification is | ||||||
16 | received from the Department of Healthcare and Family Services, | ||||||
17 | the Secretary shall again suspend the driver's license of that | ||||||
18 | individual and that suspension shall not be removed unless the | ||||||
19 | obligor is in full compliance with the order of support and has | ||||||
20 | made full payment on all arrearages or has arranged for payment | ||||||
21 | of the arrearages and current support obligation in a manner | ||||||
22 | satisfactory to the Department. The provision in this Section | ||||||
23 | regarding the compliance necessary to remove an active | ||||||
24 | suspension applies equally to all individuals who have had a | ||||||
25 | driver's license suspended due to nonpayment of child support, | ||||||
26 | regardless of whether that suspension occurred before or after |
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1 | the effective date of this amendatory Act of the 101st General | ||||||
2 | Assembly .
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3 | (Source: P.A. 95-685, eff. 10-23-07.)".
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