Bill Amendment: IL SB1473 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VEH CD-LICENSE-CHILD SUPPORT

Status: 2019-08-09 - Public Act . . . . . . . . . 101-0336 [SB1473 Detail]

Download: Illinois-2019-SB1473-House_Amendment_001.html

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Rep. La Shawn K. Ford

Filed: 5/8/2019

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

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

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

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

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

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

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from child support orders shall bear interest thereon as
provided in Section 2-1303.
(b) Every judgment arising by operation of law from a child
support order shall bear interest as provided in this
subsection. The interest on judgments arising by operation of
law from child support orders shall be calculated by applying
one-twelfth of the current statutory interest rate as provided
in Section 2-1303 to the unpaid child support balance as of the
end of each calendar month. The unpaid child support balance at
the end of the month is the total amount of child support
ordered, excluding the child support that was due for that
month to the extent that it was not paid in that month and
including judgments for retroactive child support, less all
payments received and applied as set forth in this subsection.
The accrued interest shall not be included in the unpaid child
support balance when calculating interest at the end of the
month. The unpaid child support balance as of the end of each
month shall be determined by calculating the current monthly
child support obligation and applying all payments received for
that month, except federal income tax refund intercepts, first
to the current monthly child support obligation and then
applying any payments in excess of the current monthly child
support obligation to the unpaid child support balance owed
from previous months. The current monthly child support
obligation shall be determined from the document that
established the support obligation. Federal income tax refund

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intercepts and any payments in excess of the current monthly
child support obligation shall be applied to the unpaid child
support balance. Any payments in excess of the current monthly
child support obligation and the unpaid child support balance
shall be applied to the accrued interest on the unpaid child
support balance. Interest on child support obligations may be
collected by any means available under federal and State law,
rules, and regulations providing for the collection of child
support State law for the collection of child support
judgments.
(Source: P.A. 98-563, eff. 8-27-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".