Full Text of SB3513 100th General Assembly
SB3513eng 100TH GENERAL ASSEMBLY |
| | SB3513 Engrossed | | LRB100 19859 LNS 35138 b |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Reference to Act. This Act may be referred to as | 5 | | 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 | 16 | | retain his or her driver's license for up to 12 months, to | 17 | | enable him or her to maintain or obtain gainful employment, | 18 | | seek self-employment, start a business, or participate in | 19 | | job training or other programs to enable the parent to | 20 | | obtain employment and pay child support. | 21 | | (2) To mitigate potential financial and relationship | 22 | | harm to children and families caused by the loss of a |
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| 1 | | parent's driving privileges. | 2 | | (3) To recognize the financial cost and difficulty of | 3 | | transporting children and families and maintaining | 4 | | employment, seeking employment or self-employment, or | 5 | | starting a business caused by a loss of driving privileges, | 6 | | while balancing the obligor's financial responsibility as | 7 | | outlined in the child support order. | 8 | | (b) In any proceeding to enforce arrearages in child | 9 | | support payments or orders, the obligor has the right to | 10 | | petition the court or child support administrative body for an | 11 | | order to stay the suspension of driver's license ("Stay Order") | 12 | | for a period of up to 12 months after the date of the Stay | 13 | | Order. As the child support arrearage accrued while the | 14 | | obligor's license had yet to be suspended, the obligor must | 15 | | prove by clear and convincing evidence that the suspension | 16 | | should be stayed and that the child support obligation will be | 17 | | paid. | 18 | | (c) The court or the child support administrative body | 19 | | shall oversee the Stay Order and shall review the Stay Order | 20 | | every 90 days to determine if the obligor has either started to | 21 | | pay child support if already employed or gains employment, made | 22 | | efforts to gain employment, or participated in job training or | 23 | | another work program towards employment, or became | 24 | | self-employed or started a business, for a period of up to 12 | 25 | | months after the date of the Stay Order, and shall have the | 26 | | discretion to extend the time of review upon good cause shown, |
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| 1 | | as indicated in subsection (h). | 2 | | (d) The court or child support administrative body shall, | 3 | | after issuance of a Stay Order: | 4 | | (1) Require that evidence of employment be presented to | 5 | | the court or child support administrative body, if the | 6 | | obligor is employed at the time that the Stay Order is | 7 | | entered, and order the obligor to either sign a wage | 8 | | garnishment or wage assignment agreement or sign a request | 9 | | to the employer for withholding of child support, in order | 10 | | to avoid license suspension. | 11 | | (2) Require that an obligor who is not employed seek | 12 | | employment, job training, or a work program through the | 13 | | Department of Employment Security and other means, and | 14 | | report to the court, in accordance with the provisions | 15 | | above, with a diary, listing, or other documentation of his | 16 | | or her efforts to gain employment in accordance with such | 17 | | order. | 18 | | (3) Require that evidence be presented to the court or | 19 | | child support administrative body, at the next hearing, if | 20 | | the obligor obtains employment, and order the obligor to | 21 | | either sign a wage garnishment or wage assignment | 22 | | agreement, or sign a request to the employer for | 23 | | withholding of child support, in order to avoid license | 24 | | suspension. | 25 | | (4) Require that evidence be presented to the court or | 26 | | child support administrative body if the obligor starts a |
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| 1 | | business or obtains income by self-employment. | 2 | | (5) Upon the receipt of proper proof by the court or | 3 | | child support administrative body of the existence of a | 4 | | business owned by the obligor, require the obligor to begin | 5 | | a process of repayment in order to avoid license | 6 | | suspension. | 7 | | (6) Require an obligor who is self-employed, or starts | 8 | | a business, to provide, on an annual basis until the child | 9 | | support is completely repaid, to an administrative agency | 10 | | designated by the court or child support administrative | 11 | | body, financial statements showing income and expenses | 12 | | from the business or the self-employment, which shall be | 13 | | treated as evidence of the income available for child | 14 | | support payments. | 15 | | (e) The court shall require clear and convincing evidence | 16 | | to adjudicate any additional issues raised by the obligor, | 17 | | including temporary disability or incapacity of the obligor and | 18 | | any reasonable efforts undertaken by the obligor to begin a | 19 | | process of repayment, modification, or reconsideration of the | 20 | | arrearage or child support order in determining whether to | 21 | | issue a Stay Order. | 22 | | (f) Any support orders entered by the court in cases | 23 | | subject to this Section shall include the status of the | 24 | | driver's license until the child support arrearages are paid. | 25 | | (g) The court or child support administrative body may | 26 | | terminate the Stay Order and order the immediate suspension of |
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| 1 | | the obligor's driver's license before the 12-month period is | 2 | | over if the obligor fails to meet any or all of the provisions | 3 | | set forth within this Section. The court may also enter | 4 | | additional sanctions against an obligor who fails to meet any | 5 | | or all of the provisions set forth within this Section. | 6 | | (h) The court or child support administrative body shall | 7 | | review the obligor's request for stay of the driver's license | 8 | | suspension every 90 days, for a period up to 12 months, and may | 9 | | make a determination as to the obligor's actual compliance and | 10 | | the obligor's efforts to comply with the order. The court or | 11 | | child support administrative body shall have the discretion to | 12 | | extend the Stay Order after the first 12-month period, upon | 13 | | good cause shown, including a good faith effort on the part of | 14 | | the obligor to pay the child support obligation, and continue | 15 | | to review the obligor's compliance with the Stay Order every 90 | 16 | | days, as provided in this Section. | 17 | | (i) If the provisions of this Section are inconsistent with | 18 | | the requirements pertaining to Sections 7-705 and 7-706 of this | 19 | | Code, the provisions of this Section control.
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