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Public Act 101-0336
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| SB1473 Enrolled | LRB101 08905 TAE 53995 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Reference to Act. This Act may be referred to as |
the Stay of Driver's License Suspension for Child Support |
Arrearage Law.
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 10-16.5 as follows:
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(305 ILCS 5/10-16.5)
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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 |
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 |
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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.
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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 |
through the Department's IV-D agency. |
(Source: P.A. 98-563, eff. 8-27-13.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Sections 7-704 and 7-704.1 as follows:
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(625 ILCS 5/7-704)
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Sec. 7-704. Suspension to continue until compliance with |
court
order of support. |
(a) The suspension of a driver's license shall remain in
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effect unless and until the Secretary of State receives
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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.
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(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 |
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 |
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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
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support, then the Secretary shall again suspend the driver's
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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.
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(b-1) Whenever, after one suspension of an individual's |
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 |
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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.
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(Source: P.A. 97-1047, eff. 8-21-12.)
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(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 |
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 |
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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.
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(Source: P.A. 95-685, eff. 10-23-07.)
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Section 15. The Code of Civil Procedure is amended by |
changing Section 12-109 as follows:
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(735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
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Sec. 12-109. Interest on judgments. |
(a) Every judgment except those
arising by operation of law |
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 |
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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 |
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, |