Bill Title: Amends the Illinois Public Aid Code. Deletes language providing for the collection of interest in cases in which IV-D services are being provided. Provides instead that the Department of Healthcare and Family Services may provide, by rule, if or how the Department will enforce interest in cases in which IV-D services are being provided. Amends the Illinois Vehicle Code. Provides that the Secretary of State may remove the suspension of an individual's driver's license made pursuant to the nonpayment of child support, whether that suspension occurred before or after the effective date of the amendatory Act, if the individual has arranged for payment of the arrearages and current support obligation in a manner satisfactory to the court or the Department of Healthcare and Family Services. Provides that 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 (instead of "under State law for the collection of child support judgments"). Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0336
[SB1473 Detail]Download: Illinois-2019-SB1473-Chaptered.html
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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, |
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rules, and regulations providing for the collection of child |
support State law for the collection of child support |
judgments.
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(Source: P.A. 98-563, eff. 8-27-13.)
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