Public Act 101-0336
 
SB1473 EnrolledLRB101 08905 TAE 53995 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
 
    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 
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 
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 
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 
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 
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 
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 
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.