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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1473 Introduced 2/13/2019, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
625 ILCS 5/7-701.5 new
Provides that the Act may be referred to the Stay of Driver's License Suspension for Child Support Arrearage Law. Amends the Illinois Vehicle Code. Includes a statement of legislative purpose. Provides that in any proceeding to enforce arrearages in child support payments or orders, the obligor shall have the right to petition the court or child support administrative body for an order to stay the suspension of driver's license ("stay order") lasting up to 12 months after the date of the stay order. Provides that the court or the child support administrative body shall oversee the stay order and shall review the stay order every 90 days to determine if the obligor has started to pay child support if already employed, gains employment, or has made specified efforts to gain employment. Provides that the court shall impose specified requirements. Adds other provisions governing: employment, business, or self-employment income; additional issues, temporary disability or incapacity; support order requirements; termination of stay order for noncompliance; stay order extensions; and other matters. Provides that if the new provisions are inconsistent with Sections of the Code pertaining to notice and hearing requirements currently in place for the suspension of a driver's license for nonpayment, the new provisions control.
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A BILL FOR
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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 Vehicle Code is amended by adding
Section 7-701.5 as follows:
(625 ILCS 5/7-701.5 new)
Sec. 7-701.5. Loss of driving privileges for nonpayment of
support; stay.
(a) The purposes of the Section are:
(1) To safeguard the best interests of children and
families by establishing procedures, in appropriate cases,
for a parent with a child support arrearage ("obligor") to
retain his or her driver's license for up to 12 months, to
enable him or her to maintain or obtain gainful employment,
seek self-employment, start a business, or participate in
job training or other programs to enable the parent to
obtain employment and pay child support.
(2) To mitigate potential financial and relationship
harm to children and families caused by the loss of a

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parent's driving privileges.
(3) To recognize the financial cost and difficulty of
transporting children and families and maintaining
employment, seeking employment or self-employment, or
starting a business caused by a loss of driving privileges,
while balancing the obligor's financial responsibility as
outlined in the child support order.
(b) In any proceeding to enforce arrearages in child
support payments or orders, the obligor has the right to
petition the court or child support administrative body for an
order to stay the suspension of driver's license ("Stay Order")
for a period of up to 12 months after the date of the Stay
Order. As the child support arrearage accrued while the
obligor's license had yet to be suspended, the obligor must
prove by clear and convincing evidence that the suspension
should be stayed and that the child support obligation will be
paid.
(c) The court or the child support administrative body
shall oversee the Stay Order and shall review the Stay Order
every 90 days to determine if the obligor has either started to
pay child support if already employed or gains employment, made
efforts to gain employment, or participated in job training or
another work program towards employment, or became
self-employed or started a business, for a period of up to 12
months after the date of the Stay Order, and shall have the
discretion to extend the time of review upon good cause shown,

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as indicated in subsection (h).
(d) The court or child support administrative body shall,
after issuance of a Stay Order:
(1) Require that evidence of employment be presented to
the court or child support administrative body, if the
obligor is employed at the time that the Stay Order is
entered, and order the obligor to either sign a wage
garnishment or wage assignment agreement or sign a request
to the employer for withholding of child support, in order
to avoid license suspension.
(2) Require that an obligor who is not employed seek
employment, job training, or a work program through the
Department of Employment Security and other means, and
report to the court, in accordance with the provisions
above, with a diary, listing, or other documentation of his
or her efforts to gain employment in accordance with such
order.
(3) Require that evidence be presented to the court or
child support administrative body, at the next hearing, if
the obligor obtains employment, and order the obligor to
either sign a wage garnishment or wage assignment
agreement, or sign a request to the employer for
withholding of child support, in order to avoid license
suspension.
(4) Require that evidence be presented to the court or
child support administrative body if the obligor starts a

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business or obtains income by self-employment.
(5) Upon the receipt of proper proof by the court or
child support administrative body of the existence of a
business owned by the obligor, require the obligor to begin
a process of repayment in order to avoid license
suspension.
(6) Require an obligor who is self-employed, or starts
a business, to provide, on an annual basis until the child
support is completely repaid, to an administrative agency
designated by the court or child support administrative
body, financial statements showing income and expenses
from the business or the self-employment, which shall be
treated as evidence of the income available for child
support payments.
(e) The court shall require clear and convincing evidence
to adjudicate any additional issues raised by the obligor,
including temporary disability or incapacity of the obligor and
any reasonable efforts undertaken by the obligor to begin a
process of repayment, modification, or reconsideration of the
arrearage or child support order in determining whether to
issue a Stay Order.
(f) Any support orders entered by the court in cases
subject to this Section shall include the status of the
driver's license until the child support arrearages are paid.
(g) The court or child support administrative body may
terminate the Stay Order and order the immediate suspension of

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the obligor's driver's license before the 12-month period is
over if the obligor fails to meet any or all of the provisions
set forth within this Section. The court may also enter
additional sanctions against an obligor who fails to meet any
or all of the provisions set forth within this Section.
(h) The court or child support administrative body shall
review the obligor's request for stay of the driver's license
suspension every 90 days, for a period up to 12 months, and may
make a determination as to the obligor's actual compliance and
the obligor's efforts to comply with the order. The court or
child support administrative body shall have the discretion to
extend the Stay Order after the first 12-month period, upon
good cause shown, including a good faith effort on the part of
the obligor to pay the child support obligation, and continue
to review the obligor's compliance with the Stay Order every 90
days, as provided in this Section.
(i) If the provisions of this Section are inconsistent with
the requirements pertaining to Sections 7-705 and 7-706 of this
Code, the provisions of this Section control.