SB 1473

Abstract

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. Senate Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/7-701.5 Adds reference to: 305 ILCS 5/10-16.5 625 ILCS 5/7-704 625 ILCS 5/7-704.1 735 ILCS 5/12-109 from Ch. 110, par. 12-109 Replaces everything after the enacting clause. 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"). House Floor Amendment No. 2 Replaces everything after the enacting clause. 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.