Illinois General Assembly - Full Text of SB2098
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Full Text of SB2098  93rd General Assembly

SB2098 93rd General Assembly


093_SB2098

 
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 1        AN ACT concerning natural resources.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Administrative Procedure Act is
 5    amended by changing Section 10-65 as follows:

 6        (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
 7        Sec. 10-65.  Licenses.
 8        (a)  When any licensing is required by law to be preceded
 9    by notice and an opportunity for a hearing, the provisions of
10    this Act concerning contested cases shall apply.
11        (b)  When a  licensee  has  made  timely  and  sufficient
12    application  for  the  renewal  of a license or a new license
13    with reference to any activity of a  continuing  nature,  the
14    existing  license  shall  continue  in  full force and effect
15    until the final agency decision on the application  has  been
16    made  unless  a  later  date is fixed by order of a reviewing
17    court.
18        (c)  Except as provided in Section 1-27 of the Department
19    of Natural Resources Act, an application for the renewal of a
20    license or a new license shall include the applicant's social
21    security number. Each agency shall require  the  licensee  to
22    certify  on  the  application form, under penalty of perjury,
23    that he or she  is  not  more  than  30  days  delinquent  in
24    complying  with  a  child  support  order.  Every application
25    shall state that  failure  to  so  certify  shall  result  in
26    disciplinary  action,  and  that making a false statement may
27    subject the licensee to contempt of court.  The agency  shall
28    notify   each   applicant  or  licensee  who  acknowledges  a
29    delinquency or who, contrary to his or her certification,  is
30    found  to  be delinquent or who after receiving notice, fails
31    to comply with a subpoena or warrant relating to a  paternity
 
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 1    or  a  child  support  proceeding, that the agency intends to
 2    take disciplinary  action.   Accordingly,  the  agency  shall
 3    provide written notice of the facts or conduct upon which the
 4    agency  will  rely  to  support  its  proposed action and the
 5    applicant or licensee shall be given  an  opportunity  for  a
 6    hearing   in  accordance  with  the  provisions  of  the  Act
 7    concerning contested cases.   Any  delinquency  in  complying
 8    with  a  child support order can be remedied by arranging for
 9    payment of past due and  current  support.   Any  failure  to
10    comply  with a subpoena or warrant relating to a paternity or
11    child support proceeding can be remedied  by  complying  with
12    the subpoena or warrant.  Upon a final finding of delinquency
13    or  failure  to comply with a subpoena or warrant, the agency
14    shall suspend, revoke,  or  refuse  to  issue  or  renew  the
15    license.  In  cases in which the Department of Public Aid has
16    previously determined that an applicant or a licensee is more
17    than 30 days delinquent in the payment of child  support  and
18    has  subsequently  certified the delinquency to the licensing
19    agency,  and  in  cases  in  which  a  court  has  previously
20    determined  that  an  applicant  or  licensee  has  been   in
21    violation  of the Non-Support Punishment Act for more than 60
22    days, the licensing agency shall refuse to issue or renew  or
23    shall  revoke  or  suspend that person's license based solely
24    upon the certification of delinquency made by the  Department
25    of  Public  Aid or the certification of violation made by the
26    court.  Further process, hearings, or redetermination of  the
27    delinquency or violation by the licensing agency shall not be
28    required.   The licensing agency may issue or renew a license
29    if  the licensee has arranged for payment of past and current
30    child support obligations in a  manner  satisfactory  to  the
31    Department  of Public Aid or the court.  The licensing agency
32    may impose conditions, restrictions, or  disciplinary  action
33    upon that license.
34        (d)  Except  as  provided  in  subsection  (c), no agency
 
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 1    shall revoke, suspend, annul, withdraw, amend materially,  or
 2    refuse  to  renew  any  valid  license  without  first giving
 3    written notice to the licensee of the facts or  conduct  upon
 4    which the agency will rely to support its proposed action and
 5    an   opportunity   for  a  hearing  in  accordance  with  the
 6    provisions of this Act concerning contested  cases.   At  the
 7    hearing, the licensee shall have the right to show compliance
 8    with all lawful requirements for the retention, continuation,
 9    or  renewal  of  the  license.  If, however, the agency finds
10    that the public interest,  safety,  or  welfare  imperatively
11    requires  emergency  action, and if the agency incorporates a
12    finding to that effect in its order, summary suspension of  a
13    license  may be ordered pending proceedings for revocation or
14    other action.  Those proceedings shall be promptly instituted
15    and determined.
16        (e)  Any  application  for  renewal  of  a  license  that
17    contains required and relevant information,  data,  material,
18    or  circumstances  that  were not contained in an application
19    for the existing license shall be subject to  the  provisions
20    of subsection (a).
21    (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)

22        Section  10.  The  Department of Natural Resources Act is
23    amended by adding Section 1-17 as follows:

24        (20 ILCS 801/1-17 new)
25        Sec. 1-17.  Licenses; privacy protection.
26        (a)  For purposes of  this  Section,  "license"  means  a
27    license  required  under  Article  3  of the Wildlife Code or
28    under Article 20 of the Fish and Aquatic Life Code.
29        (b)  As soon as practicable, the Department must assign a
30    customer  identification  number  to  each  applicant  for  a
31    license.  After the applicant has been  assigned  a  customer
32    identification  number,  the  applicant may use that customer
 
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 1    identification number in place of his or her social  security
 2    number  on  any  subsequent  application  for a license.  The
 3    Department must keep a record of the social  security  number
 4    of  each applicant. The Department shall notify the applicant
 5    that his or her social security number is kept on  file  with
 6    the Department.
 7        (c)  A licensee's social security number shall not appear
 8    on the face of his or her license.