Full Text of SB0123 094th General Assembly
SB0123enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Administrative Procedure Act is | 5 |
| amended by changing
Section 10-65 as follows:
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| (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
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| Sec. 10-65. Licenses.
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| (a) When any licensing is required by law to be preceded by | 9 |
| notice and
an opportunity for a hearing, the provisions of this | 10 |
| Act concerning
contested cases shall apply.
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| (b) When a licensee has made timely and sufficient | 12 |
| application for
the renewal of a license or a new license with | 13 |
| reference to any activity
of a continuing nature, the existing | 14 |
| license shall continue in full
force and effect until the final | 15 |
| agency decision on the application has
been made unless a later | 16 |
| date is fixed by order of a reviewing court.
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| (c) Except as provided in Section 1-27 of the Department of | 18 |
| Natural
Resources Act, an application for the renewal of a | 19 |
| license or a new license
shall include the applicant's social | 20 |
| security number. Each agency shall require
the licensee to | 21 |
| certify on the
application form, under penalty of perjury, that | 22 |
| he or she is not more than
30 days delinquent in complying with | 23 |
| a child support order. Every
application shall state that | 24 |
| failure to so certify shall result in
disciplinary action, and | 25 |
| that making a false statement may subject
the licensee
to | 26 |
| contempt of court. The agency shall notify each applicant or | 27 |
| licensee
who
acknowledges a delinquency or who, contrary to his | 28 |
| or her certification, is
found to be delinquent or who after | 29 |
| receiving notice, fails to comply with a
subpoena or warrant | 30 |
| relating to a paternity or a child support proceeding,
that the | 31 |
| agency intends to take disciplinary
action. Accordingly, the | 32 |
| agency shall provide written notice of the facts
or conduct |
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| upon which the agency will rely to support its proposed action
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| and the applicant or licensee shall be given an opportunity for | 3 |
| a hearing
in accordance
with the provisions of the Act | 4 |
| concerning contested cases. Any delinquency
in complying with a | 5 |
| child support order can be remedied by arranging for
payment of | 6 |
| past due and current support. Any failure to comply with a
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| subpoena or warrant relating to a paternity or child support | 8 |
| proceeding can be
remedied by complying with the subpoena or | 9 |
| warrant. Upon a final finding of
delinquency or failure to | 10 |
| comply with a subpoena or warrant, the agency
shall suspend, | 11 |
| revoke, or refuse to issue or renew the license.
In cases in | 12 |
| which the Department of Public Aid has previously determined | 13 |
| that
an applicant or a
licensee is more than 30 days delinquent | 14 |
| in the
payment
of child support and has subsequently certified | 15 |
| the delinquency to the
licensing agency,
and in cases in which | 16 |
| a court has previously determined that an applicant or
licensee | 17 |
| has
been in violation of the Non-Support Punishment Act
for | 18 |
| more than 60 days,
the licensing agency shall refuse to issue | 19 |
| or
renew or shall
revoke or suspend that person's license based | 20 |
| solely upon the certification of
delinquency made
by
the | 21 |
| Department of Public Aid or the certification of violation made | 22 |
| by the
court. Further process, hearings, or
redetermination of | 23 |
| the delinquency or violation by the
licensing agency shall not | 24 |
| be required. The licensing agency may issue or
renew a license | 25 |
| if the licensee has arranged for payment of
past and current | 26 |
| child support obligations in a manner satisfactory to
the
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| Department of Public Aid or the court. The licensing agency may | 28 |
| impose
conditions,
restrictions, or disciplinary action upon | 29 |
| that license.
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| (d) Except as provided in subsection (c), no agency shall | 31 |
| revoke,
suspend, annul, withdraw, amend
materially, or refuse | 32 |
| to renew any valid license without first giving
written notice | 33 |
| to the licensee of the facts or conduct upon which the
agency | 34 |
| will rely to support its proposed action and an opportunity for
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| a hearing in accordance with the provisions of this Act | 36 |
| concerning
contested cases. At the hearing, the licensee shall |
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| have the right
to show compliance with all lawful requirements | 2 |
| for the retention,
continuation, or renewal of the license. If, | 3 |
| however, the agency finds
that the public interest, safety, or | 4 |
| welfare imperatively requires
emergency action, and if the | 5 |
| agency incorporates a finding to that
effect in its order, | 6 |
| summary suspension of a license may be ordered
pending | 7 |
| proceedings for revocation or other action. Those proceedings
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| shall be promptly instituted and determined.
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| (e) Any application for renewal of a license that contains
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| required and relevant information, data, material, or | 11 |
| circumstances that
were not contained in an application for the | 12 |
| existing license shall be
subject to the provisions of | 13 |
| subsection (a).
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| (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)
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| Section 10. The Department of Natural Resources Act is | 16 |
| amended by adding
Section 1-17 as follows:
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| (20 ILCS 801/1-17 new)
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| Sec. 1-17. Licenses; privacy protection.
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| (a) For purposes of this Section, "license" means a license | 20 |
| required under
Article 3 of the Wildlife Code or under Article | 21 |
| 20 of the Fish and Aquatic Life
Code.
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| (b) As soon as practicable, the Department must assign a | 23 |
| customer
identification number to each
applicant for a license. | 24 |
| After the applicant has been assigned a customer
identification | 25 |
| number, the applicant may use that customer identification
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| number in place of his or her social security number on any | 27 |
| subsequent
application for a license. The Department must keep | 28 |
| a record of the social
security number of each applicant. The | 29 |
| Department shall notify the applicant
that his or her social | 30 |
| security number is kept on file with the Department.
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| (c) A licensee's social security number shall not appear on | 32 |
| the face of his
or her license.
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