093_SB2098
LRB093 13164 BDD 18427 b
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.