Public Act 094-0040
 		





SB0123 Enrolled
LRB094 06288 JAM 36361 b






    AN ACT concerning government. 

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


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


 
    (5 ILCS 100/10-65)  (from Ch. 127, par. 1010-65)

    Sec. 10-65. Licenses.


    (a) When any licensing is required by law to be preceded by 
notice and
an opportunity for a hearing, the provisions of this 
Act concerning
contested cases shall apply.


    (b) When a licensee has made timely and sufficient 
application for
the renewal of a license or a new license with 
reference to any activity
of a continuing nature, the existing 
license shall continue in full
force and effect until the final 
agency decision on the application has
been made unless a later 
date is fixed by order of a reviewing court.


    (c) Except as provided in Section 1-27 of the Department of 
Natural
Resources Act, an application for the renewal of a 
license or a new license
shall include the applicant's social 
security number. Each agency shall require
the licensee to 
certify on the
application form, under penalty of perjury, that 
he or she is not more than
30 days delinquent in complying with 
a child support order.  Every
application shall state that 
failure to so certify shall result in
disciplinary action, and 
that making a false statement may subject
the licensee
to 
contempt of court.  The agency shall notify each applicant or 
licensee
who
acknowledges a delinquency or who, contrary to his 
or her certification, is
found to be delinquent or who after 
receiving notice, fails to comply with a
subpoena or warrant 
relating to a paternity or a child support proceeding,
that the 
agency intends to take disciplinary
action.  Accordingly, the 
agency shall provide written notice of the facts
or conduct 
upon which the agency will rely to support its proposed action

and the applicant or licensee shall be given an opportunity for 
a hearing
in accordance
with the provisions of the Act 
concerning contested cases.  Any delinquency
in complying with a 
child support order can be remedied by arranging for
payment of 
past due and current support.  Any failure to comply with a

subpoena or warrant relating to a paternity or child support 
proceeding can be
remedied by complying with the subpoena or 
warrant.  Upon a final finding of
delinquency or failure to 
comply with a subpoena or warrant, the agency
shall suspend, 
revoke, or refuse to issue or renew the license.
In cases in 
which the Department of Public Aid has previously determined 
that
an applicant or a
licensee is more than 30 days delinquent 
in the
payment
of child support and has subsequently certified 
the delinquency to the
licensing agency,
and in cases in which 
a court has previously determined that an applicant or
licensee 
has
been in violation of the Non-Support Punishment Act
for 
more than 60 days,
the licensing agency shall refuse to issue 
or
renew or shall
revoke or suspend that person's license based 
solely upon the certification of
delinquency made
by
the 
Department of Public Aid or the certification of violation made 
by the
court.  Further process, hearings, or
redetermination of 
the delinquency or violation by the
licensing agency shall not 
be required.   The licensing agency may issue or
renew a license 
if the licensee has arranged for payment of
past and current 
child support obligations in a manner satisfactory to
the

Department of Public Aid or the court.  The licensing agency may 
impose
conditions,
restrictions, or disciplinary action upon 
that license.


    (d) Except as provided in subsection (c), no agency shall 
revoke,
suspend, annul, withdraw, amend
materially, or refuse 
to renew any valid license without first giving
written notice 
to the licensee of the facts or conduct upon which the
agency 
will rely to support its proposed action and an opportunity for

a hearing in accordance with the provisions of this Act 
concerning
contested cases.  At the hearing, the licensee shall 
have the right
to show compliance with all lawful requirements 
for the retention,
continuation, or renewal of the license.  If, 
however, the agency finds
that the public interest, safety, or 
welfare imperatively requires
emergency action, and if the 
agency incorporates a finding to that
effect in its order, 
summary suspension of a license may be ordered
pending 
proceedings for revocation or other action.  Those proceedings

shall be promptly instituted and determined.


    (e) Any application for renewal of a license that contains

required and relevant information, data, material, or 
circumstances that
were not contained in an application for the 
existing license shall be
subject to the provisions of 
subsection (a).


(Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)


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


 
    (20 ILCS 801/1-17 new)

    Sec. 1-17. Licenses; privacy protection.

    (a) For purposes of this Section, "license" means a license 
required under
Article 3 of the Wildlife Code or under Article 
20 of the Fish and Aquatic Life
Code.

    (b) As soon as practicable, the Department must assign a 
customer
identification number to each
applicant for a license.  
After the applicant has been assigned a customer
identification 
number, the applicant may use that customer identification

number in place of his or her social security number on any 
subsequent
application for a license.  The Department must keep 
a record of the social
security number of each applicant. The 
Department shall notify the applicant
that his or her social 
security number is kept on file with the Department.

    (c) A licensee's social security number shall not appear on 
the face of his
or her license.