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91_HB2617
LRB9103734DJcdB
1 AN ACT concerning support, amending named Acts.
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) An application for the renewal of a license or a new
19 license shall include the applicant's social security number.
20 Each agency shall require the licensee to certify on the
21 application form, under penalty of perjury, that he or she is
22 not more than 30 days delinquent in complying with a child
23 support order. Every application shall state that failure to
24 so certify shall result in disciplinary action, and that
25 making a false statement may subject the licensee to contempt
26 of court. The agency shall notify each applicant or licensee
27 who acknowledges a delinquency or who, contrary to his or her
28 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
31 the agency intends to take disciplinary action. Accordingly,
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1 the agency shall provide written notice of the facts or
2 conduct upon which the agency will rely to support its
3 proposed action and the applicant or licensee shall be given
4 an opportunity for a hearing in accordance with the
5 provisions of the Act concerning contested cases. Any
6 delinquency in complying with a child support order can be
7 remedied by arranging for payment of past due and current
8 support. Any failure to comply with a subpoena or warrant
9 relating to a paternity or child support proceeding can be
10 remedied by complying with the subpoena or warrant. Upon a
11 final finding of delinquency or failure to comply with a
12 subpoena or warrant, the agency shall suspend, revoke, or
13 refuse to issue or renew the license. In cases in which the
14 Department of Public Aid has previously determined that an
15 applicant or a licensee is more than 30 days delinquent in
16 the payment of child support and has subsequently certified
17 the delinquency to the licensing agency, and in cases in
18 which a court has previously determined that an applicant or
19 licensee has been in violation of Section 1 of the
20 Non-Support of Spouse and Children Act for more than 60 days,
21 the licensing agency shall refuse to issue or renew or shall
22 revoke or suspend that person's license based solely upon the
23 certification of delinquency made by the Department of Public
24 Aid or the certification of violation made by the court.
25 Further process, hearings, or redetermination of the
26 delinquency or violation by the licensing agency shall not be
27 required. The licensing agency may issue or renew a license
28 if the licensee has arranged for payment of past and current
29 child support obligations in a manner satisfactory to the
30 Department of Public Aid or the court. The licensing agency
31 may impose conditions, restrictions, or disciplinary action
32 upon that license.
33 (d) Except as provided in subsection (c), no agency
34 shall revoke, suspend, annul, withdraw, amend materially, or
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1 refuse to renew any valid license without first giving
2 written notice to the licensee of the facts or conduct upon
3 which the agency will rely to support its proposed action and
4 an opportunity for a hearing in accordance with the
5 provisions of this Act concerning contested cases. At the
6 hearing, the licensee shall have the right to show compliance
7 with all lawful requirements for the retention, continuation,
8 or renewal of the license. If, however, the agency finds
9 that the public interest, safety, or welfare imperatively
10 requires emergency action, and if the agency incorporates a
11 finding to that effect in its order, summary suspension of a
12 license may be ordered pending proceedings for revocation or
13 other action. Those proceedings shall be promptly instituted
14 and determined.
15 (e) Any application for renewal of a license that
16 contains required and relevant information, data, material,
17 or circumstances that were not contained in an application
18 for the existing license shall be subject to the provisions
19 of subsection (a).
20 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
21 Section 10. The Civil Administrative Code of Illinois is
22 amended by changing Section 60 as follows:
23 (20 ILCS 2105/60) (from Ch. 127, par. 60)
24 Sec. 60. Powers and duties. The Department of
25 Professional Regulation shall have, subject to the provisions
26 of this Act, the following powers and duties:
27 1. To authorize examinations in English to ascertain the
28 qualifications and fitness of applicants to exercise the
29 profession, trade, or occupation for which the examination is
30 held.
31 2. To prescribe rules and regulations for a fair and
32 wholly impartial method of examination of candidates to
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1 exercise the respective professions, trades, or occupations.
2 3. To pass upon the qualifications of applicants for
3 licenses, certificates, and authorities, whether by
4 examination, by reciprocity, or by endorsement.
5 4. To prescribe rules and regulations defining, for the
6 respective professions, trades, and occupations, what shall
7 constitute a school, college, or university, or department of
8 a university, or other institutions, reputable and in good
9 standing and to determine the reputability and good standing
10 of a school, college, or university, or department of a
11 university, or other institution, reputable and in good
12 standing by reference to a compliance with such rules and
13 regulations: provided, that no school, college, or
14 university, or department of a university or other
15 institution that refuses admittance to applicants solely on
16 account of race, color, creed, sex, or national origin shall
17 be considered reputable and in good standing.
18 5. To conduct hearings on proceedings to revoke,
19 suspend, refuse to renew, place on probationary status, or
20 take other disciplinary action as may be authorized in any
21 licensing Act administered by the Department with regard to
22 licenses, certificates, or authorities of persons exercising
23 the respective professions, trades, or occupations, and to
24 revoke, suspend, refuse to renew, place on probationary
25 status, or take other disciplinary action as may be
26 authorized in any licensing Act administered by the
27 Department with regard to such licenses, certificates, or
28 authorities. The Department shall issue a monthly
29 disciplinary report. The Department shall deny any license
30 or renewal authorized by this Act to any person who has
31 defaulted on an educational loan or scholarship provided by
32 or guaranteed by the Illinois Student Assistance Commission
33 or any governmental agency of this State; however, the
34 Department may issue a license or renewal if the
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1 aforementioned persons have established a satisfactory
2 repayment record as determined by the Illinois Student
3 Assistance Commission or other appropriate governmental
4 agency of this State. Additionally, beginning June 1, 1996,
5 any license issued by the Department may be suspended or
6 revoked if the Department, after the opportunity for a
7 hearing under the appropriate licensing Act, finds that the
8 licensee has failed to make satisfactory repayment to the
9 Illinois Student Assistance Commission for a delinquent or
10 defaulted loan. For the purposes of this Section,
11 "satisfactory repayment record" shall be defined by rule. The
12 Department shall refuse to issue or renew a license to, or
13 shall suspend or revoke a license of, any person who, after
14 receiving notice, fails to comply with a subpoena or warrant
15 relating to a paternity or child support proceeding.
16 However, the Department may issue a license or renewal upon
17 compliance with the subpoena or warrant.
18 The Department, without further process or hearings,
19 shall revoke, suspend, or deny any license or renewal
20 authorized by this Act to a person who is certified by the
21 Illinois Department of Public Aid as being more than 30 days
22 delinquent in complying with a child support order or who is
23 certified by a court as being in violation of Section 1 of
24 the Non-Support of Spouse and Children Act for more than 60
25 days; the Department may, however, issue a license or renewal
26 if the person has established a satisfactory repayment record
27 as determined by the Illinois Department of Public Aid or if
28 the person is determined by the court to be in compliance
29 with Section 1 of the Non-Support of Spouse and Children Act.
30 The Department may implement this paragraph as added by
31 Public Act 89-6 through the use of emergency rules in
32 accordance with Section 5-45 of the Illinois Administrative
33 Procedure Act. For purposes of the Illinois Administrative
34 Procedure Act, the adoption of rules to implement this
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1 paragraph shall be considered an emergency and necessary for
2 the public interest, safety, and welfare.
3 6. To transfer jurisdiction of any realty under the
4 control of the Department to any other Department of the
5 State Government, or to acquire or accept Federal lands, when
6 such transfer, acquisition or acceptance is advantageous to
7 the State and is approved in writing by the Governor.
8 7. To formulate rules and regulations as may be
9 necessary for the enforcement of any act administered by the
10 Department.
11 8. To exchange with the Illinois Department of Public
12 Aid information that may be necessary for the enforcement of
13 child support orders entered pursuant to the Illinois Public
14 Aid Code, the Illinois Marriage and Dissolution of Marriage
15 Act, the Non-Support of Spouse and Children Act, the Revised
16 Uniform Reciprocal Enforcement of Support Act, the Uniform
17 Interstate Family Support Act, or the Illinois Parentage Act
18 of 1984. Notwithstanding any provisions in this Code to the
19 contrary, the Department of Professional Regulation shall not
20 be liable under any federal or State law to any person for
21 any disclosure of information to the Illinois Department of
22 Public Aid under this paragraph 8 or for any other action
23 taken in good faith to comply with the requirements of this
24 paragraph 8.
25 9. To perform such other duties as may be prescribed by
26 law.
27 The Department may, when a fee is payable to the
28 Department for a wall certificate of registration provided by
29 the Department of Central Management Services, require that
30 portion of the payment for printing and distribution costs be
31 made directly or through the Department, to the Department of
32 Central Management Services for deposit in the Paper and
33 Printing Revolving Fund, the remainder shall be deposited in
34 the General Revenue Fund.
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1 For the purpose of securing and preparing evidence, and
2 for the purchase of controlled substances, professional
3 services, and equipment necessary for enforcement activities,
4 recoupment of investigative costs and other activities
5 directed at suppressing the misuse and abuse of controlled
6 substances, including those activities set forth in Sections
7 504 and 508 of the Illinois Controlled Substances Act, the
8 Director and agents appointed and authorized by the Director
9 may expend such sums from the Professional Regulation
10 Evidence Fund as the Director deems necessary from the
11 amounts appropriated for that purpose and such sums may be
12 advanced to the agent when the Director deems such procedure
13 to be in the public interest. Sums for the purchase of
14 controlled substances, professional services, and equipment
15 necessary for enforcement activities and other activities as
16 set forth in this Section shall be advanced to the agent who
17 is to make such purchase from the Professional Regulation
18 Evidence Fund on vouchers signed by the Director. The
19 Director and such agents are authorized to maintain one or
20 more commercial checking accounts with any State banking
21 corporation or corporations organized under or subject to the
22 Illinois Banking Act for the deposit and withdrawal of moneys
23 to be used for the purposes set forth in this Section;
24 provided, that no check may be written nor any withdrawal
25 made from any such account except upon the written signatures
26 of 2 persons designated by the Director to write such checks
27 and make such withdrawals. Vouchers for such expenditures
28 must be signed by the Director and all such expenditures
29 shall be audited by the Director and the audit shall be
30 submitted to the Department of Central Management Services
31 for approval.
32 Whenever the Department is authorized or required by law
33 to consider some aspect of criminal history record
34 information for the purpose of carrying out its statutory
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1 powers and responsibilities, then, upon request and payment
2 of fees in conformance with the requirements of subsection 22
3 of Section 55a of the Civil Administrative Code of Illinois,
4 the Department of State Police is authorized to furnish,
5 pursuant to positive identification, such information
6 contained in State files as is necessary to fulfill the
7 request.
8 The provisions of this Section do not apply to private
9 business and vocational schools as defined by Section 1 of
10 the Private Business and Vocational Schools Act.
11 Beginning July 1, 1995, this Section does not apply to
12 those professions, trades, and occupations licensed under the
13 Real Estate License Act of 1983 nor does it apply to any
14 permits, certificates, or other authorizations to do business
15 provided for in the Land Sales Registration Act of 1989 or
16 the Illinois Real Estate Time-Share Act.
17 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
18 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
19 eff. 7-1-97.)
20 Section 15. The Non-Support of Spouse and Children Act
21 is amended by changing Section 1 as follows:
22 (750 ILCS 15/1) (from Ch. 40, par. 1101)
23 Sec. 1. Neglect or refusal to support; penalties.
24 (a) Every person who shall, without any lawful excuse,
25 neglect or refuse to provide for the support or maintenance
26 of his or her spouse, said spouse being in need of such
27 support or maintenance, or any person who shall, without
28 lawful excuse, desert or neglect or refuse to provide for the
29 support or maintenance of his or her child or children under
30 the age of 18 years, in need of such support or maintenance,
31 shall be deemed guilty of a Class A misdemeanor and shall be
32 liable under the provisions of the Illinois Public Aid Code
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1 to the Supervisor of General Assistance, the Department of
2 Human Services, or the Illinois Department of Public Aid, as
3 the case may be, in a civil action, for the amount of general
4 assistance or assistance provided to his or her spouse or
5 children, or both spouse and children.
6 (b) In addition to any other penalties imposed for a
7 violation of this Section, the court may order the offender
8 to perform community service for not less than 30 and not
9 more than 120 hours, if community service is available in the
10 jurisdiction and is funded and approved by the county board
11 of the county where the offense was committed. In addition,
12 whenever any person is placed on supervision for an alleged
13 violation of this Section, the supervision shall be
14 conditioned upon the performance of the community service.
15 (c) In addition to any other penalties imposed for a
16 violation of this Section, the court may sentence the
17 offender to service in a work alternative program
18 administered by the sheriff. The conditions of the program
19 are that the offender obtain or retain employment and
20 participate in a work alternative program administered by the
21 sheriff during nonworking hours. A portion of the
22 defendant's salary, as determined using the guidelines and
23 standards set forth in subsection (a) of Section 505 and in
24 Section 505.2 of the Illinois Marriage and Dissolution of
25 Marriage Act shall be deducted to pay for spouse or child
26 support. A person may not be required to participate in a
27 work alternative program under this subsection (c) if the
28 person is currently participating in a work program pursuant
29 to Section 12 of this Act.
30 (d) In addition to any other penalties imposed for a
31 violation of this Section, the court may order, in cases
32 where the offender has been in violation of this Section for
33 90 days or more, that the offender's Illinois driving
34 privileges be suspended until the court determines that the
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1 offender is in compliance with this Section.
2 The court may determine that the offender is in
3 compliance with this Section if the offender has agreed (i)
4 to pay all required amounts of support and maintenance as
5 determined by the court or (ii) to the garnishment of his or
6 her income for the purpose of paying those amounts.
7 The court may also order that the offender be issued a
8 family financial responsibility driving permit that would
9 allow limited driving privileges for employment and medical
10 purposes in accordance with Section 7-702.1 of the Illinois
11 Vehicle Code. The clerk of the circuit court shall certify
12 the order suspending the driving privileges of the offender
13 or granting the issuance of a family financial responsibility
14 driving permit to the Secretary of State on forms prescribed
15 by the Secretary. Upon receipt of the authenticated
16 documents, the Secretary of State shall suspend the
17 offender's driving privileges until further order of the
18 court and shall, if ordered by the court, subject to the
19 provisions of Section 7-702.1 of the Illinois Vehicle Code,
20 issue a family financial responsibility driving permit to the
21 offender.
22 (e) If the court determines that the offender has been
23 in violation of this Section for more than 60 days, the court
24 may determine whether the offender has applied for or been
25 issued a professional license by the Department of
26 Professional Regulation or another licensing agency. If the
27 court determines that the offender has applied for or been
28 issued such a license, the court may certify to the
29 Department of Professional Regulation or other licensing
30 agency that the offender has been in violation of this
31 Section for more than 60 days so that the Department or other
32 agency may take appropriate steps with respect to the license
33 or application as provided in Section 10-65 of the Illinois
34 Administrative Procedure Act and Section 60 of the Civil
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1 Administrative Code of Illinois. The court may take the
2 actions required under this subsection in addition to
3 imposing any other penalty authorized under this Section.
4 (Source: P.A. 90-733, eff. 8-11-98.)