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91_HB2617eng HB2617 Engrossed 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, HB2617 Engrossed -2- LRB9103734DJcdB 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 HB2617 Engrossed -3- LRB9103734DJcdB 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 HB2617 Engrossed -4- LRB9103734DJcdB 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 HB2617 Engrossed -5- LRB9103734DJcdB 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 HB2617 Engrossed -6- LRB9103734DJcdB 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. HB2617 Engrossed -7- LRB9103734DJcdB 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 HB2617 Engrossed -8- LRB9103734DJcdB 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 HB2617 Engrossed -9- LRB9103734DJcdB 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 HB2617 Engrossed -10- LRB9103734DJcdB 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 HB2617 Engrossed -11- LRB9103734DJcdB 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.)