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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5952 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
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Amends The Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department to establish an optional license for service animal trainers and a registry for all service animals in the State that is searchable online for the public. Effective immediately.
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| | A BILL FOR |
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| | HB5952 | | LRB099 18188 SMS 42556 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Department of Professional Regulation Law of |
5 | | the
Civil Administrative Code of Illinois is amended by |
6 | | changing Section 2105-15 as follows:
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7 | | (20 ILCS 2105/2105-15)
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8 | | Sec. 2105-15. General powers and duties.
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9 | | (a) The Department has, subject to the provisions of the |
10 | | Civil
Administrative Code of Illinois, the following powers and |
11 | | duties:
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12 | | (1) To authorize examinations in English to ascertain |
13 | | the qualifications
and fitness of applicants to exercise |
14 | | the profession, trade, or occupation for
which the |
15 | | examination is held.
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16 | | (2) To prescribe rules and regulations for a fair and |
17 | | wholly
impartial method of examination of candidates to |
18 | | exercise the respective
professions, trades, or |
19 | | occupations.
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20 | | (3) To pass upon the qualifications of applicants for |
21 | | licenses,
certificates, and authorities, whether by |
22 | | examination, by reciprocity, or by
endorsement.
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23 | | (4) To prescribe rules and regulations defining, for |
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1 | | the
respective
professions, trades, and occupations, what |
2 | | shall constitute a school,
college, or university, or |
3 | | department of a university, or other
institution, |
4 | | reputable and in good standing, and to determine the
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5 | | reputability and good standing of a school, college, or |
6 | | university, or
department of a university, or other |
7 | | institution, reputable and in good
standing, by reference |
8 | | to a compliance with those rules and regulations;
provided, |
9 | | that no school, college, or university, or department of a
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10 | | university, or other institution that refuses admittance |
11 | | to applicants
solely on account of race, color, creed, sex, |
12 | | sexual orientation, or national origin shall be
considered |
13 | | reputable and in good standing.
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14 | | (5) To conduct hearings on proceedings to revoke, |
15 | | suspend, refuse to
renew, place on probationary status, or |
16 | | take other disciplinary action
as authorized in any |
17 | | licensing Act administered by the Department
with regard to |
18 | | licenses, certificates, or authorities of persons
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19 | | exercising the respective professions, trades, or |
20 | | occupations and to
revoke, suspend, refuse to renew, place |
21 | | on probationary status, or take
other disciplinary action |
22 | | as authorized in any licensing Act
administered by the |
23 | | Department with regard to those licenses,
certificates, or |
24 | | authorities. |
25 | | The Department shall issue a monthly
disciplinary |
26 | | report. |
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1 | | The Department shall deny any license or
renewal |
2 | | authorized by the Civil Administrative Code of Illinois to |
3 | | any person
who has defaulted on an
educational loan or |
4 | | scholarship provided by or guaranteed by the Illinois
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5 | | Student Assistance Commission or any governmental agency |
6 | | of this State;
however, the Department may issue a license |
7 | | or renewal if the
aforementioned persons have established a |
8 | | satisfactory repayment record as
determined by the |
9 | | Illinois Student Assistance Commission or other |
10 | | appropriate
governmental agency of this State. |
11 | | Additionally, beginning June 1, 1996,
any license issued by |
12 | | the Department may be suspended or revoked if the
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13 | | Department, after the opportunity for a hearing under the |
14 | | appropriate licensing
Act, finds that the licensee has |
15 | | failed to make satisfactory repayment to the
Illinois |
16 | | Student Assistance Commission for a delinquent or |
17 | | defaulted loan.
For the purposes of this Section, |
18 | | "satisfactory repayment record" shall be
defined by rule. |
19 | | The Department shall refuse to issue or renew a license |
20 | | to,
or shall suspend or revoke a license of, any person |
21 | | who, after receiving
notice, fails to comply with a |
22 | | subpoena or warrant relating to a paternity or
child |
23 | | support proceeding. However, the Department may issue a |
24 | | license or
renewal upon compliance with the subpoena or |
25 | | warrant.
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26 | | The Department, without further process or hearings, |
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1 | | shall revoke, suspend,
or deny any license or renewal |
2 | | authorized by the Civil Administrative Code of
Illinois to |
3 | | a person who is certified by the Department of Healthcare |
4 | | and Family Services (formerly Illinois Department of |
5 | | Public Aid)
as being more than 30 days delinquent in |
6 | | complying with a child support order
or who is certified by |
7 | | a court as being in violation of the Non-Support
Punishment |
8 | | Act for more than 60 days. The Department may, however, |
9 | | issue a
license or renewal if the person has established a |
10 | | satisfactory repayment
record as determined by the |
11 | | Department of Healthcare and Family Services (formerly
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12 | | Illinois Department of Public Aid) or if the person
is |
13 | | determined by the court to be in compliance with the |
14 | | Non-Support Punishment
Act. The Department may implement |
15 | | this paragraph as added by Public Act 89-6
through the use |
16 | | of emergency rules in accordance with Section 5-45 of the
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17 | | Illinois Administrative Procedure Act. For purposes of the |
18 | | Illinois
Administrative Procedure Act, the adoption of |
19 | | rules to implement this
paragraph shall be considered an |
20 | | emergency and necessary for the public
interest, safety, |
21 | | and welfare.
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22 | | (6) To transfer jurisdiction of any realty under the |
23 | | control of the
Department to any other department of the |
24 | | State Government or to acquire
or accept federal lands when |
25 | | the transfer, acquisition, or acceptance is
advantageous |
26 | | to the State and is approved in writing by the Governor.
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1 | | (7) To formulate rules and regulations necessary for |
2 | | the enforcement of
any Act administered by the Department.
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3 | | (8) To exchange with the Department of Healthcare and |
4 | | Family Services information
that may be necessary for the |
5 | | enforcement of child support orders entered
pursuant to the |
6 | | Illinois Public Aid Code, the Illinois Marriage and |
7 | | Dissolution
of Marriage Act, the Non-Support of Spouse and |
8 | | Children Act, the Non-Support
Punishment Act, the Revised |
9 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform |
10 | | Interstate Family Support Act, the Illinois Parentage Act |
11 | | of 1984, or the Illinois Parentage Act of 2015.
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12 | | Notwithstanding any provisions in this Code to the |
13 | | contrary, the Department of
Professional Regulation shall |
14 | | not be liable under any federal or State law to
any person |
15 | | for any disclosure of information to the Department of |
16 | | Healthcare and Family Services (formerly Illinois |
17 | | Department of
Public Aid)
under this paragraph (8) or for |
18 | | any other action taken in good faith
to comply with the |
19 | | requirements of this paragraph (8).
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20 | | (8.5) To accept continuing education credit for |
21 | | mandated reporter training on how to recognize and report |
22 | | child abuse offered by the Department of Children and |
23 | | Family Services and completed by any person who holds a |
24 | | professional license issued by the Department and who is a |
25 | | mandated reporter under the Abused and Neglected Child |
26 | | Reporting Act. The Department shall adopt any rules |
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1 | | necessary to implement this paragraph. |
2 | | (9) To perform other duties prescribed
by law.
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3 | | (a-5) Except in cases involving default on an educational |
4 | | loan or scholarship provided by or guaranteed by the Illinois |
5 | | Student Assistance Commission or any governmental agency of |
6 | | this State or in cases involving delinquency in complying with |
7 | | a child support order or violation of the Non-Support |
8 | | Punishment Act and notwithstanding anything that may appear in |
9 | | any individual licensing Act or administrative rule, no person |
10 | | or entity whose license, certificate, or authority has been |
11 | | revoked as authorized in any licensing Act administered by the |
12 | | Department may apply for restoration of that license, |
13 | | certification, or authority until 3 years after the effective |
14 | | date of the revocation. |
15 | | (b) The Department may, when a fee is payable to the |
16 | | Department for a wall
certificate of registration provided by |
17 | | the Department of Central Management
Services, require that |
18 | | portion of the payment for printing and distribution
costs be |
19 | | made directly or through the Department to the Department of |
20 | | Central
Management Services for deposit into the Paper and |
21 | | Printing Revolving Fund.
The remainder shall be deposited into |
22 | | the General Revenue Fund.
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23 | | (c) For the purpose of securing and preparing evidence, and |
24 | | for the purchase
of controlled substances, professional |
25 | | services, and equipment necessary for
enforcement activities, |
26 | | recoupment of investigative costs, and other activities
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| | HB5952 | - 7 - | LRB099 18188 SMS 42556 b |
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1 | | directed at suppressing the misuse and abuse of controlled |
2 | | substances,
including those activities set forth in Sections |
3 | | 504 and 508 of the Illinois
Controlled Substances Act, the |
4 | | Director and agents appointed and authorized by
the Director |
5 | | may expend sums from the Professional Regulation Evidence Fund
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6 | | that the Director deems necessary from the amounts appropriated |
7 | | for that
purpose. Those sums may be advanced to the agent when |
8 | | the Director deems that
procedure to be in the public interest. |
9 | | Sums for the purchase of controlled
substances, professional |
10 | | services, and equipment necessary for enforcement
activities |
11 | | and other activities as set forth in this Section shall be |
12 | | advanced
to the agent who is to make the purchase from the |
13 | | Professional Regulation
Evidence Fund on vouchers signed by the |
14 | | Director. The Director and those
agents are authorized to |
15 | | maintain one or more commercial checking accounts with
any |
16 | | State banking corporation or corporations organized under or |
17 | | subject to the
Illinois Banking Act for the deposit and |
18 | | withdrawal of moneys to be used for
the purposes set forth in |
19 | | this Section; provided, that no check may be written
nor any |
20 | | withdrawal made from any such account except upon the written
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21 | | signatures of 2 persons designated by the Director to write |
22 | | those checks and
make those withdrawals. Vouchers for those |
23 | | expenditures must be signed by the
Director. All such |
24 | | expenditures shall be audited by the Director, and the
audit |
25 | | shall be submitted to the Department of Central Management |
26 | | Services for
approval.
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1 | | (d) Whenever the Department is authorized or required by |
2 | | law to consider
some aspect of criminal history record |
3 | | information for the purpose of carrying
out its statutory |
4 | | powers and responsibilities, then, upon request and payment
of |
5 | | fees in conformance with the requirements of Section 2605-400 |
6 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), |
7 | | the Department of State
Police is authorized to furnish, |
8 | | pursuant to positive identification, the
information contained |
9 | | in State files that is necessary to fulfill the request.
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10 | | (e) The provisions of this Section do not apply to private |
11 | | business and
vocational schools as defined by Section 15 of the |
12 | | Private Business and
Vocational Schools Act of 2012.
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13 | | (f) (Blank).
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14 | | (g) Notwithstanding anything that may appear in any |
15 | | individual licensing statute or administrative rule, the |
16 | | Department shall deny any license application or renewal |
17 | | authorized under any licensing Act administered by the |
18 | | Department to any person who has failed to file a return, or to |
19 | | pay the tax, penalty, or interest shown in a filed return, or |
20 | | to pay any final assessment of tax, penalty, or interest, as |
21 | | required by any tax Act administered by the Illinois Department |
22 | | of Revenue, until such time as the requirement of any such tax |
23 | | Act are satisfied; however, the Department may issue a license |
24 | | or renewal if the person has established a satisfactory |
25 | | repayment record as determined by the Illinois Department of |
26 | | Revenue. For the purpose of this Section, "satisfactory |
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1 | | repayment record" shall be defined by rule.
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2 | | In addition, a complaint filed with the Department by the |
3 | | Illinois Department of Revenue that includes a certification, |
4 | | signed by its Director or designee, attesting to the amount of |
5 | | the unpaid tax liability or the years for which a return was |
6 | | not filed, or both, is prima facie evidence of the licensee's |
7 | | failure to comply with the tax laws administered by the |
8 | | Illinois Department of Revenue. Upon receipt of that |
9 | | certification, the Department shall, without a hearing, |
10 | | immediately suspend all licenses held by the licensee. |
11 | | Enforcement of the Department's order shall be stayed for 60 |
12 | | days. The Department shall provide notice of the suspension to |
13 | | the licensee by mailing a copy of the Department's order by |
14 | | certified and regular mail to the licensee's last known address |
15 | | as registered with the Department. The notice shall advise the |
16 | | licensee that the suspension shall be effective 60 days after |
17 | | the issuance of the Department's order unless the Department |
18 | | receives, from the licensee, a request for a hearing before the |
19 | | Department to dispute the matters contained in the order.
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20 | | Any suspension imposed under this subsection (g) shall be |
21 | | terminated by the Department upon notification from the |
22 | | Illinois Department of Revenue that the licensee is in |
23 | | compliance with all tax laws administered by the Illinois |
24 | | Department of Revenue.
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25 | | The Department may promulgate rules for the administration |
26 | | of this subsection (g).
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1 | | (h) The Department may grant the title "Retired", to be |
2 | | used immediately adjacent to the title of a profession |
3 | | regulated by the Department, to eligible retirees. For |
4 | | individuals licensed under the Medical Practice Act of 1987, |
5 | | the title "Retired" may be used in the profile required by the |
6 | | Patients' Right to Know Act. The use of the title "Retired" |
7 | | shall not constitute representation of current licensure, |
8 | | registration, or certification. Any person without an active |
9 | | license, registration, or certificate in a profession that |
10 | | requires licensure, registration, or certification shall not |
11 | | be permitted to practice that profession. |
12 | | (i) Within 180 days after December 23, 2009 (the effective |
13 | | date of Public Act 96-852), the Department shall promulgate |
14 | | rules which permit a person with a criminal record, who seeks a |
15 | | license or certificate in an occupation for which a criminal |
16 | | record is not expressly a per se bar, to apply to the |
17 | | Department for a non-binding, advisory opinion to be provided |
18 | | by the Board or body with the authority to issue the license or |
19 | | certificate as to whether his or her criminal record would bar |
20 | | the individual from the licensure or certification sought, |
21 | | should the individual meet all other licensure requirements |
22 | | including, but not limited to, the successful completion of the |
23 | | relevant examinations. |
24 | | (j) The Department shall establish a service animal |
25 | | trainers license under which a person acting as a service |
26 | | animal trainer may be, but is not required to be, licensed. The |
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1 | | Department shall also establish a registry under which all |
2 | | service animals in the State must be registered that is |
3 | | searchable online by the public. The Department may adopt rules |
4 | | necessary to enforce and administer this Section. |
5 | | For the purposes of this subsection (j), "service animal" |
6 | | means a dog or miniature horse trained or being trained as a |
7 | | hearing animal, a guide animal, an assistance animal, a seizure |
8 | | alert animal, a mobility animal, a psychiatric service animal, |
9 | | an autism service animal, or an animal trained for any other |
10 | | physical, mental, or intellectual disability. |
11 | | (Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85, |
12 | | eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised |
13 | | 10-16-15.)
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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