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Rep. Marcus C. Evans, Jr.
Filed: 3/6/2023
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1 | | AMENDMENT TO HOUSE BILL 2145
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2 | | AMENDMENT NO. ______. Amend House Bill 2145 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Department of Professional Regulation Law |
5 | | of the
Civil Administrative Code of Illinois is amended by |
6 | | changing Sections 2105-15 and 2105-207 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 |
11 | | and 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 |
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1 | | wholly
impartial method of examination of candidates to |
2 | | exercise the respective
professions, trades, or |
3 | | occupations.
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4 | | (3) To pass upon the qualifications of applicants for |
5 | | licenses,
certificates, and authorities, whether by |
6 | | examination, by reciprocity, or by
endorsement.
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7 | | (4) To prescribe rules and regulations defining, for |
8 | | the
respective
professions, trades, and occupations, what |
9 | | shall constitute a school,
college, or university, or |
10 | | department of a university, or other
institution, |
11 | | reputable and in good standing, and to determine the
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12 | | reputability and good standing of a school, college, or |
13 | | university, or
department of a university, or other |
14 | | institution, reputable and in good
standing, by reference |
15 | | to a compliance with those rules and regulations;
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16 | | provided, that no school, college, or university, or |
17 | | department of a
university, or other institution that |
18 | | refuses admittance to applicants
solely on account of |
19 | | race, color, creed, sex, sexual orientation, or national |
20 | | origin shall be
considered reputable and in good standing.
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21 | | (5) To conduct hearings on proceedings to revoke, |
22 | | suspend, refuse to
renew, place on probationary status, or |
23 | | take other disciplinary action
as authorized in any |
24 | | licensing Act administered by the Department
with regard |
25 | | to licenses, certificates, or authorities of persons
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26 | | exercising the respective professions, trades, or |
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1 | | occupations and to
revoke, suspend, refuse to renew, place |
2 | | on probationary status, or take
other disciplinary action |
3 | | as authorized in any licensing Act
administered by the |
4 | | Department with regard to those licenses,
certificates, or |
5 | | authorities. |
6 | | The Department shall issue a monthly
disciplinary |
7 | | report. |
8 | | The Department shall refuse to issue or renew a |
9 | | license to,
or shall suspend or revoke a license of, any |
10 | | person who, after receiving
notice, fails to comply with a |
11 | | subpoena or warrant relating to a paternity or
child |
12 | | support proceeding. However, the Department may issue a |
13 | | license or
renewal upon compliance with the subpoena or |
14 | | warrant.
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15 | | The Department, without further process or hearings, |
16 | | shall revoke, suspend,
or deny any license or renewal |
17 | | authorized by the Civil Administrative Code of
Illinois to |
18 | | a person who is certified by the Department of Healthcare |
19 | | and Family Services (formerly Illinois Department of |
20 | | Public Aid)
as being more than 30 days delinquent in |
21 | | complying with a child support order
or who is certified |
22 | | by a court as being in violation of the Non-Support
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23 | | Punishment Act for more than 60 days. The Department may, |
24 | | however, issue a
license or renewal if the person has |
25 | | established a satisfactory repayment
record as determined |
26 | | by the Department of Healthcare and Family Services |
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1 | | (formerly
Illinois Department of Public Aid) or if the |
2 | | person
is determined by the court to be in compliance with |
3 | | the Non-Support Punishment
Act. The Department may |
4 | | implement this paragraph as added by Public Act 89-6
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5 | | through the use of emergency rules in accordance with |
6 | | Section 5-45 of the
Illinois Administrative Procedure Act. |
7 | | For purposes of the Illinois
Administrative Procedure Act, |
8 | | the adoption of rules to implement this
paragraph shall be |
9 | | considered an emergency and necessary for the public
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10 | | interest, safety, and welfare.
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11 | | (6) To transfer jurisdiction of any realty under the |
12 | | control of the
Department to any other department of the |
13 | | State Government or to acquire
or accept federal lands |
14 | | when the transfer, acquisition, or acceptance is
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15 | | advantageous to the State and is approved in writing by |
16 | | the Governor.
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17 | | (7) To formulate rules and regulations necessary for |
18 | | the enforcement of
any Act administered by the Department.
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19 | | (8) To exchange with the Department of Healthcare and |
20 | | Family Services information
that may be necessary for the |
21 | | enforcement of child support orders entered
pursuant to |
22 | | the Illinois Public Aid Code, the Illinois Marriage and |
23 | | Dissolution
of Marriage Act, the Non-Support of Spouse and |
24 | | Children Act, the Non-Support
Punishment Act, the Revised |
25 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform |
26 | | Interstate Family Support Act, the Illinois Parentage Act |
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1 | | of 1984, or the Illinois Parentage Act of 2015.
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2 | | Notwithstanding any provisions in this Code to the |
3 | | contrary, the Department of
Professional Regulation shall |
4 | | not be liable under any federal or State law to
any person |
5 | | for any disclosure of information to the Department of |
6 | | Healthcare and Family Services (formerly Illinois |
7 | | Department of
Public Aid)
under this paragraph (8) or for |
8 | | any other action taken in good faith
to comply with the |
9 | | requirements of this paragraph (8).
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10 | | (8.3) To exchange information with the Department of |
11 | | Human Rights regarding recommendations received under |
12 | | paragraph (B) of Section 8-109 of the Illinois Human |
13 | | Rights Act regarding a licensee or candidate for licensure |
14 | | who has committed a civil rights violation that may lead |
15 | | to the refusal, suspension, or revocation of a license |
16 | | from the Department. |
17 | | (8.5) To accept continuing education credit for |
18 | | mandated reporter training on how to recognize and report |
19 | | child abuse offered by the Department of Children and |
20 | | Family Services and completed by any person who holds a |
21 | | professional license issued by the Department and who is a |
22 | | mandated reporter under the Abused and Neglected Child |
23 | | Reporting Act. The Department shall adopt any rules |
24 | | necessary to implement this paragraph. |
25 | | (9) To perform other duties prescribed
by law.
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26 | | (a-5) Except in cases involving delinquency in complying |
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1 | | with a child support order or violation of the Non-Support |
2 | | Punishment Act and notwithstanding anything that may appear in |
3 | | any individual licensing Act or administrative rule, no person |
4 | | or entity whose license, certificate, or authority has been |
5 | | revoked as authorized in any licensing Act administered by the |
6 | | Department may apply for restoration of that license, |
7 | | certification, or authority until 3 years after the effective |
8 | | date of the revocation. |
9 | | (b) (Blank).
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10 | | (c) For the purpose of securing and preparing evidence, |
11 | | and for the purchase
of controlled substances, professional |
12 | | services, and equipment necessary for
enforcement activities, |
13 | | recoupment of investigative costs, and other activities
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14 | | directed at suppressing the misuse and abuse of controlled |
15 | | substances,
including those activities set forth in Sections |
16 | | 504 and 508 of the Illinois
Controlled Substances Act, the |
17 | | Director and agents appointed and authorized by
the Director |
18 | | may expend sums from the Professional Regulation Evidence Fund
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19 | | that the Director deems necessary from the amounts |
20 | | appropriated for that
purpose. Those sums may be advanced to |
21 | | the agent when the Director deems that
procedure to be in the |
22 | | public interest. Sums for the purchase of controlled
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23 | | substances, professional services, and equipment necessary for |
24 | | enforcement
activities and other activities as set forth in |
25 | | this Section shall be advanced
to the agent who is to make the |
26 | | purchase from the Professional Regulation
Evidence Fund on |
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1 | | vouchers signed by the Director. The Director and those
agents |
2 | | are authorized to maintain one or more commercial checking |
3 | | accounts with
any State banking corporation or corporations |
4 | | organized under or subject to the
Illinois Banking Act for the |
5 | | deposit and withdrawal of moneys to be used for
the purposes |
6 | | set forth in this Section; provided, that no check may be |
7 | | written
nor any withdrawal made from any such account except |
8 | | upon the written
signatures of 2 persons designated by the |
9 | | Director to write those checks and
make those withdrawals. |
10 | | Vouchers for those expenditures must be signed by the
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11 | | Director. All such expenditures shall be audited by the |
12 | | Director, and the
audit shall be submitted to the Department |
13 | | of Central Management Services for
approval.
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14 | | (d) Whenever the Department is authorized or required by |
15 | | law to consider
some aspect of criminal history record |
16 | | information for the purpose of carrying
out its statutory |
17 | | powers and responsibilities, then, upon request and payment
of |
18 | | fees in conformance with the requirements of Section 2605-400 |
19 | | of the Illinois
State Police Law, the Illinois State
Police is |
20 | | authorized to furnish, pursuant to positive identification, |
21 | | the
information contained in State files that is necessary to |
22 | | fulfill the request.
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23 | | (e) The provisions of this Section do not apply to private |
24 | | business and
vocational schools as defined by Section 15 of |
25 | | the Private Business and
Vocational Schools Act of 2012.
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26 | | (f) (Blank).
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1 | | (f-5) Notwithstanding anything that may appear in any |
2 | | individual licensing statute or administrative rule, the |
3 | | Department shall allow an applicant to provide his or her |
4 | | individual taxpayer identification number as an alternative to |
5 | | providing a social security number when applying for a |
6 | | license. |
7 | | (g) Notwithstanding anything that may appear in any |
8 | | individual licensing statute or administrative rule, the |
9 | | Department shall deny any license application or renewal |
10 | | authorized under any licensing Act administered by the |
11 | | Department to any person who has failed to file a return, or to |
12 | | pay the tax, penalty, or interest shown in a filed return, or |
13 | | to pay any final assessment of tax, penalty, or interest, as |
14 | | required by any tax Act administered by the Illinois |
15 | | Department of Revenue, until such time as the requirement of |
16 | | any such tax Act are satisfied; however, the Department may |
17 | | issue a license or renewal if the person has established a |
18 | | satisfactory repayment record as determined by the Illinois |
19 | | Department of Revenue. For the purpose of this Section, |
20 | | "satisfactory repayment record" shall be defined by rule.
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21 | | In addition, a complaint filed with the Department by the |
22 | | Illinois Department of Revenue that includes a certification, |
23 | | signed by its Director or designee, attesting to the amount of |
24 | | the unpaid tax liability or the years for which a return was |
25 | | not filed, or both, is prima facie evidence of the licensee's |
26 | | failure to comply with the tax laws administered by the |
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1 | | Illinois Department of Revenue. Upon receipt of that |
2 | | certification, the Department shall, without a hearing, |
3 | | immediately suspend all licenses held by the licensee. |
4 | | Enforcement of the Department's order shall be stayed for 60 |
5 | | days. The Department shall provide notice of the suspension to |
6 | | the licensee by mailing a copy of the Department's order to the |
7 | | licensee's address of record or emailing a copy of the order to |
8 | | the licensee's email address of record. The notice shall |
9 | | advise the licensee that the suspension shall be effective 60 |
10 | | days after the issuance of the Department's order unless the |
11 | | Department receives, from the licensee, a request for a |
12 | | hearing before the Department to dispute the matters contained |
13 | | in the order.
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14 | | Any suspension imposed under this subsection (g) shall be |
15 | | terminated by the Department upon notification from the |
16 | | Illinois Department of Revenue that the licensee is in |
17 | | compliance with all tax laws administered by the Illinois |
18 | | Department of Revenue.
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19 | | The Department may promulgate rules for the administration |
20 | | of this subsection (g).
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21 | | (g-5) Notwithstanding anything that may appear in any |
22 | | individual licensing statute or administrative rule, the |
23 | | Department shall refuse the issuance or renewal of a license |
24 | | to, or suspend or revoke the license of, any individual, |
25 | | corporation, partnership, or other business entity that has |
26 | | been found by the Illinois Workers' Compensation Commission or |
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1 | | the Department of Insurance to have failed to (i) secure |
2 | | workers' compensation obligations in the manner required by |
3 | | subsections (a) and (b) of Section 4 of the Workers' |
4 | | Compensation Act, (ii) pay in full a fine or penalty imposed |
5 | | due to a failure to secure workers' compensation obligations |
6 | | in the manner required by subsections (a) and (b) of Section 4 |
7 | | of the Workers' Compensation Act, or (iii) fulfill all |
8 | | obligations assumed pursuant to a settlement reached with the |
9 | | Illinois Workers' Compensation Commission or the Department of |
10 | | Insurance relating to a failure to secure workers' |
11 | | compensation obligations in the manner required by subsections |
12 | | (a) and (b) of Section 4 of the Workers' Compensation Act. No |
13 | | initial or renewal license shall be issued, and no suspended |
14 | | license shall be reinstated, until such time that the |
15 | | Department is notified by the Illinois Workers' Compensation |
16 | | Commission or the Department of Insurance that the licensee's |
17 | | or applicant's failure to comply with subsections (a) and (b) |
18 | | of Section 4 of the Workers' Compensation Act has been |
19 | | corrected or otherwise resolved to satisfaction of the |
20 | | Illinois Workers' Compensation Commission or the Department of |
21 | | Insurance. |
22 | | In addition, a complaint filed with the Department by the |
23 | | Illinois Workers' Compensation Commission or the Department of |
24 | | Insurance that includes a certification, signed by its |
25 | | Director or Chairman, or the Director or Chairman's designee, |
26 | | attesting to a finding of the failure to secure workers' |
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1 | | compensation obligations in the manner required by subsections |
2 | | (a) and (b) of Section 4 of the Workers' Compensation Act or |
3 | | the failure to pay any fines or penalties or to discharge any |
4 | | obligation under a settlement relating to the failure to |
5 | | secure workers' compensation obligations in the manner |
6 | | required by subsections (a) and (b) of Section 4 of the |
7 | | Workers' Compensation Act is prima facie evidence of the |
8 | | licensee's or applicant's failure to comply with subsections |
9 | | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon |
10 | | receipt of that certification, the Department shall, without a |
11 | | hearing, immediately suspend all licenses held by the licensee |
12 | | or the processing of any application from the applicant. |
13 | | Enforcement of the Department's order shall be stayed for 60 |
14 | | days. The Department shall provide notice of the suspension to |
15 | | the licensee by mailing a copy of the Department's order to the |
16 | | licensee's address of record or emailing a copy of the order to |
17 | | the licensee's email address of record. The notice shall |
18 | | advise the licensee that the suspension shall be effective 60 |
19 | | days after the issuance of the Department's order unless the |
20 | | Department receives from the licensee or applicant a request |
21 | | for a hearing before the Department to dispute the matters |
22 | | contained in the order. |
23 | | Any suspension imposed under this subsection shall be |
24 | | terminated by the Department upon notification from the |
25 | | Illinois Workers' Compensation Commission or the Department of |
26 | | Insurance that the licensee's or applicant's failure to comply |
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1 | | with subsections (a) and (b) of Section 4 of the Workers' |
2 | | Compensation Act has been corrected or otherwise resolved to |
3 | | the satisfaction of the Illinois Workers' Compensation |
4 | | Commissions or the Department of Insurance. |
5 | | No license shall be suspended or revoked until after the |
6 | | licensee is afforded any due process protection guaranteed by |
7 | | statute or rule adopted by the Workers' Compensation |
8 | | Commission or the Department of Insurance. |
9 | | The Department may adopt rules for the administration of |
10 | | this subsection. |
11 | | (h) The Department may grant the title "Retired", to be |
12 | | used immediately adjacent to the title of a profession |
13 | | regulated by the Department, to eligible retirees. For |
14 | | individuals licensed under the Medical Practice Act of 1987, |
15 | | the title "Retired" may be used in the profile required by the |
16 | | Patients' Right to Know Act. The use of the title "Retired" |
17 | | shall not constitute representation of current licensure, |
18 | | registration, or certification. Any person without an active |
19 | | license, registration, or certificate in a profession that |
20 | | requires licensure, registration, or certification shall not |
21 | | be permitted to practice that profession. |
22 | | (i) The Department shall make available on its website |
23 | | general information explaining how the Department utilizes |
24 | | criminal history information in making licensure application |
25 | | decisions, including a list of enumerated offenses that serve |
26 | | as a statutory bar to licensure. |
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1 | | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; |
2 | | 102-538, eff. 8-20-21.)
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3 | | (20 ILCS 2105/2105-207) |
4 | | Sec. 2105-207. Records of Department actions. |
5 | | (a) Any licensee subject to a licensing Act administered |
6 | | by the Department Division of Professional Regulation and who |
7 | | has been subject to disciplinary action by the Department may |
8 | | file an application with the Department on forms provided by |
9 | | the Department, along with the required fee of $175, to have |
10 | | the records classified as confidential, not for public |
11 | | release, and considered expunged for reporting purposes if: |
12 | | (1) the application is submitted more than 3 years |
13 | | after the disciplinary offense or offenses occurred or |
14 | | after restoration of the license, whichever is later; |
15 | | (2) the licensee has had no incidents of discipline |
16 | | under the licensing Act since the disciplinary offense or |
17 | | offenses identified in the application occurred; |
18 | | (3) the Department has no pending investigations |
19 | | against the licensee; and |
20 | | (4) the licensee is not currently in a disciplinary |
21 | | status. |
22 | | (b) An application to make disciplinary records |
23 | | confidential shall only be considered by the Department for an |
24 | | offense or action relating to: |
25 | | (1) failure to pay taxes; |
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1 | | (2) continuing education; |
2 | | (3) failure to renew a license on time; |
3 | | (4) failure to obtain or renew a certificate of |
4 | | registration or ancillary license; |
5 | | (5) advertising; |
6 | | (5.1) discipline based on criminal charges or |
7 | | convictions: |
8 | | (A) that did not arise from the licensed activity |
9 | | and was unrelated to the licensed activity; or |
10 | | (B) that were dismissed or for which records have |
11 | | been sealed or expunged; |
12 | | (5.2) past probationary status of a license issued to |
13 | | new applicants on the sole or partial basis of prior |
14 | | convictions; or |
15 | | (6) any grounds for discipline removed from the |
16 | | licensing Act ; . |
17 | | (7) failure to comply with workers' compensation |
18 | | requirements; or |
19 | | (8) reprimand of a licensee. |
20 | | (c) An application shall be submitted to and considered by |
21 | | the Director of the Division of Professional Regulation upon |
22 | | submission of an application and the required non-refundable |
23 | | fee. The Department may establish additional requirements by |
24 | | rule. The Department is not required to report the removal of |
25 | | any disciplinary record to any national database. Nothing in |
26 | | this Section shall prohibit the Department from using a |
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1 | | previous discipline for any regulatory purpose or from |
2 | | releasing records of a previous discipline upon request from |
3 | | law enforcement, or other governmental body as permitted by |
4 | | law. Classification of records as confidential shall result in |
5 | | removal of records of discipline from records kept pursuant to |
6 | | Sections 2105-200 and 2105-205 of this Act.
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7 | | (d) Any applicant for licensure or a licensee whose |
8 | | petition for review is granted by the Department pursuant to |
9 | | subsection (a-1) of Section 2105-165 of this Law may file an |
10 | | application with the Department on forms provided by the |
11 | | Department to have records relating to his or her permanent |
12 | | denial or permanent revocation classified as confidential and |
13 | | not for public release and considered expunged for reporting |
14 | | purposes in the same manner and under the same terms as is |
15 | | provided in this Section for the offenses listed in subsection |
16 | | (b) of this Section, except that the requirements of a 3-year |
17 | | 7-year waiting period and the $175 $200 application fee do not |
18 | | apply. |
19 | | (Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; |
20 | | 100-863, eff. 8-14-18; 100-872, eff. 8-14-18.) |
21 | | Section 10. The Asbestos Abatement Act is amended by |
22 | | changing Section 10a as follows:
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23 | | (105 ILCS 105/10a) (from Ch. 122, par. 1410a)
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24 | | Sec. 10a. Licensing. No inspector, management
planner, |
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1 | | project designer, project manager, air sampling professional,
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2 | | asbestos abatement contractor, worker or project supervisor |
3 | | may be employed
as a response action contractor unless that |
4 | | individual or entity is
licensed by the Department. Those |
5 | | individuals and entities wishing to be
licensed shall make |
6 | | application on forms prescribed and furnished by the
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7 | | Department. A license shall expire annually according to a |
8 | | schedule
determined by the Department. Applications for |
9 | | renewal of licenses shall
be filed with the Department at |
10 | | least 30 days before the expiration date.
When a licensure |
11 | | examination is required, the application for licensure
shall |
12 | | be submitted to the Department at least 30 days prior to the |
13 | | date of
the scheduled examination. The Department shall |
14 | | evaluate each application
based on its minimum standards for |
15 | | licensure, promulgated as rules, and
render a decision. Such |
16 | | standards may include a requirement for the
successful |
17 | | completion of a course of training approved by the Department.
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18 | | If the Department denies the application, the applicant may |
19 | | appeal such
decision pursuant to the provisions of the |
20 | | "Administrative Review Law".
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21 | | The Department, upon notification by the Illinois Workers' |
22 | | Compensation Commission or the Department of Insurance, shall |
23 | | refuse the issuance or renewal of a license to, or suspend or |
24 | | revoke the license of, any individual, corporation, |
25 | | partnership, or other business entity that has been found by |
26 | | the Illinois Workers' Compensation Commission or the |
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1 | | Department of Insurance to have failed: |
2 | | (a) to secure workers' compensation obligations in the |
3 | | manner required by subsections (a) and (b) of Section 4 of |
4 | | the Workers' Compensation Act; |
5 | | (b) to pay in full a fine or penalty imposed by the |
6 | | Illinois Workers' Compensation Commission or the |
7 | | Department of Insurance due to a failure to secure |
8 | | workers' compensation obligations in the manner required |
9 | | by subsections (a) and (b) of Section 4 of the Workers' |
10 | | Compensation Act; or |
11 | | (c) to fulfill all obligations assumed pursuant to any |
12 | | settlement reached with the Illinois Workers' Compensation |
13 | | Commission or the Department of Insurance due to a failure |
14 | | to secure workers' compensation obligations in the manner |
15 | | required by subsections (a) and (b) of Section 4 of the |
16 | | Workers' Compensation Act. |
17 | | A complaint filed with the Department by the Illinois |
18 | | Workers' Compensation Commission or the Department of |
19 | | Insurance that includes a certification, signed by its |
20 | | Director or Chairman, or the Director or Chairman's designee, |
21 | | attesting to a finding of the failure to secure workers' |
22 | | compensation obligations in the manner required by subsections |
23 | | (a) and (b) of Section 4 of the Workers' Compensation Act or |
24 | | the failure to pay any fines or penalties or to discharge any |
25 | | obligation under a settlement relating to the failure to |
26 | | secure workers' compensation obligations in the manner |
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1 | | required by subsections (a) and (b) of Section 4 of the |
2 | | Workers' Compensation Act is prima facie evidence of the |
3 | | licensee's or applicant's failure to comply with subsections |
4 | | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon |
5 | | receipt of that certification, the Department shall, without a |
6 | | hearing, immediately suspend all licenses held by the licensee |
7 | | or the processing of any application from the applicant. |
8 | | Enforcement of the Department's order shall be stayed for 60 |
9 | | days. The Department shall provide notice of the suspension to |
10 | | the licensee by mailing a copy of the Department's order to the |
11 | | licensee's or applicant's address of record or emailing a copy |
12 | | of the order to the licensee's or applicant's email address of |
13 | | record. The notice shall advise the licensee or applicant that |
14 | | the suspension shall be effective 60 days after the issuance |
15 | | of the order unless the Department receives, from the licensee |
16 | | or applicant, a request for a hearing before the Department to |
17 | | dispute the matters contained in the order. |
18 | | Upon receiving notice from the Illinois Workers' |
19 | | Compensation Commission or the Department of Insurance that |
20 | | the violation has been corrected or otherwise resolved, the |
21 | | Department shall vacate the order suspending a licensee's |
22 | | license or the processing of an applicant's application. |
23 | | No license shall be suspended or revoked until after the |
24 | | licensee is afforded any due process protection guaranteed by |
25 | | statute or rule adopted by the Workers' Compensation |
26 | | Commission or the Department of Insurance. |
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1 | | (Source: P.A. 86-416.)
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2 | | Section 15. The Lead Poisoning Prevention Act is amended |
3 | | by changing Section 8.1 as follows:
|
4 | | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
|
5 | | Sec. 8.1. Licensing of lead inspectors and lead risk |
6 | | assessors.
|
7 | | (a) The Department shall establish standards and
licensing |
8 | | procedures for lead inspectors and lead risk assessors. An |
9 | | integral element of these
procedures shall be an education and |
10 | | training program prescribed by the
Department which shall |
11 | | include but not be limited to scientific sampling,
chemistry, |
12 | | and construction techniques. No person shall make inspections |
13 | | or risk assessments
without first being licensed by the |
14 | | Department. The penalty for inspection or risk assessment
|
15 | | without a license shall be a Class A misdemeanor and an |
16 | | administrative fine.
|
17 | | (b) The Department shall charge licensed lead inspectors |
18 | | and lead risk assessors reasonable license
fees and the fees |
19 | | shall be placed in the Lead Poisoning Screening,
Prevention, |
20 | | and Abatement Fund and used to fund the Department's licensing
|
21 | | of lead inspectors and lead risk assessors and any other |
22 | | activities prescribed by this Act. A licensed lead
inspector |
23 | | or lead risk assessor employed by the Department or its |
24 | | delegate agency shall not be
charged a license fee.
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1 | | (c) The Department, upon notification by the Illinois |
2 | | Workers' Compensation Commission or the Department of |
3 | | Insurance, shall refuse the issuance or renewal of a license |
4 | | to, or suspend or revoke the license of, of any individual, |
5 | | corporation, partnership, or other business entity that has |
6 | | been found by the Illinois Workers' Compensation Commission or |
7 | | the Department of Insurance to have failed: |
8 | | (1) to secure workers' compensation obligations in the |
9 | | manner required by subsections (a) and (b) of Section 4 of |
10 | | the Workers' Compensation Act; |
11 | | (2) to pay in full a fine or penalty imposed by the |
12 | | Illinois Workers' Compensation Commission or the |
13 | | Department of Insurance due to a failure to secure |
14 | | workers' compensation obligations in the manner required |
15 | | by subsections (a) and (b) of Section 4 of the Workers' |
16 | | Compensation Act; or |
17 | | (3) to fulfill all obligations assumed pursuant to any |
18 | | settlement reached with the Illinois Workers' Compensation |
19 | | Commission or the Department of Insurance due to a failure |
20 | | to secure workers' compensation obligations in the manner |
21 | | required by subsections (a) and (b) of Section 4 of the |
22 | | Workers' Compensation Act. |
23 | | A complaint filed with the Department by the Illinois |
24 | | Workers' Compensation Commission or the Department of |
25 | | Insurance that includes a certification, signed by its |
26 | | Director or Chairman or designee, attesting to a finding of |
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1 | | the failure to secure workers' compensation obligations in the |
2 | | manner required by subsections (a) and (b) of Section 4 of the |
3 | | Workers' Compensation Act or the failure to pay any fines or |
4 | | penalties or to discharge any obligation under a settlement |
5 | | relating to the failure to secure workers' compensation |
6 | | obligations in the manner required by subsections (a) and (b) |
7 | | of Section 4 of the Workers' Compensation Act is prima facie |
8 | | evidence of the licensee's or applicant's failure to comply |
9 | | with subsections (a) and (b) of Section 4 of the Workers' |
10 | | Compensation Act. Upon receipt of that certification, the |
11 | | Department shall, without a hearing, immediately suspend all |
12 | | licenses held by the licensee or the processing of any |
13 | | application from the applicant. Enforcement of the |
14 | | Department's order shall be stayed for 60 days. The Department |
15 | | shall provide notice of the suspension to the licensee by |
16 | | mailing a copy of the Department's order to the licensee's or |
17 | | applicant's address of record or emailing a copy of the order |
18 | | to the licensee's or applicant's email address of record. The |
19 | | notice shall advise the licensee or applicant that the |
20 | | suspension shall be effective 60 days after the issuance of |
21 | | the order unless the Department receives, from the licensee or |
22 | | applicant, a request for a hearing before the Department to |
23 | | dispute the matters contained in the order. |
24 | | Upon receiving notice from the Illinois Workers' |
25 | | Compensation Commission or the Department of Insurance that |
26 | | the violation has been corrected or otherwise resolved, the |
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1 | | Department shall vacate the order suspending a licensee's |
2 | | license or the processing of an applicant's application. |
3 | | No license shall be suspended or revoked until after the |
4 | | licensee is afforded any due process protection guaranteed by |
5 | | statute or rule adopted by the Workers' Compensation |
6 | | Commission or the Department of Insurance. |
7 | | (Source: P.A. 98-690, eff. 1-1-15 .)
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8 | | Section 20. The Illinois Plumbing License Law is amended |
9 | | by changing Section 13.1 as follows:
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10 | | (225 ILCS 320/13.1)
|
11 | | Sec. 13.1. Plumbing contractors; registration; |
12 | | applications.
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13 | | (1) On and after May 1, 2002, all persons or corporations |
14 | | desiring to
engage in
the
business of plumbing contractor, |
15 | | other than any entity that maintains an
audited net worth of |
16 | | shareholders' equity equal to or exceeding $100,000,000,
shall
|
17 | | register in accordance with the
provisions of this
Act.
|
18 | | (2) Application for registration shall be filed with the |
19 | | Department each
year, on
or before the last day of
September, |
20 | | in writing and on forms
prepared and
furnished by the |
21 | | Department. All plumbing contractor registrations expire
on |
22 | | the last
day of
September of each year.
|
23 | | (3) Applications shall contain the name, address, and |
24 | | telephone number of
the
person and the plumbing license of (i) |
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1 | | the individual, if a sole
proprietorship; (ii) the
partner, if |
2 | | a partnership; or (iii) an officer, if a corporation. The
|
3 | | application shall contain
the business name, address, and |
4 | | telephone number, a current copy of the
plumbing
license, and |
5 | | any other information the Department may require by rule.
|
6 | | (4) Applicants shall submit an original certificate of |
7 | | insurance
documenting that
the contractor carries general |
8 | | liability insurance with a minimum of $100,000
per
occurrence, |
9 | | a minimum of $300,000 aggregate
for bodily injury,
property |
10 | | damage insurance with a minimum of $50,000 or a minimum of |
11 | | $300,000
combined single limit, and workers compensation
|
12 | | insurance with a minimum $500,000 employer's liability. No |
13 | | registration
may be issued in the
absence of this
certificate. |
14 | | Certificates must be in force at all times for registration to
|
15 | | remain valid.
|
16 | | (5) Applicants shall submit, on a form provided by the |
17 | | Department, an
indemnification bond in the amount of $20,000 |
18 | | or a letter of credit in the same
amount
for work performed in |
19 | | accordance with this Act and the rules promulgated under
this |
20 | | Act.
|
21 | | (5.5) The Department, upon notification by the Illinois |
22 | | Workers' Compensation Commission or the Department of |
23 | | Insurance, shall refuse the issuance or renewal of a license |
24 | | to, or suspend or revoke the license of, any individual, |
25 | | corporation, partnership, or other business entity that has |
26 | | been found by the Illinois Workers' Compensation Commission or |
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1 | | the Department of Insurance to have failed: |
2 | | (a) to secure workers' compensation obligations in the |
3 | | manner required by subsections (a) and (b) of Section 4 of |
4 | | the Workers' Compensation Act; |
5 | | (b) to pay in full a fine or penalty imposed by the |
6 | | Illinois Workers' Compensation Commission or the |
7 | | Department of Insurance due to a failure to secure |
8 | | workers' compensation obligations in the manner required |
9 | | by subsections (a) and (b) of Section 4 of the Workers' |
10 | | Compensation Act; or |
11 | | (c) to fulfill all obligations assumed pursuant to any |
12 | | settlement reached with the Illinois Workers' Compensation |
13 | | Commission or the Department of Insurance due to a failure |
14 | | to secure workers' compensation obligations in the manner |
15 | | required by subsections (a) and (b) of Section 4 of the |
16 | | Workers' Compensation Act. |
17 | | A complaint filed with the Department by the Illinois |
18 | | Workers' Compensation Commission or the Department of |
19 | | Insurance that includes a certification, signed by its |
20 | | Director or Chairman or designee, attesting to a finding of |
21 | | the failure to secure workers' compensation obligations in the |
22 | | manner required by subsections (a) and (b) of Section 4 of the |
23 | | Workers' Compensation Act or the failure to pay any fines or |
24 | | penalties or to discharge any obligation under a settlement |
25 | | relating to the failure to secure workers' compensation |
26 | | obligations in the manner required by subsections (a) and (b) |
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1 | | of Section 4 of the Workers' Compensation Act is prima facie |
2 | | evidence of the licensee's or applicant's failure to comply |
3 | | with subsections (a) and (b) of Section 4 of the Workers' |
4 | | Compensation Act. Upon receipt of that certification, the |
5 | | Department shall, without a hearing, immediately suspend all |
6 | | licenses held by the licensee or the processing of any |
7 | | application from the applicant. Enforcement of the |
8 | | Department's order shall be stayed for 60 days. The Department |
9 | | shall provide notice of the suspension to the licensee by |
10 | | mailing a copy of the Department's order to the licensee's or |
11 | | applicant's address of record or emailing a copy of the order |
12 | | to the licensee's or applicant's email address of record. The |
13 | | notice shall advise the licensee or applicant that the |
14 | | suspension shall be effective 60 days after the issuance of |
15 | | the order unless the Department receives, from the licensee or |
16 | | applicant, a request for a hearing before the Department to |
17 | | dispute the matters contained in the order. |
18 | | Upon receiving notice from the Illinois Workers' |
19 | | Compensation Commission or the Department of Insurance that |
20 | | the violation has been corrected or otherwise resolved, the |
21 | | Department shall vacate the order suspending a licensee's |
22 | | license or the processing of an applicant's application. |
23 | | No license shall be suspended or revoked until after the |
24 | | licensee is afforded any due process protection guaranteed by |
25 | | statute or rule adopted by the Workers' Compensation |
26 | | Commission or the Department of Insurance. |
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1 | | (6) All employees of a registered
plumbing
contractor who |
2 | | engage in plumbing work shall be licensed plumbers or |
3 | | apprentice
plumbers in accordance with this Act.
|
4 | | (7) Plumbing contractors shall submit an annual |
5 | | registration fee in an
amount to
be established by rule.
|
6 | | (8) The Department shall be notified in advance of any |
7 | | changes in the
business
structure, name, or location or of the |
8 | | addition or deletion of the owner or
officer who is the
|
9 | | licensed plumber listed on the application. Failure to notify |
10 | | the Department
of this
information is grounds for suspension |
11 | | or revocation of the plumbing
contractor's
registration.
|
12 | | (9) In the event that the plumber's license on the |
13 | | application for
registration of a
plumbing contractor is a |
14 | | license issued by the City of Chicago, it shall be the
|
15 | | responsibility of the
applicant to forward a copy of the |
16 | | plumber's license to the Department, noting
the name of the
|
17 | | registered
plumbing contractor, when it is renewed. In the |
18 | | event that the plumbing contractor's registration is suspended |
19 | | or revoked, the Department shall notify the City of Chicago |
20 | | and any corresponding plumbing contractor's license issued by |
21 | | the City of Chicago shall be suspended or revoked.
|
22 | | (Source: P.A. 97-365, eff. 1-1-12.)
|
23 | | Section 99. Effective date. This Act takes effect January |
24 | | 1, 2024.".
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