SB0275sam001 97TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 3/5/2012

09700SB0275sam001 LRB097 04073 RPM 66529 a

AMENDMENT TO SENATE BILL 275

AMENDMENT NO. ______. Amend Senate Bill 275 by replacing everything after the enacting clause with the following:

"Section 5. The Civil Administrative Code of Illinois is amended by adding Section 5-715 as follows:

(20 ILCS 5/5-715 new)

Sec. 5-715. Expedited licensure for service members and spouses.

(a) In this Section, "service member" means any person who serves or has served in the United States Armed Forces or any reserve component of the United States Armed Forces or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia.

(b) Each director of a department that issues an occupational or professional license is authorized to and shall issue an expedited temporary occupational or professional license to a service member who meets the application requirements under this Section. The temporary occupational or professional license shall be valid until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the department issuing the license. The service member shall apply to the department in the format prescribed by the department. An application must include proof that:

(1) the applicant is a service member;

(2) the applicant holds a valid license for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant is assigned to a duty station in this State or has established legal residence in this State; and

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license.

(c) Each director of a department that issues an occupational or professional license is authorized to and shall issue an expedited temporary occupational or professional license to the spouse of an active duty member of the Armed Forces of the United States who meets the application requirements under this Section. The temporary occupational or professional license shall be valid until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the department issuing the license. The active duty member spouse shall apply to the department in the format prescribed by the department. An application must include proof that:

(1) the applicant is married to a service member;

(2) the applicant holds a valid license for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant's spouse is assigned to a duty station in this State or has established legal residence in this State; and

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license.

(d) Notwithstanding any other provision of law, each director of a department that issues an occupational or professional license shall issue a license to a service member or a military spouse to allow the service member or the military spouse to lawfully practice in his or her occupation or profession in this State if upon application the service member or the military spouse:

(1) holds a current license, certification, or registration from another jurisdiction, and that jurisdiction's requirements for licensure, certification, or registration are substantially equivalent to or exceed the requirements for licensure, certification, or registration of the occupational or professional licensing board for which the applicant is seeking licensure, certification, or registration in this State;

(2) can demonstrate competency in the occupation or profession through methods as determined by the director of a department that issues licenses, such as having completed continuing education units or having had recent experience for at least 2 of the 5 years preceding the date of the application under this Section;

(3) has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation or profession in this State at the time the act was committed;

(4) is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification, or permit; and

(5) pays any fees required by the occupational or professional licensing board for which the applicant is seeking licensure, certification, or registration in this State.

(e) All relevant experience of a military service member in the discharge of official duties or, for a military spouse, all relevant experience, including full-time and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in an occupation or profession as required under subsection (d) of this Section.

(f) A department may adopt any rules necessary for the implementation and administration of this Section.

Section 10. The State Fire Marshal Act is amended by adding Section 5 as follows:

(20 ILCS 2905/5 new)

Sec. 5. Expedited temporary licensure for service members and spouses.

(a) In this Section, "service member" means any person who serves or has served in the United States Armed Forces or any reserve component of the United States Armed Forces or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia.

(b) The State Fire Marshal is authorized to and shall issue an expedited temporary occupational or professional license to a service member who meets the application requirements under this Section. The temporary occupational or professional license shall be valid until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the department issuing the license. The service member shall apply to the Office in the format prescribed by the Office. An application must include proof that:

(1) the applicant is a service member;

(2) the applicant holds a valid license for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant is assigned to a duty station in this State or has established legal residence in this State; and

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license.

(c) The State Fire Marshal is authorized to and shall issue an expedited temporary occupational or professional license to the spouse of an active duty member of the Armed Forces of the United States who meets the application requirements under this Section. The temporary occupational or professional license shall be valid until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the department issuing the license. The active duty member spouse shall apply to the Office in the format prescribed by the Office. An application must include proof that:

(1) the applicant is married to a service member;

(2) the applicant holds a valid license for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant's spouse is assigned to a duty station in this State or has established legal residence in this State; and

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license.

(d) The Office may adopt any rules necessary for the implementation and administration of this Section.

Section 15. The School Code is amended by changing Section 21-11.1 as follows:

(105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)

(Section scheduled to be repealed on June 30, 2013)

Sec. 21-11.1. Certificates for equivalent qualifications. An applicant who holds or is eligible to hold a teacher's certificate or license under the laws of another state or territory of the United States may be granted a corresponding teacher's certificate in Illinois on the written authorization of the State Board of Education and the State Teacher Certification Board upon the following conditions:

(1) That the applicant is at least 19 years of age, is of good character, of good health, and a citizen of the United States or legally present and authorized for employment; and

(2) That the requirements for a similar teacher's certificate in the particular state or territory were, at the date of issuance of the certificate, substantially equal to the requirements in force at the time the application is made for the certificate in this State.

After January 1, 1988, unless the applicant is a service member or the spouse of an active duty member of the Armed Forces of the United States, in addition to satisfying the foregoing conditions and requirements, an applicant for a corresponding teaching certificate in Illinois also shall be required to pass the examinations required under the provisions of Section 21-1a as directed by the State Board of Education. For the purposes of this Section, "service member" means any person who serves or has served in the United States Armed Forces or any reserve component of the United States Armed Forces or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia.

In determining good character under this Section, any felony conviction of the applicant may be taken into consideration, but the conviction shall not operate as a bar to registration.

The State Board of Education in consultation with the State Teacher Certification Board shall prescribe rules and regulations establishing the similarity of certificates in other states and the standards for determining the equivalence of requirements.

This Section is repealed on June 30, 2013.

(Source: P.A. 97-607, eff. 8-26-11.)".