Illinois General Assembly - Full Text of HB2394
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Full Text of HB2394  103rd General Assembly



HB2394 EnrolledLRB103 28365 AMQ 54745 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; this amendatory Act of
8the 103rd General Assembly. To provide for the expeditious and
9timely implementation of this amendatory Act of the 103rd
10General Assembly, emergency rules implementing this amendatory
11Act of the 103rd General Assembly may be adopted in accordance
12with Section 5-45 by the Department of Financial and
13Professional Regulation. The adoption of emergency rules
14authorized by Section 5-45 and this Section is deemed to be
15necessary for the public interest, safety, and welfare.
16    This Section is repealed one year after the effective date
17of this amendatory Act of the 103rd General Assembly.
18    Section 10. The Department of Professional Regulation Law
19of the Civil Administrative Code of Illinois is amended by
20adding Section 2105-380 as follows:
21    (20 ILCS 2105/2105-380 new)



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1    Sec. 2105-380. Extension of expiration dates or renewal
2periods for specified licenses, registrations, or
4    (a) If the Secretary finds that there is a significant
5operational need to do so or that it is necessary to do so to
6avoid undue hardship on a class of individuals whose
7professional licenses, registrations, or certificates are
8issued by the Department, then the Secretary shall extend the
9expiration date or renewal period of the license,
10registration, or certificate of those individuals for a period
11not to exceed the standard renewal period for those licenses,
12registrations, or certificates. Factors that may be considered
13by the Secretary when determining whether to extend the
14expiration date or renewal period shall include, but are not
15limited to:
16        (1) the number of applications pending;
17        (2) the percentage of applicants or licensees,
18    registrants, or certificate holders waiting for Department
19    action on their applications compared to the number of
20    licensees, registrants, or certificate holders in the
21    profession;
22        (3) the number of licenses, registrations, or
23    certificates that have expired while pending Department
24    action on renewal;
25        (4) whether there is a shortage of licensees,
26    registrants, or certificate holders providing the



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1    professional service;
2        (5) the potential impact on the Department's
3    operational budget; and
4        (6) any other licensing-related factors that are
5    deemed relevant by the Department and are prescribed by
6    rule.
7    (b) The Secretary shall waive the payment of late fees for
8a licensee, registrant, or certificate holder in a profession
9whose expiration date or renewal period has been extended
10under this Section and in those cases where Department
11processing delays result in the expiration of a license,
12registration, or certificate.
13    (c) The Department may adopt rules or emergency rules to
14implement and administer this Section.
15    (d) This Section is repealed one year after the effective
16date of this amendatory Act of the 103rd General Assembly.
17    Section 15. The Illinois Procurement Code is amended by
18adding Section 20-25.2 as follows:
19    (30 ILCS 500/20-25.2 new)
20    Sec. 20-25.2. Procurement of licensing software by the
21Department of Financial and Professional Regulation.
22    (a) Notwithstanding any other provision of this Code or
23any law to the contrary, the Department of Financial and
24Professional Regulation shall identify a method of source



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1selection that will make it possible to implement a software
2solution to support the Department's mandates to enforce the
3professional licensing Acts that it administers and rules
4adopted under those Acts. The source selection method
5identified by the Department is not limited to those otherwise
6set forth in this Code. The software solution selected by the
7Department shall electronically provide for the issuance of
8licenses, registrations, or certificates issued by the
9Department in accordance with the professional Acts and rules
10that it administers, shall provide for the electronic
11processing of license, registration, or certificate fees and
12fine payments, shall interface with third-party applications
13necessary for the fulfillment of licensing requirements, shall
14provide applicants and licensees, registrants, or certificate
15holders with online access to license, registration, or
16certificate status and history, and shall provide for
17oversight and enforcement of the professional Acts
18administered by the Department.
19    (b) The method of source selection shall be by an
20expedited, competitive process approved by the Department's
21Chief Procurement Officer. All potential contractors shall be
22registered in the Illinois Procurement Gateway vendor portal
23prior to contract execution.
24    (c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120,
2520-155, 20-160, and 25-60 and Article 50 of this Code and any
26rules adopted under those Sections and Article, this Code does



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1not apply to procurements required by this Section
2notwithstanding any other provision of this Code or any law to
3the contrary.
4    (d) The contracts for the software solution shall be
5executed no later than 90 days after the effective date of this
6amendatory Act of the 103rd General Assembly. Implementation
7of the software solution shall begin no later than 90 days
8after the contract execution date.
9    (e) The Department of Financial and Professional
10Regulation shall consult with the Department of Innovation and
11Technology to ensure the resulting contracts provide
12cybersecurity protection and are consistent with information
13technology standards as determined by the Department of
14Innovation and Technology. The term of the contracts shall not
15exceed 10 years.
16    (f) The Department of Financial and Professional
17Regulation shall publish notice of each contract entered into
18under this Section in the Procurement Bulletin within 14
19calendar days after the execution of the contract. The
20Department's Chief Procurement Officer shall prescribe the
21form and content of the notice. A copy of the contract shall be
22made available to the Department's Chief Procurement Officer
23immediately upon request.
24    (g) This Section is inoperative one year after effective
25date of this amendatory Act of the 103rd General Assembly.
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.