HB5608 103RD GENERAL ASSEMBLY

LRB103 38922 RTM 69059 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5608

Introduced 2/9/2024, by Rep. Paul Jacobs

SYNOPSIS AS INTRODUCED:

New Act

Creates the Universal Recognition of Licenses Act. Defines "board". Provides that, notwithstanding any other State law to the contrary, a board in the State shall issue an occupational license or government certification to a person who holds an occupational license or government certification in another state if the person satisfies specified conditions. Provides that, notwithstanding any other State law to the contrary, a board shall issue an occupational license or government certification to a person upon application based on work experience in another state if the person satisfies specified conditions. Sets forth provisions concerning State law examinations; decisions of a board; appeals; State laws and jurisdiction; exceptions to the Act; limitations of the Act; application fees; and emergency powers. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Universal Recognition of Occupational Licenses Act.

Section 5. Definitions. As used in this Act:

"Board" means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or government certification to an individual.

"Government certification" means a voluntary, government-granted, and nontransferable recognition to an individual who meets personal qualifications related to a lawful occupation that upon the government's initial and continuing approval, the individual may use "government certified" or "state certified" as a title. "Government certification" does not mean "occupational license." "Government certification" does not include credentials, such as those used for medical-board certification or held by a certified public accountant, that are prerequisites to working lawfully in an occupation.

"Lawful occupation" means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational license.

"Military" means the Armed Forces of the United States including the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, National Guard, and all reserve components and auxiliaries. "Military" includes the military reserves and militia of any United States territory or state.

"Occupational license" is a nontransferable authorization in law for an individual to perform exclusively a lawful occupation based on meeting personal qualifications. "Occupational license" includes a military occupational specialty.

"Other state" or "another state" means any territory, or state other than this State in the United States. It also means any branch or unit of the military.

"Scope of practice" means the procedures, actions, processes and work that a person may perform under an occupational license or government certification issued in this State.

Section 10. Recognition of another occupational license or government certification.

(a) Notwithstanding any other State law to the contrary, a board shall issue an occupational license or government certification to a person upon application if all the following apply:

(1) The person holds a current and valid occupational license or government certification in another state in a lawful occupation with a similar scope of practice, as determined by the relevant board in this State;

(2) The person has held the occupational license or government certification in the other state for at least one year;

(3) The board in the other state required the person to pass an examination or to meet education, training or experience standards;

(4) The board in the other state holds the person in good standing;

(5) The person does not have a disqualifying criminal record as determined by the relevant board in this State under State law;

(6) No board in another state revoked the person's occupational license or government certification because of negligence or intentional misconduct related to the person's work in the occupation;

(7) The person did not surrender an occupational license or government certification because of negligence or intentional misconduct related to the person's work in the occupation in another state;

(8) The person does not have a complaint, allegation, or investigation pending before a board in another state which relates to unprofessional conduct or an alleged crime. If the person has a complaint, allegation, or investigation pending, then the board in this State may not issue or deny an occupational license or government certification to the person until the complaint, allegation, or investigation is resolved or the person otherwise meets the criteria for an occupational license or government certification in this State to the satisfaction of the board in this State; and

(9) The person pays all applicable fees to the State.

(b) If another state issued the person a government certification but the board in this State requires an occupational license to work, then the relevant board in this State shall issue an occupational license to the person if the person otherwise satisfies subsection (a).

Section 15. Recognition of work experience. Notwithstanding any other State law to the contrary, the board shall issue an occupational license or government certification to a person upon application based on work experience in another state if all the following apply:

(1) The person worked in a state that does not use an occupational license or government certification to regulate a lawful occupation, but the State uses an occupational license or government certification to regulate a lawful occupation with a similar scope of practice, as determined by the board;

(2) The person worked for at least 3 years in the lawful occupation; and

(3) The person satisfies paragraphs (5), (6), (7), (8), and (9) of subsection (a) of Section 10.

Section 20. State law examination. A board may require a person to pass a jurisprudential examination specific to relevant State laws that regulate the occupation if an occupational license or government certification in this State requires a person to pass a jurisprudential examination specific to relevant State statutes and administrative rules that regulate the occupation.

Section 25. Decision. The board shall provide the person with a written decision regarding the application within 30 days after receiving a complete application.

Section 30. Appeal.

(a) The person may appeal the board's decision to a court of general jurisdiction.

(b) The person may appeal the board's:

(1) denial of an occupational license or government certification;

(2) determination of the occupation;

(3) determination of the similarity of the scope of practice of the occupational license or government certification issued; or

(4) other determinations under this Act.

Section 35. State laws and jurisdiction. A person who obtains an occupational license or government certification pursuant to this chapter is subject to:

(1) the laws regulating the occupation in this State; and

(2) the jurisdiction of the relevant board in this State.

Section 40. Exception. This Act does not apply to an occupation regulated by the Illinois Supreme Court.

Section 45. Limitations.

(a) Nothing in this Act shall be construed to prohibit a person from applying for an occupational license or government certification under another statute or rule in State law.

(b) An occupational license or government certification issued pursuant to this Act is valid only in this State. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in law.

(c) Nothing in this chapter shall be construed to prevent this State from entering into a licensing compact or reciprocity agreement with another state, foreign province, or foreign country.

(d) Nothing in this chapter shall be construed to prevent this State from recognizing occupational credentials issued by a private certification organization, foreign province, foreign country, international organization, or other entity.

(e) Nothing in this Act may be construed to require a private certification organization to grant or deny private certification to any individual.

Section 50. Application fees. The board may charge a fee, not to exceed $100, to an applicant to recoup its costs for each application.

Section 55. Emergency powers.

(a) During a declared emergency, the Governor may order the recognition of an occupational license from another state or foreign country as if the license was issued by this State.

(b) The Governor may expand any license's scope of practice and may authorize any licensee to provide services in this State in person, telephonically, or by other means for the duration of the emergency.

Section 99. Effective date. This Act takes effect upon becoming law.