Illinois General Assembly - Full Text of SB3421
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Full Text of SB3421  98th General Assembly




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1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 2105-15 as follows:
6    (20 ILCS 2105/2105-15)
7    Sec. 2105-15. General powers and duties.
8    (a) The Department has, subject to the provisions of the
9Civil Administrative Code of Illinois, the following powers and
11        (1) To authorize examinations in English to ascertain
12    the qualifications and fitness of applicants to exercise
13    the profession, trade, or occupation for which the
14    examination is held.
15        (2) To prescribe rules and regulations for a fair and
16    wholly impartial method of examination of candidates to
17    exercise the respective professions, trades, or
18    occupations.
19        (3) To pass upon the qualifications of applicants for
20    licenses, certificates, and authorities, whether by
21    examination, by reciprocity, or by endorsement.
22        (4) To prescribe rules and regulations defining, for
23    the respective professions, trades, and occupations, what



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1    shall constitute a school, college, or university, or
2    department of a university, or other institution,
3    reputable and in good standing, and to determine the
4    reputability and good standing of a school, college, or
5    university, or department of a university, or other
6    institution, reputable and in good standing, by reference
7    to a compliance with those rules and regulations; provided,
8    that no school, college, or university, or department of a
9    university, or other institution that refuses admittance
10    to applicants solely on account of race, color, creed, sex,
11    or national origin shall be considered reputable and in
12    good standing.
13        (5) To conduct hearings on proceedings to revoke,
14    suspend, refuse to renew, place on probationary status, or
15    take other disciplinary action as authorized in any
16    licensing Act administered by the Department with regard to
17    licenses, certificates, or authorities of persons
18    exercising the respective professions, trades, or
19    occupations and to revoke, suspend, refuse to renew, place
20    on probationary status, or take other disciplinary action
21    as authorized in any licensing Act administered by the
22    Department with regard to those licenses, certificates, or
23    authorities. The Department shall issue a monthly
24    disciplinary report. The Department shall deny any license
25    or renewal authorized by the Civil Administrative Code of
26    Illinois to any person who has defaulted on an educational



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1    loan or scholarship provided by or guaranteed by the
2    Illinois Student Assistance Commission or any governmental
3    agency of this State; however, the Department may issue a
4    license or renewal if the aforementioned persons have
5    established a satisfactory repayment record as determined
6    by the Illinois Student Assistance Commission or other
7    appropriate governmental agency of this State.
8    Additionally, beginning June 1, 1996, any license issued by
9    the Department may be suspended or revoked if the
10    Department, after the opportunity for a hearing under the
11    appropriate licensing Act, finds that the licensee has
12    failed to make satisfactory repayment to the Illinois
13    Student Assistance Commission for a delinquent or
14    defaulted loan. For the purposes of this Section,
15    "satisfactory repayment record" shall be defined by rule.
16    The Department shall refuse to issue or renew a license to,
17    or shall suspend or revoke a license of, any person who,
18    after receiving notice, fails to comply with a subpoena or
19    warrant relating to a paternity or child support
20    proceeding. However, the Department may issue a license or
21    renewal upon compliance with the subpoena or warrant.
22        The Department, without further process or hearings,
23    shall revoke, suspend, or deny any license or renewal
24    authorized by the Civil Administrative Code of Illinois to
25    a person who is certified by the Department of Healthcare
26    and Family Services (formerly Illinois Department of



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1    Public Aid) as being more than 30 days delinquent in
2    complying with a child support order or who is certified by
3    a court as being in violation of the Non-Support Punishment
4    Act for more than 60 days. The Department may, however,
5    issue a license or renewal if the person has established a
6    satisfactory repayment record as determined by the
7    Department of Healthcare and Family Services (formerly
8    Illinois Department of Public Aid) or if the person is
9    determined by the court to be in compliance with the
10    Non-Support Punishment Act. The Department may implement
11    this paragraph as added by Public Act 89-6 through the use
12    of emergency rules in accordance with Section 5-45 of the
13    Illinois Administrative Procedure Act. For purposes of the
14    Illinois Administrative Procedure Act, the adoption of
15    rules to implement this paragraph shall be considered an
16    emergency and necessary for the public interest, safety,
17    and welfare.
18        (6) To transfer jurisdiction of any realty under the
19    control of the Department to any other department of the
20    State Government or to acquire or accept federal lands when
21    the transfer, acquisition, or acceptance is advantageous
22    to the State and is approved in writing by the Governor.
23        (7) To formulate rules and regulations necessary for
24    the enforcement of any Act administered by the Department.
25        (8) To exchange with the Department of Healthcare and
26    Family Services information that may be necessary for the



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1    enforcement of child support orders entered pursuant to the
2    Illinois Public Aid Code, the Illinois Marriage and
3    Dissolution of Marriage Act, the Non-Support of Spouse and
4    Children Act, the Non-Support Punishment Act, the Revised
5    Uniform Reciprocal Enforcement of Support Act, the Uniform
6    Interstate Family Support Act, or the Illinois Parentage
7    Act of 1984. Notwithstanding any provisions in this Code to
8    the contrary, the Department of Professional Regulation
9    shall not be liable under any federal or State law to any
10    person for any disclosure of information to the Department
11    of Healthcare and Family Services (formerly Illinois
12    Department of Public Aid) under this paragraph (8) or for
13    any other action taken in good faith to comply with the
14    requirements of this paragraph (8).
15        (8.5) To accept continuing education credit for
16    mandated reporter training on how to recognize and report
17    child abuse offered by the Department of Children and
18    Family Services and completed by any person who holds a
19    professional license issued by the Department and who is a
20    mandated reporter under the Abused and Neglected Child
21    Reporting Act. The Department shall adopt any rules
22    necessary to implement this paragraph.
23        (9) To perform other duties prescribed by law.
24    (a-5) Except in cases involving default on an educational
25loan or scholarship provided by or guaranteed by the Illinois
26Student Assistance Commission or any governmental agency of



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1this State or in cases involving delinquency in complying with
2a child support order or violation of the Non-Support
3Punishment Act, no person or entity whose license, certificate,
4or authority has been revoked as authorized in any licensing
5Act administered by the Department may apply for restoration of
6that license, certification, or authority until 3 years after
7the effective date of the revocation.
8    (b) The Department may, when a fee is payable to the
9Department for a wall certificate of registration provided by
10the Department of Central Management Services, require that
11portion of the payment for printing and distribution costs be
12made directly or through the Department to the Department of
13Central Management Services for deposit into the Paper and
14Printing Revolving Fund. The remainder shall be deposited into
15the General Revenue Fund.
16    (c) For the purpose of securing and preparing evidence, and
17for the purchase of controlled substances, professional
18services, and equipment necessary for enforcement activities,
19recoupment of investigative costs, and other activities
20directed at suppressing the misuse and abuse of controlled
21substances, including those activities set forth in Sections
22504 and 508 of the Illinois Controlled Substances Act, the
23Director and agents appointed and authorized by the Director
24may expend sums from the Professional Regulation Evidence Fund
25that the Director deems necessary from the amounts appropriated
26for that purpose. Those sums may be advanced to the agent when



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1the Director deems that procedure to be in the public interest.
2Sums for the purchase of controlled substances, professional
3services, and equipment necessary for enforcement activities
4and other activities as set forth in this Section shall be
5advanced to the agent who is to make the purchase from the
6Professional Regulation Evidence Fund on vouchers signed by the
7Director. The Director and those agents are authorized to
8maintain one or more commercial checking accounts with any
9State banking corporation or corporations organized under or
10subject to the Illinois Banking Act for the deposit and
11withdrawal of moneys to be used for the purposes set forth in
12this Section; provided, that no check may be written nor any
13withdrawal made from any such account except upon the written
14signatures of 2 persons designated by the Director to write
15those checks and make those withdrawals. Vouchers for those
16expenditures must be signed by the Director. All such
17expenditures shall be audited by the Director, and the audit
18shall be submitted to the Department of Central Management
19Services for approval.
20    (d) Whenever the Department is authorized or required by
21law to consider some aspect of criminal history record
22information for the purpose of carrying out its statutory
23powers and responsibilities, then, upon request and payment of
24fees in conformance with the requirements of Section 2605-400
25of the Department of State Police Law (20 ILCS 2605/2605-400),
26the Department of State Police is authorized to furnish,



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1pursuant to positive identification, the information contained
2in State files that is necessary to fulfill the request.
3    (e) The provisions of this Section do not apply to private
4business and vocational schools as defined by Section 15 of the
5Private Business and Vocational Schools Act of 2012.
6    (f) Beginning July 1, 1995, this Section does not apply to
7those professions, trades, and occupations licensed under the
8Real Estate License Act of 2000, nor does it apply to any
9permits, certificates, or other authorizations to do business
10provided for in the Land Sales Registration Act of 1989 or the
11Illinois Real Estate Time-Share Act.
12    (g) Notwithstanding anything that may appear in any
13individual licensing statute or administrative rule, the
14Department shall deny any license application or renewal
15authorized under any licensing Act administered by the
16Department to any person who has failed to file a return, or to
17pay the tax, penalty, or interest shown in a filed return, or
18to pay any final assessment of tax, penalty, or interest, as
19required by any tax Act administered by the Illinois Department
20of Revenue, until such time as the requirement of any such tax
21Act are satisfied; however, the Department may issue a license
22or renewal if the person has established a satisfactory
23repayment record as determined by the Illinois Department of
24Revenue. For the purpose of this Section, "satisfactory
25repayment record" shall be defined by rule.
26    In addition, a complaint filed with the Department by the



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1Illinois Department of Revenue that includes a certification,
2signed by its Director or designee, attesting to the amount of
3the unpaid tax liability or the years for which a return was
4not filed, or both, is prima facie facia evidence of the
5licensee's failure to comply with the tax laws administered by
6the Illinois Department of Revenue. Upon receipt of that
7certification, the Department shall, without a hearing,
8immediately suspend all licenses held by the licensee.
9Enforcement of the Department's order shall be stayed for 60
10days. The Department shall provide notice of the suspension to
11the licensee by mailing a copy of the Department's order by
12certified and regular mail to the licensee's last known address
13as registered with the Department. The notice shall advise the
14licensee that the suspension shall be effective 60 days after
15the issuance of the Department's order unless the Department
16receives, from the licensee, a request for a hearing before the
17Department to dispute the matters contained in the order.
18    Any suspension imposed under this subsection (g) shall be
19terminated by the Department upon notification from the
20Illinois Department of Revenue that the licensee is in
21compliance with all tax laws administered by the Illinois
22Department of Revenue.
23    The Department shall promulgate rules for the
24administration of this subsection (g).
25    (h) The Department may grant the title "Retired", to be
26used immediately adjacent to the title of a profession



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1regulated by the Department, to eligible retirees. The use of
2the title "Retired" shall not constitute representation of
3current licensure, registration, or certification. Any person
4without an active license, registration, or certificate in a
5profession that requires licensure, registration, or
6certification shall not be permitted to practice that
8    (i) Within 180 days after December 23, 2009 (the effective
9date of Public Act 96-852), the Department shall promulgate
10rules which permit a person with a criminal record, who seeks a
11license or certificate in an occupation for which a criminal
12record is not expressly a per se bar, to apply to the
13Department for a non-binding, advisory opinion to be provided
14by the Board or body with the authority to issue the license or
15certificate as to whether his or her criminal record would bar
16the individual from the licensure or certification sought,
17should the individual meet all other licensure requirements
18including, but not limited to, the successful completion of the
19relevant examinations.
20(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
2196-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)