Illinois General Assembly - Full Text of HB5482
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Full Text of HB5482  100th General Assembly


Rep. Will Guzzardi

Filed: 4/6/2018





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2    AMENDMENT NO. ______. Amend House Bill 5482 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 and by adding Section 2105-140 as
8    (20 ILCS 2105/2105-15)
9    Sec. 2105-15. General powers and duties.
10    (a) The Department has, subject to the provisions of the
11Civil Administrative Code of Illinois, the following powers and
13        (1) To authorize examinations in English to ascertain
14    the qualifications and fitness of applicants to exercise
15    the profession, trade, or occupation for which the
16    examination is held.



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1        (2) To prescribe rules and regulations for a fair and
2    wholly impartial method of examination of candidates to
3    exercise the respective professions, trades, or
4    occupations.
5        (3) To pass upon the qualifications of applicants for
6    licenses, certificates, and authorities, whether by
7    examination, by reciprocity, or by endorsement.
8        (4) To prescribe rules and regulations defining, for
9    the respective professions, trades, and occupations, what
10    shall constitute a school, college, or university, or
11    department of a university, or other institution,
12    reputable and in good standing, and to determine the
13    reputability and good standing of a school, college, or
14    university, or department of a university, or other
15    institution, reputable and in good standing, by reference
16    to a compliance with those rules and regulations; provided,
17    that no school, college, or university, or department of a
18    university, or other institution that refuses admittance
19    to applicants solely on account of race, color, creed, sex,
20    sexual orientation, or national origin shall be considered
21    reputable and in good standing.
22        (5) To conduct hearings on proceedings to revoke,
23    suspend, refuse to renew, place on probationary status, or
24    take other disciplinary action as authorized in any
25    licensing Act administered by the Department with regard to
26    licenses, certificates, or authorities of persons



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1    exercising the respective professions, trades, or
2    occupations and to revoke, suspend, refuse to renew, place
3    on probationary status, or take other disciplinary action
4    as authorized in any licensing Act administered by the
5    Department with regard to those licenses, certificates, or
6    authorities.
7        The Department shall issue a monthly disciplinary
8    report.
9        The Department shall deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    any person who has defaulted on an educational loan or
12    scholarship provided by or guaranteed by the Illinois
13    Student Assistance Commission or any governmental agency
14    of this State; however, the Department may issue a license
15    or renewal if the aforementioned persons have established a
16    satisfactory repayment record as determined by the
17    Illinois Student Assistance Commission or other
18    appropriate governmental agency of this State.
19    Additionally, beginning June 1, 1996, any license issued by
20    the Department may be suspended or revoked if the
21    Department, after the opportunity for a hearing under the
22    appropriate licensing Act, finds that the licensee has
23    failed to make satisfactory repayment to the Illinois
24    Student Assistance Commission for a delinquent or
25    defaulted loan. For the purposes of this Section,
26    "satisfactory repayment record" shall be defined by rule.



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1        The Department shall refuse to issue or renew a license
2    to, or shall suspend or revoke a license of, any person
3    who, after receiving notice, fails to comply with a
4    subpoena or warrant relating to a paternity or child
5    support proceeding. However, the Department may issue a
6    license or renewal upon compliance with the subpoena or
7    warrant.
8        The Department, without further process or hearings,
9    shall revoke, suspend, or deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    a person who is certified by the Department of Healthcare
12    and Family Services (formerly Illinois Department of
13    Public Aid) as being more than 30 days delinquent in
14    complying with a child support order or who is certified by
15    a court as being in violation of the Non-Support Punishment
16    Act for more than 60 days. The Department may, however,
17    issue a license or renewal if the person has established a
18    satisfactory repayment record as determined by the
19    Department of Healthcare and Family Services (formerly
20    Illinois Department of Public Aid) or if the person is
21    determined by the court to be in compliance with the
22    Non-Support Punishment Act. The Department may implement
23    this paragraph as added by Public Act 89-6 through the use
24    of emergency rules in accordance with Section 5-45 of the
25    Illinois Administrative Procedure Act. For purposes of the
26    Illinois Administrative Procedure Act, the adoption of



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1    rules to implement this paragraph shall be considered an
2    emergency and necessary for the public interest, safety,
3    and welfare.
4        (6) To transfer jurisdiction of any realty under the
5    control of the Department to any other department of the
6    State Government or to acquire or accept federal lands when
7    the transfer, acquisition, or acceptance is advantageous
8    to the State and is approved in writing by the Governor.
9        (7) To formulate rules and regulations necessary for
10    the enforcement of any Act administered by the Department.
11        (8) To exchange with the Department of Healthcare and
12    Family Services information that may be necessary for the
13    enforcement of child support orders entered pursuant to the
14    Illinois Public Aid Code, the Illinois Marriage and
15    Dissolution of Marriage Act, the Non-Support of Spouse and
16    Children Act, the Non-Support Punishment Act, the Revised
17    Uniform Reciprocal Enforcement of Support Act, the Uniform
18    Interstate Family Support Act, the Illinois Parentage Act
19    of 1984, or the Illinois Parentage Act of 2015.
20    Notwithstanding any provisions in this Code to the
21    contrary, the Department of Professional Regulation shall
22    not be liable under any federal or State law to any person
23    for any disclosure of information to the Department of
24    Healthcare and Family Services (formerly Illinois
25    Department of Public Aid) under this paragraph (8) or for
26    any other action taken in good faith to comply with the



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1    requirements of this paragraph (8).
2        (8.5) To accept continuing education credit for
3    mandated reporter training on how to recognize and report
4    child abuse offered by the Department of Children and
5    Family Services and completed by any person who holds a
6    professional license issued by the Department and who is a
7    mandated reporter under the Abused and Neglected Child
8    Reporting Act. The Department shall adopt any rules
9    necessary to implement this paragraph.
10        (9) To perform other duties prescribed by law.
11    (a-5) Except in cases involving default on an educational
12loan or scholarship provided by or guaranteed by the Illinois
13Student Assistance Commission or any governmental agency of
14this State or in cases involving delinquency in complying with
15a child support order or violation of the Non-Support
16Punishment Act and notwithstanding anything that may appear in
17any individual licensing Act or administrative rule, no person
18or entity whose license, certificate, or authority has been
19revoked as authorized in any licensing Act administered by the
20Department may apply for restoration of that license,
21certification, or authority until 3 years after the effective
22date of the revocation.
23    (b) (Blank).
24    (c) For the purpose of securing and preparing evidence, and
25for the purchase of controlled substances, professional
26services, and equipment necessary for enforcement activities,



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1recoupment of investigative costs, and other activities
2directed at suppressing the misuse and abuse of controlled
3substances, including those activities set forth in Sections
4504 and 508 of the Illinois Controlled Substances Act, the
5Director and agents appointed and authorized by the Director
6may expend sums from the Professional Regulation Evidence Fund
7that the Director deems necessary from the amounts appropriated
8for that purpose. Those sums may be advanced to the agent when
9the Director deems that procedure to be in the public interest.
10Sums for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities
12and other activities as set forth in this Section shall be
13advanced to the agent who is to make the purchase from the
14Professional Regulation Evidence Fund on vouchers signed by the
15Director. The Director and those agents are authorized to
16maintain one or more commercial checking accounts with any
17State banking corporation or corporations organized under or
18subject to the Illinois Banking Act for the deposit and
19withdrawal of moneys to be used for the purposes set forth in
20this Section; provided, that no check may be written nor any
21withdrawal made from any such account except upon the written
22signatures of 2 persons designated by the Director to write
23those checks and make those withdrawals. Vouchers for those
24expenditures must be signed by the Director. All such
25expenditures shall be audited by the Director, and the audit
26shall be submitted to the Department of Central Management



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1Services for approval.
2    (d) Whenever the Department is authorized or required by
3law to consider some aspect of criminal history record
4information for the purpose of carrying out its statutory
5powers and responsibilities, then, upon request and payment of
6fees in conformance with the requirements of Section 2605-400
7of the Department of State Police Law (20 ILCS 2605/2605-400),
8the Department of State Police is authorized to furnish,
9pursuant to positive identification, the information contained
10in State files that is necessary to fulfill the request.
11    (e) The provisions of this Section do not apply to private
12business and vocational schools as defined by Section 15 of the
13Private Business and Vocational Schools Act of 2012.
14    (f) (Blank).
15    (f-5) Notwithstanding anything that may appear in any
16individual licensing statute or administrative rule, the
17Department shall allow an applicant to provide his or her
18individual taxpayer identification number as an alternative to
19providing a social security number when applying for a license.
20    (g) Notwithstanding anything that may appear in any
21individual licensing statute or administrative rule, the
22Department shall deny any license application or renewal
23authorized under any licensing Act administered by the
24Department to any person who has failed to file a return, or to
25pay the tax, penalty, or interest shown in a filed return, or
26to pay any final assessment of tax, penalty, or interest, as



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1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirement of any such tax
3Act are satisfied; however, the Department may issue a license
4or renewal if the person has established a satisfactory
5repayment record as determined by the Illinois Department of
6Revenue. For the purpose of this Section, "satisfactory
7repayment record" shall be defined by rule.
8    In addition, a complaint filed with the Department by the
9Illinois Department of Revenue that includes a certification,
10signed by its Director or designee, attesting to the amount of
11the unpaid tax liability or the years for which a return was
12not filed, or both, is prima facie evidence of the licensee's
13failure to comply with the tax laws administered by the
14Illinois Department of Revenue. Upon receipt of that
15certification, the Department shall, without a hearing,
16immediately suspend all licenses held by the licensee.
17Enforcement of the Department's order shall be stayed for 60
18days. The Department shall provide notice of the suspension to
19the licensee by mailing a copy of the Department's order to the
20licensee's address of record or emailing a copy of the order to
21the licensee's email address of record. The notice shall advise
22the licensee that the suspension shall be effective 60 days
23after the issuance of the Department's order unless the
24Department receives, from the licensee, a request for a hearing
25before the Department to dispute the matters contained in the



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1    Any suspension imposed under this subsection (g) shall be
2terminated by the Department upon notification from the
3Illinois Department of Revenue that the licensee is in
4compliance with all tax laws administered by the Illinois
5Department of Revenue.
6    The Department may promulgate rules for the administration
7of this subsection (g).
8    (h) The Department may grant the title "Retired", to be
9used immediately adjacent to the title of a profession
10regulated by the Department, to eligible retirees. For
11individuals licensed under the Medical Practice Act of 1987,
12the title "Retired" may be used in the profile required by the
13Patients' Right to Know Act. The use of the title "Retired"
14shall not constitute representation of current licensure,
15registration, or certification. Any person without an active
16license, registration, or certificate in a profession that
17requires licensure, registration, or certification shall not
18be permitted to practice that profession.
19    (i) Within 180 days after December 23, 2009 (the effective
20date of Public Act 96-852), the Department shall promulgate
21rules which permit a person with a criminal record, who seeks a
22license or certificate in an occupation for which a criminal
23record is not expressly a per se bar, to apply to the
24Department for a non-binding, advisory opinion to be provided
25by the Board or body with the authority to issue the license or
26certificate as to whether his or her criminal record would bar



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1the individual from the licensure or certification sought,
2should the individual meet all other licensure requirements
3including, but not limited to, the successful completion of the
4relevant examinations.
5(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
6eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
7100-262, eff. 8-22-17; revised 10-4-17.)
8    (20 ILCS 2105/2105-140 new)
9    Sec. 2105-140. Licensure; immigration status. No person
10shall be denied a license, certificate, limited permit, or
11registration issued by the Department solely based on his or
12her citizenship status or immigration status. The General
13Assembly finds and declares that this Section is a State law
14within the meaning of subsection (d) of Section 1621 of Title 8
15of the United States Code. Nothing in this Section shall affect
16the requirements to obtain a professional license that are not
17directly related to citizenship status or immigration status.
18Nothing in this Section shall be construed to grant eligibility
19for obtaining any public benefit other than a professional
20license issued by the Department.
21    Section 10. The School Code is amended by changing Section
2221B-15 as follows:
23    (105 ILCS 5/21B-15)



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1    Sec. 21B-15. Qualifications of educators.
2    (a) No one may be licensed to teach or supervise or be
3otherwise employed in the public schools of this State who is
4not of good character and at least 19 years of age.
5    In determining good character under this Section, the State
6Superintendent of Education shall take into consideration the
7disciplinary actions of other states or national entities
8against certificates or licenses issued by those states and
9held by individuals from those states. In addition, any felony
10conviction of the applicant may be taken into consideration;
11however, no one may be licensed to teach or supervise in the
12public schools of this State who has been convicted of (i) an
13offense set forth in subsection (b) of Section 21B-80 of this
14Code until 7 years following the end of the sentence for the
15criminal offense or (ii) an offense set forth in subsection (c)
16of Section 21B-80 of this Code. Unless the conviction is for an
17offense set forth in Section 21B-80 of this Code, an applicant
18must be permitted to submit character references or other
19written material before such a conviction or other information
20regarding the applicant's character may be used by the State
21Superintendent of Education as a basis for denying the
23    (b) No person otherwise qualified shall be denied the right
24to be licensed or to receive training for the purpose of
25becoming an educator because of a physical disability,
26including, but not limited to, visual and hearing disabilities;



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1nor shall any school district refuse to employ a teacher on
2such grounds, provided that the person is able to carry out the
3duties of the position for which he or she applies.
4    (c) No person may be granted or continue to hold an
5educator license who has knowingly altered or misrepresented
6his or her qualifications, in this State or any other state, in
7order to acquire or renew the license. Any other license issued
8under this Article held by the person may be suspended or
9revoked by the State Educator Preparation and Licensure Board,
10depending upon the severity of the alteration or
12    (d) No one may teach or supervise in the public schools nor
13receive for teaching or supervising any part of any public
14school fund who does not hold an educator license granted by
15the State Superintendent of Education as provided in this
16Article. However, the provisions of this Article do not apply
17to a member of the armed forces who is employed as a teacher of
18subjects in the Reserve Officers' Training Corps of any school,
19nor to an individual teaching a dual credit course as provided
20for in the Dual Credit Quality Act.
21    (e) Notwithstanding any other provision of this Code, the
22school board of a school district may grant to a teacher of the
23district a leave of absence with full pay for a period of not
24more than one year to permit the teacher to teach in a foreign
25state under the provisions of the Exchange Teacher Program
26established under Public Law 584, 79th Congress, and Public Law



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1402, 80th Congress, as amended. The school board granting the
2leave of absence may employ, with or without pay, a national of
3the foreign state wherein the teacher on the leave of absence
4is to teach if the national is qualified to teach in that
5foreign state and if that national is to teach in a grade level
6similar to the one that was taught in the foreign state. The
7State Board of Education, in consultation with the State
8Educator Preparation and Licensure Board, may adopt rules as
9may be necessary to implement this subsection (e).
10    (f) No person shall be denied a license issued under this
11Article solely based on his or her citizenship status or
12immigration status. The General Assembly finds and declares
13that this subsection (f) is a state law within the meaning of
14subsection (d) of Section 1621 of Title 8 of the United States
15Code. Nothing in this subsection shall affect the requirements
16to obtain a license that are not directly related to
17citizenship status or immigration status. Nothing in this
18subsection shall be construed to grant eligibility for
19obtaining any public benefit other than a license issued under
20this Article.
21(Source: P.A. 99-667, eff. 7-29-16; 100-13, eff. 7-1-17.)
22    Section 15. The Pharmacy Practice Act is amended by
23changing Section 6 as follows:
24    (225 ILCS 85/6)  (from Ch. 111, par. 4126)



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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 6. Each individual seeking licensure as a registered
3pharmacist shall make application to the Department and shall
4provide evidence of the following:
5        1. (blank); that he or she is a United States citizen
6    or legally admitted alien;
7        2. that he or she has not engaged in conduct or
8    behavior determined to be grounds for discipline under this
9    Act;
10        3. that he or she is a graduate of a first professional
11    degree program in pharmacy of a university recognized and
12    approved by the Department;
13        4. that he or she has successfully completed a program
14    of practice experience under the direct supervision of a
15    pharmacist in a pharmacy in this State, or in any other
16    State; and
17        5. that he or she has passed an examination recommended
18    by the Board of Pharmacy and authorized by the Department.
19    The Department shall issue a license as a registered
20pharmacist to any applicant who has qualified as aforesaid and
21who has filed the required applications and paid the required
22fees in connection therewith; and such registrant shall have
23the authority to practice the profession of pharmacy in this
25(Source: P.A. 95-689, eff. 10-29-07.)



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1    Section 20. The Attorney Act is amended by changing Section
22 as follows:
3    (705 ILCS 205/2)  (from Ch. 13, par. 2)
4    Sec. 2. Licensing of noncitizens.
5    (a) No person shall be prohibited from receiving a license
6solely based on his or her citizenship status or immigration
7status because he or she is not a citizen of the United States.
8The General Assembly finds and declares that this subsection
9(a) is a state law within the meaning of subsection (d) of
10Section 1621 of Title 8 of the United States Code.
11    (b) Nothing in this Section shall affect the requirements
12to obtain a license that are not directly related to
13citizenship status or immigration status. Nothing in this
14Section shall be construed to grant eligibility for obtaining
15any public benefit other than a license to practice law. The
16Supreme Court of this State may grant a license to a person
17who, in addition to fulfilling the requirements to practice law
18within this State, satisfies the following requirements:
19        (1) the United States Department of Homeland Security
20    has approved the person's request for Deferred Action for
21    Childhood Arrivals;
22        (2) the person's Deferred Action for Childhood
23    Arrivals has not expired or has been properly renewed; and
24        (3) the person has a current and valid employment
25    authorization document issued by the United States



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1    Citizenship and Immigration Service.
2    The General Assembly finds and declares that this
3subsection (b) is a state law within the meaning of subsection
4(d) of Section 1621 of Title 8 of the United States Code.
5    (c) The Illinois Supreme Court may promulgate any orders or
6rules necessary to implement this amendatory Act of the 100th
7General Assembly this amendatory Act of the 99th General
9(Source: P.A. 99-419, eff. 1-1-16.)".