Full Text of HB2394 103rd General Assembly
HB2394enr 103RD GENERAL ASSEMBLY | | | HB2394 Enrolled | | LRB103 28365 AMQ 54745 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended 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 | 8 | | the 103rd General Assembly. To provide for the expeditious and | 9 | | timely implementation of this amendatory Act of the 103rd | 10 | | General Assembly, emergency rules implementing this amendatory | 11 | | Act of the 103rd General Assembly may be adopted in accordance | 12 | | with Section 5-45 by the Department of Financial and | 13 | | Professional Regulation. The adoption of emergency rules | 14 | | authorized by Section 5-45 and this Section is deemed to be | 15 | | necessary for the public interest, safety, and welfare. | 16 | | This Section is repealed one year after the effective date | 17 | | of this amendatory Act of the 103rd General Assembly. | 18 | | Section 10. The Department of Professional Regulation Law | 19 | | of the Civil Administrative Code of Illinois is amended by | 20 | | adding 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 | 2 | | periods for specified licenses, registrations, or | 3 | | certificates. | 4 | | (a) If the Secretary finds that there is a significant | 5 | | operational need to do so or that it is necessary to do so to | 6 | | avoid undue hardship on a class of individuals whose | 7 | | professional licenses, registrations, or certificates are | 8 | | issued by the Department, then the Secretary shall extend the | 9 | | expiration date or renewal period of the license, | 10 | | registration, or certificate of those individuals for a period | 11 | | not to exceed the standard renewal period for those licenses, | 12 | | registrations, or certificates. Factors that may be considered | 13 | | by the Secretary when determining whether to extend the | 14 | | expiration date or renewal period shall include, but are not | 15 | | limited 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 | 8 | | a licensee, registrant, or certificate holder in a profession | 9 | | whose expiration date or renewal period has been extended | 10 | | under this Section and in those cases where Department | 11 | | processing delays result in the expiration of a license, | 12 | | registration, or certificate. | 13 | | (c) The Department may adopt rules or emergency rules to | 14 | | implement and administer this Section. | 15 | | (d) This Section is repealed one year after the effective | 16 | | date of this amendatory Act of the 103rd General Assembly. | 17 | | Section 15. The Illinois Procurement Code is amended by | 18 | | adding 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 | 21 | | Department of Financial and Professional Regulation. | 22 | | (a) Notwithstanding any other provision of this Code or | 23 | | any law to the contrary, the Department of Financial and | 24 | | Professional Regulation shall identify a method of source |
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| 1 | | selection that will make it possible to implement a software | 2 | | solution to support the Department's mandates to enforce the | 3 | | professional licensing Acts that it administers and rules | 4 | | adopted under those Acts. The source selection method | 5 | | identified by the Department is not limited to those otherwise | 6 | | set forth in this Code. The software solution selected by the | 7 | | Department shall electronically provide for the issuance of | 8 | | licenses, registrations, or certificates issued by the | 9 | | Department in accordance with the professional Acts and rules | 10 | | that it administers, shall provide for the electronic | 11 | | processing of license, registration, or certificate fees and | 12 | | fine payments, shall interface with third-party applications | 13 | | necessary for the fulfillment of licensing requirements, shall | 14 | | provide applicants and licensees, registrants, or certificate | 15 | | holders with online access to license, registration, or | 16 | | certificate status and history, and shall provide for | 17 | | oversight and enforcement of the professional Acts | 18 | | administered by the Department. | 19 | | (b) The method of source selection shall be by an | 20 | | expedited, competitive process approved by the Department's | 21 | | Chief Procurement Officer. All potential contractors shall be | 22 | | registered in the Illinois Procurement Gateway vendor portal | 23 | | prior to contract execution. | 24 | | (c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120, | 25 | | 20-155, 20-160, and 25-60 and Article 50 of this Code and any | 26 | | rules adopted under those Sections and Article, this Code does |
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| 1 | | not apply to procurements required by this Section | 2 | | notwithstanding any other provision of this Code or any law to | 3 | | the contrary. | 4 | | (d) The contracts for the software solution shall be | 5 | | executed no later than 90 days after the effective date of this | 6 | | amendatory Act of the 103rd General Assembly. Implementation | 7 | | of the software solution shall begin no later than 90 days | 8 | | after the contract execution date. | 9 | | (e) The Department of Financial and Professional | 10 | | Regulation shall consult with the Department of Innovation and | 11 | | Technology to ensure the resulting contracts provide | 12 | | cybersecurity protection and are consistent with information | 13 | | technology standards as determined by the Department of | 14 | | Innovation and Technology. The term of the contracts shall not | 15 | | exceed 10 years. | 16 | | (f) The Department of Financial and Professional | 17 | | Regulation shall publish notice of each contract entered into | 18 | | under this Section in the Procurement Bulletin within 14 | 19 | | calendar days after the execution of the contract. The | 20 | | Department's Chief Procurement Officer shall prescribe the | 21 | | form and content of the notice. A copy of the contract shall be | 22 | | made available to the Department's Chief Procurement Officer | 23 | | immediately upon request. | 24 | | (g) This Section is inoperative one year after effective | 25 | | date of this amendatory Act of the 103rd General Assembly. | 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law. |
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