HB2394sam002 103RD GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 11/6/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2394

2    AMENDMENT NO. ______. Amend House Bill 2394, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by adding Section 5-45.35 as follows:
 
7    (5 ILCS 100/5-45.35 new)
8    Sec. 5-45.35. Emergency rulemaking; this amendatory Act of
9the 103rd General Assembly. To provide for the expeditious and
10timely implementation of this amendatory Act of the 103rd
11General Assembly, emergency rules implementing this amendatory
12Act of the 103rd General Assembly may be adopted in accordance
13with Section 5-45 by the Department of Financial and
14Professional Regulation. The adoption of emergency rules
15authorized by Section 5-45 and this Section is deemed to be
16necessary for the public interest, safety, and welfare.

 

 

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1    This Section is repealed one year after the effective date
2of this amendatory Act of the 103rd General Assembly.
 
3    Section 10. The Department of Professional Regulation Law
4of the Civil Administrative Code of Illinois is amended by
5adding Section 2105-380 as follows:
 
6    (20 ILCS 2105/2105-380 new)
7    Sec. 2105-380. Extension of expiration dates or renewal
8periods for specified licenses, registrations, or
9certificates.
10    (a) If the Secretary finds that there is a significant
11operational need to do so or that it is necessary to do so to
12avoid undue hardship on a class of individuals whose
13professional licenses, registrations, or certificates are
14issued by the Department, then the Secretary shall extend the
15expiration date or renewal period of the license,
16registration, or certificate of those individuals for a period
17not to exceed the standard renewal period for those licenses,
18registrations, or certificates. Factors that may be considered
19by the Secretary when determining whether to extend the
20expiration date or renewal period shall include, but are not
21limited to:
22        (1) the number of applications pending;
23        (2) the percentage of applicants or licensees,
24    registrants, or certificate holders waiting for Department

 

 

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1    action on their applications compared to the number of
2    licensees, registrants, or certificate holders in the
3    profession;
4        (3) the number of licenses, registrations, or
5    certificates that have expired while pending Department
6    action on renewal;
7        (4) whether there is a shortage of licensees,
8    registrants, or certificate holders providing the
9    professional service;
10        (5) the potential impact on the Department's
11    operational budget; and
12        (6) any other licensing-related factors that are
13    deemed relevant by the Department and are prescribed by
14    rule.
15    (b) The Secretary shall waive the payment of late fees for
16a licensee, registrant, or certificate holder in a profession
17whose expiration date or renewal period has been extended
18under this Section and in those cases where Department
19processing delays result in the expiration of a license,
20registration, or certificate.
21    (c) The Department may adopt rules or emergency rules to
22implement and administer this Section.
23    (d) This Section is repealed one year after the effective
24date of this amendatory Act of the 103rd General Assembly.
 
25    Section 15. The Illinois Procurement Code is amended by

 

 

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1adding Section 20-25.2 as follows:
 
2    (30 ILCS 500/20-25.2 new)
3    Sec. 20-25.2. Procurement of licensing software by the
4Department of Financial and Professional Regulation.
5    (a) Notwithstanding any other provision of this Code or
6any law to the contrary, the Department of Financial and
7Professional Regulation shall identify a method of source
8selection that will make it possible to implement a software
9solution to support the Department's mandates to enforce the
10professional licensing Acts that it administers and rules
11adopted under those Acts. The source selection method
12identified by the Department is not limited to those otherwise
13set forth in this Code. The software solution selected by the
14Department shall electronically provide for the issuance of
15licenses, registrations, or certificates issued by the
16Department in accordance with the professional Acts and rules
17that it administers, shall provide for the electronic
18processing of license, registration, or certificate fees and
19fine payments, shall interface with third-party applications
20necessary for the fulfillment of licensing requirements, shall
21provide applicants and licensees, registrants, or certificate
22holders with online access to license, registration, or
23certificate status and history, and shall provide for
24oversight and enforcement of the professional Acts
25administered by the Department.

 

 

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1    (b) The method of source selection shall be by an
2expedited, competitive process approved by the Department's
3Chief Procurement Officer. All potential contractors shall be
4registered in the Illinois Procurement Gateway vendor portal
5prior to contract execution.
6    (c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120,
720-155, 20-160, and 25-60 and Article 50 of this Code and any
8rules adopted under those Sections and Article, this Code does
9not apply to procurements required by this Section
10notwithstanding any other provision of this Code or any law to
11the contrary.
12    (d) The contracts for the software solution shall be
13executed no later than 90 days after the effective date of this
14amendatory Act of the 103rd General Assembly. Implementation
15of the software solution shall begin no later than 90 days
16after the contract execution date.
17    (e) The Department of Financial and Professional
18Regulation shall consult with the Department of Innovation and
19Technology to ensure the resulting contracts provide
20cybersecurity protection and are consistent with information
21technology standards as determined by the Department of
22Innovation and Technology. The term of the contracts shall not
23exceed 10 years.
24    (f) The Department of Financial and Professional
25Regulation shall publish notice of each contract entered into
26under this Section in the Procurement Bulletin within 14

 

 

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1calendar days after the execution of the contract. The
2Department's Chief Procurement Officer shall prescribe the
3form and content of the notice. A copy of the contract shall be
4made available to the Department's Chief Procurement Officer
5immediately upon request.
6    (g) This Section is inoperative one year after effective
7date of this amendatory Act of the 103rd General Assembly.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".