Full Text of SB3421 98th General Assembly
SB3421enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended 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 | 9 | | Civil
Administrative Code of Illinois, the following powers and | 10 | | duties:
| 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 | 25 | | loan or scholarship provided by or guaranteed by the Illinois | 26 | | Student Assistance Commission or any governmental agency of |
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| 1 | | this State or in cases involving delinquency in complying with | 2 | | a child support order or violation of the Non-Support | 3 | | Punishment Act, no person or entity whose license, certificate, | 4 | | or authority has been revoked as authorized in any licensing | 5 | | Act administered by the Department may apply for restoration of | 6 | | that license, certification, or authority until 3 years after | 7 | | the effective date of the revocation. | 8 | | (b) The Department may, when a fee is payable to the | 9 | | Department for a wall
certificate of registration provided by | 10 | | the Department of Central Management
Services, require that | 11 | | portion of the payment for printing and distribution
costs be | 12 | | made directly or through the Department to the Department of | 13 | | Central
Management Services for deposit into the Paper and | 14 | | Printing Revolving Fund.
The remainder shall be deposited into | 15 | | the General Revenue Fund.
| 16 | | (c) For the purpose of securing and preparing evidence, and | 17 | | for the purchase
of controlled substances, professional | 18 | | services, and equipment necessary for
enforcement activities, | 19 | | recoupment of investigative costs, and other activities
| 20 | | directed at suppressing the misuse and abuse of controlled | 21 | | substances,
including those activities set forth in Sections | 22 | | 504 and 508 of the Illinois
Controlled Substances Act, the | 23 | | Director and agents appointed and authorized by
the Director | 24 | | may expend sums from the Professional Regulation Evidence Fund
| 25 | | that the Director deems necessary from the amounts appropriated | 26 | | for that
purpose. Those sums may be advanced to the agent when |
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| 1 | | the Director deems that
procedure to be in the public interest. | 2 | | Sums for the purchase of controlled
substances, professional | 3 | | services, and equipment necessary for enforcement
activities | 4 | | and other activities as set forth in this Section shall be | 5 | | advanced
to the agent who is to make the purchase from the | 6 | | Professional Regulation
Evidence Fund on vouchers signed by the | 7 | | Director. The Director and those
agents are authorized to | 8 | | maintain one or more commercial checking accounts with
any | 9 | | State banking corporation or corporations organized under or | 10 | | subject to the
Illinois Banking Act for the deposit and | 11 | | withdrawal of moneys to be used for
the purposes set forth in | 12 | | this Section; provided, that no check may be written
nor any | 13 | | withdrawal made from any such account except upon the written
| 14 | | signatures of 2 persons designated by the Director to write | 15 | | those checks and
make those withdrawals. Vouchers for those | 16 | | expenditures must be signed by the
Director. All such | 17 | | expenditures shall be audited by the Director, and the
audit | 18 | | shall be submitted to the Department of Central Management | 19 | | Services for
approval.
| 20 | | (d) Whenever the Department is authorized or required by | 21 | | law to consider
some aspect of criminal history record | 22 | | information for the purpose of carrying
out its statutory | 23 | | powers and responsibilities, then, upon request and payment
of | 24 | | fees in conformance with the requirements of Section 2605-400 | 25 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), | 26 | | the Department of State
Police is authorized to furnish, |
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| 1 | | pursuant to positive identification, the
information contained | 2 | | in State files that is necessary to fulfill the request.
| 3 | | (e) The provisions of this Section do not apply to private | 4 | | business and
vocational schools as defined by Section 15 of the | 5 | | Private Business and
Vocational Schools Act of 2012.
| 6 | | (f) Beginning July 1, 1995, this Section does not apply to | 7 | | those
professions, trades, and occupations licensed under the | 8 | | Real Estate License
Act of 2000, nor does it apply to any | 9 | | permits, certificates, or other
authorizations to do business | 10 | | provided for in the Land Sales Registration Act
of 1989 or the | 11 | | Illinois Real Estate Time-Share Act.
| 12 | | (g) Notwithstanding anything that may appear in any | 13 | | individual licensing statute or administrative rule, the | 14 | | Department shall deny any license application or renewal | 15 | | authorized under any licensing Act administered by the | 16 | | Department to any person who has failed to file a return, or to | 17 | | pay the tax, penalty, or interest shown in a filed return, or | 18 | | to pay any final assessment of tax, penalty, or interest, as | 19 | | required by any tax Act administered by the Illinois Department | 20 | | of Revenue, until such time as the requirement of any such tax | 21 | | Act are satisfied; however, the Department may issue a license | 22 | | or renewal if the person has established a satisfactory | 23 | | repayment record as determined by the Illinois Department of | 24 | | Revenue. For the purpose of this Section, "satisfactory | 25 | | repayment record" shall be defined by rule.
| 26 | | In addition, a complaint filed with the Department by the |
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| 1 | | Illinois Department of Revenue that includes a certification, | 2 | | signed by its Director or designee, attesting to the amount of | 3 | | the unpaid tax liability or the years for which a return was | 4 | | not filed, or both, is prima facie facia evidence of the | 5 | | licensee's failure to comply with the tax laws administered by | 6 | | the Illinois Department of Revenue. Upon receipt of that | 7 | | certification, the Department shall, without a hearing, | 8 | | immediately suspend all licenses held by the licensee. | 9 | | Enforcement of the Department's order shall be stayed for 60 | 10 | | days. The Department shall provide notice of the suspension to | 11 | | the licensee by mailing a copy of the Department's order by | 12 | | certified and regular mail to the licensee's last known address | 13 | | as registered with the Department. The notice shall advise the | 14 | | licensee that the suspension shall be effective 60 days after | 15 | | the issuance of the Department's order unless the Department | 16 | | receives, from the licensee, a request for a hearing before the | 17 | | Department to dispute the matters contained in the order.
| 18 | | Any suspension imposed under this subsection (g) shall be | 19 | | terminated by the Department upon notification from the | 20 | | Illinois Department of Revenue that the licensee is in | 21 | | compliance with all tax laws administered by the Illinois | 22 | | Department of Revenue.
| 23 | | The Department shall promulgate rules for the | 24 | | administration of this subsection (g).
| 25 | | (h) The Department may grant the title "Retired", to be | 26 | | used immediately adjacent to the title of a profession |
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| 1 | | regulated by the Department, to eligible retirees. The use of | 2 | | the title "Retired" shall not constitute representation of | 3 | | current licensure, registration, or certification. Any person | 4 | | without an active license, registration, or certificate in a | 5 | | profession that requires licensure, registration, or | 6 | | certification shall not be permitted to practice that | 7 | | profession. | 8 | | (i) Within 180 days after December 23, 2009 (the effective | 9 | | date of Public Act 96-852), the Department shall promulgate | 10 | | rules which permit a person with a criminal record, who seeks a | 11 | | license or certificate in an occupation for which a criminal | 12 | | record is not expressly a per se bar, to apply to the | 13 | | Department for a non-binding, advisory opinion to be provided | 14 | | by the Board or body with the authority to issue the license or | 15 | | certificate as to whether his or her criminal record would bar | 16 | | the individual from the licensure or certification sought, | 17 | | should the individual meet all other licensure requirements | 18 | | including, but not limited to, the successful completion of the | 19 | | relevant examinations. | 20 | | (Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; | 21 | | 96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
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