Full Text of HB5608 103rd General Assembly
HB5608 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5608 Introduced 2/9/2024, by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: | | | Creates the Universal Recognition of Licenses Act. Defines "board". Provides that, notwithstanding any other State law to the contrary, a board in the State shall issue an occupational license or government certification to a person who holds an occupational license or government certification in another state if the person satisfies specified conditions. Provides that, notwithstanding any other State law to the contrary, a board shall issue an occupational license or government certification to a person upon application based on work experience in another state if the person satisfies specified conditions. Sets forth provisions concerning State law examinations; decisions of a board; appeals; State laws and jurisdiction; exceptions to the Act; limitations of the Act; application fees; and emergency powers. Effective immediately. |
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| | A BILL FOR |
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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 1. Short title. This Act may be cited as the | 5 | | Universal Recognition of Occupational Licenses Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Board" means a government agency, board, department, or | 8 | | other government entity that regulates a lawful occupation and | 9 | | issues an occupational license or government certification to | 10 | | an individual. | 11 | | "Government certification" means a voluntary, | 12 | | government-granted, and nontransferable recognition to an | 13 | | individual who meets personal qualifications related to a | 14 | | lawful occupation that upon the government's initial and | 15 | | continuing approval, the individual may use "government | 16 | | certified" or "state certified" as a title. "Government | 17 | | certification" does not mean "occupational license." | 18 | | "Government certification" does not include credentials, such | 19 | | as those used for medical-board certification or held by a | 20 | | certified public accountant, that are prerequisites to working | 21 | | lawfully in an occupation. | 22 | | "Lawful occupation" means a course of conduct, pursuit, or | 23 | | profession that includes the sale of goods or services that |
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| 1 | | are not themselves illegal to sell irrespective of whether the | 2 | | individual selling them is subject to an occupational license. | 3 | | "Military" means the Armed Forces of the United States | 4 | | including the Air Force, Army, Coast Guard, Marine Corps, | 5 | | Navy, Space Force, National Guard, and all reserve components | 6 | | and auxiliaries. "Military" includes the military reserves and | 7 | | militia of any United States territory or state. | 8 | | "Occupational license" is a nontransferable authorization | 9 | | in law for an individual to perform exclusively a lawful | 10 | | occupation based on meeting personal qualifications. | 11 | | "Occupational license" includes a military occupational | 12 | | specialty. | 13 | | "Other state" or "another state" means any territory, or | 14 | | state other than this State in the United States. It also means | 15 | | any branch or unit of the military. | 16 | | "Scope of practice" means the procedures, actions, | 17 | | processes and work that a person may perform under an | 18 | | occupational license or government certification issued in | 19 | | this State. | 20 | | Section 10. Recognition of another occupational license or | 21 | | government certification. | 22 | | (a) Notwithstanding any other State law to the contrary, a | 23 | | board shall issue an occupational license or government | 24 | | certification to a person upon application if all the | 25 | | following apply: |
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| 1 | | (1) The person holds a current and valid occupational | 2 | | license or government certification in another state in a | 3 | | lawful occupation with a similar scope of practice, as | 4 | | determined by the relevant board in this State; | 5 | | (2) The person has held the occupational license or | 6 | | government certification in the other state for at least | 7 | | one year; | 8 | | (3) The board in the other state required the person | 9 | | to pass an examination or to meet education, training or | 10 | | experience standards; | 11 | | (4) The board in the other state holds the person in | 12 | | good standing; | 13 | | (5) The person does not have a disqualifying criminal | 14 | | record as determined by the relevant board in this State | 15 | | under State law; | 16 | | (6) No board in another state revoked the person's | 17 | | occupational license or government certification because | 18 | | of negligence or intentional misconduct related to the | 19 | | person's work in the occupation; | 20 | | (7) The person did not surrender an occupational | 21 | | license or government certification because of negligence | 22 | | or intentional misconduct related to the person's work in | 23 | | the occupation in another state; | 24 | | (8) The person does not have a complaint, allegation, | 25 | | or investigation pending before a board in another state | 26 | | which relates to unprofessional conduct or an alleged |
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| 1 | | crime. If the person has a complaint, allegation, or | 2 | | investigation pending, then the board in this State may | 3 | | not issue or deny an occupational license or government | 4 | | certification to the person until the complaint, | 5 | | allegation, or investigation is resolved or the person | 6 | | otherwise meets the criteria for an occupational license | 7 | | or government certification in this State to the | 8 | | satisfaction of the board in this State; and | 9 | | (9) The person pays all applicable fees to the State. | 10 | | (b) If another state issued the person a government | 11 | | certification but the board in this State requires an | 12 | | occupational license to work, then the relevant board in this | 13 | | State shall issue an occupational license to the person if the | 14 | | person otherwise satisfies subsection (a). | 15 | | Section 15. Recognition of work experience. | 16 | | Notwithstanding any other State law to the contrary, the board | 17 | | shall issue an occupational license or government | 18 | | certification to a person upon application based on work | 19 | | experience in another state if all the following apply: | 20 | | (1) The person worked in a state that does not use an | 21 | | occupational license or government certification to | 22 | | regulate a lawful occupation, but the State uses an | 23 | | occupational license or government certification to | 24 | | regulate a lawful occupation with a similar scope of | 25 | | practice, as determined by the board; |
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| 1 | | (2) The person worked for at least 3 years in the | 2 | | lawful occupation; and | 3 | | (3) The person satisfies paragraphs (5), (6), (7), | 4 | | (8), and (9) of subsection (a) of Section 10. | 5 | | Section 20. State law examination. A board may require a | 6 | | person to pass a jurisprudential examination specific to | 7 | | relevant State laws that regulate the occupation if an | 8 | | occupational license or government certification in this State | 9 | | requires a person to pass a jurisprudential examination | 10 | | specific to relevant State statutes and administrative rules | 11 | | that regulate the occupation. | 12 | | Section 25. Decision. The board shall provide the person | 13 | | with a written decision regarding the application within 30 | 14 | | days after receiving a complete application. | 15 | | Section 30. Appeal. | 16 | | (a) The person may appeal the board's decision to a court | 17 | | of general jurisdiction. | 18 | | (b) The person may appeal the board's: | 19 | | (1) denial of an occupational license or government | 20 | | certification; | 21 | | (2) determination of the occupation; | 22 | | (3) determination of the similarity of the scope of | 23 | | practice of the occupational license or government |
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| 1 | | certification issued; or | 2 | | (4) other determinations under this Act. | 3 | | Section 35. State laws and jurisdiction. A person who | 4 | | obtains an occupational license or government certification | 5 | | pursuant to this chapter is subject to: | 6 | | (1) the laws regulating the occupation in this State; | 7 | | and | 8 | | (2) the jurisdiction of the relevant board in this | 9 | | State. | 10 | | Section 40. Exception. This Act does not apply to an | 11 | | occupation regulated by the Illinois Supreme Court. | 12 | | Section 45. Limitations. | 13 | | (a) Nothing in this Act shall be construed to prohibit a | 14 | | person from applying for an occupational license or government | 15 | | certification under another statute or rule in State law. | 16 | | (b) An occupational license or government certification | 17 | | issued pursuant to this Act is valid only in this State. It | 18 | | does not make the person eligible to work in another state | 19 | | under an interstate compact or reciprocity agreement unless | 20 | | otherwise provided in law. | 21 | | (c) Nothing in this chapter shall be construed to prevent | 22 | | this State from entering into a licensing compact or | 23 | | reciprocity agreement with another state, foreign province, or |
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| 1 | | foreign country. | 2 | | (d) Nothing in this chapter shall be construed to prevent | 3 | | this State from recognizing occupational credentials issued by | 4 | | a private certification organization, foreign province, | 5 | | foreign country, international organization, or other entity. | 6 | | (e) Nothing in this Act may be construed to require a | 7 | | private certification organization to grant or deny private | 8 | | certification to any individual. | 9 | | Section 50. Application fees. The board may charge a fee, | 10 | | not to exceed $100, to an applicant to recoup its costs for | 11 | | each application. | 12 | | Section 55. Emergency powers. | 13 | | (a) During a declared emergency, the Governor may order | 14 | | the recognition of an occupational license from another state | 15 | | or foreign country as if the license was issued by this State. | 16 | | (b) The Governor may expand any license's scope of | 17 | | practice and may authorize any licensee to provide services in | 18 | | this State in person, telephonically, | | | or by other means for | 19 | | the duration of the emergency. | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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