100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3646

 

Introduced 11/13/2018, by Sen. Jennifer Bertino-Tarrant

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Occupational Board Reform Act. Provides for the statement of policy. Provides that an individual with a criminal conviction may submit to the appropriate occupational board a preliminary application for an occupational license, government certification, or State recognition of the individual's personal qualifications for a determination as to whether the individual's criminal conviction would disqualify the individual from obtaining the occupational license, government certification, or State recognition of the individual's personal qualifications. Provides that the appropriate occupational board shall issue the determination in writing within 90 days after receiving the preliminary application. Provides that an occupational board may charge a fee not to exceed $100 for each preliminary application filed. Provides that an individual may appeal the determination. Provides specified requirements concerning the preliminary application and determination. Requires each standing committee of the General Assembly to review and analyze approximately 20% of the occupational regulations within its jurisdiction and submit an annual report electronically to the General Assembly by December 15 of each year beginning in 2019. Provides requirements for the specified annual report. Provides that the standing committee shall complete the specified process for all occupational regulations within its jurisdiction within 5 years and every 5 years thereafter. Provides that if the standing committee finds that it is necessary to change occupational regulations, the standing committee shall recommend the least restrictive regulation consistent with the public interest and specified policies.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Occupational Board Reform Act.
 
6    Section 5. Definitions. In this Act:
7    "Certificate" or "certification", with regard to health
8professionals, means a voluntary process by which a statutory
9regulatory entity grants recognition to an individual who has
10met certain prerequisite qualifications specified by such
11regulatory entity and who may assume or use the term
12"certified" in the title or designation to perform prescribed
13professional tasks.
14    "Government certification" means a nontransferable
15recognition granted to an individual by an occupational board
16through a voluntary program in which the individual meets
17personal qualifications established by the General Assembly
18and that allows the certified individual to use a designated
19title.
20    "Lawful occupation" means a course of conduct, a pursuit,
21or a profession that includes the sale of goods or services
22that are not themselves illegal to sell irrespective of whether
23the individual selling them is subject to an occupational

 

 

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1regulation.
2    "Least restrictive regulation" means one of the following
3types of regulation, listed from least restrictive to most
4restrictive, consistent with the health, safety, and welfare of
5the public:
6        (1) market competition;
7        (2) third-party or consumer-created ratings and
8    reviews;
9        (3) private certification;
10        (4) specific private civil causes of action to remedy
11    consumer harm;
12        (5) deceptive trade practices under the Uniform
13    Deceptive Trade Practices Act;
14        (6) mandatory disclosure of attributes of the specific
15    goods or services;
16        (7) regulation of the process of providing the specific
17    goods or services to consumers;
18        (8) inspection;
19        (9) bonding or insurance;
20        (10) registration;
21        (11) government certification; and
22        (12) occupational license.
23    "Occupational board" means a board, commission,
24department, or other entity created by State law that regulates
25providers through occupational regulations.
26    "Occupational license" means a nontransferable

 

 

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1authorization in law (1) for an individual to perform
2exclusively a lawful occupation for compensation based on
3meeting personal qualifications established by the General
4Assembly and (2) that is required in order to legally perform
5the lawful occupation for compensation.
6    "Occupational regulation" means a statute, rule,
7regulation, practice, policy, or other State law requiring an
8individual to possess certain personal qualifications or to
9comply with registration requirements to use an occupational
10title or work in a lawful occupation. "Occupational regulation"
11includes any government certification, registration, or
12occupational license. "Occupational regulation" does not
13include (1) business licensure, facility licensure, building
14permit requirements, or zoning and land-use regulations,
15except to the extent that the same State laws that require a
16business license, a facility license, or a building permit or
17zoning and land-use regulations also regulate an individual's
18personal qualifications to perform a lawful occupation or (2)
19an occupational license administered by the Supreme Court.
20    "Personal qualifications" means criteria related to an
21individual's personal background and characteristics,
22including completion of an approved educational program,
23satisfactory performance on an examination, work experience,
24other evidence of attainment of requisite skills or knowledge,
25moral standing, criminal history, and completion of continuing
26education.

 

 

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1    "Private certification" means a nontransferable
2recognition granted to an individual by a private organization
3through a voluntary program in which the individual meets
4personal qualifications established by the private
5organization.
6    "Provider" means an individual provider of goods or
7services engaged in a lawful occupation.
8    "Registration" means a nontransferable registration
9granted to an individual under which (1) the individual is
10required to give notice to the government, which may include
11the individual's name and address, the individual's agent for
12service of process, the location of the activity to be
13performed, and a description of the service the individual
14provides, (2) upon receipt of the notice by the government, the
15individual may use the term "registered" as a designated title
16to engage in a lawful occupation, and (3) such notice is
17required to engage in the lawful occupation for compensation
18and is required in order to use the term "registered" as a
19designated title to engage in the lawful occupation.
20"Registration" may require a bond or insurance.
 
21    Section 10. Use of terms. For purposes of this Act:
22        (1) Government certification and registration are not
23    synonymous with occupational license.
24        (2) Except as provided in Section 5 of this Act, when
25    the terms "certification" and "certified" are used outside

 

 

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1    of this Act to mean a requirement that an individual meet
2    certain personal qualifications to work legally, those
3    terms in that context shall be interpreted for purposes of
4    this Act as requiring an individual to meet the
5    requirements for an occupational license.
6        (3) Except as provided in Section 5 of this Act, when
7    the terms "registration" and "registered" are used outside
8    of this Act to mean a requirement that an individual meet
9    certain personal qualifications to work legally, those
10    terms in that context shall be interpreted for purposes of
11    this Act as requiring an individual to meet the
12    requirements for an occupational license.
 
13    Section 15. Statement of policy. It is the policy of the
14State of Illinois:
15        (1) To protect the fundamental right of an individual
16    to pursue a lawful occupation.
17        (2) To use the least restrictive regulation that is
18    necessary to protect consumers from undue risk of present,
19    significant, and substantiated harms that clearly threaten
20    or endanger the health, safety, or welfare of the public
21    when competition alone is not sufficient and that is
22    consistent with the public interest.
23        (3) To enforce an occupational regulation against an
24    individual only to the extent that the individual sells
25    goods or services that are included explicitly in the

 

 

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1    statutes that govern the occupation.
2        (4) To construe and apply occupational regulations to
3    increase opportunities, promote competition, and encourage
4    innovation.
5        (5) To use the least restrictive method of regulation.
6        (6) To provide ongoing legislative review of
7    occupational regulations.
 
8    Section 20. Individual with criminal conviction;
9preliminary application; occupational board; duties;
10determination; appeal; fee.
11    (a) The fundamental right of an individual to pursue an
12occupation includes the right of an individual with a criminal
13history to obtain an occupational license, government
14certification, or State recognition of the individual's
15personal qualifications.
16    (b) An individual who has a criminal conviction may submit
17to the appropriate occupational board a preliminary
18application for an occupational license, government
19certification, or State recognition of the individual's
20personal qualifications for a determination as to whether the
21individual's criminal conviction would disqualify the
22individual from obtaining the occupational license, government
23certification, or State recognition of the individual's
24personal qualifications from that occupational board. The
25preliminary application may be submitted at any time, including

 

 

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1prior to obtaining required education or paying any fee, other
2than the fee for the preliminary application described in
3subsection (g) of this Section.
4    The individual may include with the preliminary
5application additional information about the individual's
6current circumstances, including the time since the offense,
7completion of the criminal sentence, other evidence of
8rehabilitation, testimonials, employment history, and
9employment aspirations.
10    (c) Upon receipt of a preliminary application under
11subsection (b) of this Section and a fee if required under
12subsection (g) of this Section, the appropriate occupational
13board shall make a determination of whether the individual's
14criminal conviction would disqualify the individual from
15obtaining an occupational license, government certification,
16or State recognition of the individual's personal
17qualifications from that occupational board.
18    (d) The occupational board shall issue its determination in
19writing within 90 days after receiving a preliminary
20application under subsection (b) of this Section. The
21determination shall include findings of fact and conclusions of
22law. If the occupational board determines that the individual's
23criminal conviction would disqualify the individual, the
24occupational board may advise the individual of any action the
25individual may take to remedy the disqualification. If the
26occupational board finds that the individual has been convicted

 

 

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1of a subsequent criminal conviction, the occupational board may
2rescind a determination upon finding that the subsequent
3criminal conviction would be disqualifying under subsection
4(c) of this Section.
5    (e) The individual may appeal the determination of the
6occupational board. The appeal shall be in accordance with
7Article 2105 of the Civil Administrative Code of Illinois.
8    (f) An individual shall not file another preliminary
9application under this Section with the same occupational board
10within 2 years after the final decision on the previous
11preliminary application, except that if the individual has
12taken action to remedy the disqualification as advised by the
13occupational board, the individual may file another
14preliminary application under this Section with the same
15occupational board 6 months after the final decision on the
16previous preliminary application.
17    (g) An occupational board may charge a fee not to exceed
18$100 for each preliminary application filed under this Section.
19The fee is intended to offset the administrative costs incurred
20under this Section.
 
21    Section 25. Standing committees of the General Assembly;
22duties; report; contents.
23    (a) Beginning in 2019, each standing committee of the
24General Assembly shall annually review and analyze
25approximately 20% of the occupational regulations within the

 

 

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1jurisdiction of the committee and prepare and submit an annual
2report to the General Assembly. The annual report to the
3General Assembly shall be filed by December 15 of each year
4with the Clerk of the House of Representatives and the
5Secretary of the Senate in electronic form only as provided in
6this Section, in the manner that the Clerk and the Secretary
7shall direct. Each committee shall complete this process for
8all occupational regulations within its jurisdiction within 5
9years and every 5 years thereafter. Each report shall include
10the committee's recommendations regarding whether the
11occupational regulations should be terminated, continued, or
12modified.
13    (b) Each committee may require the submission of
14information by the affected occupational board and other
15affected or interested parties.
16    (c) A committee's report shall include, but not be limited
17to, the following:
18        (1) the title of the regulated occupation and the name
19    of the occupational board responsible for enforcement of
20    the occupational regulations;
21        (2) the statutory citation or other authorization for
22    the creation of the occupational regulations and
23    occupational board;
24        (3) the number of members of the occupational board and
25    how the members are appointed;
26        (4) the qualifications for membership on the

 

 

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1    occupational board;
2        (5) the number of times the occupational board is
3    required to meet during the year and the number of times it
4    actually met;
5        (6) annual budget information for the occupational
6    board for the 5 most recently completed fiscal years;
7        (7) for the immediately preceding 5 calendar years, or
8    for the period of time less than 5 years for which the
9    information is practically available, the number of
10    government certifications, occupational licenses, and
11    registrations the occupational board has issued, revoked,
12    denied, or assessed penalties against, listed anonymously
13    and separately per type of credential, and the reasons for
14    those revocations, denials, and other penalties;
15        (8) a review of the basic assumptions underlying the
16    creation of the occupational regulations;
17        (9) a statement from the occupational board on the
18    effectiveness of the occupational regulations; and
19        (10) a comparison of whether and how other states
20    regulate the occupation.
21    (d) Subject to subsection (e) of this Section, each
22committee shall also analyze, and include in its report,
23whether the occupational regulations meet the policies stated
24in Section 15 and shall consider the following recommended
25courses of action for meeting those policies:
26        (1) if the need is to protect consumers against fraud,

 

 

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1    the likely recommendation will be to strengthen powers
2    under the Uniform Deceptive Trade Practices Act or require
3    disclosures that will reduce misleading attributes of the
4    specific goods or services;
5        (2) if the need is to protect consumers against unclean
6    facilities or to promote general health and safety, the
7    likely recommendation will be to require periodic
8    inspections of such facilities;
9        (3) if the need is to protect consumers against
10    potential damages from failure by providers to complete a
11    contract fully or up to standards, the likely
12    recommendation will be to require that providers be bonded;
13        (4) if the need is to protect a person who is not party
14    to a contract between the provider and consumer, the likely
15    recommendation will be to require that the provider have
16    insurance;
17        (5) if the need is to protect consumers against
18    potential damages by transient providers, the likely
19    recommendation will be to require that providers register
20    their businesses with the Secretary of State;
21        (6) if the need is to protect consumers against a
22    shortfall or imbalance of knowledge about the goods or
23    services relative to the providers' knowledge, the likely
24    recommendation will be to enact government certification;
25    and
26        (7) if the need is to address a systematic information

 

 

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1    shortfall such that a reasonable consumer is unable to
2    distinguish between the quality of providers, there is an
3    absence of institutions that provide adequate guidance to
4    the consumer, and the consumer's inability to distinguish
5    between providers and the lack of adequate guidance allows
6    for undue risk of present, significant, and substantiated
7    harms, the likely recommendation will be to enact an
8    occupational license.
9    (e) If a lawful occupation is subject to a health
10profession regulated by the Department of Financial and
11Professional Regulation, then the analysis under subsection
12(d) of this Section shall be made using the least restrictive
13method of regulation.
14    (f) In developing recommendations under this Section, the
15committee shall review any report issued to the General
16Assembly, if applicable, and consider any findings or
17recommendations of such report related to the occupational
18regulations under review.
19    (g) If the committee finds that it is necessary to change
20occupational regulations, the committee shall recommend the
21least restrictive regulation consistent with the public
22interest and the policies in this Section and Section 15.