SB0275sam002 97TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 3/26/2012

09700SB0275sam002 LRB097 04073 RPM 67421 a

AMENDMENT TO SENATE BILL 275

AMENDMENT NO. ______. Amend Senate Bill 275 by replacing everything after the enacting clause with the following:

"Section 5. The Civil Administrative Code of Illinois is amended by adding Section 5-715 as follows:

(20 ILCS 5/5-715 new)

Sec. 5-715. Expedited licensure for service members and spouses.

(a) In this Section, "service member" means any person who, at the time of application under this Section, is an active duty member of the United States Armed Forces or any reserve component of the United States Armed Forces or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia or whose active duty service concluded within the preceding 2 years before application.

In this Section, "spouse" includes any party to a civil union under the Illinois Religious Freedom Protection and Civil Union Act.

(b) Each director of a department that issues an occupational or professional license is authorized to and shall issue an expedited temporary occupational or professional license to a service member who meets the requirements under this Section. The temporary occupational or professional license shall be valid for 6 months after the date of issuance or until a license is granted or a notice to deny a license is issued in accordance with rules adopted by the department issuing the license, whichever occurs first. No temporary occupational or professional license shall be renewed. The service member shall apply to the department on forms provided by the department. An application must include proof that:

(1) the applicant is a service member;

(2) the applicant holds a valid license in good standing for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant is assigned to a duty station in this State or has established legal residence in this State;

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license; the applicant shall pay the fee to the Department of State Police or to the fingerprint vendor for electronic fingerprint processing; no temporary occupational or professional license shall be issued to an applicant if the statewide or national criminal history check discloses information that would cause the denial of an application for licensure under any applicable occupational or professional licensing Act;

(5) the applicant is not ineligible for licensure pursuant to Section 2105-165 of the Civil Administrative Code of Illinois;

(6) the applicant has submitted an application for full licensure; and

(7) the applicant has paid the required fee; fees shall not be refundable.

(c) Each director of a department that issues an occupational or professional license is authorized to and shall issue an expedited temporary occupational or professional license to the spouse of a service member who meets the requirements under this Section. The temporary occupational or professional license shall be valid for 6 months after the date of issuance or until a license is granted or a notice to deny a license is issued in accordance with rules adopted by the department issuing the license, whichever occurs first. No temporary occupational or professional license shall be renewed. The spouse of a service member shall apply to the department on forms provided by the department. An application must include proof that:

(1) the applicant is the spouse of a service member;

(2) the applicant holds a valid license in good standing for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant's spouse is assigned to a duty station in this State or has established legal residence in this State;

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license; the applicant shall pay the fee to the Department of State Police or to the fingerprint vendor for electronic fingerprint processing; no temporary occupational or professional license shall be issued to an applicant if the statewide or national criminal history check discloses information that would cause the denial of an application for licensure under any applicable occupational or professional licensing Act;

(5) the applicant is not ineligible for licensure pursuant to Section 2105-165 of the Civil Administrative Code of Illinois;

(6) the applicant has submitted an application for full licensure; and

(7) the applicant has paid the required fee; fees shall not be refundable.

(d) All relevant experience of a service member in the discharge of official duties, including full-time and part-time experience, shall be credited in the calculation of any years of practice in an occupation or profession as may be required under any applicable occupational or professional licensing Act. All relevant training provided by the military and completed by a service member shall be credited to that service member as meeting any training or education requirement under any applicable occupational or professional licensing Act, provided that the training or education is determined by the department to be substantially equivalent to that required under any applicable Act and is not otherwise contrary to any other licensure requirement.

(e) A department may adopt any rules necessary for the implementation and administration of this Section and shall by rule provide for fees for the administration of this Section.

Section 10. The State Fire Marshal Act is amended by adding Section 5 as follows:

(20 ILCS 2905/5 new)

Sec. 5. Expedited temporary licensure for service members and spouses.

(a) In this Section, "service member" means any person who serves or has served in the United States Armed Forces or any reserve component of the United States Armed Forces or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia.

(b) The State Fire Marshal is authorized to and shall issue an expedited temporary occupational or professional license to a service member who meets the application requirements under this Section. The temporary occupational or professional license shall be valid until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the department issuing the license. The service member shall apply to the Office in the format prescribed by the Office. An application must include proof that:

(1) the applicant is a service member;

(2) the applicant holds a valid license for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant is assigned to a duty station in this State or has established legal residence in this State; and

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license.

(c) The State Fire Marshal is authorized to and shall issue an expedited temporary occupational or professional license to the spouse of an active duty member of the Armed Forces of the United States who meets the application requirements under this Section. The temporary occupational or professional license shall be valid until a license is granted or until a notice to deny a license is issued in accordance with rules adopted by the department issuing the license. The active duty member spouse shall apply to the Office in the format prescribed by the Office. An application must include proof that:

(1) the applicant is married to a service member;

(2) the applicant holds a valid license for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant's spouse is assigned to a duty station in this State or has established legal residence in this State; and

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license.

(d) The Office may adopt any rules necessary for the implementation and administration of this Section.

Section 15. The School Code is amended by changing Section 21-11.1 as follows:

(105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)

(Section scheduled to be repealed on June 30, 2013)

Sec. 21-11.1. Certificates for equivalent qualifications. An applicant who holds or is eligible to hold a teacher's certificate or license under the laws of another state or territory of the United States may be granted a corresponding teacher's certificate in Illinois on the written authorization of the State Board of Education and the State Teacher Certification Board upon the following conditions:

(1) That the applicant is at least 19 years of age, is of good character, of good health, and a citizen of the United States or legally present and authorized for employment; and

(2) That the requirements for a similar teacher's certificate in the particular state or territory were, at the date of issuance of the certificate, substantially equal to the requirements in force at the time the application is made for the certificate in this State.

After January 1, 1988, unless the applicant is a service member or the spouse of an active duty member of the Armed Forces of the United States, in addition to satisfying the foregoing conditions and requirements, an applicant for a corresponding teaching certificate in Illinois also shall be required to pass the examinations required under the provisions of Section 21-1a as directed by the State Board of Education. For the purposes of this Section, "service member" means any person who serves or has served in the United States Armed Forces or any reserve component of the United States Armed Forces or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia.

In determining good character under this Section, any felony conviction of the applicant may be taken into consideration, but the conviction shall not operate as a bar to registration.

The State Board of Education in consultation with the State Teacher Certification Board shall prescribe rules and regulations establishing the similarity of certificates in other states and the standards for determining the equivalence of requirements.

This Section is repealed on June 30, 2013.

(Source: P.A. 97-607, eff. 8-26-11.)".