94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2577

 

Introduced 02/18/05, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-15   was 20 ILCS 2105/60

    Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department to assess the costs incurred in the prosecution of authorized disciplinary actions, including any disciplinary action against any license or authority authorized in any licensing Act administered by the Department. Provides that the Department shall deny any license application or renewal authorized under any licensing Act administered by the Department to any person who has failed to file a return, or to pay the tax, penalty, or interest shown in a field return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until the requirements of any such tax Act are satisfied, or until the person establishes a satisfactory repayment record as determined by the Department of Revenue. Sets forth that a complaint filed with the Department of Revenue meeting certain requirements and attesting to the amount of the unpaid tax liability or the years for which a return was not filed, or both, is prima facia evidence of the licensee's failure to comply with the tax laws administered by the Department of Revenue. Provides for the enforcement of the suspensions of licenses for non-compliance with tax laws. Makes other changes. Effective immediately.


LRB094 10381 RSP 40651 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2577 LRB094 10381 RSP 40651 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois is amended by
6 changing Section 2105-15 as follows:
 
7     (20 ILCS 2105/2105-15)  (was 20 ILCS 2105/60)
8     Sec. 2105-15. General powers and duties.
9     (a) The Department has, subject to the provisions of the
10 Civil Administrative Code of Illinois, the following powers and
11 duties:
12         (1) To authorize examinations in English to ascertain
13     the qualifications and fitness of applicants to exercise
14     the profession, trade, or occupation for which the
15     examination is held.
16         (2) To prescribe rules and regulations for a fair and
17     wholly impartial method of examination of candidates to
18     exercise the respective professions, trades, or
19     occupations.
20         (3) To pass upon the qualifications of applicants for
21     licenses, certificates, and authorities, whether by
22     examination, by reciprocity, or by endorsement.
23         (4) To prescribe rules and regulations defining, for
24     the respective professions, trades, and occupations, what
25     shall constitute a school, college, or university, or
26     department of a university, or other institution,
27     reputable and in good standing, and to determine the
28     reputability and good standing of a school, college, or
29     university, or department of a university, or other
30     institution, reputable and in good standing, by reference
31     to a compliance with those rules and regulations; provided,
32     that no school, college, or university, or department of a

 

 

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1     university, or other institution that refuses admittance
2     to applicants solely on account of race, color, creed, sex,
3     or national origin shall be considered reputable and in
4     good standing.
5         (5) To conduct hearings on proceedings to revoke,
6     suspend, refuse to renew, place on probationary status, or
7     take other disciplinary action as authorized in any
8     licensing Act administered by the Department with regard to
9     licenses, certificates, or authorities of persons
10     exercising the respective professions, trades, or
11     occupations and to revoke, suspend, refuse to renew, place
12     on probationary status, or take other disciplinary action
13     as authorized in any licensing Act administered by the
14     Department with regard to those licenses, certificates, or
15     authorities. The Department shall issue a monthly
16     disciplinary report. The Department shall deny any license
17     or renewal authorized by the Civil Administrative Code of
18     Illinois to any person who has defaulted on an educational
19     loan or scholarship provided by or guaranteed by the
20     Illinois Student Assistance Commission or any governmental
21     agency of this State; however, the Department may issue a
22     license or renewal if the aforementioned persons have
23     established a satisfactory repayment record as determined
24     by the Illinois Student Assistance Commission or other
25     appropriate governmental agency of this State.
26     Additionally, beginning June 1, 1996, any license issued by
27     the Department may be suspended or revoked if the
28     Department, after the opportunity for a hearing under the
29     appropriate licensing Act, finds that the licensee has
30     failed to make satisfactory repayment to the Illinois
31     Student Assistance Commission for a delinquent or
32     defaulted loan. For the purposes of this Section,
33     "satisfactory repayment record" shall be defined by rule.
34     The Department shall refuse to issue or renew a license to,
35     or shall suspend or revoke a license of, any person who,
36     after receiving notice, fails to comply with a subpoena or

 

 

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1     warrant relating to a paternity or child support
2     proceeding. However, the Department may issue a license or
3     renewal upon compliance with the subpoena or warrant.
4         The Department, without further process or hearings,
5     shall revoke, suspend, or deny any license or renewal
6     authorized by the Civil Administrative Code of Illinois to
7     a person who is certified by the Illinois Department of
8     Public Aid as being more than 30 days delinquent in
9     complying with a child support order or who is certified by
10     a court as being in violation of the Non-Support Punishment
11     Act for more than 60 days. The Department may, however,
12     issue a license or renewal if the person has established a
13     satisfactory repayment record as determined by the
14     Illinois Department of Public Aid or if the person is
15     determined by the court to be in compliance with the
16     Non-Support Punishment Act. The Department may implement
17     this paragraph as added by Public Act 89-6 through the use
18     of emergency rules in accordance with Section 5-45 of the
19     Illinois Administrative Procedure Act. For purposes of the
20     Illinois Administrative Procedure Act, the adoption of
21     rules to implement this paragraph shall be considered an
22     emergency and necessary for the public interest, safety,
23     and welfare.
24         (5.1) To assess costs related to the investigation and
25     prosecution of the case, including costs associated with
26     time expended by investigators, attorneys, and other
27     employees of the Department, as part of any order revoking,
28     suspending, refusing to renew, placing on probationary
29     status, or taking other disciplinary action against any
30     license, certificate, or authority authorized in any
31     licensing Act administered by the Department and as part of
32     any order concerning unlicensed practice authorized in any
33     licensing Act administered by the Department. The
34     Department shall promulgate rules for the administration
35     of the assessment required under this item.
36         (6) To transfer jurisdiction of any realty under the

 

 

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1     control of the Department to any other department of the
2     State Government or to acquire or accept federal lands when
3     the transfer, acquisition, or acceptance is advantageous
4     to the State and is approved in writing by the Governor.
5         (7) To formulate rules and regulations necessary for
6     the enforcement of any Act administered by the Department.
7         (8) To exchange with the Illinois Department of Public
8     Aid information that may be necessary for the enforcement
9     of child support orders entered pursuant to the Illinois
10     Public Aid Code, the Illinois Marriage and Dissolution of
11     Marriage Act, the Non-Support of Spouse and Children Act,
12     the Non-Support Punishment Act, the Revised Uniform
13     Reciprocal Enforcement of Support Act, the Uniform
14     Interstate Family Support Act, or the Illinois Parentage
15     Act of 1984. Notwithstanding any provisions in this Code to
16     the contrary, the Department of Professional Regulation
17     shall not be liable under any federal or State law to any
18     person for any disclosure of information to the Illinois
19     Department of Public Aid under this paragraph (8) or for
20     any other action taken in good faith to comply with the
21     requirements of this paragraph (8).
22         (9) To perform other duties prescribed by law.
23     (b) The Department may, when a fee is payable to the
24 Department for a wall certificate of registration provided by
25 the Department of Central Management Services, require that
26 portion of the payment for printing and distribution costs be
27 made directly or through the Department to the Department of
28 Central Management Services for deposit into the Paper and
29 Printing Revolving Fund. The remainder shall be deposited into
30 the General Revenue Fund.
31     (c) For the purpose of securing and preparing evidence, and
32 for the purchase of controlled substances, professional
33 services, and equipment necessary for enforcement activities,
34 recoupment of investigative costs, and other activities
35 directed at suppressing the misuse and abuse of controlled
36 substances, including those activities set forth in Sections

 

 

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1 504 and 508 of the Illinois Controlled Substances Act, the
2 Director and agents appointed and authorized by the Director
3 may expend sums from the Professional Regulation Evidence Fund
4 that the Director deems necessary from the amounts appropriated
5 for that purpose. Those sums may be advanced to the agent when
6 the Director deems that procedure to be in the public interest.
7 Sums for the purchase of controlled substances, professional
8 services, and equipment necessary for enforcement activities
9 and other activities as set forth in this Section shall be
10 advanced to the agent who is to make the purchase from the
11 Professional Regulation Evidence Fund on vouchers signed by the
12 Director. The Director and those agents are authorized to
13 maintain one or more commercial checking accounts with any
14 State banking corporation or corporations organized under or
15 subject to the Illinois Banking Act for the deposit and
16 withdrawal of moneys to be used for the purposes set forth in
17 this Section; provided, that no check may be written nor any
18 withdrawal made from any such account except upon the written
19 signatures of 2 persons designated by the Director to write
20 those checks and make those withdrawals. Vouchers for those
21 expenditures must be signed by the Director. All such
22 expenditures shall be audited by the Director, and the audit
23 shall be submitted to the Department of Central Management
24 Services for approval.
25     (d) Whenever the Department is authorized or required by
26 law to consider some aspect of criminal history record
27 information for the purpose of carrying out its statutory
28 powers and responsibilities, then, upon request and payment of
29 fees in conformance with the requirements of Section 2605-400
30 of the Department of State Police Law (20 ILCS 2605/2605-400),
31 the Department of State Police is authorized to furnish,
32 pursuant to positive identification, the information contained
33 in State files that is necessary to fulfill the request.
34     (e) The provisions of this Section do not apply to private
35 business and vocational schools as defined by Section 1 of the
36 Private Business and Vocational Schools Act.

 

 

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1     (f) Beginning July 1, 1995, this Section does not apply to
2 those professions, trades, and occupations licensed under the
3 Real Estate License Act of 2000, nor does it apply to any
4 permits, certificates, or other authorizations to do business
5 provided for in the Land Sales Registration Act of 1989 or the
6 Illinois Real Estate Time-Share Act.
7     (g) Notwithstanding anything that may appear in any
8 individual licensing statute or administrative rule, the
9 Department shall deny any license application or renewal
10 authorized under any licensing Act administered by the
11 Department to any person who has failed to file a return, or to
12 pay the tax, penalty, or interest shown in a filed return, or
13 to pay any final assessment of tax, penalty, or interest, as
14 required by any tax Act administered by the Illinois Department
15 of Revenue, until such time as the requirement of any such tax
16 Act are satisfied; however, the Department may issue a license
17 or renewal if the person has established a satisfactory
18 repayment record as determined by the Illinois Department of
19 Revenue. For the purpose of this Section, "satisfactory
20 repayment record" shall be defined by rule.
21     In addition, a complaint filed with the Department by the
22 Illinois Department of Revenue that includes a certification,
23 signed by its Director or designee, attesting to the amount of
24 the unpaid tax liability or the years for which a return was
25 not filed, or both, is prima facia evidence of the licensee's
26 failure to comply with the tax laws administered by the
27 Illinois Department of Revenue. Upon receipt of that
28 certification, the Department shall, without a hearing,
29 immediately suspend all licenses held by the licensee.
30 Enforcement of the Department's order shall be stayed for 60
31 days. The Department shall provide notice of the suspension to
32 the licensee by mailing a copy of the Department's order by
33 certified and regular mail to the licensee's last known address
34 as registered with the Department. The notice shall advice the
35 licensee that the suspension shall be effective 60 days after
36 the issuance of the Department's order unless the Department

 

 

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1 receives, from the licensee, a request for a hearing before the
2 Department to dispute the matters contained in the order.
3     Any suspension imposed under this subsection (g) shall be
4 terminated by the Department upon notification from the
5 Illinois Department of Revenue that the licensee is in
6 compliance with all tax laws administered by the Illinois
7 Department of Revenue.
8     The Department shall promulgate rules for the
9 administration of this subsection (g).
10 (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
11 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.