Illinois General Assembly - Full Text of HB3162
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Full Text of HB3162  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Natalie A. Manley


20 ILCS 2105/2105-15

    Amends the Department of Financial and Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to establish a service dog license program under which a dog acting as a service dog shall be licensed. Requires the Department to establish rules, and provides requirements for those rules. Effective immediately.

LRB100 08038 SMS 18123 b






HB3162LRB100 08038 SMS 18123 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 as follows:
7    (20 ILCS 2105/2105-15)
8    Sec. 2105-15. General powers and duties.
9    (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
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



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1    the respective professions, trades, and occupations, what
2    shall constitute a school, college, or university, or
3    department of a university, or other institution,
4    reputable and in good standing, and to determine the
5    reputability and good standing of a school, college, or
6    university, or department of a university, or other
7    institution, reputable and in good standing, by reference
8    to a compliance with those rules and regulations; provided,
9    that no school, college, or university, or department of a
10    university, or other institution that refuses admittance
11    to applicants solely on account of race, color, creed, sex,
12    sexual orientation, or national origin shall be considered
13    reputable and in good standing.
14        (5) To conduct hearings on proceedings to revoke,
15    suspend, refuse to renew, place on probationary status, or
16    take other disciplinary action as authorized in any
17    licensing Act administered by the Department with regard to
18    licenses, certificates, or authorities of persons
19    exercising the respective professions, trades, or
20    occupations and to revoke, suspend, refuse to renew, place
21    on probationary status, or take other disciplinary action
22    as authorized in any licensing Act administered by the
23    Department with regard to those licenses, certificates, or
24    authorities.
25        The Department shall issue a monthly disciplinary
26    report.



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1        The Department shall deny any license or renewal
2    authorized by the Civil Administrative Code of Illinois to
3    any person who has defaulted on an educational loan or
4    scholarship provided by or guaranteed by the Illinois
5    Student Assistance Commission or any governmental agency
6    of this State; however, the Department may issue a license
7    or renewal if the aforementioned persons have established a
8    satisfactory repayment record as determined by the
9    Illinois Student Assistance Commission or other
10    appropriate governmental agency of this State.
11    Additionally, beginning June 1, 1996, any license issued by
12    the Department may be suspended or revoked if the
13    Department, after the opportunity for a hearing under the
14    appropriate licensing Act, finds that the licensee has
15    failed to make satisfactory repayment to the Illinois
16    Student Assistance Commission for a delinquent or
17    defaulted loan. For the purposes of this Section,
18    "satisfactory repayment record" shall be defined by rule.
19        The Department shall refuse to issue or renew a license
20    to, or shall suspend or revoke a license of, any person
21    who, after receiving notice, fails to comply with a
22    subpoena or warrant relating to a paternity or child
23    support proceeding. However, the Department may issue a
24    license or renewal upon compliance with the subpoena or
25    warrant.
26        The Department, without further process or hearings,



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1    shall revoke, suspend, or deny any license or renewal
2    authorized by the Civil Administrative Code of Illinois to
3    a person who is certified by the Department of Healthcare
4    and Family Services (formerly Illinois Department of
5    Public Aid) as being more than 30 days delinquent in
6    complying with a child support order or who is certified by
7    a court as being in violation of the Non-Support Punishment
8    Act for more than 60 days. The Department may, however,
9    issue a license or renewal if the person has established a
10    satisfactory repayment record as determined by the
11    Department of Healthcare and Family Services (formerly
12    Illinois Department of Public Aid) or if the person is
13    determined by the court to be in compliance with the
14    Non-Support Punishment Act. The Department may implement
15    this paragraph as added by Public Act 89-6 through the use
16    of emergency rules in accordance with Section 5-45 of the
17    Illinois Administrative Procedure Act. For purposes of the
18    Illinois Administrative Procedure Act, the adoption of
19    rules to implement this paragraph shall be considered an
20    emergency and necessary for the public interest, safety,
21    and welfare.
22        (6) To transfer jurisdiction of any realty under the
23    control of the Department to any other department of the
24    State Government or to acquire or accept federal lands when
25    the transfer, acquisition, or acceptance is advantageous
26    to the State and is approved in writing by the Governor.



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1        (7) To formulate rules and regulations necessary for
2    the enforcement of any Act administered by the Department.
3        (8) To exchange with the Department of Healthcare and
4    Family Services information that may be necessary for the
5    enforcement of child support orders entered pursuant to the
6    Illinois Public Aid Code, the Illinois Marriage and
7    Dissolution of Marriage Act, the Non-Support of Spouse and
8    Children Act, the Non-Support Punishment Act, the Revised
9    Uniform Reciprocal Enforcement of Support Act, the Uniform
10    Interstate Family Support Act, the Illinois Parentage Act
11    of 1984, or the Illinois Parentage Act of 2015.
12    Notwithstanding any provisions in this Code to the
13    contrary, the Department of Professional Regulation shall
14    not be liable under any federal or State law to any person
15    for any disclosure of information to the Department of
16    Healthcare and Family Services (formerly Illinois
17    Department of Public Aid) under this paragraph (8) or for
18    any other action taken in good faith to comply with the
19    requirements of this paragraph (8).
20        (8.5) To accept continuing education credit for
21    mandated reporter training on how to recognize and report
22    child abuse offered by the Department of Children and
23    Family Services and completed by any person who holds a
24    professional license issued by the Department and who is a
25    mandated reporter under the Abused and Neglected Child
26    Reporting Act. The Department shall adopt any rules



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1    necessary to implement this paragraph.
2        (9) To perform other duties prescribed by law.
3    (a-5) Except in cases involving default on an educational
4loan or scholarship provided by or guaranteed by the Illinois
5Student Assistance Commission or any governmental agency of
6this State or in cases involving delinquency in complying with
7a child support order or violation of the Non-Support
8Punishment Act and notwithstanding anything that may appear in
9any individual licensing Act or administrative rule, no person
10or entity whose license, certificate, or authority has been
11revoked as authorized in any licensing Act administered by the
12Department may apply for restoration of that license,
13certification, or authority until 3 years after the effective
14date of the revocation.
15    (b) The Department may, when a fee is payable to the
16Department for a wall certificate of registration provided by
17the Department of Central Management Services, require that
18portion of the payment for printing and distribution costs be
19made directly or through the Department to the Department of
20Central Management Services for deposit into the Paper and
21Printing Revolving Fund. The remainder shall be deposited into
22the General Revenue Fund.
23    (c) For the purpose of securing and preparing evidence, and
24for the purchase of controlled substances, professional
25services, and equipment necessary for enforcement activities,
26recoupment of investigative costs, and other activities



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1directed at suppressing the misuse and abuse of controlled
2substances, including those activities set forth in Sections
3504 and 508 of the Illinois Controlled Substances Act, the
4Director and agents appointed and authorized by the Director
5may expend sums from the Professional Regulation Evidence Fund
6that the Director deems necessary from the amounts appropriated
7for that purpose. Those sums may be advanced to the agent when
8the Director deems that procedure to be in the public interest.
9Sums for the purchase of controlled substances, professional
10services, and equipment necessary for enforcement activities
11and other activities as set forth in this Section shall be
12advanced to the agent who is to make the purchase from the
13Professional Regulation Evidence Fund on vouchers signed by the
14Director. The Director and those agents are authorized to
15maintain one or more commercial checking accounts with any
16State banking corporation or corporations organized under or
17subject to the Illinois Banking Act for the deposit and
18withdrawal of moneys to be used for the purposes set forth in
19this Section; provided, that no check may be written nor any
20withdrawal made from any such account except upon the written
21signatures of 2 persons designated by the Director to write
22those checks and make those withdrawals. Vouchers for those
23expenditures must be signed by the Director. All such
24expenditures shall be audited by the Director, and the audit
25shall be submitted to the Department of Central Management
26Services for approval.



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1    (d) Whenever the Department is authorized or required by
2law to consider some aspect of criminal history record
3information for the purpose of carrying out its statutory
4powers and responsibilities, then, upon request and payment of
5fees in conformance with the requirements of Section 2605-400
6of the Department of State Police Law (20 ILCS 2605/2605-400),
7the Department of State Police is authorized to furnish,
8pursuant to positive identification, the information contained
9in State files that is necessary to fulfill the request.
10    (e) The provisions of this Section do not apply to private
11business and vocational schools as defined by Section 15 of the
12Private Business and Vocational Schools Act of 2012.
13    (f) (Blank).
14    (g) Notwithstanding anything that may appear in any
15individual licensing statute or administrative rule, the
16Department shall deny any license application or renewal
17authorized under any licensing Act administered by the
18Department to any person who has failed to file a return, or to
19pay the tax, penalty, or interest shown in a filed return, or
20to pay any final assessment of tax, penalty, or interest, as
21required by any tax Act administered by the Illinois Department
22of Revenue, until such time as the requirement of any such tax
23Act are satisfied; however, the Department may issue a license
24or renewal if the person has established a satisfactory
25repayment record as determined by the Illinois Department of
26Revenue. For the purpose of this Section, "satisfactory



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1repayment record" shall be defined by rule.
2    In addition, a complaint filed with the Department by the
3Illinois Department of Revenue that includes a certification,
4signed by its Director or designee, attesting to the amount of
5the unpaid tax liability or the years for which a return was
6not filed, or both, is prima facie evidence of the licensee's
7failure to comply with the tax laws administered by the
8Illinois Department of Revenue. Upon receipt of that
9certification, the Department shall, without a hearing,
10immediately suspend all licenses held by the licensee.
11Enforcement of the Department's order shall be stayed for 60
12days. The Department shall provide notice of the suspension to
13the licensee by mailing a copy of the Department's order by
14certified and regular mail to the licensee's last known address
15as registered with the Department. The notice shall advise the
16licensee that the suspension shall be effective 60 days after
17the issuance of the Department's order unless the Department
18receives, from the licensee, a request for a hearing before the
19Department to dispute the matters contained in the order.
20    Any suspension imposed under this subsection (g) shall be
21terminated by the Department upon notification from the
22Illinois Department of Revenue that the licensee is in
23compliance with all tax laws administered by the Illinois
24Department of Revenue.
25    The Department may promulgate rules for the administration
26of this subsection (g).



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1    (h) The Department may grant the title "Retired", to be
2used immediately adjacent to the title of a profession
3regulated by the Department, to eligible retirees. For
4individuals licensed under the Medical Practice Act of 1987,
5the title "Retired" may be used in the profile required by the
6Patients' Right to Know Act. The use of the title "Retired"
7shall not constitute representation of current licensure,
8registration, or certification. Any person without an active
9license, registration, or certificate in a profession that
10requires licensure, registration, or certification shall not
11be permitted to practice that profession.
12    (i) Within 180 days after December 23, 2009 (the effective
13date of Public Act 96-852), the Department shall promulgate
14rules which permit a person with a criminal record, who seeks a
15license or certificate in an occupation for which a criminal
16record is not expressly a per se bar, to apply to the
17Department for a non-binding, advisory opinion to be provided
18by the Board or body with the authority to issue the license or
19certificate as to whether his or her criminal record would bar
20the individual from the licensure or certification sought,
21should the individual meet all other licensure requirements
22including, but not limited to, the successful completion of the
23relevant examinations.
24    (j) The Department shall establish a service dog license
25program under which a dog acting as a service dog shall be
26licensed. The Department shall adopt rules requiring that:



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1        (1) the service dog respond to commands, which shall
2    include basic obedience and skilled tasks from the client
3    90% of the time on the first ask in all public and home
4    environments;
5        (2) the service dog demonstrate basic obedience skills
6    by responding to voice and hand signals for sitting,
7    staying in place, lying down, walking in a controlled
8    position near the client, and coming to the client when
9    called;
10        (3) the service dog meet all the standards as laid out
11    in the Assistance Dogs International minimum standards for
12    assistance dogs in public and be equally well behaved in
13    the home;
14        (4) the service dog be trained to perform at least 3
15    tasks to mitigate the client's disability;
16        (5) the service dog's identification be accomplished
17    with a laminated identification card with a photograph or
18    photographs and names of the dog and client;
19        (6) in public, the service dog wear a cape, harness,
20    backpack, or other similar piece of equipment or clothing
21    with a logo that is clear, easy to read, and identifiable
22    as assistance dogs;
23        (7) prior to placement, every service dog meet the
24    Assistance Dog International Standards and Ethics
25    regarding dogs, be spayed or neutered, and have current
26    vaccination certificates as determined by the dog's



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1    veterinarian and applicable laws.
2(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
3eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; 99-642,
4eff. 7-28-16.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.