Comments: IL HB0806 | 2021-2022 | 102nd General Assembly

Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Boxing and Full-contact Martial Arts Act, the Cemetery Oversight Act, the Community Association Manager Licensing and Disciplinary Act, the Detection of Deception Examiners Act, the Home Inspector License Act, the Massage Therapy Practice Act, the Medical Practice Act of 1987, the Petroleum Equipment Contractors Licensing Act, the Radiation Protection Act of 1990, the Real Estate Appraiser Licensing Act of 2002, and the Registered Interior Designers Act from January 1, 2022 to January 1, 2027. Amends the Mercury Thermostat Collection Act to change the repeal date of the Act from January 1, 2022 to January 1, 2023. Amends the Boxing and Full-contact Martial Arts Act. Provides that, on and after January 1, 2023, a promoter for an amateur full-contact martial arts contest shall obtain a permit issued by the Department under the requirements and standards set forth in the Act and the rules of the Department of Financial and Professional Regulation and that the Department shall not approve a sanctioning body. Allows for electronic notice or delivery in various situations. Requires additional documentation to be submitted to the Department by a promoter. Provides that an applicant over age 35 who has not competed in a professional or amateur contest within the last 12 (rather than 36) months preceding the application may be required to appear before the Department to determine his or her fitness to participate in a contest. Increases from $35,000 to $50,000 the maximum amount of fees charged on amounts over $500,000 and increases the time in which to pay the fees to the Department. Makes changes related to addresses and email addresses of record, State of Illinois Athletic Board membership and terms, powers of the Board, powers and duties of the Department, restricted contests and events, licenses, discipline and sanctions, investigations and hearings, fines, fees for amateur full-contact martial arts events, violations of the Act, and medical suspensions. Repeals or reorganizes provisions relating to the Director of Professional Regulation, registration of amateurs, unlicensed practice, qualifications for registration, and others. Amends the Cemetery Oversight Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation. Provides that all information collected by the Department in the course of an investigation shall be maintained for the confidential use of the Department. Provides that the Secretary of Financial and Professional Regulation has the authority to appoint an attorney licensed in Illinois to serve as a hearing officer in specified actions. Makes changes in provisions concerning definitions; the powers and duties of the Department; application for original license; qualifications for licensure; certification; renewal, reinstatement, or restoration of a license; contracts; fees; exemptions; citations; grounds for disciplinary action; injunction and cease and desist orders; investigation, notice, and hearings; motions for rehearing; record of proceedings; restoration of licenses from discipline; administrative review; and unlicensed practice. Makes other changes. Repeals provisions concerning denial of license or exemption from licensure; findings and recommendations; rehearing; secretary, rehearing; certifications of record, costs; civil action and civil penalties; whistleblower protection; rules; roster; and the Cemetery Oversight Board. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning the prohibited uses of roster information and board reports. Amends the Community Association Manager Licensing and Disciplinary Act. Makes various changes concerning definitions, licensing, exemptions from licensing, the Community Association Manager Licensing and Disciplinary Board, immunity from liability, the powers and duties of the Department of Financial and Professional Regulation, qualifications for licensure, examinations, insurance, licensing, the Community Association Manager Licensing and Disciplinary Fund, fines, endorsement, discipline, citations, violations, investigations, hearings, limitations, rights of action, home rule, and other matters. Amends the Detection of Deception Examiners Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, and shall inform the Department of any change of address of record or email address of record within 14 days after such change. Repeals a provision authorizing the Secretary of Financial and Professional Regulation to appoint a Detection of Deception Examiners Act Coordinator to assist the Department in the administration of this Act (and makes conforming changes throughout the Act). Repeals a provision that requires the Department to maintain a roster of the names and addresses of all licensees and registrants and of all persons whose licenses have been suspended or revoked within the previous year. Removes language providing that exhibits shall be certified without cost as part of a judicial review proceeding. Amends the Home Inspector License Act. Makes various changes concerning definitions, licensing, endorsement, education, insurance, records, discipline, citations, investigations, review, fees, violations, education providers, and other matters. Amends the Massage Licensing Act. Changes the name of the Act to the Massage Therapy Practice Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address and email address of record. Authorizes certain notices to be emailed to the licensee's email address of record. Removes a provision that allows an applicant to satisfy licensure requirements by holding a current license from another jurisdiction having licensure requirements that include the completion of a massage therapy program of at least 500 hours. Provides that a massage therapist shall include the current license number issued by the Department on all advertisements and that failure to do so is grounds for discipline. Makes changes in provisions concerning exemptions under the Act. Provides that every displayed license shall have the license number visible. Makes other changes. Amends the Professional Service Corporation Act to make corresponding changes. Amends the Medical Practice Act of 1987. Creates the Illinois State Medical Board to carry out the duties of the Medical Disciplinary Board and the Medical Licensing Board under the Act (and makes conforming changes). Provides for membership of the Illinois State Medical Board. Provides that all members of the Medical Licensing Board and the Medical Disciplinary Board shall serve as members of the Medical Board. Requires that a majority of the Illinois State Medical Board members shall be appointed within 260 days after the effective date of the amendatory Act. Repeals provisions concerning the Medical Licensing Board and Medical Disciplinary Board one year after the effective date of the amendatory Act. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; withdrawal of applications; the Complaint Committee; findings and recommendations; and administrative review. Amends the Petroleum Equipment Contractors Licensing Act. Provides that, if a corporation or business entity does not have evidence of current registration, such as a Secretary of State issued Certificate of Good Standing, the Office of the State Fire Marshal has the authority to deny or revoke the license of such a corporation or business entity. Provides that a lapsed license may not be reinstated until an application (rather than a written application) is filed. Removes language providing that, if a license or certificate is lost, a duplicate shall be issued upon payment of the required fee. Removes language providing that licensees shall be subject to disciplinary action for being a habitual drunk or having a habitual addiction to the use of morphine, cocaine, controlled substances, or other habit-forming drugs. Allows the Office of the State Fire Marshal to adopt rules to permit the issuance of citations for certain violations of the Act or the rules adopted under the Act. Amends the Real Estate Appraiser Licensing Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation. Creates provisions concerning inactive licenses; citations; and illegal discrimination. Makes changes in provisions concerning private rights of action, necessity of license, use of title, exemptions; applications for State certified general real estate appraiser; application for State certified residential real estate appraiser; application for associate real estate trainee appraiser; duration of application; criminal history records checks; renewal of license; qualifying education requirements; scope of practice; standards of practice; unlicensed practice; grounds for disciplinary action; investigation, notice, and hearing; credit card charges; course approval; the Real Estate Appraisal Administration and Disciplinary Board; Department powers and duties; rules; and savings provisions. Repeals provisions concerning surveys and the Appraisal Administration Fund. Makes other changes. Amends the Appraisal Management Company Registration Act. Provides that nothing in the Act shall apply to a department or division of an entity that provides appraisal management services only to that entity. Makes changes to definitions. Makes amendatory changes to the Boxing and Full-contact Martial Arts Act, the Cemetery Oversight Act, the Community Association Manager Licensing and Disciplinary Act, the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the Detection of Deception Examiners Act, the Home Inspector License Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Petroleum Equipment Contractors Licensing Act, the Professional Service Corporation Act, the Radiation Protection Act of 1990, the Real Estate Appraiser Licensing Act of 2002, and the Registered Interior Designers Act. Amends the Registered Interior Designers Act. Provides that all applicants and registrants under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record. Provides that nothing in the Act shall authorize registered interior designers to advertise services that they are prohibited to perform, including architecture or engineering services. Makes changes in provisions concerning the Board of Registered Interior Design Professionals; board recommendations; investigations and notice of hearings; restoration of registrations; the Illinois Administrative Procedure Act; confidentiality of information; and the General Professions Dedicated Fund. Makes other changes. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act, the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, and the Cemetery Oversight Act take effect immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0020 [HB0806 Detail]

Text: Latest bill text (Chaptered) [HTML]

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