Bill Text: IL HB0806 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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]

Download: Illinois-2021-HB0806-Engrossed.html



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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 5. The Regulatory Sunset Act is amended by
5changing Section 4.32 and by adding Section 4.41 as follows:
6 (5 ILCS 80/4.32)
7 Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9 The Boxing and Full-contact Martial Arts Act.
10 The Cemetery Oversight Act.
11 The Collateral Recovery Act.
12 The Community Association Manager Licensing and
13Disciplinary Act.
14 The Crematory Regulation Act.
15 The Detection of Deception Examiners Act.
16 The Home Inspector License Act.
17 The Illinois Health Information Exchange and Technology
18Act.
19 The Medical Practice Act of 1987.
20 The Registered Interior Designers Act.
21 The Massage Licensing Act.
22 The Petroleum Equipment Contractors Licensing Act.
23 The Radiation Protection Act of 1990.

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1 The Real Estate Appraiser Licensing Act of 2002.
2 The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
6 (5 ILCS 80/4.41 new)
7 Sec. 4.41. Act repealed on January 1, 2032. The following
8Act is repealed on January 1, 2032:
9 The Detection of Deception Examiners Act.
10 Section 10. The Detection of Deception Examiners Act is
11amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by
12adding Section 10.2 as follows:
13 (225 ILCS 430/1) (from Ch. 111, par. 2401)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 1. Definitions. As used in this Act, unless the
16context otherwise requires:
17 "Address of record Record" means the designated address
18recorded by the Department in the applicant's or licensee's
19application file or license file as maintained by the
20Department's licensure maintenance unit. It is the duty of the
21applicant or licensee to inform the Department of any change
22of address and those changes must be made either through the
23Department's website or by contacting the Department.

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1 "Detection of Deception Examination", hereinafter referred
2to as "Examination" means any examination in which a device or
3instrument is used to test or question individuals for the
4purpose of evaluating truthfulness or untruthfulness.
5 "Email address of record" means the designated email
6address recorded by the Department in the applicant's
7application file or the licensee's license file, as maintained
8by the Department's licensure maintenance unit.
9 "Examiner" means any person licensed under this Act.
10 "Person" includes any natural person, partnership,
11association, corporation or trust.
12 "Department" means the Department of Financial and
13Professional Regulation.
14 "Law enforcement agency" means an agency of the State or a
15unit of local government that is vested by law or ordinance
16with the power to maintain public order and to enforce
17criminal laws and ordinances.
18 "Secretary" means the Secretary of Financial and
19Professional Regulation.
20(Source: P.A. 97-168, eff. 7-22-11.)
21 (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
22 (Section scheduled to be repealed on January 1, 2022)
23 Sec. 7.1. Administrative Procedure Act. The Illinois
24Administrative Procedure Act is hereby expressly adopted and
25incorporated herein as if all of the provisions of that Act

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1were included in this Act, except that the provision of
2subsection (d) of Section 10-65 of the Illinois Administrative
3Procedure Act that provides that at hearings the licensee has
4the right to show compliance with all lawful requirements for
5retention, continuation, or renewal of the license is
6specifically excluded. For the purposes of this Act, the
7notice required under Section 10-25 of the Illinois
8Administrative Procedure Act is deemed sufficient when mailed
9or emailed to the last known address of a party.
10(Source: P.A. 100-201, eff. 8-18-17.)
11 (225 ILCS 430/7.3)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 7.3. Appointment of a Hearing Officer. The Secretary
14has the authority to appoint an attorney, licensed to practice
15law in the State of Illinois, to serve as a Hearing Officer in
16any action for refusal to issue or renew a license or to
17discipline a license. The Hearing Officer has full authority
18to conduct the hearing. The appointed Detection of Deception
19Coordinator may attend hearings and advise the Hearing Officer
20on technical matters involving Detection of Deception
21examinations.
22(Source: P.A. 97-168, eff. 7-22-11.)
23 (225 ILCS 430/10.2 new)
24 Sec. 10.2. Address of record; email address of record.

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1All applicants and licensees shall:
2 (1) provide a valid address and email address to the
3 Department, which shall serve as the address of record and
4 email address of record, respectively, at the time of
5 application for licensure or renewal of a license; and
6 (2) inform the Department of any change of address of
7 record or email address of record within 14 days after
8 such change either through the Department's website or by
9 contacting the Department's licensure maintenance unit.
10 (225 ILCS 430/17) (from Ch. 111, par. 2418)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 17. Investigations; notice and hearing. The
13Department may investigate the actions of any applicant or any
14person or persons rendering or offering to render detection of
15deception services or any person holding or claiming to hold a
16license as a licensed examiner. The Department shall, before
17refusing to issue or renew a license or to discipline a
18licensee under Section 14, at least 30 days prior to the date
19set for the hearing, (i) notify the accused in writing of the
20charges made and the time and place for the hearing on the
21charges, (ii) direct him or her to file a written answer with
22the Department under oath within 20 days after the service of
23the notice, and (iii) inform the applicant or licensee that
24failure to file an answer will result in default being taken
25against the applicant or licensee. At the time and place fixed

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1in the notice, the Department shall proceed to hear the
2charges and the parties or their counsel shall be accorded
3ample opportunity to present any pertinent statements,
4testimony, evidence, and arguments. The Department may
5continue the hearing from time to time. In case the person,
6after receiving the notice, fails to file an answer, his or her
7license, may, in the discretion of the Department, be revoked,
8suspended, placed on probationary status, or the Department
9may take whatever disciplinary action considered proper,
10including limiting the scope, nature, or extent of the
11person's practice or the imposition of a fine, without a
12hearing, if the act or acts charged constitute sufficient
13grounds for that action under the Act. The written notice may
14be served by email, by personal delivery, or by certified mail
15to the accused's address of record.
16(Source: P.A. 97-168, eff. 7-22-11.)
17 (225 ILCS 430/20) (from Ch. 111, par. 2421)
18 (Section scheduled to be repealed on January 1, 2022)
19 Sec. 20. Any person affected by a final administrative
20decision of the Department may have such decision reviewed
21judicially by the circuit court of the county wherein such
22person resides. If the plaintiff in the review proceeding is
23not a resident of this State, the venue shall be in Sangamon
24County. The provisions of the Administrative Review Law, and
25all amendments and modifications thereof, and the rules

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1adopted pursuant thereto, shall apply to and govern all
2proceedings for the judicial review of final administrative
3decisions of the Department hereunder. The term
4"administrative decision" is defined as in Section 3-101 of
5the Code of Civil Procedure.
6 The Department shall not be required to certify any record
7to the court or file any answer in court or otherwise appear in
8any court in a judicial Judicial review proceeding, unless and
9until the Department has received from the plaintiff payment
10of the costs of furnishing and certifying the record which
11costs shall be determined by the Department. Exhibits shall be
12certified without cost. Failure on the part of the plaintiff
13to file a receipt in court is grounds for dismissal of the
14action.
15(Source: P.A. 97-168, eff. 7-22-11.)
16 (225 ILCS 430/7.2 rep.)
17 (225 ILCS 430/16 rep.)
18 Section 15. The Detection of Deception Examiners Act is
19amended by repealing Sections 7.2 and 16.
20 Section 99. Effective date. This Act takes effect January
211, 2022, except that this Section and Section 5 take effect
22upon becoming law.

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1 INDEX
2 Statutes amended in order of appearance