Bill Text: IL HB5608 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the Universal Recognition of Occupational Licenses Act. Defines terms, including that “board” means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or government certification to an individual. Provides that, notwithstanding any other State law to the contrary, a board in the State shall issue an occupational license or government certification to a person who holds an occupational license or government certification in another state if the person satisfies specified conditions. Provides that, notwithstanding any other State law to the contrary, a board shall issue an occupational license or government certification to a person upon application based on work experience in another state if the person satisfies specified conditions. Sets forth provisions concerning State law examinations; decisions of a board; appeals; State laws and jurisdiction; exceptions to the Act; limitations of the Act; application fees; and emergency powers. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2024-04-16 - Added Co-Sponsor Rep. Anthony DeLuca [HB5608 Detail]

Download: Illinois-2023-HB5608-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5608

Introduced , by Rep. Paul Jacobs

SYNOPSIS AS INTRODUCED:
New Act

Creates the Universal Recognition of Licenses Act. Defines "board". Provides that, notwithstanding any other State law to the contrary, a board in the State shall issue an occupational license or government certification to a person who holds an occupational license or government certification in another state if the person satisfies specified conditions. Provides that, notwithstanding any other State law to the contrary, a board shall issue an occupational license or government certification to a person upon application based on work experience in another state if the person satisfies specified conditions. Sets forth provisions concerning State law examinations; decisions of a board; appeals; State laws and jurisdiction; exceptions to the Act; limitations of the Act; application fees; and emergency powers. Effective immediately.
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A BILL FOR

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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 1. Short title. This Act may be cited as the
5Universal Recognition of Occupational Licenses Act.
6 Section 5. Definitions. As used in this Act:
7 "Board" means a government agency, board, department, or
8other government entity that regulates a lawful occupation and
9issues an occupational license or government certification to
10an individual.
11 "Government certification" means a voluntary,
12government-granted, and nontransferable recognition to an
13individual who meets personal qualifications related to a
14lawful occupation that upon the government's initial and
15continuing approval, the individual may use "government
16certified" or "state certified" as a title. "Government
17certification" does not mean "occupational license."
18"Government certification" does not include credentials, such
19as those used for medical-board certification or held by a
20certified public accountant, that are prerequisites to working
21lawfully in an occupation.
22 "Lawful occupation" means a course of conduct, pursuit, or
23profession that includes the sale of goods or services that

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1are not themselves illegal to sell irrespective of whether the
2individual selling them is subject to an occupational license.
3 "Military" means the Armed Forces of the United States
4including the Air Force, Army, Coast Guard, Marine Corps,
5Navy, Space Force, National Guard, and all reserve components
6and auxiliaries. "Military" includes the military reserves and
7militia of any United States territory or state.
8 "Occupational license" is a nontransferable authorization
9in law for an individual to perform exclusively a lawful
10occupation based on meeting personal qualifications.
11"Occupational license" includes a military occupational
12specialty.
13 "Other state" or "another state" means any territory, or
14state other than this State in the United States. It also means
15any branch or unit of the military.
16 "Scope of practice" means the procedures, actions,
17processes and work that a person may perform under an
18occupational license or government certification issued in
19this State.
20 Section 10. Recognition of another occupational license or
21government certification.
22 (a) Notwithstanding any other State law to the contrary, a
23board shall issue an occupational license or government
24certification to a person upon application if all the
25following apply:

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1 (1) The person holds a current and valid occupational
2 license or government certification in another state in a
3 lawful occupation with a similar scope of practice, as
4 determined by the relevant board in this State;
5 (2) The person has held the occupational license or
6 government certification in the other state for at least
7 one year;
8 (3) The board in the other state required the person
9 to pass an examination or to meet education, training or
10 experience standards;
11 (4) The board in the other state holds the person in
12 good standing;
13 (5) The person does not have a disqualifying criminal
14 record as determined by the relevant board in this State
15 under State law;
16 (6) No board in another state revoked the person's
17 occupational license or government certification because
18 of negligence or intentional misconduct related to the
19 person's work in the occupation;
20 (7) The person did not surrender an occupational
21 license or government certification because of negligence
22 or intentional misconduct related to the person's work in
23 the occupation in another state;
24 (8) The person does not have a complaint, allegation,
25 or investigation pending before a board in another state
26 which relates to unprofessional conduct or an alleged

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1 crime. If the person has a complaint, allegation, or
2 investigation pending, then the board in this State may
3 not issue or deny an occupational license or government
4 certification to the person until the complaint,
5 allegation, or investigation is resolved or the person
6 otherwise meets the criteria for an occupational license
7 or government certification in this State to the
8 satisfaction of the board in this State; and
9 (9) The person pays all applicable fees to the State.
10 (b) If another state issued the person a government
11certification but the board in this State requires an
12occupational license to work, then the relevant board in this
13State shall issue an occupational license to the person if the
14person otherwise satisfies subsection (a).
15 Section 15. Recognition of work experience.
16Notwithstanding any other State law to the contrary, the board
17shall issue an occupational license or government
18certification to a person upon application based on work
19experience in another state if all the following apply:
20 (1) The person worked in a state that does not use an
21 occupational license or government certification to
22 regulate a lawful occupation, but the State uses an
23 occupational license or government certification to
24 regulate a lawful occupation with a similar scope of
25 practice, as determined by the board;

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1 (2) The person worked for at least 3 years in the
2 lawful occupation; and
3 (3) The person satisfies paragraphs (5), (6), (7),
4 (8), and (9) of subsection (a) of Section 10.
5 Section 20. State law examination. A board may require a
6person to pass a jurisprudential examination specific to
7relevant State laws that regulate the occupation if an
8occupational license or government certification in this State
9requires a person to pass a jurisprudential examination
10specific to relevant State statutes and administrative rules
11that regulate the occupation.
12 Section 25. Decision. The board shall provide the person
13with a written decision regarding the application within 30
14days after receiving a complete application.
15 Section 30. Appeal.
16 (a) The person may appeal the board's decision to a court
17of general jurisdiction.
18 (b) The person may appeal the board's:
19 (1) denial of an occupational license or government
20 certification;
21 (2) determination of the occupation;
22 (3) determination of the similarity of the scope of
23 practice of the occupational license or government

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1 certification issued; or
2 (4) other determinations under this Act.
3 Section 35. State laws and jurisdiction. A person who
4obtains an occupational license or government certification
5pursuant to this chapter is subject to:
6 (1) the laws regulating the occupation in this State;
7 and
8 (2) the jurisdiction of the relevant board in this
9 State.
10 Section 40. Exception. This Act does not apply to an
11occupation regulated by the Illinois Supreme Court.
12 Section 45. Limitations.
13 (a) Nothing in this Act shall be construed to prohibit a
14person from applying for an occupational license or government
15certification under another statute or rule in State law.
16 (b) An occupational license or government certification
17issued pursuant to this Act is valid only in this State. It
18does not make the person eligible to work in another state
19under an interstate compact or reciprocity agreement unless
20otherwise provided in law.
21 (c) Nothing in this chapter shall be construed to prevent
22this State from entering into a licensing compact or
23reciprocity agreement with another state, foreign province, or

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1foreign country.
2 (d) Nothing in this chapter shall be construed to prevent
3this State from recognizing occupational credentials issued by
4a private certification organization, foreign province,
5foreign country, international organization, or other entity.
6 (e) Nothing in this Act may be construed to require a
7private certification organization to grant or deny private
8certification to any individual.
9 Section 50. Application fees. The board may charge a fee,
10not to exceed $100, to an applicant to recoup its costs for
11each application.
12 Section 55. Emergency powers.
13 (a) During a declared emergency, the Governor may order
14the recognition of an occupational license from another state
15or foreign country as if the license was issued by this State.
16 (b) The Governor may expand any license's scope of
17practice and may authorize any licensee to provide services in
18this State in person, telephonically,
or by other means for
19the duration of the emergency.
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