Bill Text: IL SB3646 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Occupational Board Reform Act. Provides for the statement of policy. Provides that an individual with a criminal conviction may submit to the appropriate occupational board a preliminary application for an occupational license, government certification, or State recognition of the individual's personal qualifications for a determination as to whether the individual's criminal conviction would disqualify the individual from obtaining the occupational license, government certification, or State recognition of the individual's personal qualifications. Provides that the appropriate occupational board shall issue the determination in writing within 90 days after receiving the preliminary application. Provides that an occupational board may charge a fee not to exceed $100 for each preliminary application filed. Provides that an individual may appeal the determination. Provides specified requirements concerning the preliminary application and determination. Requires each standing committee of the General Assembly to review and analyze approximately 20% of the occupational regulations within its jurisdiction and submit an annual report electronically to the General Assembly by December 15 of each year beginning in 2019. Provides requirements for the specified annual report. Provides that the standing committee shall complete the specified process for all occupational regulations within its jurisdiction within 5 years and every 5 years thereafter. Provides that if the standing committee finds that it is necessary to change occupational regulations, the standing committee shall recommend the least restrictive regulation consistent with the public interest and specified policies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3646 Detail]

Download: Illinois-2017-SB3646-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3646 Introduced 11/13/2018, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED:
New Act
Creates the Occupational Board Reform Act. Provides for the statement of policy. Provides that an individual with a criminal conviction may submit to the appropriate occupational board a preliminary application for an occupational license, government certification, or State recognition of the individual's personal qualifications for a determination as to whether the individual's criminal conviction would disqualify the individual from obtaining the occupational license, government certification, or State recognition of the individual's personal qualifications. Provides that the appropriate occupational board shall issue the determination in writing within 90 days after receiving the preliminary application. Provides that an occupational board may charge a fee not to exceed $100 for each preliminary application filed. Provides that an individual may appeal the determination. Provides specified requirements concerning the preliminary application and determination. Requires each standing committee of the General Assembly to review and analyze approximately 20% of the occupational regulations within its jurisdiction and submit an annual report electronically to the General Assembly by December 15 of each year beginning in 2019. Provides requirements for the specified annual report. Provides that the standing committee shall complete the specified process for all occupational regulations within its jurisdiction within 5 years and every 5 years thereafter. Provides that if the standing committee finds that it is necessary to change occupational regulations, the standing committee shall recommend the least restrictive regulation consistent with the public interest and specified policies.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Occupational Board Reform Act.
Section 5. Definitions. In this Act:
"Certificate" or "certification", with regard to health
professionals, means a voluntary process by which a statutory
regulatory entity grants recognition to an individual who has
met certain prerequisite qualifications specified by such
regulatory entity and who may assume or use the term
"certified" in the title or designation to perform prescribed
professional tasks.
"Government certification" means a nontransferable
recognition granted to an individual by an occupational board
through a voluntary program in which the individual meets
personal qualifications established by the General Assembly
and that allows the certified individual to use a designated
title.
"Lawful occupation" means a course of conduct, a pursuit,
or a profession that includes the sale of goods or services
that are not themselves illegal to sell irrespective of whether
the individual selling them is subject to an occupational

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regulation.
"Least restrictive regulation" means one of the following
types of regulation, listed from least restrictive to most
restrictive, consistent with the health, safety, and welfare of
the public:
(1) market competition;
(2) third-party or consumer-created ratings and
reviews;
(3) private certification;
(4) specific private civil causes of action to remedy
consumer harm;
(5) deceptive trade practices under the Uniform
Deceptive Trade Practices Act;
(6) mandatory disclosure of attributes of the specific
goods or services;
(7) regulation of the process of providing the specific
goods or services to consumers;
(8) inspection;
(9) bonding or insurance;
(10) registration;
(11) government certification; and
(12) occupational license.
"Occupational board" means a board, commission,
department, or other entity created by State law that regulates
providers through occupational regulations.
"Occupational license" means a nontransferable

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authorization in law (1) for an individual to perform
exclusively a lawful occupation for compensation based on
meeting personal qualifications established by the General
Assembly and (2) that is required in order to legally perform
the lawful occupation for compensation.
"Occupational regulation" means a statute, rule,
regulation, practice, policy, or other State law requiring an
individual to possess certain personal qualifications or to
comply with registration requirements to use an occupational
title or work in a lawful occupation. "Occupational regulation"
includes any government certification, registration, or
occupational license. "Occupational regulation" does not
include (1) business licensure, facility licensure, building
permit requirements, or zoning and land-use regulations,
except to the extent that the same State laws that require a
business license, a facility license, or a building permit or
zoning and land-use regulations also regulate an individual's
personal qualifications to perform a lawful occupation or (2)
an occupational license administered by the Supreme Court.
"Personal qualifications" means criteria related to an
individual's personal background and characteristics,
including completion of an approved educational program,
satisfactory performance on an examination, work experience,
other evidence of attainment of requisite skills or knowledge,
moral standing, criminal history, and completion of continuing
education.

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"Private certification" means a nontransferable
recognition granted to an individual by a private organization
through a voluntary program in which the individual meets
personal qualifications established by the private
organization.
"Provider" means an individual provider of goods or
services engaged in a lawful occupation.
"Registration" means a nontransferable registration
granted to an individual under which (1) the individual is
required to give notice to the government, which may include
the individual's name and address, the individual's agent for
service of process, the location of the activity to be
performed, and a description of the service the individual
provides, (2) upon receipt of the notice by the government, the
individual may use the term "registered" as a designated title
to engage in a lawful occupation, and (3) such notice is
required to engage in the lawful occupation for compensation
and is required in order to use the term "registered" as a
designated title to engage in the lawful occupation.
"Registration" may require a bond or insurance.
Section 10. Use of terms. For purposes of this Act:
(1) Government certification and registration are not
synonymous with occupational license.
(2) Except as provided in Section 5 of this Act, when
the terms "certification" and "certified" are used outside

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of this Act to mean a requirement that an individual meet
certain personal qualifications to work legally, those
terms in that context shall be interpreted for purposes of
this Act as requiring an individual to meet the
requirements for an occupational license.
(3) Except as provided in Section 5 of this Act, when
the terms "registration" and "registered" are used outside
of this Act to mean a requirement that an individual meet
certain personal qualifications to work legally, those
terms in that context shall be interpreted for purposes of
this Act as requiring an individual to meet the
requirements for an occupational license.
Section 15. Statement of policy. It is the policy of the
State of Illinois:
(1) To protect the fundamental right of an individual
to pursue a lawful occupation.
(2) To use the least restrictive regulation that is
necessary to protect consumers from undue risk of present,
significant, and substantiated harms that clearly threaten
or endanger the health, safety, or welfare of the public
when competition alone is not sufficient and that is
consistent with the public interest.
(3) To enforce an occupational regulation against an
individual only to the extent that the individual sells
goods or services that are included explicitly in the

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statutes that govern the occupation.
(4) To construe and apply occupational regulations to
increase opportunities, promote competition, and encourage
innovation.
(5) To use the least restrictive method of regulation.
(6) To provide ongoing legislative review of
occupational regulations.
Section 20. Individual with criminal conviction;
preliminary application; occupational board; duties;
determination; appeal; fee.
(a) The fundamental right of an individual to pursue an
occupation includes the right of an individual with a criminal
history to obtain an occupational license, government
certification, or State recognition of the individual's
personal qualifications.
(b) An individual who has a criminal conviction may submit
to the appropriate occupational board a preliminary
application for an occupational license, government
certification, or State recognition of the individual's
personal qualifications for a determination as to whether the
individual's criminal conviction would disqualify the
individual from obtaining the occupational license, government
certification, or State recognition of the individual's
personal qualifications from that occupational board. The
preliminary application may be submitted at any time, including

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prior to obtaining required education or paying any fee, other
than the fee for the preliminary application described in
subsection (g) of this Section.
The individual may include with the preliminary
application additional information about the individual's
current circumstances, including the time since the offense,
completion of the criminal sentence, other evidence of
rehabilitation, testimonials, employment history, and
employment aspirations.
(c) Upon receipt of a preliminary application under
subsection (b) of this Section and a fee if required under
subsection (g) of this Section, the appropriate occupational
board shall make a determination of whether the individual's
criminal conviction would disqualify the individual from
obtaining an occupational license, government certification,
or State recognition of the individual's personal
qualifications from that occupational board.
(d) The occupational board shall issue its determination in
writing within 90 days after receiving a preliminary
application under subsection (b) of this Section. The
determination shall include findings of fact and conclusions of
law. If the occupational board determines that the individual's
criminal conviction would disqualify the individual, the
occupational board may advise the individual of any action the
individual may take to remedy the disqualification. If the
occupational board finds that the individual has been convicted

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of a subsequent criminal conviction, the occupational board may
rescind a determination upon finding that the subsequent
criminal conviction would be disqualifying under subsection
(c) of this Section.
(e) The individual may appeal the determination of the
occupational board. The appeal shall be in accordance with
Article 2105 of the Civil Administrative Code of Illinois.
(f) An individual shall not file another preliminary
application under this Section with the same occupational board
within 2 years after the final decision on the previous
preliminary application, except that if the individual has
taken action to remedy the disqualification as advised by the
occupational board, the individual may file another
preliminary application under this Section with the same
occupational board 6 months after the final decision on the
previous preliminary application.
(g) An occupational board may charge a fee not to exceed
$100 for each preliminary application filed under this Section.
The fee is intended to offset the administrative costs incurred
under this Section.
Section 25. Standing committees of the General Assembly;
duties; report; contents.
(a) Beginning in 2019, each standing committee of the
General Assembly shall annually review and analyze
approximately 20% of the occupational regulations within the

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jurisdiction of the committee and prepare and submit an annual
report to the General Assembly. The annual report to the
General Assembly shall be filed by December 15 of each year
with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only as provided in
this Section, in the manner that the Clerk and the Secretary
shall direct. Each committee shall complete this process for
all occupational regulations within its jurisdiction within 5
years and every 5 years thereafter. Each report shall include
the committee's recommendations regarding whether the
occupational regulations should be terminated, continued, or
modified.
(b) Each committee may require the submission of
information by the affected occupational board and other
affected or interested parties.
(c) A committee's report shall include, but not be limited
to, the following:
(1) the title of the regulated occupation and the name
of the occupational board responsible for enforcement of
the occupational regulations;
(2) the statutory citation or other authorization for
the creation of the occupational regulations and
occupational board;
(3) the number of members of the occupational board and
how the members are appointed;
(4) the qualifications for membership on the

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occupational board;
(5) the number of times the occupational board is
required to meet during the year and the number of times it
actually met;
(6) annual budget information for the occupational
board for the 5 most recently completed fiscal years;
(7) for the immediately preceding 5 calendar years, or
for the period of time less than 5 years for which the
information is practically available, the number of
government certifications, occupational licenses, and
registrations the occupational board has issued, revoked,
denied, or assessed penalties against, listed anonymously
and separately per type of credential, and the reasons for
those revocations, denials, and other penalties;
(8) a review of the basic assumptions underlying the
creation of the occupational regulations;
(9) a statement from the occupational board on the
effectiveness of the occupational regulations; and
(10) a comparison of whether and how other states
regulate the occupation.
(d) Subject to subsection (e) of this Section, each
committee shall also analyze, and include in its report,
whether the occupational regulations meet the policies stated
in Section 15 and shall consider the following recommended
courses of action for meeting those policies:
(1) if the need is to protect consumers against fraud,

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the likely recommendation will be to strengthen powers
under the Uniform Deceptive Trade Practices Act or require
disclosures that will reduce misleading attributes of the
specific goods or services;
(2) if the need is to protect consumers against unclean
facilities or to promote general health and safety, the
likely recommendation will be to require periodic
inspections of such facilities;
(3) if the need is to protect consumers against
potential damages from failure by providers to complete a
contract fully or up to standards, the likely
recommendation will be to require that providers be bonded;
(4) if the need is to protect a person who is not party
to a contract between the provider and consumer, the likely
recommendation will be to require that the provider have
insurance;
(5) if the need is to protect consumers against
potential damages by transient providers, the likely
recommendation will be to require that providers register
their businesses with the Secretary of State;
(6) if the need is to protect consumers against a
shortfall or imbalance of knowledge about the goods or
services relative to the providers' knowledge, the likely
recommendation will be to enact government certification;
and
(7) if the need is to address a systematic information

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shortfall such that a reasonable consumer is unable to
distinguish between the quality of providers, there is an
absence of institutions that provide adequate guidance to
the consumer, and the consumer's inability to distinguish
between providers and the lack of adequate guidance allows
for undue risk of present, significant, and substantiated
harms, the likely recommendation will be to enact an
occupational license.
(e) If a lawful occupation is subject to a health
profession regulated by the Department of Financial and
Professional Regulation, then the analysis under subsection
(d) of this Section shall be made using the least restrictive
method of regulation.
(f) In developing recommendations under this Section, the
committee shall review any report issued to the General
Assembly, if applicable, and consider any findings or
recommendations of such report related to the occupational
regulations under review.
(g) If the committee finds that it is necessary to change
occupational regulations, the committee shall recommend the
least restrictive regulation consistent with the public
interest and the policies in this Section and Section 15.