Public Act 0240 101ST GENERAL ASSEMBLY

HB1652 Enrolled LRB101 06950 RJF 51983 b

Public Act 101-0240

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Civil Administrative Code of Illinois is amended by changing Section 5-715 as follows:

(20 ILCS 5/5-715)

Sec. 5-715. Expedited licensure for service members and spouses.

(a) In this Section, "service member" means any person who, at the time of application under this Section, is an active duty member of the United States Armed Forces or any reserve component of the United States Armed Forces, the Coast Guard, or the National Guard of any state, commonwealth, or territory of the United States or the District of Columbia or whose active duty service concluded within the preceding 2 years before application.

(a-5) The Department of Financial and Professional Regulation shall within 180 days after the effective date of this amendatory Act of the 101st General Assembly designate one staff member as the military liaison within the Department of Financial and Professional Regulation to ensure proper enactment of the requirements of this Section. The military liaison's responsibilities shall also include, but are not limited to: (1) the management of all expedited applications to ensure processing within 60 days after receipt of a completed application; (2) coordination with all military installation military and family support center directors within this State, including virtual, phone, or in-person periodic meetings with each military installation military and family support center; and (3) training by the military liaison to all directors of each division that issues an occupational or professional license to ensure proper application of this Section. Beginning in 2020, and at the end of each calendar year thereafter, the military liaison shall provide an annual report documenting the expedited licensure program for service members and spouses, and shall deliver that report to the Secretary of Financial and Professional Regulation and the Lieutenant Governor.

(b) Each director of a department that issues an occupational or professional license is authorized to and shall issue an expedited temporary occupational or professional license to a service member who meets the requirements under this Section. The temporary occupational or professional license shall be valid for 6 months after the date of issuance or until a license is granted or a notice to deny a license is issued in accordance with rules adopted by the department issuing the license, whichever occurs first. No temporary occupational or professional license shall be renewed. Review and determination of an application for a license issued by the department shall be expedited by the department within 60 days after the date on which the applicant provides the department with all necessary documentation required for licensure. An expedited license shall be issued by the department to any service members meeting the application requirements of this Section, regardless of whether the service member currently resides in this State. The service member shall apply to the department on forms provided by the department. An application must include proof that:

(1) the applicant is a service member;

(2) the applicant holds a valid license in good standing for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant is assigned to a duty station in this State, or has established legal residence in this State, or will reside in this State within 6 months after the date of application;

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license; the applicant shall pay the fee to the Department of State Police or to the fingerprint vendor for electronic fingerprint processing; no temporary occupational or professional license shall be issued to an applicant if the statewide or national criminal history check discloses information that would cause the denial of an application for licensure under any applicable occupational or professional licensing Act;

(5) the applicant is not ineligible for licensure pursuant to Section 2105-165 of the Civil Administrative Code of Illinois;

(6) the applicant has submitted an application for full licensure; and

(7) the applicant has paid the required fee; fees shall not be refundable.

(c) Each director of a department that issues an occupational or professional license is authorized to and shall issue an expedited temporary occupational or professional license to the spouse of a service member who meets the requirements under this Section. The temporary occupational or professional license shall be valid for 6 months after the date of issuance or until a license is granted or a notice to deny a license is issued in accordance with rules adopted by the department issuing the license, whichever occurs first. No temporary occupational or professional license shall be renewed. Review and determination of an application for a license shall be expedited by the department within 60 days after the date on which the applicant provides the department with all necessary documentation required for licensure. An expedited license shall be issued by the department to any spouse of a service member meeting the application requirements of this Section, regardless of whether the spouse or the service member currently reside in this State. The spouse of a service member shall apply to the department on forms provided by the department. An application must include proof that:

(1) the applicant is the spouse of a service member;

(2) the applicant holds a valid license in good standing for the occupation or profession issued by another state, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction and the requirements for licensure in the other jurisdiction are determined by the department to be substantially equivalent to the standards for licensure of this State;

(3) the applicant's spouse is assigned to a duty station in this State, or has established legal residence in this State, or will reside in this State within 6 months after the date of application;

(4) a complete set of the applicant's fingerprints has been submitted to the Department of State Police for statewide and national criminal history checks, if applicable to the requirements of the department issuing the license; the applicant shall pay the fee to the Department of State Police or to the fingerprint vendor for electronic fingerprint processing; no temporary occupational or professional license shall be issued to an applicant if the statewide or national criminal history check discloses information that would cause the denial of an application for licensure under any applicable occupational or professional licensing Act;

(5) the applicant is not ineligible for licensure pursuant to Section 2105-165 of the Civil Administrative Code of Illinois;

(6) the applicant has submitted an application for full licensure; and

(7) the applicant has paid the required fee; fees shall not be refundable.

(c-5) If a service member or his or her spouse relocates from this State, he or she shall be provided an opportunity to place his or her license in inactive status through coordination with the military liaison. If the service member or his or her spouse returns to this State, he or she may reactivate the license in accordance with the statutory provisions regulating the profession and any applicable administrative rules. The license reactivation shall be expedited and completed within 30 days after receipt of a completed application to reactivate the license. A license reactivation is only applicable when the valid license for which the first issuance of a license was predicated is still valid and in good standing. An application to reactivate a license must include proof that the applicant still holds a valid license in good standing for the occupation or profession issued in another State, commonwealth, possession, or territory of the United States, the District of Columbia, or any foreign jurisdiction.

(d) All relevant experience of a service member or his or her spouse in the discharge of official duties, including full-time and part-time experience, shall be credited in the calculation of any years of practice in an occupation or profession as may be required under any applicable occupational or professional licensing Act. All relevant training provided by the military and completed by a service member shall be credited to that service member as meeting any training or education requirement under any applicable occupational or professional licensing Act, provided that the training or education is determined by the department to be substantially equivalent to that required under any applicable Act and is not otherwise contrary to any other licensure requirement.

(e) A department may adopt any rules necessary for the implementation and administration of this Section and shall by rule provide for fees for the administration of this Section.

(Source: P.A. 97-710, eff. 1-1-13; 98-463, eff. 8-16-13.)