[NAGDU] Illinois Representative Manley is at it again...

NAGDU President blind411 at verizon.net
Mon Feb 13 14:30:55 UTC 2017


Wayne,

	Please call me ASAP about this. Thanks a bunch!

Marion



Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG


The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise expectations because low expectations create barriers between blind  people and our dreams. You can live the life you want! Blindness is not what holds you back.


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Wayne And Harley via NAGDU
Sent: Saturday, February 11, 2017 10:59 PM
To: NAGDU email list
Cc: Wayne And Harley
Subject: [NAGDU] Illinois Representative Manley is at it again...

This is a heads up about a bill that died last year and is being proposed again, nearly word for word. It, frankly, is toxic. Members of the group from Illinois please contact me off list to coordinate resistance to this poisonous thing. The text of it is below my signature. 
 Wayne And Harley 

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[Illinois AMBER Alert]

Missing Kids
		

Full Text of HB3162
Introduced
Printer-Friendly Version  PDF  Bill Status

 

 
		

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3162

 
Introduced , by Rep. Natalie A. Manley

 
SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-15	

    Amends the Department of Financial and Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to establish a service dog license program under which a dog acting as a service dog shall be licensed. Requires the Department to establish rules, and provides requirements for those rules. Effective immediately.


				LRB100 08038 SMS 18123 b

	
FISCAL NOTE ACT MAY APPLY
	

 

 
A BILL FOR

 
		HB3162		LRB100 08038 SMS 18123 b

1		    AN ACT concerning State government.
 
2		    Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
 
4		    Section 5. The Department of Professional Regulation Law of
5		the Civil Administrative Code of Illinois is amended by
6		changing Section 2105-15 as follows:
 
7		    (20 ILCS 2105/2105-15)
8		    Sec. 2105-15. General powers and duties.
9		    (a) The Department has, subject to the provisions of the
10		Civil Administrative Code of Illinois, the following powers and
11		duties:
12		        (1) To authorize examinations in English to ascertain
13		    the qualifications and fitness of applicants to exercise
14		    the profession, trade, or occupation for which the
15		    examination is held.
16		        (2) To prescribe rules and regulations for a fair and
17		    wholly impartial method of examination of candidates to
18		    exercise the respective professions, trades, or
19		    occupations.
20		        (3) To pass upon the qualifications of applicants for
21		    licenses, certificates, and authorities, whether by
22		    examination, by reciprocity, or by endorsement.
23		        (4) To prescribe rules and regulations defining, for

 

 
		HB3162	- 2 -	LRB100 08038 SMS 18123 b

1		    the respective professions, trades, and occupations, what
2		    shall constitute a school, college, or university, or
3		    department of a university, or other institution,
4		    reputable and in good standing, and to determine the
5		    reputability and good standing of a school, college, or
6		    university, or department of a university, or other
7		    institution, reputable and in good standing, by reference
8		    to a compliance with those rules and regulations; provided,
9		    that no school, college, or university, or department of a
10		    university, or other institution that refuses admittance
11		    to applicants solely on account of race, color, creed, sex,
12		    sexual orientation, or national origin shall be considered
13		    reputable and in good standing.
14		        (5) To conduct hearings on proceedings to revoke,
15		    suspend, refuse to renew, place on probationary status, or
16		    take other disciplinary action as authorized in any
17		    licensing Act administered by the Department with regard to
18		    licenses, certificates, or authorities of persons
19		    exercising the respective professions, trades, or
20		    occupations and to revoke, suspend, refuse to renew, place
21		    on probationary status, or take other disciplinary action
22		    as authorized in any licensing Act administered by the
23		    Department with regard to those licenses, certificates, or
24		    authorities.
25		        The Department shall issue a monthly disciplinary
26		    report.

 

 
		HB3162	- 3 -	LRB100 08038 SMS 18123 b

1		        The Department shall deny any license or renewal
2		    authorized by the Civil Administrative Code of Illinois to
3		    any person who has defaulted on an educational loan or
4		    scholarship provided by or guaranteed by the Illinois
5		    Student Assistance Commission or any governmental agency
6		    of this State; however, the Department may issue a license
7		    or renewal if the aforementioned persons have established a
8		    satisfactory repayment record as determined by the
9		    Illinois Student Assistance Commission or other
10		    appropriate governmental agency of this State.
11		    Additionally, beginning June 1, 1996, any license issued by
12		    the Department may be suspended or revoked if the
13		    Department, after the opportunity for a hearing under the
14		    appropriate licensing Act, finds that the licensee has
15		    failed to make satisfactory repayment to the Illinois
16		    Student Assistance Commission for a delinquent or
17		    defaulted loan. For the purposes of this Section,
18		    "satisfactory repayment record" shall be defined by rule.
19		        The Department shall refuse to issue or renew a license
20		    to, or shall suspend or revoke a license of, any person
21		    who, after receiving notice, fails to comply with a
22		    subpoena or warrant relating to a paternity or child
23		    support proceeding. However, the Department may issue a
24		    license or renewal upon compliance with the subpoena or
25		    warrant.
26		        The Department, without further process or hearings,

 

 
		HB3162	- 4 -	LRB100 08038 SMS 18123 b

1		    shall revoke, suspend, or deny any license or renewal
2		    authorized by the Civil Administrative Code of Illinois to
3		    a person who is certified by the Department of Healthcare
4		    and Family Services (formerly Illinois Department of
5		    Public Aid) as being more than 30 days delinquent in
6		    complying with a child support order or who is certified by
7		    a court as being in violation of the Non-Support Punishment
8		    Act for more than 60 days. The Department may, however,
9		    issue a license or renewal if the person has established a
10		    satisfactory repayment record as determined by the
11		    Department of Healthcare and Family Services (formerly
12		    Illinois Department of Public Aid) or if the person is
13		    determined by the court to be in compliance with the
14		    Non-Support Punishment Act. The Department may implement
15		    this paragraph as added by Public Act 89-6 through the use
16		    of emergency rules in accordance with Section 5-45 of the
17		    Illinois Administrative Procedure Act. For purposes of the
18		    Illinois Administrative Procedure Act, the adoption of
19		    rules to implement this paragraph shall be considered an
20		    emergency and necessary for the public interest, safety,
21		    and welfare.
22		        (6) To transfer jurisdiction of any realty under the
23		    control of the Department to any other department of the
24		    State Government or to acquire or accept federal lands when
25		    the transfer, acquisition, or acceptance is advantageous
26		    to the State and is approved in writing by the Governor.

 

 
		HB3162	- 5 -	LRB100 08038 SMS 18123 b

1		        (7) To formulate rules and regulations necessary for
2		    the enforcement of any Act administered by the Department.
3		        (8) To exchange with the Department of Healthcare and
4		    Family Services information that may be necessary for the
5		    enforcement of child support orders entered pursuant to the
6		    Illinois Public Aid Code, the Illinois Marriage and
7		    Dissolution of Marriage Act, the Non-Support of Spouse and
8		    Children Act, the Non-Support Punishment Act, the Revised
9		    Uniform Reciprocal Enforcement of Support Act, the Uniform
10		    Interstate Family Support Act, the Illinois Parentage Act
11		    of 1984, or the Illinois Parentage Act of 2015.
12		    Notwithstanding any provisions in this Code to the
13		    contrary, the Department of Professional Regulation shall
14		    not be liable under any federal or State law to any person
15		    for any disclosure of information to the Department of
16		    Healthcare and Family Services (formerly Illinois
17		    Department of Public Aid) under this paragraph (8) or for
18		    any other action taken in good faith to comply with the
19		    requirements of this paragraph (8).
20		        (8.5) To accept continuing education credit for
21		    mandated reporter training on how to recognize and report
22		    child abuse offered by the Department of Children and
23		    Family Services and completed by any person who holds a
24		    professional license issued by the Department and who is a
25		    mandated reporter under the Abused and Neglected Child
26		    Reporting Act. The Department shall adopt any rules

 

 
		HB3162	- 6 -	LRB100 08038 SMS 18123 b

1		    necessary to implement this paragraph.
2		        (9) To perform other duties prescribed by law.
3		    (a-5) Except in cases involving default on an educational
4		loan or scholarship provided by or guaranteed by the Illinois
5		Student Assistance Commission or any governmental agency of
6		this State or in cases involving delinquency in complying with
7		a child support order or violation of the Non-Support
8		Punishment Act and notwithstanding anything that may appear in
9		any individual licensing Act or administrative rule, no person
10		or entity whose license, certificate, or authority has been
11		revoked as authorized in any licensing Act administered by the
12		Department may apply for restoration of that license,
13		certification, or authority until 3 years after the effective
14		date of the revocation.
15		    (b) The Department may, when a fee is payable to the
16		Department for a wall certificate of registration provided by
17		the Department of Central Management Services, require that
18		portion of the payment for printing and distribution costs be
19		made directly or through the Department to the Department of
20		Central Management Services for deposit into the Paper and
21		Printing Revolving Fund. The remainder shall be deposited into
22		the General Revenue Fund.
23		    (c) For the purpose of securing and preparing evidence, and
24		for the purchase of controlled substances, professional
25		services, and equipment necessary for enforcement activities,
26		recoupment of investigative costs, and other activities

 

 
		HB3162	- 7 -	LRB100 08038 SMS 18123 b

1		directed at suppressing the misuse and abuse of controlled
2		substances, including those activities set forth in Sections
3		504 and 508 of the Illinois Controlled Substances Act, the
4		Director and agents appointed and authorized by the Director
5		may expend sums from the Professional Regulation Evidence Fund
6		that the Director deems necessary from the amounts appropriated
7		for that purpose. Those sums may be advanced to the agent when
8		the Director deems that procedure to be in the public interest.
9		Sums for the purchase of controlled substances, professional
10		services, and equipment necessary for enforcement activities
11		and other activities as set forth in this Section shall be
12		advanced to the agent who is to make the purchase from the
13		Professional Regulation Evidence Fund on vouchers signed by the
14		Director. The Director and those agents are authorized to
15		maintain one or more commercial checking accounts with any
16		State banking corporation or corporations organized under or
17		subject to the Illinois Banking Act for the deposit and
18		withdrawal of moneys to be used for the purposes set forth in
19		this Section; provided, that no check may be written nor any
20		withdrawal made from any such account except upon the written
21		signatures of 2 persons designated by the Director to write
22		those checks and make those withdrawals. Vouchers for those
23		expenditures must be signed by the Director. All such
24		expenditures shall be audited by the Director, and the audit
25		shall be submitted to the Department of Central Management
26		Services for approval.

 

 
		HB3162	- 8 -	LRB100 08038 SMS 18123 b

1		    (d) Whenever the Department is authorized or required by
2		law to consider some aspect of criminal history record
3		information for the purpose of carrying out its statutory
4		powers and responsibilities, then, upon request and payment of
5		fees in conformance with the requirements of Section 2605-400
6		of the Department of State Police Law (20 ILCS 2605/2605-400),
7		the Department of State Police is authorized to furnish,
8		pursuant to positive identification, the information contained
9		in State files that is necessary to fulfill the request.
10		    (e) The provisions of this Section do not apply to private
11		business and vocational schools as defined by Section 15 of the
12		Private Business and Vocational Schools Act of 2012.
13		    (f) (Blank).
14		    (g) Notwithstanding anything that may appear in any
15		individual licensing statute or administrative rule, the
16		Department shall deny any license application or renewal
17		authorized under any licensing Act administered by the
18		Department to any person who has failed to file a return, or to
19		pay the tax, penalty, or interest shown in a filed return, or
20		to pay any final assessment of tax, penalty, or interest, as
21		required by any tax Act administered by the Illinois Department
22		of Revenue, until such time as the requirement of any such tax
23		Act are satisfied; however, the Department may issue a license
24		or renewal if the person has established a satisfactory
25		repayment record as determined by the Illinois Department of
26		Revenue. For the purpose of this Section, "satisfactory

 

 
		HB3162	- 9 -	LRB100 08038 SMS 18123 b

1		repayment record" shall be defined by rule.
2		    In addition, a complaint filed with the Department by the
3		Illinois Department of Revenue that includes a certification,
4		signed by its Director or designee, attesting to the amount of
5		the unpaid tax liability or the years for which a return was
6		not filed, or both, is prima facie evidence of the licensee's
7		failure to comply with the tax laws administered by the
8		Illinois Department of Revenue. Upon receipt of that
9		certification, the Department shall, without a hearing,
10		immediately suspend all licenses held by the licensee.
11		Enforcement of the Department's order shall be stayed for 60
12		days. The Department shall provide notice of the suspension to
13		the licensee by mailing a copy of the Department's order by
14		certified and regular mail to the licensee's last known address
15		as registered with the Department. The notice shall advise the
16		licensee that the suspension shall be effective 60 days after
17		the issuance of the Department's order unless the Department
18		receives, from the licensee, a request for a hearing before the
19		Department to dispute the matters contained in the order.
20		    Any suspension imposed under this subsection (g) shall be
21		terminated by the Department upon notification from the
22		Illinois Department of Revenue that the licensee is in
23		compliance with all tax laws administered by the Illinois
24		Department of Revenue.
25		    The Department may promulgate rules for the administration
26		of this subsection (g).

 

 
		HB3162	- 10 -	LRB100 08038 SMS 18123 b

1		    (h) The Department may grant the title "Retired", to be
2		used immediately adjacent to the title of a profession
3		regulated by the Department, to eligible retirees. For
4		individuals licensed under the Medical Practice Act of 1987,
5		the title "Retired" may be used in the profile required by the
6		Patients' Right to Know Act. The use of the title "Retired"
7		shall not constitute representation of current licensure,
8		registration, or certification. Any person without an active
9		license, registration, or certificate in a profession that
10		requires licensure, registration, or certification shall not
11		be permitted to practice that profession.
12		    (i) Within 180 days after December 23, 2009 (the effective
13		date of Public Act 96-852), the Department shall promulgate
14		rules which permit a person with a criminal record, who seeks a
15		license or certificate in an occupation for which a criminal
16		record is not expressly a per se bar, to apply to the
17		Department for a non-binding, advisory opinion to be provided
18		by the Board or body with the authority to issue the license or
19		certificate as to whether his or her criminal record would bar
20		the individual from the licensure or certification sought,
21		should the individual meet all other licensure requirements
22		including, but not limited to, the successful completion of the
23		relevant examinations.
24		    (j) The Department shall establish a service dog license
25		program under which a dog acting as a service dog shall be
26		licensed. The Department shall adopt rules requiring that:

 

 
		HB3162	- 11 -	LRB100 08038 SMS 18123 b

1		        (1) the service dog respond to commands, which shall
2		    include basic obedience and skilled tasks from the client
3		    90% of the time on the first ask in all public and home
4		    environments;
5		        (2) the service dog demonstrate basic obedience skills
6		    by responding to voice and hand signals for sitting,
7		    staying in place, lying down, walking in a controlled
8		    position near the client, and coming to the client when
9		    called;
10		        (3) the service dog meet all the standards as laid out
11		    in the Assistance Dogs International minimum standards for
12		    assistance dogs in public and be equally well behaved in
13		    the home;
14		        (4) the service dog be trained to perform at least 3
15		    tasks to mitigate the client's disability;
16		        (5) the service dog's identification be accomplished
17		    with a laminated identification card with a photograph or
18		    photographs and names of the dog and client;
19		        (6) in public, the service dog wear a cape, harness,
20		    backpack, or other similar piece of equipment or clothing
21		    with a logo that is clear, easy to read, and identifiable
22		    as assistance dogs;
23		        (7) prior to placement, every service dog meet the
24		    Assistance Dog International Standards and Ethics
25		    regarding dogs, be spayed or neutered, and have current
26		    vaccination certificates as determined by the dog's

 

 
		HB3162	- 12 -	LRB100 08038 SMS 18123 b

1		    veterinarian and applicable laws.
2		(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
3		eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; 99-642,
4		eff. 7-28-16.)
 
5		    Section 99. Effective date. This Act takes effect upon
6		becoming law.
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