So can you capsolize her proposals? I think, the first item is, she is
proposing the faising out of owner trained service dogs and trying to
implement only programmed trained service dogs as having accessability
rights. Please correct me if I am wrong.
On 2/11/17, Wayne And Harley <k9dad@xxxxxxxx> wrote:
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. It's 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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Wayne M. Scace
