The IAPMO Group Washington Update—November 17, 2017

November 20th, 2017 | Posted by IPIA Admin in Uncategorized - (Comments Off on The IAPMO Group Washington Update—November 17, 2017)
Congressional Update.

This Week. The House passed their version of legislation to overhaul the U.S. tax code while the Senate confirmed a slew of nominations.

Next Week. The House and Senate are in recess until after Thanksgiving.

Tax Reform. The House of Representatives passed their tax reform bill. Under the measure, the corporate income tax rate would be cut to a flat 20%, the current system of taxing U.S. companies’ worldwide income would end, and dozens of breaks would be modified or eliminated. Hours after the House passed their tax bill, their colleagues on the Senate Finance Committee approved a far different version. Some of the biggest differences between the plans include the number of individual income tax brackets, the timing of a corporate income tax rate cut, the future of the estate tax, the taxation of passthrough businesses, and the process for taxing businesses’ international income. Almost all of the Senate’s individual tax changes would be temporary, while most of the House’s changes would be permanent. The Senate is scheduled to vote on their version of the tax reform bill the week of November 26.

Congress to Send Trump His First Defense Policy Legislation. President Donald Trump will receive his first $700 billion defense policy bill, legislation that exceeds legal spending caps, after the Senate cleared the measure this week. The fiscal 2018 defense authorization measure (H.R. 2810) includes $66 billion for war operations in the year that started Oct. 1. Lockheed Martin Corp. and Boeing Co. would see a boost in the Pentagon’s aircraft orders. The bill also would authorize a 2.4 percent pay increase for the military, extends bonuses for service members, and would make permanent a program to pay military widows and widowers $310 a month. The bill marks lawmakers’ determination to put more money into the military even though they have yet to agree on how to address the spending limits that Congress set in the 2011 Budget Control Act (Public Law 112-25). Actual spending decisions will be made later in appropriations legislation.

Water Contamination on Military Bases. The House and Senate included provisions on drinking water contamination in a military spending bill that had been in conference between the two chambers.  The National Defense Authorization Act authorizes $7 million to study the health effects of perfluorinated chemicals. An ingredient in foams that are used to put out oil fires, these chemicals have been found in groundwater on military bases and in wells in nearby communities. The study is due five years after the bill is enacted. The Defense Department will be required to submit a report within 180 days that outlines alternative fire fighting foams. The bill also orders the Defense Department to report on radium in groundwater near Bethpage, New York. The radium is linked to a Naval weapons facility. In addition, lawmakers considered a rider to adopt a wastewater drainage settlement with a large and powerful irrigation district in California. In the end, they did not include in the final measure.

EnergyStar. House Energy and Commerce Sub-Committee held a hearing last week on possible legislation that could lead to major changes to the Energy Star program. The bill’s biggest proposal would transfer the program’s leadership from the EPA to the DOE. “This hearing... is a starting point for reforming the Energy Star program,” said Rep. Bob Latta, R-Ohio, the author of the proposed bill, which hasn’t been formally introduced into Congress. Democrats on the subcommittee were much less enthusiastic. While the Energy Star Reform Act of 2017 would make DOE the lead agency for Energy Star, it would allow for some responsibilities to be delegated to the EPA. Witnesses who testified at the hearing said swapping agency leadership could create confusion and generate extra costs. The draft bill would also require the program to adhere to the Administrative Procedure Act (APA). That would treat every change to an Energy Star specification as agency rulemaking. Because of that, proposed changes would be published in the Federal Register and face a lengthy public-comment period. Critics worry that delays could leave standards lagging far behind product innovation. That, in turn, would undermine consumer confidence in Energy Star, and it could lead to fewer companies participating in the program, which has been called a model of public-private energy-efficiency programs. The draft bill also provides exceptions from the requirement that all products participating in Energy Star be tested by a third-party certification body. It would allow self-certification for makers of electronics products that are in good standing under the program. The High-Performance Buildings Coalition, which IAPMO chairs, has identified Energy Star as an industry priority, and issued a Coalition letter: Here<https://gallery.mailchimp.com/f25a90a64f70c9a877955bae9/files/096cf667-c209-436d-bff9-de1efad4041a/2017_11_energy_star_vfinal.pdf>.

Administration Update.

EPA's Timeline to Rewrite Water Rule May Be Tough to Meet. The Trump administration's “aggressive timeline” to rewrite a regulation clarifying the geographic reach of the Clean Water Act by the end of 2018 will be hard to meet, according to EPA officials. The EPA and the U.S. Army Corps of Engineers are in the midst of a two-step process that first involves the withdrawal of the Obama-era Waters of the U.S. rule, followed by its rewrite. The undoing of the 2015 rule will involve the reinstatement of a 1986 jurisdiction rule and related guidance that the EPA said was in place prior to the Obama-era regulation. Waters and wetlands that fall under Clean Water Act jurisdiction are protected from pollution by a number of tools, including federal permits, oil spill prevention requirements, and state water quality certifications. The EPA expects to issue the final rule reinstating the 1986 regulation and the proposed rewrite of WOTUS by the end of March. The agency expects to receive at least 100,000 substantive comments on the proposed rewrite, which will take time to address in the final rule. The delay is good news to local policymakers. State water officials have repeatedly asked the EPA to include them in the rewriting of the WOTUS because they said they were left out during the crafting of the 2015 rule.

CDC Releases New Reports on US Waterborne Disease Outbreaks - Legionella Main Culprit. The United States has one of the safest drinking water supplies in the world, but outbreaks of disease associated with drinking water and other types of water still occur. CDC released two new reports that describe 69 waterborne disease outbreaks reported from 2013 and 2014. The outbreaks were associated with drinking water, environmental exposures to water (such as water from cooling towers, decorative fountains, or back-country streams), and undetermined exposures to water (where an exposure to a single type of water could not be identified). Most of the outbreaks (61%) were associated with drinking water. The studies identified a total of 42 drinking water–associated outbreaks that were reported to CDC, resulting in at least 1,006 cases of illness, 124 hospitalizations, and 13 deaths. Legionella was responsible for 57% of outbreaks and 13% of illnesses, and chemicals/toxins and parasites together accounted for 29% of outbreaks and 79% of illnesses.

NAFTA Negotiations Resume. The U.S., Mexico and Canada kicked off the latest round of NAFTA talks this week. A new development so far is that Mexico indicated that it is willing to review NAFTA every five years, accepting part of a U.S. proposal, while insisting that there must not be any clause that would lead to automatic termination of the deal. Mexican Economy Minister Ildefonso Guajardo, Guajardo, U.S. Trade Representative Robert Lighthizer and Canadian Foreign Minister Chrystia Freeland announced that they’ll skip the talks for the first time and leave discussions to their negotiating teams. They held “substantial” discussions at a Asia-Pacific Economic Cooperation gathering in Vietnam last week, according to a joint statement Wednesday. This round of talks is scheduled to run through next Tuesday. Meanwhile, three Republican senators yesterday urged Lighthizer to back away from the focus on trade deficits during renegotiations. “[I]f the desired result of current trade agreement renegotiations is job growth, concern over a negative trade balance should not be part of those discussions,” the lawmakers wrote. They pointed out that over the last decade, the U.S. unemployment rate was the highest in the same year that the U.S. trade deficit was the lowest.

Industry Update.

California’s Famed Cancer Warnings Threatened by Federal Push. The Grocery Manufacturers Association and dozens of other trade groups are pushing for a federal law that could override state ingredient-disclosure rules and warning labels, including California’s landmark Proposition 65. About 50 trade organizations have backed an effort for a national labeling law, saying a unified rule is needed instead of a patchwork of differing state requirements. They contend that the chaos of state legislation has become too much for businesses to bear. The effort could challenge laws like Proposition 65, a set of rules that’s been immortalized in signs and labels across California -- and frequently outside the state as well. The California proposition, also known as the Safe Drinking Water and Toxic Enforcement Act, took effect in 1986. It requires the state to maintain an updated list of chemicals known to cause cancer or reproductive harm and for businesses to give “clear and reasonable” notice of exposure to those chemicals. That’s usually in the form of signs and labels. Critics say such warnings can be excessive. They point to a current lawsuit that seeks to add warnings about a chemical in coffee. But proponents say the law has been successful in alerting consumers to hazards like lead. Proposition 65 has served as a template for other states. In recent years, a number have enacted or weighed legislation regulating the use of certain chemicals in products. About 35 states have passed 173 measures, and more than 100 other bills are under consideration in two dozen states. Efforts to override state disclosure requirements for consumer products come on the heels of a battle last year over whether to require labels of genetically modified ingredients in food. Industry groups sought a national law that would supersede individual state mandates such as Vermont’s.

Oregon's Governor Orders Water-Saving Improvements. Oregon Governor Kate Brown signed a two ground-breaking Executive Orders this week directing state agencies to adopt new policies on climate change that also provide a big boost for urban water efficiency. Among the many new directives for efficiency in buildings, the Governor is ordering the Building Codes Division of the Department of Business and Consumer Services to strengthen the state building code to require high-efficiency fixtures in all new buildings. The EO further calls for standards for on-site reuse to be adopted for all new commercial buildings. The Governor’s action comes less than four months after the State of New York gave final approval to its own building code revisions that will require water-efficient fixtures in new buildings. One-third of the U.S. population now resides in jurisdictions where the water consumption of plumbing products in new construction is required to more efficient than the minimum federal standards.

Dain M. Hansen
Senior Vice President
Government Relations
The IAPMO Group
101 Constitution Avenue, NW Suite 825 East
Washington, D.C. 20001
(202) 445-7514 www.IAPMO.org/GR<http://www.IAPMO.org/GR> www.Twitter.com/IAPMOGR www.Linkedin.com/in/DainHansen

Does the State of Illinois owe you money?

November 20th, 2017 | Posted by IPIA Admin in Uncategorized - (Comments Off on Does the State of Illinois owe you money?)
There are around 900 plumbing companies posted on the Illinois Treasury web site that have money coming to them!
Click on the site and under the last name/business name type in plumbing then search
Gary W. Howard
The IPIA welcomes Rick Cota from Leonard Valve as our speaker at this month's CEU class (Wednesday Nov, 15th, Noon, at Medinah)

Rick has been at Leonard Valve Company for 15 years working in various capacities within the plumbing industry.  He's been a member of several ASSE Working Groups over the years, assisting in the development of ASSE Mixing Valve Standards, has extensive Field Service and Troubleshooting experience relating specifically to Domestic Hot Water Systems.  And, In addition, was the lead Engineer on a project to develop an Electronic Mixing Valve for Leonard Valve Company.

Click here for more info about Rick!

A Big THANK YOU!

November 14th, 2017 | Posted by IPIA Admin in Uncategorized - (Comments Off on A Big THANK YOU!)
People all over the world say if you are proud of your work then you should put your name on it.

Or place your mark on it .

In the Illinois Plumbing Inspectors Association we are in the process of filing for our Trade Mark with the Illinois Secretary of States Office.

The Board unanimously voted on and approved the filing for our new Logo "Circle of Knowledge" to become our official Trade Mark .

I for one am proud of this move forward in our industry.

Please see THIS ATTACHED DOCUMENT regarding our Logo!

Sincerely,

Gary W. Howard

Certified Illinois Plumbing Inspector Cross Connection Control Device Inspector State of Illinois Education Sponsor U.S. Government Affairs Committee IAPMO/ASSE Local Union 130 U.A. Past. V.P. ASSE Illinois Chapter
Board Member Illinois ASSE
Committee Member Illinois ASSE Code and Research ASSE Professional Qualifications Committee ASSE Product Standards Committee Past President IPIA U.S. Army Veteran Administration IPIA Delegate Illinois Council of Code Administrators
Founder Illinois Institute of Certified Plumbing Inspectors

Veto Session Notes from State Representative Linda Chapa LaVIa

November 6th, 2017 | Posted by IPIA Admin in Uncategorized - (Comments Off on Veto Session Notes from State Representative Linda Chapa LaVIa)
Greetings!
As you may have known, I was in Springfield last week on Oct 23-26th for Veto Session. During that time we went through several bills that we had the opportunity to override the Governors Veto. Here are a few bills that would effect our district, that were voted to override the veto in the house and will now head to the Senate to get 3/5 of a vote to turn into law. If you have any questions feel free to call our Springfield office at (217) 558-1002.
HB3649 (Debt Transparency Act):
-House Bill 3649, and worked with Democratic and Republican colleagues to unanimously override Rauner's veto. State agencies are now required to report to the Illinois comptroller's office on their monthly unpaid bill amount, along with additional interest that would be owed on those bills. Chapa LaVia's legislation is designed to provide a more accurate account of Illinois' finances and begin to reign in the costs of state government and provide accountability to taxpayers.
HB2462:
-Chapa LaVia voted to override the governor's veto of House Bill 2462, a measure that prohibits employers from requiring prospective employees to submit their income history as a means of employment criteria. The bill instead requires that employers evaluate candidates specifically on the merits of their skill, attributes and experience.
HB302:
-House Bill 302 requires life insurance companies to compare the Social Security numbers of their policyholders dating back to 1996 to Social Security death records. The measure builds off of a new law signed last year requiring insurance companies to inspect Social Security death records for newly signed policies going forward.
Chapa LaVia's legislation requires companies to also look back through their records and ensure the beneficiaries of these policies receive any funds owed to them. The Illinois treasurer's office has identified $550 million in unpaid death benefits in Illinois since 2011.
Sincerely,
[ State Representative Linda Chapa LaVIa ]

New Law!

October 31st, 2017 | Posted by IPIA Admin in Uncategorized - (Comments Off on New Law!)
From Gary Howard:
Public Act 100-0262
HB2408 Enrolled LRB100 05775 SMS 15798 b
    AN ACT concerning regulation. 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly: 
    Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Sections 2105-5, 2105-15, 2105-100, 2105-115,
2105-120, 2105-125, 2105-165, 2105-170, and 2105-207 and by
adding Section 2105-7 as follows:  
    (20 ILCS 2105/2105-5)  (was 20 ILCS 2105/60b) 
    Sec. 2105-5. Definitions. In this Law:
    "Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit. An address of record must be a
street address, not a post office box or any other similar
location.
    "Applicant" means an applicant for a license,
certification, registration, permit, or other authority issued
or conferred by the Department by virtue or authority of which
the licensee has or claims the right to engage in a profession,
trade, occupation, or operation of which the Department has
jurisdiction.
    "Department" means the Division of Professional Regulation
of the Department of Financial and Professional Regulation. Any
reference in this Article to the "Department of Professional
Regulation" shall be deemed to mean the "Division of
Professional Regulation of the Department of Financial and
Professional Regulation".
    "Director" means the Director of Professional Regulation.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Board" means the board of persons designated for a
profession, trade, or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of that
profession, trade, or occupation is devolved on the Department.
    "License" "Certificate" means a license, certificate of
registration, certification, permit, or other authority
purporting to be issued or conferred by the Department by
virtue or authority of which the licensee registrant has or
claims the right to engage in a profession, trade, occupation,
or operation of which the Department has jurisdiction.
    "Licensee" "Registrant" means a person who holds or claims
to hold a license certificateAn unlicensed person or entity
that holds himself, herself, or itself out as a licensee or
engages in a licensed activity shall be deemed to be a licensee
for the purposes of investigation or disciplinary action.
    "Retiree" means a person who has been duly licensed,
registered, or certified in a profession regulated by the
Department and who chooses to relinquish or not renew his or
her license, registration, or certification.
(Source: P.A. 99-227, eff. 8-3-15.) 
    (20 ILCS 2105/2105-7 new)
    Sec. 2105-7. Address of record; email address of record.
The Department shall require all applicants and licensees:
        (1) to provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) to inform the Department of any change of address
    of record or email address of record within 14 days after
    such change either through the Department's website or by
    contacting the Department's licensure maintenance unit. 
    (20 ILCS 2105/2105-15) 
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    any person who has defaulted on an educational loan or
    scholarship provided by or guaranteed by the Illinois
    Student Assistance Commission or any governmental agency
    of this State; however, the Department may issue a license
    or renewal if the aforementioned persons have established a
    satisfactory repayment record as determined by the
    Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
of record or emailing a copy of the order to the licensee's
email address of record as registered with the Department. The
notice shall advise the licensee that the suspension shall be
effective 60 days after the issuance of the Department's order
unless the Department receives, from the licensee, a request
for a hearing before the Department to dispute the matters
contained in the order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; 99-642,
eff. 7-28-16.)   
    (20 ILCS 2105/2105-100)  (was 20 ILCS 2105/60c) 
    Sec. 2105-100. Disciplinary action with respect to
licenses certificates; notice; hearing.
    (a) Licenses Certificates may be revoked, suspended,
placed on probationary status, reprimanded, fined, or have
other disciplinary action taken with regard to them as
authorized in any licensing Act administered by the Department
in the manner provided by the Civil Administrative Code of
Illinois and not otherwise.
    (b) The Department may upon its own motion and shall upon
the verified complaint in writing of any person, provided the
complaint or the complaint together with evidence, documentary
or otherwise, presented in connection with the complaint makes
a prima facie case, investigate the actions of any person
holding or claiming to hold a license certificate.
    (c) Before suspending, revoking, placing on probationary
status, reprimanding, fining, or taking any other disciplinary
action that may be authorized in any licensing Act administered
by the Department with regard to any license certificate, the
Department shall issue a notice informing the licensee or
applicant registrant of the time and place when and where a
hearing of the charges shall be had. The notice shall contain a
statement of the charges or shall be accompanied by a copy of
the written complaint if such complaint shall have been filed.
The notice shall be served on the licensee or applicant
registrant at least 10 days prior to the date set in the notice
for the hearing, either by delivery of the notice personally to
the licensee or applicant registrant or by mailing the notice
by registered mail to the licensee's or applicant's
registrant's address of record; provided that in any case where
the licensee or applicant registrant is now or may hereafter be
required by law to maintain a place of business in this State
and to notify the Department of the location of that place of
business, the notice may be served by mailing it by registered
mail to the licensee or applicant registrant at the place of
business last described by the licensee or applicant registrant
in the notification to the Department. Notwithstanding any
provision in any individual licensing statute or
administrative rule, the notice may be served by email
transmission to the licensee's or applicant's email address of
record.
    (d) At the time and place fixed in the notice, the
Department shall proceed to a hearing of the charges. The
licensee or applicant Both the registrant and the complainant
shall be accorded ample opportunity to present, in person or by
counsel, any statements, testimony, evidence, and argument
that may be pertinent to the charges or to any defense to the
charges. The Department may continue the hearing from time to
time.
(Source: P.A. 99-227, eff. 8-3-15.)   
    (20 ILCS 2105/2105-115)  (was 20 ILCS 2105/60f) 
    Sec. 2105-115. Certified shorthand reporter; transcript.
The Department, at its expense, shall provide a certified
shorthand reporter to take down the testimony and preserve a
record of all proceedings at the hearing of any case in which a
license certificate may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license certificate
when a disciplinary action is authorized in any licensing Act
administered by the Department. The notice, complaint, and all
other documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the board, and the orders of the Department shall be
the record of the proceedings. The Department shall furnish the
record to any person interested in the hearing upon payment
therefor of $1 per page. The Department may contract for court
reporting services, and, in the event it does so, the
Department shall provide the name and contact information for
the certified shorthand reporter who transcribed the testimony
at a hearing to any person interested, who may obtain a copy of
the transcript of any proceedings at a hearing upon payment of
the fee specified by the certified shorthand reporter. This
charge is in addition to any fee charged by the Department for
certifying the record.
(Source: P.A. 99-227, eff. 8-3-15.)   
    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g) 
    Sec. 2105-120. Board's report; licensee's or applicant's
registrant's motion for rehearing.
    (a) The board shall present to the Director its written
report of its findings and recommendations. A copy of the
report shall be served upon the licensee or applicant
registrant, either personally or by registered mail or email as
provided in Section 2105-100 for the service of the notice.
    (b) Within 20 days after the service required under
subsection (a), the licensee or applicant registrant may
present to the Department a motion in writing for a rehearing.
The written motion shall specify the particular grounds for a
rehearing. If the licensee or applicant registrant orders and
pays for a transcript of the record as provided in Section
2105-115, the time elapsing thereafter and before the
transcript is ready for delivery to the licensee or applicant
registrant shall not be counted as part of the 20 days.
(Source: P.A. 99-227, eff. 8-3-15.)   
    (20 ILCS 2105/2105-125)  (was 20 ILCS 2105/60h) 
    Sec. 2105-125. Restoration of license certificateAt any
time after the successful completion of any term of suspension,
revocation, placement on probationary status, or other
disciplinary action taken by the Department with reference to
any license certificate, including payment of any fine, the
Department may restore it to the licensee registrant without
examination, upon the written recommendation of the
appropriate board.
(Source: P.A. 99-227, eff. 8-3-15.) 
    (20 ILCS 2105/2105-165)
    Sec. 2105-165. Health care worker licensure actions; sex
crimes.
    (a) When a licensed health care worker, as defined in the
Health Care Worker Self-Referral Act, (1) has been convicted of
a criminal act that requires registration under the Sex
Offender Registration Act; (1.5) has been convicted of
involuntary sexual servitude of a minor under subsection (c) of
Section 10-9 or subsection (b) of Section 10A-10 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) has
been convicted of a criminal battery against any patient in the
course of patient care or treatment, including any offense
based on sexual conduct or sexual penetration; (3) has been
convicted of a forcible felony; or (4) is required as a part of
a criminal sentence to register under the Sex Offender
Registration Act, then, notwithstanding any other provision of
law to the contrary, except as provided in this Section, the
license of the health care worker shall by operation of law be
permanently revoked without a hearing.
    (a-1) If a licensed health care worker has been convicted
of a forcible felony, other than a forcible felony requiring
registration under the Sex Offender Registration Act, or
involuntary sexual servitude of a minor that is a forcible
felony, or a criminal battery against any patient in the course
of patient care or treatment, is not required to register as a
sex offender, and the health care worker has had his or her
license revoked pursuant to item (3) of subsection (a) of this
Sectionthen the health care worker may petition the
Department to restore his or her license if more than 5 years
have passed since the conviction or more than 3 years have
passed since the health care worker's release from confinement
for that conviction, whichever is later. In determining whether
a license shall be restored, the Department shall consider, but
is not limited to, the following factors:
        (1) the seriousness of the offense;
        (2) the presence of multiple offenses;
        (3) prior disciplinary history, including, but not
    limited to, actions taken by other agencies in this State
    or by other states or jurisdictions, hospitals, health care
    facilities, residency programs, employers, insurance
    providers, or any of the armed forces of the United States
    or any state;
        (4) the impact of the offense on any injured party;
        (5) the vulnerability of any injured party, including,
    but not limited to, consideration of the injured party's
    age, disability, or mental illness;
        (6) the motive for the offense;
        (7) the lack of contrition for the offense;
        (8) the lack of cooperation with the Department or
    other investigative authorities;
        (9) the lack of prior disciplinary action, including,
    but not limited to, action by the Department or by other
    agencies in this State or by other states or jurisdictions,
    hospitals, health care facilities, residency programs,
    employers, insurance providers, or any of the armed forces
    of the United States or any state;
        (10) contrition for the offense;
        (11) cooperation with the Department or other
    investigative authorities;
        (12) restitution to injured parties;
        (13) whether the misconduct was self-reported;
        (14) any voluntary remedial actions taken or other
    evidence of rehabilitation; and
        (15) the date of conviction.
    (b) No person who has been convicted of any offense listed
in subsection (a) or required to register as a sex offender may
receive a license as a health care worker in Illinois. The
process for petition and review by the Department provided in
subsection (a-1) shall also apply to a person whose application
for licensure is denied pursuant to item (3) of subsection (a)
of under this Section for a conviction of a forcible felony,
other than a forcible felony requiring registration under the
Sex Offender Registration Act, or involuntary sexual servitude
of a minor that is a forcible felony, or a criminal battery
against any patient in the course of patient care or treatment,
who is not required to register as a sex offender.
    (c) Immediately after a licensed health care worker, as
defined in the Health Care Worker Self-Referral Act, has been
charged with any offense for which the sentence includes
registration as a sex offender; involuntary sexual servitude of
a minor; a criminal battery against a patient, including any
offense based on sexual conduct or sexual penetration, in the
course of patient care or treatment; or a forcible felony; then
the prosecuting attorney shall provide notice to the Department
of the health care worker's name, address, practice address,
and license number and the patient's name and a copy of the
criminal charges filed. Within 5 business days after receiving
notice from the prosecuting attorney of the filing of criminal
charges against the health care worker, the Secretary shall
issue an administrative order that the health care worker shall
immediately practice only with a chaperone during all patient
encounters pending the outcome of the criminal proceedings. The
chaperone must be a licensed health care worker. The chaperone
shall provide written notice to all of the health care worker's
patients explaining the Department's order to use a chaperone.
Each patient shall sign an acknowledgement that they received
the notice. The notice to the patient of criminal charges shall
include, in 14-point font, the following statement: "The health
care worker is presumed innocent until proven guilty of the
charges.". The licensed health care worker shall provide a
written plan of compliance with the administrative order that
is acceptable to the Department within 5 days after receipt of
the administrative order. Failure to comply with the
administrative order, failure to file a compliance plan, or
failure to follow the compliance plan shall subject the health
care worker to temporary suspension of his or her professional
license until the completion of the criminal proceedings.
    (d) Nothing contained in this Section shall act in any way
to waive or modify the confidentiality of information provided
by the prosecuting attorney to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Secretary, Department attorneys, the
investigative staff, and authorized clerical staff and shall be
afforded the same status as is provided information under Part
21 of Article VIII of the Code of Civil Procedure, except that
the Department may disclose information and documents to (1) a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or (2) an
appropriate licensing authority of another state or
jurisdiction pursuant to an official request made by that
authority. Any information and documents disclosed to a
federal, State, or local law enforcement agency may be used by
that agency only for the investigation and prosecution of a
criminal offense. Any information or documents disclosed by the
Department to a professional licensing authority of another
state or jurisdiction may only be used by that authority for
investigations and disciplinary proceedings with regards to a
professional license.
    (e) Any licensee whose license was revoked or who received
an administrative order under this Section shall have the
revocation or administrative order vacated and completely
removed from the licensee's records and public view and the
revocation or administrative order shall be afforded the same
status as is provided information under Part 21 of Article VIII
of the Code of Civil Procedure if (1) the charges upon which
the revocation or administrative order is based are dropped;
(2) the licensee is not convicted of the charges upon which the
revocation or administrative order is based; or (3) any
conviction for charges upon which the revocation or
administrative order was based have been vacated, overturned,
or reversed.
    (f) Nothing contained in this Section shall prohibit the
Department from initiating or maintaining a disciplinary
action against a licensee independent from any criminal
charges, conviction, or sex offender registration.
    (g) The Department may adopt rules necessary to implement
this Section.
(Source: P.A. 99-886, eff. 1-1-17.)
    (20 ILCS 2105/2105-170)
    Sec. 2105-170. Health care workers; automatic suspension
of license. A health care worker, as defined by the Health Care
Worker Self-Referral Act, licensed by the Department shall be
automatically and indefinitely suspended if the at such time as
the final trial proceedings are concluded whereby a licensee
has either been either convicted of, or has entered a plea of
guilty or nolo contendere in a criminal prosecution to, a
criminal health care or criminal insurance fraud offense,
requiring intent, under the laws of the State, the laws of any
other state, or the laws of the United States of America,
including, but not limited to, criminal Medicare or Medicaid
fraud. A certified copy of the conviction or judgment shall be
the basis for the suspension. If a licensee requests a hearing,
then the sole purpose of the hearing shall be limited to the
length of the suspension of the licensee's license, as the
conviction or judgment is a matter of record and may not be
challenged.
(Source: P.A. 99-211, eff. 1-1-16.)
    (20 ILCS 2105/2105-207)
    Sec. 2105-207. Records of Department actions.
    (a) Any licensee subject to a licensing Act administered by
the Division of Professional Regulation and who has been
subject to disciplinary action by the Department may file an
application with the Department on forms provided by the
Department, along with the required fee of $200, to have the
records classified as confidential, not for public release and
considered expunged for reporting purposes if:
        (1) the application is submitted more than 7 years
    after the disciplinary offense or offenses occurred;
        (2) the licensee has had no incidents of discipline
    under the licensing Act since the disciplinary offense or
    offenses identified in the application occurred;
        (3) the Department has no pending investigations
    against the licensee; and
        (4) the licensee is not currently in a disciplinary
    status.
    (b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
        (1) failure to pay taxes or student loans;
        (2) continuing education;
        (3) failure to renew a license on time;
        (4) failure to obtain or renew a certificate of
    registration or ancillary license;
        (5) advertising; or
        (6) any grounds for discipline removed from the
    licensing Act.
    (c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable
fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.
    (d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an
application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered expunged for reporting
purposes in the same manner and under the same terms as is
provided in this Section for the offenses listed in subsection
(b) of this Section, except that the requirements of a 7-year
waiting period and the $200 application fee do not apply.
(Source: P.A. 98-816, eff. 8-1-14.)
    Section 99. Effective date. This Act takes effect upon
becoming law. 
 
Effective Date: 8/22/2017