Bill Text: IL HB2394 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that, if the Secretary of Professional Regulation finds that there is a significant operational need to do so or that it is necessary to do so to avoid undue hardship on a class of individuals whose professional licenses, registrations, or certificates are issued by the Department, then the Secretary shall extend the expiration date or renewal period of those licenses, registrations, or certificates of those individuals for a period not to exceed the standard renewal period of those licenses, registrations, or certificates. Provides that the Secretary may consider specified factors when determining whether to extend the expiration date or renewal period of the license, registration, or certificate of those individuals. Amends the Illinois Procurement Code. Provides that the Department of Financial and Professional Regulation shall identify a method of source selection that will make it possible to implement a software solution to support the Department's mandates to enforce the professional licensing Acts that it administers and rules adopted under those Acts. Provides that the software solution selected by the Department shall satisfy specified criteria. Provides for additional requirements concerning the source selection process. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 31-6)

Status: (Passed) 2023-12-08 - Public Act . . . . . . . . . 103-0568 [HB2394 Detail]

Download: Illinois-2023-HB2394-Chaptered.html

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Public Act 103-0568
HB2394 Enrolled LRB103 28365 AMQ 54745 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; this amendatory Act of
the 103rd General Assembly. To provide for the expeditious and
timely implementation of this amendatory Act of the 103rd
General Assembly, emergency rules implementing this amendatory
Act of the 103rd General Assembly may be adopted in accordance
with Section 5-45 by the Department of Financial and
Professional Regulation. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
adding Section 2105-380 as follows:
(20 ILCS 2105/2105-380 new)

Sec. 2105-380. Extension of expiration dates or renewal
periods for specified licenses, registrations, or
certificates.
(a) If the Secretary finds that there is a significant
operational need to do so or that it is necessary to do so to
avoid undue hardship on a class of individuals whose
professional licenses, registrations, or certificates are
issued by the Department, then the Secretary shall extend the
expiration date or renewal period of the license,
registration, or certificate of those individuals for a period
not to exceed the standard renewal period for those licenses,
registrations, or certificates. Factors that may be considered
by the Secretary when determining whether to extend the
expiration date or renewal period shall include, but are not
limited to:
(1) the number of applications pending;
(2) the percentage of applicants or licensees,
registrants, or certificate holders waiting for Department
action on their applications compared to the number of
licensees, registrants, or certificate holders in the
profession;
(3) the number of licenses, registrations, or
certificates that have expired while pending Department
action on renewal;
(4) whether there is a shortage of licensees,
registrants, or certificate holders providing the

professional service;
(5) the potential impact on the Department's
operational budget; and
(6) any other licensing-related factors that are
deemed relevant by the Department and are prescribed by
rule.
(b) The Secretary shall waive the payment of late fees for
a licensee, registrant, or certificate holder in a profession
whose expiration date or renewal period has been extended
under this Section and in those cases where Department
processing delays result in the expiration of a license,
registration, or certificate.
(c) The Department may adopt rules or emergency rules to
implement and administer this Section.
(d) This Section is repealed one year after the effective
date of this amendatory Act of the 103rd General Assembly.
Section 15. The Illinois Procurement Code is amended by
adding Section 20-25.2 as follows:
(30 ILCS 500/20-25.2 new)
Sec. 20-25.2. Procurement of licensing software by the
Department of Financial and Professional Regulation.
(a) Notwithstanding any other provision of this Code or
any law to the contrary, the Department of Financial and
Professional Regulation shall identify a method of source

selection that will make it possible to implement a software
solution to support the Department's mandates to enforce the
professional licensing Acts that it administers and rules
adopted under those Acts. The source selection method
identified by the Department is not limited to those otherwise
set forth in this Code. The software solution selected by the
Department shall electronically provide for the issuance of
licenses, registrations, or certificates issued by the
Department in accordance with the professional Acts and rules
that it administers, shall provide for the electronic
processing of license, registration, or certificate fees and
fine payments, shall interface with third-party applications
necessary for the fulfillment of licensing requirements, shall
provide applicants and licensees, registrants, or certificate
holders with online access to license, registration, or
certificate status and history, and shall provide for
oversight and enforcement of the professional Acts
administered by the Department.
(b) The method of source selection shall be by an
expedited, competitive process approved by the Department's
Chief Procurement Officer. All potential contractors shall be
registered in the Illinois Procurement Gateway vendor portal
prior to contract execution.
(c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120,
20-155, 20-160, and 25-60 and Article 50 of this Code and any
rules adopted under those Sections and Article, this Code does

not apply to procurements required by this Section
notwithstanding any other provision of this Code or any law to
the contrary.
(d) The contracts for the software solution shall be
executed no later than 90 days after the effective date of this
amendatory Act of the 103rd General Assembly. Implementation
of the software solution shall begin no later than 90 days
after the contract execution date.
(e) The Department of Financial and Professional
Regulation shall consult with the Department of Innovation and
Technology to ensure the resulting contracts provide
cybersecurity protection and are consistent with information
technology standards as determined by the Department of
Innovation and Technology. The term of the contracts shall not
exceed 10 years.
(f) The Department of Financial and Professional
Regulation shall publish notice of each contract entered into
under this Section in the Procurement Bulletin within 14
calendar days after the execution of the contract. The
Department's Chief Procurement Officer shall prescribe the
form and content of the notice. A copy of the contract shall be
made available to the Department's Chief Procurement Officer
immediately upon request.
(g) This Section is inoperative one year after effective
date of this amendatory Act of the 103rd General Assembly.