96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4975


 
Introduced 1/21/2010, by Rep. Angelo Saviano
 
SYNOPSIS AS INTRODUCED:
 		





 







20 ILCS 2105/2105-207 new











     Amends the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois. Provides that any licensee disciplined under a licensure Act administered by the Division of Professional Regulation for an offense relating to the failure to pay taxes, child support, or student loans or relating to continuing education or advertising may file a petition with the Department on forms provided by the Department, along with the required fee of $200, to have the records of that offense removed from public view on the Department's website if certain conditions are met.   Provides that nothing 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, other governmental body, or the public. Provides that removal of records of a disciplinary offense from the Department's website shall not be considered a vacating or expunging of the offense from the licensee's disciplinary record. Effective immediately.
  















LRB096 17969 ASK 33338 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB4975

LRB096 17969 ASK 33338 b





  
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    AN ACT concerning State government.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Department of Professional Regulation Law of 
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the
Civil Administrative Code of Illinois is amended  by adding 
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Section 2105-207 as follows:
 
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    (20 ILCS 2105/2105-207 new)
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    Sec. 2105-207. Petition to remove disciplinary records 
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from public view. 
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    (a) Any licensee disciplined under a licensure Act 
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administered by the Division of Professional Regulation for an 
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offense relating to the failure to pay taxes, child support, or 
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student loans or relating to continuing education or 
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advertising may file a petition with the Department on forms 
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provided by the Department, along with the required fee of 
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$200, to have the records of that offense removed from public 
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view on the Department's website. A petition to remove 
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disciplinary records shall only be considered by the Department 
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if:
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        (1) the application is submitted more than 10 years 
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    after the disciplinary offense occurred;
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        (2) the licensee has had no incidents of discipline 
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    under this Act since the disciplinary offense identified in 
 


 






HB4975
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LRB096 17969 ASK 33338 b




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    the petition occurred;
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        (3) the Department has no pending investigations 
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    against the licensee; and
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        (4) the licensee is not currently in a disciplinary 
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    status. 
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    (b) A petition to remove disciplinary records shall be 
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submitted to and considered by the Director of the Division of 
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Professional Regulation upon submission of a petition and the 
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required non-refundable fee. The Department may establish 
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additional requirements by rule. The Department is not required 
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to report the removal of any disciplinary record to any 
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national database. Nothing in this Section shall prohibit the 
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Department from using a previous discipline for any regulatory 
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purpose or from releasing records of a previous discipline upon 
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request from law enforcement, other governmental body, or the 
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public. Removal of records of a disciplinary offense from the 
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Department's website pursuant to this Section shall not be 
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considered a vacating or expunging of the offense from the 
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licensee's disciplinary record. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.