Rep. Marcus C. Evans, Jr.

Filed: 3/1/2017

 

 


 

 


 
10000HB3822ham001LRB100 08546 SMS 22484 a

1
AMENDMENT TO HOUSE BILL 3822

2    AMENDMENT NO. ______. Amend House Bill 3822 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Lottery Law is amended by changing
5Section 10.1 and by adding Section 10.1b as follows:
 
6    (20 ILCS 1605/10.1)  (from Ch. 120, par. 1160.1)
7    Sec. 10.1. The following are ineligible for any license
8under this Act:
9        (a) any person who has been convicted of a felony who
10    is not sufficiently rehabilitated following the
11    conviction;
12        (b) any person who is or has been a professional
13    gambler or gambling promoter;
14        (c) any person who has engaged in bookmaking or other
15    forms of illegal gambling;
16        (d) any person who is not of good character and

 

 

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1    reputation in the community in which he resides;
2        (e) any person who has been found guilty of any fraud
3    or misrepresentation in any connection;
4        (f) any firm or corporation in which a person defined
5    in (a), (b), (c), (d) or (e) has a proprietary, equitable
6    or credit interest of 5% or more.
7        (g) any organization in which a person defined in (a),
8    (b), (c), (d) or (e) is an officer, director, or managing
9    agent, whether compensated or not;
10        (h) any organization in which a person defined in (a),
11    (b), (c), (d), or (e) is to participate in the management
12    or sales of lottery tickets or shares.
13    However, with respect to persons defined in (a), the
14Department may grant any such person a license under this Act
15when:
16        (1) a period of 5 years after the conviction or 3 years
17    since release from confinement, whichever is later, has
18    elapsed without a subsequent conviction; 1) at least 10
19    years have elapsed since the date when the sentence for the
20    most recent such conviction was satisfactorily completed;
21        (2) 2) the applicant has no history of criminal
22    activity subsequent to such conviction;
23        (2.5) the applicant completed their sentence
24    successfully and, for applicants serving a term of parole
25    or probation, the applicant's probation or parole officer
26    provides a progress report that documents the applicant's

 

 

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1    compliance with conditions of supervision;
2        (3) (blank); and 3) the applicant has complied with all
3    conditions of probation, conditional discharge,
4    supervision, parole or mandatory supervised release; and
5        (4) 4) the applicant presents at least 3 letters of
6    recommendation from responsible citizens in his community
7    who personally can attest that the character and attitude
8    of the applicant indicate that he is unlikely to commit
9    another crime or the applicant provides other evidence of
10    rehabilitation or rehabilitative effort during or after
11    incarceration, or during or after a term of supervision,
12    including, but not limited to, a certificate of good
13    conduct under Section 5-5.5-25 of the Unified Code of
14    Corrections or a certificate of relief from disabilities
15    under Section 5-5.5-10 of the Unified Code of Corrections.
16    The Department may revoke, without notice or a hearing, the
17license of any agent who violates this Act or any rule or
18regulation promulgated pursuant to this Act. However, if the
19Department does revoke a license without notice and an
20opportunity for a hearing, the Department shall, by appropriate
21notice, afford the person whose license has been revoked an
22opportunity for a hearing within 30 days after the revocation
23order has been issued. As a result of any such hearing, the
24Department may confirm its action in revoking the license, or
25it may order the restoration of such license.
26(Source: P.A. 97-464, eff. 10-15-11.)
 

 

 

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1    (20 ILCS 1605/10.1b new)
2    Sec. 10.1b. Applicant convictions.
3    (a) It is the affirmative obligation of the Department to
4demonstrate that a prior conviction would impair the ability of
5the applicant to engage in the licensed practice. If the
6Department refuses to issue a license to an applicant, then the
7Department shall notify the applicant of the denial in writing
8with the following included in the notice of denial:
9        (1) a statement about the decision to refuse to issue a
10    license;
11        (2) a list of the convictions that formed the sole or
12    partial basis for the refusal to issue a license;
13        (3) a list of the mitigating evidence presented by the
14    applicant;
15        (4) reasons for refusing to issue a license specific to
16    the evidence presented in mitigation of conviction items
17    that formed the partial or sole basis for the Department's
18    decision; and
19        (5) a summary of the appeal process or the earliest the
20    applicant may reapply for a license, whichever is
21    applicable.
22    (b) No later than May 1 of each year, the Department must
23prepare, publicly announce, and publish a report of summary
24statistical information relating to new and renewal license
25applications during the preceding calendar year. Each report

 

 

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1shall show, at a minimum:
2        (1) the number of applicants for a new or renewal
3    license under this Act within the previous calendar year;
4        (2) the number of applicants for a new or renewal
5    license under this Act within the previous calendar year
6    who had any criminal conviction;
7        (3) the number of applicants for a new or renewal
8    license under this Act in the previous calendar year who
9    were granted a license;
10        (4) the number of applicants for a new or renewal
11    license with a criminal conviction who were granted a
12    license under this Act within the previous calendar year;
13        (5) the number of applicants for a new or renewal
14    license under this Act within the previous calendar year
15    who were denied a license;
16        (6) the number of applicants for a new or renewal
17    license with a criminal conviction who were denied a
18    license under this Act in the previous calendar year in
19    whole or in part because of a prior conviction;
20        (7) the number of probationary licenses without
21    monitoring issued under this Act in the previous calendar
22    year to applicants with a criminal conviction; and
23        (8) the number of probationary licenses with
24    monitoring issued under this Act in the previous calendar
25    year to applicants with a criminal conviction.
26    (c) The Department shall not require the applicant to

 

 

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1report the following information and shall not consider the
2following criminal history records in connection with an
3application for licensure:
4        (1) Juvenile adjudications of delinquent minors as
5    defined in Section 5-105 of the Juvenile Court Act of 1987,
6    subject to the restrictions set forth in Section 5-130 of
7    the Juvenile Court Act of 1987.
8        (2) Law enforcement records, court records, and
9    conviction records of an individual who was 17 years old at
10    the time of the offense and before January 1, 2014, unless
11    the nature of the offense required the individual to be
12    tried as an adult.
13        (3) Records of arrest not followed by a conviction.
14        (4) Convictions overturned by a higher court.
15        (5) Convictions or arrests that have been sealed or
16    expunged.
 
17    Section 10. The Criminal Identification Act is amended by
18changing Sections 12 and 13 as follows:
 
19    20 ILCS 2630/12)
20    Sec. 12. Entry of order; effect of expungement or sealing
21records.
22    (a) Except with respect to law enforcement agencies, the
23Department of Corrections, State's Attorneys, or other
24prosecutors, and as provided in Section 13 of this Act, an

 

 

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1expunged or sealed record may not be considered by any private
2or public entity in employment matters, certification,
3licensing, revocation of certification or licensure, or
4registration. Applications for employment must contain
5specific language which states that the applicant is not
6obligated to disclose sealed or expunged records of conviction
7or arrest. The entity authorized to grant a license,
8certification, or registration shall include, in an
9application for certification, registration, or licensure,
10specific language stating that the applicant is not obligated
11to disclose sealed or expunged records of a conviction or
12arrest; however, if the inclusion of that language in an
13application for certification, registration, or licensure is
14not practical, the entity shall publish on its website
15instructions specifying that applicants are not obligated to
16disclose sealed or expunged records of a conviction or arrest.
17Employers and entities authorized to grant professional
18licenses, certification, or registration may not ask if an
19applicant has had records expunged or sealed.
20    (b) A person whose records have been sealed or expunged is
21not entitled to remission of any fines, costs, or other money
22paid as a consequence of the sealing or expungement. This
23amendatory Act of the 93rd General Assembly does not affect the
24right of the victim of a crime to prosecute or defend a civil
25action for damages. Persons engaged in civil litigation
26involving criminal records that have been sealed may petition

 

 

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1the court to open the records for the limited purpose of using
2them in the course of litigation.
3(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
 
4    (20 ILCS 2630/13)
5    Sec. 13. Retention and release of sealed records.
6    (a) The Department of State Police shall retain records
7sealed under subsection (c) or (e-5) of Section 5.2 or
8impounded under subparagraph (B) or (B-5) of paragraph (9) of
9subsection (d) of Section 5.2 and shall release them only as
10authorized by this Act. Felony records sealed under subsection
11(c) or (e-5) of Section 5.2 or impounded under subparagraph (B)
12or (B-5) of paragraph (9) of subsection (d) of Section 5.2
13shall be used and disseminated by the Department only as
14otherwise specifically required or authorized by a federal or
15State law, rule, or regulation that requires inquiry into and
16release of criminal records, including, but not limited to,
17subsection (A) of Section 3 of this Act, except these records
18shall not be used or disseminated in connection with an
19application for any professional or business licensure,
20registration, or certification not involving a health care
21worker position, as defined in the Health Care Worker
22Self-Referral Act. However, all requests for records that have
23been expunged, sealed, and impounded and the use of those
24records are subject to the provisions of Section 2-103 of the
25Illinois Human Rights Act. Upon conviction for any offense, the

 

 

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1Department of Corrections shall have access to all sealed
2records of the Department pertaining to that individual.
3    (b) Notwithstanding the foregoing, all sealed or impounded
4records are subject to inspection and use by the court and
5inspection and use by law enforcement agencies and State's
6Attorneys or other prosecutors in carrying out the duties of
7their offices.
8    (c) The sealed or impounded records maintained under
9subsection (a) are exempt from disclosure under the Freedom of
10Information Act.
11    (d) The Department of State Police shall commence the
12sealing of records of felony arrests and felony convictions
13pursuant to the provisions of subsection (c) of Section 5.2 of
14this Act no later than one year from the date that funds have
15been made available for purposes of establishing the
16technologies necessary to implement the changes made by this
17amendatory Act of the 93rd General Assembly.
18(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
1998-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
 
20    Section 15. The Cigarette Tax Act is amended by changing
21Sections 4, 4b, and 4c and by adding Section 4i as follows:
 
22    (35 ILCS 130/4)  (from Ch. 120, par. 453.4)
23    Sec. 4. Distributor's license. No person may engage in
24business as a distributor of cigarettes in this State within

 

 

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1the meaning of the first 2 definitions of distributor in
2Section 1 of this Act without first having obtained a license
3therefor from the Department. Application for license shall be
4made to the Department in form as furnished and prescribed by
5the Department. Each applicant for a license under this Section
6shall furnish to the Department on the form signed and verified
7by the applicant under penalty of perjury the following
8information:
9        (a) The name and address of the applicant;
10        (b) The address of the location at which the applicant
11    proposes to engage in business as a distributor of
12    cigarettes in this State;
13        (c) Such other additional information as the
14    Department may lawfully require by its rules and
15    regulations.
16    The annual license fee payable to the Department for each
17distributor's license shall be $250. The purpose of such annual
18license fee is to defray the cost, to the Department, of
19serializing cigarette tax stamps. Each applicant for license
20shall pay such fee to the Department at the time of submitting
21his application for license to the Department.
22    Every applicant who is required to procure a distributor's
23license shall file with his application a joint and several
24bond. Such bond shall be executed to the Department of Revenue,
25with good and sufficient surety or sureties residing or
26licensed to do business within the State of Illinois, in the

 

 

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1amount of $2,500, conditioned upon the true and faithful
2compliance by the licensee with all of the provisions of this
3Act. Such bond, or a reissue thereof, or a substitute therefor,
4shall be kept in effect during the entire period covered by the
5license. A separate application for license shall be made, a
6separate annual license fee paid, and a separate bond filed,
7for each place of business at which a person who is required to
8procure a distributor's license under this Section proposes to
9engage in business as a distributor in Illinois under this Act.
10    The following are ineligible to receive a distributor's
11license under this Act:
12            (1) a person who is not of good character and
13        reputation in the community in which he resides; the
14        Department may consider past conviction of a felony but
15        the conviction shall not operate as an absolute bar to
16        licensure;
17            (2) a person who has been convicted of a felony
18        under any Federal or State law, if the Department,
19        after investigation and a hearing and consideration of
20        mitigating factors and evidence of rehabilitation
21        contained in the applicant's record, including those
22        in Section 4i , if requested by the applicant,
23        determines that such person has not been sufficiently
24        rehabilitated to warrant the public trust;
25            (3) a corporation, if any officer, manager or
26        director thereof, or any stockholder or stockholders

 

 

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1        owning in the aggregate more than 5% of the stock of
2        such corporation, would not be eligible to receive a
3        license under this Act for any reason;
4            (4) a person, or any person who owns more than 15
5        percent of the ownership interests in a person or a
6        related party who:
7                (a) owes, at the time of application, any
8            delinquent cigarette taxes that have been
9            determined by law to be due and unpaid, unless the
10            license applicant has entered into an agreement
11            approved by the Department to pay the amount due;
12                (b) had a license under this Act revoked within
13            the past two years by the Department for misconduct
14            relating to stolen or contraband cigarettes or has
15            been convicted of a State or federal crime,
16            punishable by imprisonment of one year or more,
17            relating to stolen or contraband cigarettes;
18                (c) manufactures cigarettes, whether in this
19            State or out of this State, and who is neither (i)
20            a participating manufacturer as defined in
21            subsection II(jj) of the "Master Settlement
22            Agreement" as defined in Sections 10 of the Tobacco
23            Products Manufacturers' Escrow Act and the Tobacco
24            Products Manufacturers' Escrow Enforcement Act of
25            2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii)
26            in full compliance with Tobacco Products

 

 

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1            Manufacturers' Escrow Act and the Tobacco Products
2            Manufacturers' Escrow Enforcement Act of 2003 (30
3            ILCS 168/ and 30 ILCS 167/);
4                (d) has been found by the Department, after
5            notice and a hearing, to have imported or caused to
6            be imported into the United States for sale or
7            distribution any cigarette in violation of 19
8            U.S.C. 1681a;
9                (e) has been found by the Department, after
10            notice and a hearing, to have imported or caused to
11            be imported into the United States for sale or
12            distribution or manufactured for sale or
13            distribution in the United States any cigarette
14            that does not fully comply with the Federal
15            Cigarette Labeling and Advertising Act (15 U.S.C.
16            1331, et seq.); or
17                (f) has been found by the Department, after
18            notice and a hearing, to have made a material false
19            statement in the application or has failed to
20            produce records required to be maintained by this
21            Act.
22    The Department, upon receipt of an application, license fee
23and bond in proper form, from a person who is eligible to
24receive a distributor's license under this Act, shall issue to
25such applicant a license in form as prescribed by the
26Department, which license shall permit the applicant to which

 

 

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1it is issued to engage in business as a distributor at the
2place shown in his application. All licenses issued by the
3Department under this Act shall be valid for not to exceed one
4year after issuance unless sooner revoked, canceled or
5suspended as provided in this Act. No license issued under this
6Act is transferable or assignable. Such license shall be
7conspicuously displayed in the place of business conducted by
8the licensee in Illinois under such license. No distributor
9licensee acquires any vested interest or compensable property
10right in a license issued under this Act.
11    A licensed distributor shall notify the Department of any
12change in the information contained on the application form,
13including any change in ownership and shall do so within 30
14days after any such change.
15    Any person aggrieved by any decision of the Department
16under this Section may, within 20 days after notice of the
17decision, protest and request a hearing. Upon receiving a
18request for a hearing, the Department shall give notice to the
19person requesting the hearing of the time and place fixed for
20the hearing and shall hold a hearing in conformity with the
21provisions of this Act and then issue its final administrative
22decision in the matter to that person. In the absence of a
23protest and request for a hearing within 20 days, the
24Department's decision shall become final without any further
25determination being made or notice given.
26(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 

 

 

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1    (35 ILCS 130/4b)  (from Ch. 120, par. 453.4b)
2    Sec. 4b. (a) The Department may, in its discretion, upon
3application, issue permits authorizing the payment of the tax
4herein imposed by out-of-State cigarette manufacturers who are
5not required to be licensed as distributors of cigarettes in
6this State, but who elect to qualify under this Act as
7distributors of cigarettes in this State, and who, to the
8satisfaction of the Department, furnish adequate security to
9insure payment of the tax, provided that any such permit shall
10extend only to cigarettes which such permittee manufacturer
11places in original packages that are contained inside a sealed
12transparent wrapper. Such permits shall be issued without
13charge in such form as the Department may prescribe and shall
14not be transferable or assignable.
15    The following are ineligible to receive a distributor's
16permit under this subsection:
17        (1) a person who is not of good character and
18    reputation in the community in which he resides; the
19    Department may consider past conviction of a felony but the
20    conviction shall not operate as an absolute bar to
21    receiving a permit;
22        (2) a person who has been convicted of a felony under
23    any Federal or State law, if the Department, after
24    investigation and a hearing and consideration of
25    mitigating factors and evidence of rehabilitation

 

 

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1    contained in the applicant's record, including those in
2    Section 4i of this Act, if requested by the applicant,
3    determines that such person has not been sufficiently
4    rehabilitated to warrant the public trust;
5        (3) a corporation, if any officer, manager or director
6    thereof, or any stockholder or stockholders owning in the
7    aggregate more than 5% of the stock of such corporation,
8    would not be eligible to receive a permit under this Act
9    for any reason.
10    With respect to cigarettes which come within the scope of
11such a permit and which any such permittee delivers or causes
12to be delivered in Illinois to licensed distributors, such
13permittee shall remit the tax imposed by this Act at the times
14provided for in Section 3 of this Act. Each such remittance
15shall be accompanied by a return filed with the Department on a
16form to be prescribed and furnished by the Department and shall
17disclose such information as the Department may lawfully
18require. The Department may promulgate rules to require that
19the permittee's return be accompanied by appropriate
20computer-generated magnetic media supporting schedule data in
21the format prescribed by the Department, unless, as provided by
22rule, the Department grants an exception upon petition of the
23permittee. Each such return shall be accompanied by a copy of
24each invoice rendered by the permittee to any licensed
25distributor to whom the permittee delivered cigarettes of the
26type covered by the permit (or caused cigarettes of the type

 

 

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1covered by the permit to be delivered) in Illinois during the
2period covered by such return.
3    Such permit may be suspended, canceled or revoked when, at
4any time, the Department considers that the security given is
5inadequate, or that such tax can more effectively be collected
6from distributors located in this State, or whenever the
7permittee violates any provision of this Act or any lawful rule
8or regulation issued by the Department pursuant to this Act or
9is determined to be ineligible for a distributor's permit under
10this Act as provided in this Section, whenever the permittee
11shall notify the Department in writing of his desire to have
12the permit canceled. The Department shall have the power, in
13its discretion, to issue a new permit after such suspension,
14cancellation or revocation, except when the person who would
15receive the permit is ineligible to receive a distributor's
16permit under this Act.
17    All permits issued by the Department under this Act shall
18be valid for not to exceed one year after issuance unless
19sooner revoked, canceled or suspended as in this Act provided.
20    (b) Out-of-state cigarette manufacturers who are not
21required to be licensed as distributors of cigarettes in this
22State and who do not elect to obtain approval under subsection
234b(a) to pay the tax imposed by this Act, but who elect to
24qualify under this Act as distributors of cigarettes in this
25State for purposes of shipping and delivering unstamped
26original packages of cigarettes into this State to licensed

 

 

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1distributors, shall obtain a permit from the Department. These
2permits shall be issued without charge in such form as the
3Department may prescribe and shall not be transferable or
4assignable.
5    The following are ineligible to receive a distributor's
6permit under this subsection:
7        (1) a person who is not of good character and
8    reputation in the community in which he or she resides; the
9    Department may consider past conviction of a felony but the
10    conviction shall not operate as an absolute bar to
11    receiving a permit;
12        (2) a person who has been convicted of a felony under
13    any federal or State law, if the Department, after
14    investigation and a hearing and consideration of
15    mitigating factors and evidence of rehabilitation
16    contained in the applicant's record, including those set
17    forth in Section 4i of this Act, if requested by the
18    applicant, determines that the person has not been
19    sufficiently rehabilitated to warrant the public trust;
20    and
21        (3) a corporation, if any officer, manager, or director
22    thereof, or any stockholder or stockholders owning in the
23    aggregate more than 5% of the stock of the corporation,
24    would not be eligible to receive a permit under this Act
25    for any reason.
26    With respect to original packages of cigarettes that such

 

 

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1permittee delivers or causes to be delivered in Illinois and
2distributes to the public for promotional purposes without
3consideration, the permittee shall pay the tax imposed by this
4Act by remitting the amount thereof to the Department by the
55th day of each month covering cigarettes shipped or otherwise
6delivered in Illinois for those purposes during the preceding
7calendar month. The permittee, before delivering those
8cigarettes or causing those cigarettes to be delivered in this
9State, shall evidence his or her obligation to remit the taxes
10due with respect to those cigarettes by imprinting language to
11be prescribed by the Department on each original package of
12cigarettes, in such place thereon and in such manner also to be
13prescribed by the Department. The imprinted language shall
14acknowledge the permittee's payment of or liability for the tax
15imposed by this Act with respect to the distribution of those
16cigarettes.
17    With respect to cigarettes that the permittee delivers or
18causes to be delivered in Illinois to Illinois licensed
19distributors or distributed to the public for promotional
20purposes, the permittee shall, by the 5th day of each month,
21file with the Department, a report covering cigarettes shipped
22or otherwise delivered in Illinois to licensed distributors or
23distributed to the public for promotional purposes during the
24preceding calendar month on a form to be prescribed and
25furnished by the Department and shall disclose such other
26information as the Department may lawfully require. The

 

 

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1Department may promulgate rules to require that the permittee's
2report be accompanied by appropriate computer-generated
3magnetic media supporting schedule data in the format
4prescribed by the Department, unless, as provided by rule, the
5Department grants an exception upon petition of the permittee.
6Each such report shall be accompanied by a copy of each invoice
7rendered by the permittee to any purchaser to whom the
8permittee delivered cigarettes of the type covered by the
9permit (or caused cigarettes of the type covered by the permit
10to be delivered) in Illinois during the period covered by such
11report.
12    Such permit may be suspended, canceled, or revoked whenever
13the permittee violates any provision of this Act or any lawful
14rule or regulation issued by the Department pursuant to this
15Act, is determined to be ineligible for a distributor's permit
16under this Act as provided in this Section, or notifies the
17Department in writing of his or her desire to have the permit
18canceled. The Department shall have the power, in its
19discretion, to issue a new permit after such suspension,
20cancellation, or revocation, except when the person who would
21receive the permit is ineligible to receive a distributor's
22permit under this Act.
23    All permits issued by the Department under this Act shall
24be valid for a period not to exceed one year after issuance
25unless sooner revoked, canceled, or suspended as provided in
26this Act.

 

 

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1(Source: P.A. 96-782, eff. 1-1-10.)
 
2    (35 ILCS 130/4c)
3    Sec. 4c. Secondary distributor's license. No person may
4engage in business as a secondary distributor of cigarettes in
5this State without first having obtained a license therefor
6from the Department. Application for license shall be made to
7the Department on a form as furnished and prescribed by the
8Department. Each applicant for a license under this Section
9shall furnish the following information to the Department on a
10form signed and verified by the applicant under penalty of
11perjury:
12        (1) the name and address of the applicant;
13        (2) the address of the location at which the applicant
14    proposes to engage in business as a secondary distributor
15    of cigarettes in this State; and
16        (3) such other additional information as the
17    Department may reasonably require.
18    The annual license fee payable to the Department for each
19secondary distributor's license shall be $250. Each applicant
20for a license shall pay such fee to the Department at the time
21of submitting an application for license to the Department.
22    A separate application for license shall be made and
23separate annual license fee paid for each place of business at
24which a person who is required to procure a secondary
25distributor's license under this Section proposes to engage in

 

 

10000HB3822ham001- 22 -LRB100 08546 SMS 22484 a

1business as a secondary distributor in Illinois under this Act.
2    The following are ineligible to receive a secondary
3distributor's license under this Act:
4        (1) a person who is not of good character and
5    reputation in the community in which he resides; the
6    Department may consider past conviction of a felony but the
7    conviction shall not operate as an absolute bar to
8    receiving a permit;
9        (2) a person who has been convicted of a felony under
10    any federal or State law, if the Department, after
11    investigation and a hearing and consideration of the
12    mitigating factors provided in subsection (b) of Section 4i
13    of this Act, if requested by the applicant, determines that
14    such person has not been sufficiently rehabilitated to
15    warrant the public trust;
16        (3) a corporation, if any officer, manager, or director
17    thereof, or any stockholder or stockholders owning in the
18    aggregate more than 5% of the stock of such corporation,
19    would not be eligible to receive a license under this Act
20    for any reason;
21        (4) a person who manufactures cigarettes, whether in
22    this State or out of this State;
23        (5) a person, or any person who owns more than 15% of
24    the ownership interests in a person or a related party who:
25            (A) owes, at the time of application, any
26        delinquent cigarette taxes that have been determined

 

 

10000HB3822ham001- 23 -LRB100 08546 SMS 22484 a

1        by law to be due and unpaid, unless the license
2        applicant has entered into an agreement approved by the
3        Department to pay the amount due;
4            (B) had a license under this Act revoked within the
5        past two years by the Department or has been convicted
6        of a State or federal crime, punishable by imprisonment
7        of one year or more, relating to stolen or contraband
8        cigarettes;
9            (C) has been found by the Department, after notice
10        and a hearing, to have imported or caused to be
11        imported into the United States for sale or
12        distribution any cigarette in violation of 19 U.S.C.
13        1681a;
14            (D) has been found by the Department, after notice
15        and a hearing, to have imported or caused to be
16        imported into the United States for sale or
17        distribution or manufactured for sale or distribution
18        in the United States any cigarette that does not fully
19        comply with the Federal Cigarette Labeling and
20        Advertising Act (15 U.S.C. 1331, et seq.); or
21            (E) has been found by the Department, after notice
22        and a hearing, to have made a material false statement
23        in the application or has failed to produce records
24        required to be maintained by this Act.
25    The Department, upon receipt of an application and license
26fee from a person who is eligible to receive a secondary

 

 

10000HB3822ham001- 24 -LRB100 08546 SMS 22484 a

1distributor's license under this Act, shall issue to such
2applicant a license in such form as prescribed by the
3Department. The license shall permit the applicant to which it
4is issued to engage in business as a secondary distributor at
5the place shown in his application. All licenses issued by the
6Department under this Act shall be valid for a period not to
7exceed one year after issuance unless sooner revoked, canceled,
8or suspended as provided in this Act. No license issued under
9this Act is transferable or assignable. Such license shall be
10conspicuously displayed in the place of business conducted by
11the licensee in Illinois under such license. No secondary
12distributor licensee acquires any vested interest or
13compensable property right in a license issued under this Act.
14    A licensed secondary distributor shall notify the
15Department of any change in the information contained on the
16application form, including any change in ownership, and shall
17do so within 30 days after any such change.
18    Any person aggrieved by any decision of the Department
19under this Section may, within 20 days after notice of the
20decision, protest and request a hearing. Upon receiving a
21request for a hearing, the Department shall give notice to the
22person requesting the hearing of the time and place fixed for
23the hearing and shall hold a hearing in conformity with the
24provisions of this Act and then issue its final administrative
25decision in the matter to that person. In the absence of a
26protest and request for a hearing within 20 days, the

 

 

10000HB3822ham001- 25 -LRB100 08546 SMS 22484 a

1Department's decision shall become final without any further
2determination being made or notice given.
3(Source: P.A. 96-1027, eff. 7-12-10.)
 
4    (35 ILCS 130/4i new)
5    Sec. 4i. Applicant convictions.
6    (a) The Department shall not require applicants to report
7the following information and shall not consider the following
8criminal history records in connection with an application for
9a license or permit under this Act:
10        (1) Juvenile adjudications of delinquent minors as
11    defined in Section 5-105 of the Juvenile Court Act of 1987,
12    subject to the restrictions set forth in Section 5-130 of
13    the Juvenile Court Act of 1987.
14        (2) Law enforcement, court records, and conviction
15    records of an individual who was 17 years old at the time
16    of the offense and before January 1, 2014, unless the
17    nature of the offense required the individual to be tried
18    as an adult.
19        (3) Records of arrest not followed by a conviction.
20        (4) Convictions overturned by a higher court.
21        (5) Convictions or arrests that have been sealed or
22    expunged.
23    (b) When determining whether to grant a license or permit
24to an applicant with a prior conviction of a felony, the
25Department shall consider any evidence of rehabilitation and

 

 

10000HB3822ham001- 26 -LRB100 08546 SMS 22484 a

1mitigating factors contained in the applicant's record
2including any of the following:
3        (1) the lack of direct relation of the offense for
4    which the applicant was previously convicted to the duties,
5    functions, and responsibilities of the position for which a
6    license or permit is sought;
7        (2) whether 5 years since a felony conviction or 3
8    years since release from confinement for the conviction,
9    whichever is later, have passed without a subsequent
10    conviction;
11        (3) if the applicant was previously licensed or
12    employed in this State or other state or jurisdictions,
13    then the lack of prior misconduct arising from or related
14    to the licensed position or position of employment;
15        (4) the age of the person at the time of the criminal
16    offense;
17        (5) successful completion of sentence and, for
18    applicants serving a term of parole or probation, a
19    progress report provided by the applicant's probation or
20    parole officer that documents the applicant's compliance
21    with conditions of supervision;
22        (6) evidence of the applicant's present fitness and
23    professional character;
24        (7) evidence of rehabilitation or rehabilitative
25    effort during or after incarceration, or during or after a
26    term of supervision, including, but not limited to, a

 

 

10000HB3822ham001- 27 -LRB100 08546 SMS 22484 a

1    certificate of good conduct under Section 5-5.5-25 of the
2    Unified Code of Corrections or a certificate of relief from
3    disabilities under Section 5-5.5-10 of the Unified Code of
4    Corrections; and
5        (8) any other mitigating factors that contribute to the
6    person's potential and current ability to perform the
7    duties and responsibilities of the position for which a
8    license, permit or employment is sought.
9    (c) It is the affirmative obligation of the Department to
10demonstrate that a prior conviction would impair the ability of
11the applicant to engage in the practice regulated under this
12Act. If the Department refuses to issue a license or permit to
13an applicant, then the Department shall notify the applicant of
14the denial in writing with the following included in the notice
15of denial:
16        (1) a statement about the decision to refuse to issue a
17    license or permit;
18        (2) a list of the conviction items that formed the sole
19    or partial basis for the refusal to issue a license or
20    permit;
21        (3) a list of the mitigating evidence presented by the
22    applicant;
23        (4) reasons for refusing to issue a license or permit
24    specific to the evidence presented in mitigation of
25    conviction items that formed the partial or sole basis for
26    the Department's decision; and

 

 

10000HB3822ham001- 28 -LRB100 08546 SMS 22484 a

1        (5) a summary of the appeal process or the earliest the
2    applicant may reapply for a license or permit, whichever is
3    applicable.
4    (d) No later than May 1 of each year, the Department must
5prepare, publicly announce, and publish a report of summary
6statistical information relating to new and renewal license or
7permit applications during the preceding calendar year. Each
8report shall show, at a minimum:
9        (1) the number of applicants for a new or renewal
10    license or permit under this Act within the previous
11    calendar year;
12        (2) the number of applicants for a new or renewal
13    license or permit under this Act within the previous
14    calendar year who had any criminal conviction;
15        (3) the number of applicants for a new or renewal
16    license or permit under this Act in the previous calendar
17    year who were granted a license or permit;
18        (4) the number of applicants for a new or renewal
19    license or permit with a criminal conviction who were
20    granted a license or permit under this Act within the
21    previous calendar year;
22        (5) the number of applicants for a new or renewal
23    license or permit under this Act within the previous
24    calendar year who were denied a license or permit;
25        (6) the number of applicants for a new or renewal
26    license or permit with a criminal conviction who were

 

 

10000HB3822ham001- 29 -LRB100 08546 SMS 22484 a

1    denied a license or permit under this Act in the previous
2    calendar year in whole or in part because of a prior
3    conviction;
4        (7) the number of probationary licenses or permits
5    without monitoring issued under this Act in the previous
6    calendar year to applicants with a criminal conviction; and
7        (8) the number of probationary licenses or permits with
8    monitoring issued under this Act in the previous calendar
9    year to applicants with a criminal conviction.
 
10    Section 20. The Counties Code is amended by changing
11Section 5-10004 and by adding Section 5-10004a as follows:
 
12    (55 ILCS 5/5-10004)  (from Ch. 34, par. 5-10004)
13    Sec. 5-10004. Qualifications for license. A license to
14operate or maintain a dance hall may be issued by the county
15board to any citizen, firm or corporation of the State, who
16    (1) Submits a written application for a license, which
17application shall state, and the applicant shall state under
18oath:
19        (a) The name, address, and residence of the applicant,
20    and the length of time he has lived at that residence; :
21        (b) The place of birth of the applicant, and if the
22    applicant is a naturalized citizen, the time and place of
23    such naturalization;
24        (c) Whether the applicant has a prior felony

 

 

10000HB3822ham001- 30 -LRB100 08546 SMS 22484 a

1    conviction; and That the applicant has never been convicted
2    of a felony, or of a misdemeanor punishable under the laws
3    of this State by a minimum imprisonment of six months or
4    longer.
5        (d) The location of the place or building where the
6    applicant intends to operate or maintain the dance hall.
7    (2) And who establishes:
8        (a) That he is a person of good moral character; and
9        (b) that the place or building where the dance hall or
10    road house is to be operated or maintained, reasonably
11    conforms to all laws, and health and fire regulations
12    applicable thereto, and is properly ventilated and
13    supplied with separate and sufficient toilet arrangements
14    for each sex, and is a safe and proper place or building
15    for a public dance hall or road house.
16(Source: P.A. 86-962.)
 
17    (55 ILCS 5/5-10004a new)
18    Sec. 5-10004a. Applicant convictions.
19    (a) Applicants shall not be required to report the
20following information and the following information shall not
21be considered in connection with an application for a license
22under this Act:
23        (1) Juvenile adjudications of delinquent minors, as
24    defined in Section 5-105 of the Juvenile Court Act of 1987,
25    subject to the restrictions set forth in Section 5-130

 

 

10000HB3822ham001- 31 -LRB100 08546 SMS 22484 a

1    Juvenile Court Act of 1987.
2        (2) Law enforcement, court records, and conviction
3    records of an individual who was 17 years old at the time
4    of the offense and before January 1, 2014, unless the
5    nature of the offense required the individual to be tried
6    as an adult.
7        (3) Records of arrest not followed by a conviction.
8        (4) Convictions overturned by a higher court.
9        (5) Convictions or arrests that have been sealed or
10    expunged.
11    (b) No application for a license under this Division shall
12be denied by reason of a finding of lack of "good moral
13character" when the finding is based upon the fact that the
14applicant has previously been convicted of one or more criminal
15offenses.
16    (c) When determining whether to grant a license to an
17applicant with a prior conviction of a felony, the county board
18shall consider any evidence of rehabilitation and mitigating
19factors contained in the applicant's record including any of
20the following:
21        (1) the lack of direct relation of the offense for
22    which the applicant was previously convicted to the duties,
23    functions, and responsibilities of the position for which a
24    license is sought;
25        (2) whether 5 years since a felony conviction or 3
26    years since release from confinement for the conviction,

 

 

10000HB3822ham001- 32 -LRB100 08546 SMS 22484 a

1    whichever is later, have passed without a subsequent
2    conviction;
3        (3) if the applicant was previously licensed or
4    employed in this State or other state or jurisdictions,
5    then the lack of prior misconduct arising from or related
6    to the licensed position or position of employment;
7        (4) the age of the person at the time of the criminal
8    offense;
9        (5) successful completion of sentence and, for
10    applicants serving a term of parole or probation, a
11    progress report provided by the applicant's probation or
12    parole officer that documents the applicant's compliance
13    with conditions of supervision;
14        (6) evidence of the applicant's present fitness and
15    professional character;
16        (7) evidence of rehabilitation or rehabilitative
17    effort during or after incarceration, or during or after a
18    term of supervision, including but not limited to a
19    certificate of good conduct under Section 5-5.5-25 of the
20    Unified Code of Corrections or a certificate of relief from
21    disabilities under Section 5-5.5-10 of the Unified Code of
22    Corrections; and
23        (8) any other mitigating factors that contribute to the
24    person's potential and current ability to perform the
25    duties and responsibilities of the position for which a
26    license or employment is sought.

 

 

10000HB3822ham001- 33 -LRB100 08546 SMS 22484 a

1    (d) It is the affirmative obligation of the county board to
2demonstrate that a prior conviction would impair the ability of
3the applicant to engage in the practice regulated under this
4Act. If the county board refuses to issue a license to an
5applicant, then the county board shall notify the applicant of
6the denial in writing with the following included in the notice
7of denial:
8        (1) a statement about the decision to refuse to issue a
9    license;
10        (2) a list of the conviction items that formed the sole
11    or partial basis for the refusal to issue a license;
12        (3) a list of the mitigating evidence presented by the
13    applicant;
14        (4) reasons for refusing to issue a license specific to
15    the evidence presented in mitigation of conviction items
16    that formed the partial or sole basis for the county
17    board's decision; and
18        (5) a summary of the appeal process or the earliest the
19    applicant may reapply for a license, whichever is
20    applicable.
21    (e) No later than May 1 of each year, the board must
22prepare, publicly announce, and publish a report of summary
23statistical information relating to new and renewal license
24applications during the preceding calendar year. Each report
25shall show, at a minimum:
26        (1) the number of applicants for a new or renewal

 

 

10000HB3822ham001- 34 -LRB100 08546 SMS 22484 a

1    license under this Act within the previous calendar year;
2        (2) the number of applicants for a new or renewal
3    license under this Act within the previous calendar year
4    who had any criminal conviction;
5        (3) the number of applicants for a new or renewal
6    license under this Act in the previous calendar year who
7    were granted a license;
8        (4) the number of applicants for a new or renewal
9    license with a criminal conviction who were granted a
10    license under this Act within the previous calendar year;
11        (5) the number of applicants for a new or renewal
12    license under this Act within the previous calendar year
13    who were denied a license;
14        (6) the number of applicants for a new or renewal
15    license with a criminal conviction who were denied a
16    license under this Act in the previous calendar year in
17    whole or in part because of a prior conviction;
18        (7) the number of probationary licenses without
19    monitoring issued under this Act in the previous calendar
20    year to applicants with a criminal conviction; and
21        (8) the number of probationary licenses with
22    monitoring issued under this Act in the previous calendar
23    year to applicants with a criminal conviction.
 
24    Section 30. The Clinical Social Work and Social Work
25Practice Act is amended by changing Section 19 and by adding

 

 

10000HB3822ham001- 35 -LRB100 08546 SMS 22484 a

1Section 9A.1 as follows:
 
2    (225 ILCS 20/9A.1 new)
3    Sec. 9A.1. Applicant convictions.
4    (a) The Department and the Board shall not require
5applicants to report information about the following and shall
6not consider the following criminal history records in
7connection with an application for licensure:
8        (1) Juvenile adjudications of delinquent minors as
9    defined in Section 5-105 of the Juvenile Court Act of 1987,
10    subject to the restrictions set forth in Section 5-130 of
11    the Juvenile Court Act of 1987.
12        (2) Law enforcement records, court records, and
13    conviction records of an individual who was 17 years old at
14    the time of the offense and before January 1, 2014, unless
15    the nature of the offense required the individual to be
16    tried as an adult.
17        (3) Records of arrest not followed by a conviction
18    unless related to the practice of the profession. However,
19    applicants shall not be asked to report any arrests, and,
20    an arrest not followed by a conviction shall not be the
21    basis of a denial and may be used only to assess an
22    applicant's rehabilitation.
23        (4) Convictions overturned by a higher court.
24        (5) Convictions or arrests that have been sealed or
25    expunged.

 

 

10000HB3822ham001- 36 -LRB100 08546 SMS 22484 a

1    (b) Except as provided in Section 2105-165 of the
2Department of Professional Regulation Law, when determining
3whether to grant a license to an applicant with a prior
4conviction of a felony or of a misdemeanor directly related to
5the practice of the profession, the Department shall consider
6any evidence of rehabilitation and mitigating factors
7contained in the applicant's record, including any of the
8following:
9        (1) the lack of direct relation of the offense for
10    which the applicant was previously convicted to the duties,
11    functions, and responsibilities of the position for which a
12    license is sought;
13        (2) whether 5 years since a felony conviction or 3
14    years since release from confinement for the conviction,
15    whichever is later, have passed without a subsequent
16    conviction;
17        (3) if the applicant was previously licensed or
18    employed in this State or other state or jurisdictions,
19    then the lack of prior misconduct arising from or related
20    to the licensed position or position of employment;
21        (4) the age of the person at the time of the criminal
22    offense;
23        (5) successful completion of sentence and, for
24    applicants serving a term of parole or probation, a
25    progress report provided by the applicant's probation or
26    parole officer that documents the applicant's compliance

 

 

10000HB3822ham001- 37 -LRB100 08546 SMS 22484 a

1    with conditions of supervision;
2        (6) evidence of the applicant's present fitness and
3    professional character;
4        (7) evidence of rehabilitation or rehabilitative
5    effort during or after incarceration, or during or after a
6    term of supervision, including, but not limited to, a
7    certificate of good conduct under Section 5-5.5-25 of the
8    Unified Code of Corrections or a certificate of relief from
9    disabilities under Section 5-5.5-10 of the Unified Code of
10    Corrections; and
11        (8) any other mitigating factors that contribute to the
12    person's potential and current ability to perform the
13    duties and responsibilities of the position for which a
14    license or employment is sought.
15    (c) It is the affirmative obligation of the Department to
16demonstrate that a prior conviction would impair the ability of
17the applicant to engage in the practice requiring a license. If
18the Department refuses to grant a license to an applicant, then
19the Department shall notify the applicant of the denial in
20writing with the following included in the notice of denial:
21        (1) a statement about the decision to refuse to issue a
22    license;
23        (2) a list of the convictions that formed the sole or
24    partial basis for the refusal to issue a license;
25        (3) a list of the mitigating evidence presented by the
26    applicant;

 

 

10000HB3822ham001- 38 -LRB100 08546 SMS 22484 a

1        (4) reasons for refusing to issue a license specific to
2    the evidence presented in mitigation of conviction items
3    that formed the partial or sole basis for the Department's
4    decision; and
5        (5) a summary of the appeal process or the earliest the
6    applicant may reapply for a license, whichever is
7    applicable.
8    (d) No later than May 1 of each year, the Department must
9prepare, publicly announce, and publish a report of summary
10statistical information relating to new and renewal license
11applications during the preceding calendar year. Each report
12shall show, at a minimum:
13        (1) the number of applicants for a new or renewal
14    license under this Act within the previous calendar year;
15        (2) the number of applicants for a new or renewal
16    license under this Act within the previous calendar year
17    who had any criminal conviction;
18        (3) the number of applicants for a new or renewal
19    license under this Act in the previous calendar year who
20    were granted a license;
21        (4) the number of applicants for a new or renewal
22    license with a criminal conviction who were granted a
23    license under this Act within the previous calendar year;
24        (5) the number of applicants for a new or renewal
25    license under this Act within the previous calendar year
26    who were denied a license;

 

 

10000HB3822ham001- 39 -LRB100 08546 SMS 22484 a

1        (6) the number of applicants for a new or renewal
2    license with a criminal conviction who were denied a
3    license under this Act in the previous calendar year in
4    part or in whole because of a prior conviction;
5        (7) the number of probationary licenses without
6    monitoring issued under this Act in the previous calendar
7    year to applicants with a criminal conviction; and
8        (8) the number of probationary licenses with
9    monitoring issued under this Act in the previous calendar
10    year to applicants with a criminal conviction.
 
11    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 19. Grounds for disciplinary action.
14    (1) The Department may refuse to issue, refuse to renew,
15suspend, or revoke any license, or may place on probation,
16censure, reprimand, or take other disciplinary or
17non-disciplinary action deemed appropriate by the Department,
18including the imposition of fines not to exceed $10,000 for
19each violation, with regard to any license issued under the
20provisions of this Act for any one or a combination of the
21following reasons:
22        (a) material misstatements of fact in furnishing
23    information to the Department or to any other State agency
24    or in furnishing information to any insurance company with
25    respect to a claim on behalf of a licensee or a patient;

 

 

10000HB3822ham001- 40 -LRB100 08546 SMS 22484 a

1        (b) violations or negligent or intentional disregard
2    of this Act, or any of the rules promulgated hereunder;
3        (c) for licensees, conviction of or entry of a plea of
4    guilty or nolo contendere to any crime that is a felony
5    under the laws of the United States or any state or
6    territory thereof or that is a misdemeanor, of which an
7    essential element is dishonesty, or any crime that is
8    directly related to the practice of the clinical social
9    work or social work professions; for applicants, the
10    provisions of Section 9A.1 apply;
11        (d) making any misrepresentation for the purpose of
12    obtaining licenses, or violating any provision of this Act
13    or any of the rules promulgated hereunder;
14        (e) professional incompetence;
15        (f) malpractice;
16        (g) aiding or assisting another person in violating any
17    provision of this Act or any rules;
18        (h) failing to provide information within 30 days in
19    response to a written request made by the Department;
20        (i) engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public as defined by the rules of the
23    Department, or violating the rules of professional conduct
24    adopted by the Board and published by the Department;
25        (j) habitual or excessive use or addiction to alcohol,
26    narcotics, stimulants, or any other chemical agent or drug

 

 

10000HB3822ham001- 41 -LRB100 08546 SMS 22484 a

1    that results in a clinical social worker's or social
2    worker's inability to practice with reasonable judgment,
3    skill, or safety;
4        (k) discipline by another jurisdiction, if at least one
5    of the grounds for the discipline is the same or
6    substantially equivalent to those set forth in this
7    Section;
8        (l) directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership, or association
10    any fee, commission, rebate or other form of compensation
11    for any professional service not actually rendered.
12    Nothing in this paragraph (l) affects any bona fide
13    independent contractor or employment arrangements among
14    health care professionals, health facilities, health care
15    providers, or other entities, except as otherwise
16    prohibited by law. Any employment arrangements may include
17    provisions for compensation, health insurance, pension, or
18    other employment benefits for the provision of services
19    within the scope of the licensee's practice under this Act.
20    Nothing in this paragraph (l) shall be construed to require
21    an employment arrangement to receive professional fees for
22    services rendered;
23        (m) a finding by the Board that the licensee, after
24    having the license placed on probationary status, has
25    violated the terms of probation;
26        (n) abandonment, without cause, of a client;

 

 

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1        (o) wilfully filing false reports relating to a
2    licensee's practice, including but not limited to false
3    records filed with Federal or State agencies or
4    departments;
5        (p) wilfully failing to report an instance of suspected
6    child abuse or neglect as required by the Abused and
7    Neglected Child Reporting Act;
8        (q) being named as a perpetrator in an indicated report
9    by the Department of Children and Family Services under the
10    Abused and Neglected Child Reporting Act, and upon proof by
11    clear and convincing evidence that the licensee has caused
12    a child to be or failed to take reasonable steps to prevent
13    a child from being an abused child or neglected child as
14    defined in the Abused and Neglected Child Reporting Act;
15        (r) physical illness, mental illness, or any other
16    impairment or disability, including, but not limited to,
17    deterioration through the aging process, or loss of motor
18    skills that results in the inability to practice the
19    profession with reasonable judgment, skill or safety;
20        (s) solicitation of professional services by using
21    false or misleading advertising; or
22        (t) violation of the Health Care Worker Self-Referral
23    Act.
24    (2) (Blank).
25    (3) The determination by a court that a licensee is subject
26to involuntary admission or judicial admission as provided in

 

 

10000HB3822ham001- 43 -LRB100 08546 SMS 22484 a

1the Mental Health and Developmental Disabilities Code, will
2result in an automatic suspension of his license. Such
3suspension will end upon a finding by a court that the licensee
4is no longer subject to involuntary admission or judicial
5admission and issues an order so finding and discharging the
6patient, and upon the recommendation of the Board to the
7Secretary that the licensee be allowed to resume professional
8practice.
9    (4) The Department may refuse to issue or renew or may
10suspend the license of a person who (i) fails to file a return,
11pay the tax, penalty, or interest shown in a filed return, or
12pay any final assessment of tax, penalty, or interest, as
13required by any tax Act administered by the Department of
14Revenue, until the requirements of the tax Act are satisfied or
15(ii) has failed to pay any court-ordered child support as
16determined by a court order or by referral from the Department
17of Healthcare and Family Services.
18    (5) In enforcing this Section, the Board upon a showing of
19a possible violation may compel a person licensed to practice
20under this Act, or who has applied for licensure or
21certification pursuant to this Act, to submit to a mental or
22physical examination, or both, as required by and at the
23expense of the Department. The examining physicians shall be
24those specifically designated by the Board. The Board or the
25Department may order the examining physician to present
26testimony concerning this mental or physical examination of the

 

 

10000HB3822ham001- 44 -LRB100 08546 SMS 22484 a

1licensee or applicant. No information shall be excluded by
2reason of any common law or statutory privilege relating to
3communications between the licensee or applicant and the
4examining physician. The person to be examined may have, at his
5or her own expense, another physician of his or her choice
6present during all aspects of the examination. Failure of any
7person to submit to a mental or physical examination, when
8directed, shall be grounds for suspension of a license until
9the person submits to the examination if the Board finds, after
10notice and hearing, that the refusal to submit to the
11examination was without reasonable cause.
12    If the Board finds a person unable to practice because of
13the reasons set forth in this Section, the Board may require
14that person to submit to care, counseling, or treatment by
15physicians approved or designated by the Board, as a condition,
16term, or restriction for continued, reinstated, or renewed
17licensure to practice; or, in lieu of care, counseling or
18treatment, the Board may recommend to the Department to file a
19complaint to immediately suspend, revoke or otherwise
20discipline the license of the person. Any person whose license
21was granted, continued, reinstated, renewed, disciplined or
22supervised subject to such terms, conditions or restrictions,
23and who fails to comply with such terms, conditions, or
24restrictions, shall be referred to the Secretary for a
25determination as to whether the person shall have his or her
26license suspended immediately, pending a hearing by the Board.

 

 

10000HB3822ham001- 45 -LRB100 08546 SMS 22484 a

1    In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that person's
3license must be convened by the Board within 30 days after the
4suspension and completed without appreciable delay. The Board
5shall have the authority to review the subject person's record
6of treatment and counseling regarding the impairment, to the
7extent permitted by applicable federal statutes and
8regulations safeguarding the confidentiality of medical
9records.
10    A person licensed under this Act and affected under this
11Section shall be afforded an opportunity to demonstrate to the
12Board that he or she can resume practice in compliance with
13acceptable and prevailing standards under the provisions of his
14or her license.
15(Source: P.A. 98-756, eff. 7-16-14.)
 
16    Section 35. The Dietitian Nutritionist Practice Act is
17amended by changing Section 95 and by adding Section 96 as
18follows:
 
19    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
20    (Section scheduled to be repealed on January 1, 2023)
21    Sec. 95. Grounds for discipline.
22    (1) The Department may refuse to issue or renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action as the Department may

 

 

10000HB3822ham001- 46 -LRB100 08546 SMS 22484 a

1deem appropriate, including imposing fines not to exceed
2$10,000 for each violation, with regard to any license or
3certificate for any one or combination of the following causes:
4        (a) Material misstatement in furnishing information to
5    the Department.
6        (b) Violations of this Act or of rules adopted under
7    this Act.
8        (c) For licensees, conviction Conviction by plea of
9    guilty or nolo contendere, finding of guilt, jury verdict,
10    or entry of judgment or by sentencing of any crime,
11    including, but not limited to, convictions, preceding
12    sentences of supervision, conditional discharge, or first
13    offender probation, under the laws of any jurisdiction of
14    the United States (i) that is a felony or (ii) that is a
15    misdemeanor, an essential element of which is dishonesty,
16    or that is directly related to the practice of the
17    profession. For applicants, the provisions of Section 96
18    apply.
19        (d) Fraud or any misrepresentation in applying for or
20    procuring a license under this Act or in connection with
21    applying for renewal of a license under this Act.
22        (e) Professional incompetence or gross negligence.
23        (f) Malpractice.
24        (g) Aiding or assisting another person in violating any
25    provision of this Act or its rules.
26        (h) Failing to provide information within 60 days in

 

 

10000HB3822ham001- 47 -LRB100 08546 SMS 22484 a

1    response to a written request made by the Department.
2        (i) Engaging in dishonorable, unethical or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public.
5        (j) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, alcohol, or any other
7    substance that results in the inability to practice with
8    reasonable judgment, skill, or safety.
9        (k) Discipline by another state, the District of
10    Columbia, territory, country, or governmental agency if at
11    least one of the grounds for the discipline is the same or
12    substantially equivalent to those set forth in this Act.
13        (l) Charging for professional services not rendered,
14    including filing false statements for the collection of
15    fees for which services are not rendered. Nothing in this
16    paragraph (1) affects any bona fide independent contractor
17    or employment arrangements among health care
18    professionals, health facilities, health care providers,
19    or other entities, except as otherwise prohibited by law.
20    Any employment arrangements may include provisions for
21    compensation, health insurance, pension, or other
22    employment benefits for the provision of services within
23    the scope of the licensee's practice under this Act.
24    Nothing in this paragraph (1) shall be construed to require
25    an employment arrangement to receive professional fees for
26    services rendered.

 

 

10000HB3822ham001- 48 -LRB100 08546 SMS 22484 a

1        (m) A finding by the Department that the licensee,
2    after having his or her license placed on probationary
3    status, has violated the terms of probation.
4        (n) Willfully making or filing false records or reports
5    in his or her practice, including, but not limited to,
6    false records filed with State agencies or departments.
7        (o) Allowing one's license under this Act to be used by
8    an unlicensed person in violation of this Act.
9        (p) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (q) Gross and willful overcharging for professional
12    services.
13        (r) (Blank).
14        (s) Willfully failing to report an instance of
15    suspected child abuse or neglect as required by the Abused
16    and Neglected Child Reporting Act.
17        (t) Cheating on or attempting to subvert a licensing
18    examination administered under this Act.
19        (u) Mental illness or disability that results in the
20    inability to practice under this Act with reasonable
21    judgment, skill, or safety.
22        (v) Physical illness, including, but not limited to,
23    deterioration through the aging process or loss of motor
24    skill that results in a licensee's inability to practice
25    under this Act with reasonable judgment, skill, or safety.
26        (w) Advising an individual to discontinue, reduce,

 

 

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1    increase, or otherwise alter the intake of a drug
2    prescribed by a physician licensed to practice medicine in
3    all its branches or by a prescriber as defined in Section
4    102 of the Illinois Controlled Substances Act.
5    (2) The Department may refuse to issue or may suspend
6without hearing, as provided for in the Code of Civil
7Procedure, the license of any person who fails to file a
8return, or pay the tax, penalty, or interest shown in a filed
9return, or pay any final assessment of the tax, penalty, or
10interest as required by any tax Act administered by the
11Illinois Department of Revenue, until such time as the
12requirements of any such tax Act are satisfied in accordance
13with subsection (g) of Section 2105-15 of the Civil
14Administrative Code of Illinois.
15    (3) The Department shall deny a license or renewal
16authorized by this Act to a person who has defaulted on an
17educational loan or scholarship provided or guaranteed by the
18Illinois Student Assistance Commission or any governmental
19agency of this State in accordance with item (5) of subsection
20(a) of Section 2105-15 of the Civil Administrative Code of
21Illinois.
22    (4) In cases where the Department of Healthcare and Family
23Services has previously determined a licensee or a potential
24licensee is more than 30 days delinquent in the payment of
25child support and has subsequently certified the delinquency to
26the Department, the Department may refuse to issue or renew or

 

 

10000HB3822ham001- 50 -LRB100 08546 SMS 22484 a

1may revoke or suspend that person's license or may take other
2disciplinary action against that person based solely upon the
3certification of delinquency made by the Department of
4Healthcare and Family Services in accordance with item (5) of
5subsection (a) of Section 2105-15 of the Civil Administrative
6Code of Illinois.
7    (5) The determination by a circuit court that a licensee is
8subject to involuntary admission or judicial admission, as
9provided in the Mental Health and Developmental Disabilities
10Code, operates as an automatic suspension. The suspension shall
11end only upon a finding by a court that the patient is no
12longer subject to involuntary admission or judicial admission
13and the issuance of an order so finding and discharging the
14patient.
15    (6) In enforcing this Act, the Department, upon a showing
16of a possible violation, may compel an individual licensed to
17practice under this Act, or who has applied for licensure under
18this Act, to submit to a mental or physical examination, or
19both, as required by and at the expense of the Department. The
20Department may order the examining physician to present
21testimony concerning the mental or physical examination of the
22licensee or applicant. No information shall be excluded by
23reason of any common law or statutory privilege relating to
24communications between the licensee or applicant and the
25examining physician. The examining physicians shall be
26specifically designated by the Department. The individual to be

 

 

10000HB3822ham001- 51 -LRB100 08546 SMS 22484 a

1examined may have, at his or her own expense, another physician
2of his or her choice present during all aspects of this
3examination. The examination shall be performed by a physician
4licensed to practice medicine in all its branches. Failure of
5an individual to submit to a mental or physical examination,
6when directed, shall result in an automatic suspension without
7hearing.
8    A person holding a license under this Act or who has
9applied for a license under this Act who, because of a physical
10or mental illness or disability, including, but not limited to,
11deterioration through the aging process or loss of motor skill,
12is unable to practice the profession with reasonable judgment,
13skill, or safety, may be required by the Department to submit
14to care, counseling, or treatment by physicians approved or
15designated by the Department as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice. Submission to care, counseling, or treatment as
18required by the Department shall not be considered discipline
19of a license. If the licensee refuses to enter into a care,
20counseling, or treatment agreement or fails to abide by the
21terms of the agreement, then the Department may file a
22complaint to revoke, suspend, or otherwise discipline the
23license of the individual. The Secretary may order the license
24suspended immediately, pending a hearing by the Department.
25Fines shall not be assessed in disciplinary actions involving
26physical or mental illness or impairment.

 

 

10000HB3822ham001- 52 -LRB100 08546 SMS 22484 a

1    In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that person's
3license must be convened by the Department within 15 days after
4the suspension and completed without appreciable delay. The
5Department shall have the authority to review the subject
6individual's record of treatment and counseling regarding the
7impairment to the extent permitted by applicable federal
8statutes and regulations safeguarding the confidentiality of
9medical records.
10    An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Department that he or she can resume practice in compliance
13with acceptable and prevailing standards under the provisions
14of his or her license.
15(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
1698-756, eff. 7-16-14.)
 
17    (225 ILCS 30/96 new)
18    Sec. 96. Applicant convictions.
19    (a) The Department shall not require the applicant to
20report the following information and shall not consider the
21following criminal history records in connection with an
22application for licensure:
23        (1) Juvenile adjudications of delinquent minors as
24    defined in Section 5-105 of the Juvenile Court Act of 1987,
25    subject to the restrictions set forth in Section 5-130 of

 

 

10000HB3822ham001- 53 -LRB100 08546 SMS 22484 a

1    the Juvenile Court Act of 1987.
2        (2) Law enforcement records, court records, and
3    conviction records of an individual who was 17 years old at
4    the time of the offense and before January 1, 2014, unless
5    the nature of the offense required the individual to be
6    tried as an adult.
7        (3) Records of arrest not followed by a conviction
8    unless related to the practice of the profession. However,
9    applicants shall not be asked to report any arrests, and,
10    an arrest not followed by a conviction shall not be the
11    basis of a denial and may be used only to assess an
12    applicant's rehabilitation.
13        (4) Convictions overturned by a higher court.
14        (5) Convictions or arrests that have been sealed or
15    expunged.
16    (b) When reviewing, for the purpose of licensure, a
17conviction of any felony or a misdemeanor directly related to
18the practice of the profession of an applicant, the Department
19shall consider any evidence of rehabilitation and mitigating
20factors contained in the applicant's record, including any of
21the following:
22        (1) the lack of direct relation of the offense for
23    which the applicant was previously convicted to the duties,
24    functions, and responsibilities of the position for which a
25    license is sought;
26        (2) whether 5 years since a felony conviction or 3

 

 

10000HB3822ham001- 54 -LRB100 08546 SMS 22484 a

1    years since release from confinement for the conviction,
2    whichever is later, have passed without a subsequent
3    conviction;
4        (3) if the applicant was previously licensed or
5    employed in this State or other state or jurisdictions,
6    then the lack of prior misconduct arising from or related
7    to the licensed position or position of employment;
8        (4) the age of the person at the time of the criminal
9    offense;
10        (5) successful completion of sentence and, for
11    applicants serving a term of parole or probation, a
12    progress report provided by the applicant's probation or
13    parole officer that documents the applicant's compliance
14    with conditions of supervision;
15        (6) evidence of the applicant's present fitness and
16    professional character;
17        (7) evidence of rehabilitation or rehabilitative
18    effort during or after incarceration, or during or after a
19    term of supervision, including, but not limited to, a
20    certificate of good conduct under Section 5-5.5-25 of the
21    Unified Code of Corrections or a certificate of relief from
22    disabilities under Section 5-5.5-10 of the Unified Code of
23    Corrections; and
24        (8) any other mitigating factors that contribute to the
25    person's potential and current ability to perform the
26    duties and responsibilities of the position for which a

 

 

10000HB3822ham001- 55 -LRB100 08546 SMS 22484 a

1    license or employment is sought.
2    (c) It is the affirmative obligation of the Department to
3demonstrate that a prior conviction would impair the ability of
4the applicant to engage in the licensed practice. If the
5Department refuses to issue a license to an applicant, then the
6Department shall notify the applicant of the denial in writing
7with the following included in the notice of denial:
8        (1) a statement about the decision to refuse to issue a
9    license;
10        (2) a list of the conviction items that formed the sole
11    or partial basis for the refusal to issue a license;
12        (3) a list of the mitigating evidence presented by the
13    applicant;
14        (4) reasons for refusing to issue a license specific to
15    the evidence presented in mitigation of conviction items
16    that formed the partial or sole basis for the Department's
17    decision; and
18        (5) a summary of the appeal process or the earliest the
19    applicant may reapply for a license, whichever is
20    applicable.
21    (d) No later than May 1 of each year, the Department must
22prepare, publicly announce, and publish a report of summary
23statistical information relating to new and renewal license
24applications during the preceding calendar year. Each report
25shall show, at a minimum:
26        (1) the number of applicants for a new or renewal

 

 

10000HB3822ham001- 56 -LRB100 08546 SMS 22484 a

1    license under this Act within the previous calendar year;
2        (2) the number of applicants for a new or renewal
3    license under this Act within the previous calendar year
4    who had any criminal conviction;
5        (3) the number of applicants for a new or renewal
6    license under this Act in the previous calendar year who
7    were granted a license;
8        (4) the number of applicants for a new or renewal
9    license with a criminal conviction who were granted a
10    license under this Act within the previous calendar year;
11        (5) the number of applicants for a new or renewal
12    license under this Act within the previous calendar year
13    who were denied a license;
14        (6) the number of applicants for a new or renewal
15    license with a criminal conviction who were denied a
16    license under this Act in the previous calendar year in
17    part or in whole because of a prior conviction;
18        (7) the number of probationary licenses without
19    monitoring issued under this Act in the previous calendar
20    year to applicants with a criminal conviction; and
21        (8) the number of probationary licenses with
22    monitoring issued under this Act in the previous calendar
23    year to applicants with a criminal conviction.
 
24    Section 40. The Environmental Health Practitioner
25Licensing Act is amended by changing Section 35 and by adding

 

 

10000HB3822ham001- 57 -LRB100 08546 SMS 22484 a

1Section 32 as follows:
 
2    (225 ILCS 37/32 new)
3    Sec. 32. Applicant convictions.
4    (a) The Department shall not require the applicant to
5report the following information and shall not consider the
6following criminal history records in connection with an
7application for licensure:
8        (1) Juvenile adjudications of delinquent minors as
9    defined in Section 5-105 of the Juvenile Court Act of 1987,
10    subject to the restrictions set forth in Section 5-130 of
11    the Juvenile Court Act of 1987.
12        (2) Law enforcement records, court records, and
13    conviction records of an individual who was 17 years old at
14    the time of the offense and before January 1, 2014, unless
15    the nature of the offense required the individual to be
16    tried as an adult.
17        (3) Records of arrest not followed by a conviction
18    unless related to the practice of the profession. However,
19    applicants shall not be asked to report any arrests, and,
20    an arrest not followed by a conviction shall not be the
21    basis of a denial and may be used only to assess an
22    applicant's rehabilitation.
23        (4) Convictions overturned by a higher court.
24        (5) Convictions or arrests that have been sealed or
25    expunged.

 

 

10000HB3822ham001- 58 -LRB100 08546 SMS 22484 a

1    (b) When reviewing, for the purpose of determining whether
2to grant a license, a conviction of any misdemeanor directly
3related to the practice of the profession or of any felony of
4the applicant, the Department shall consider any evidence of
5rehabilitation and mitigating factors contained in the
6applicant's record, including any of the following:
7        (1) the lack of direct relation of the offense for
8    which the applicant was previously convicted to the duties,
9    functions, and responsibilities of the position for which a
10    license is sought;
11        (2) whether 5 years since a felony conviction or 3
12    years since release from confinement for the conviction,
13    whichever is later, have passed without a subsequent
14    conviction;
15        (3) if the applicant was previously licensed or
16    employed in this State or other state or jurisdictions,
17    then the lack of prior misconduct arising from or related
18    to the licensed position or position of employment;
19        (4) the age of the person at the time of the criminal
20    offense;
21        (5) successful completion of sentence and, for
22    applicants serving a term of parole or probation, a
23    progress report provided by the applicant's probation or
24    parole officer that documents the applicant's compliance
25    with conditions of supervision;
26        (6) evidence of the applicant's present fitness and

 

 

10000HB3822ham001- 59 -LRB100 08546 SMS 22484 a

1    professional character;
2        (7) evidence of rehabilitation or rehabilitative
3    effort during or after incarceration, or during or after a
4    term of supervision, including, but not limited to, a
5    certificate of good conduct under Section 5-5.5-25 of the
6    Unified Code of Corrections or a certificate of relief from
7    disabilities under Section 5-5.5-10 of the Unified Code of
8    Corrections; and
9        (8) any other mitigating factors that contribute to the
10    person's potential and current ability to perform the
11    duties and responsibilities of the position for which a
12    license or employment is sought.
13    (c) It is the affirmative obligation of the Department to
14demonstrate that a prior conviction would impair the ability of
15the applicant to engage in the licensed practice. If the
16Department refuses to issue a license to an applicant, then the
17applicant shall be notified of the denial in writing with the
18following included in the notice of denial:
19        (1) a statement about the decision to refuse to issue a
20    license;
21        (2) a list of the convictions that formed the sole or
22    partial basis for the refusal to issue a license;
23        (3) a list of the mitigating evidence presented by the
24    applicant;
25        (4) reasons for refusing to issue a license specific to
26    the evidence presented in mitigation of conviction items

 

 

10000HB3822ham001- 60 -LRB100 08546 SMS 22484 a

1    that formed the partial or sole basis for the Department's
2    decision; and
3        (5) a summary of the appeal process or the earliest the
4    applicant may reapply for a license, whichever is
5    applicable.
6    (d) No later than May 1 of each year, the Department must
7prepare, publicly announce, and publish a report of summary
8statistical information relating to new and renewal license
9applications during the preceding calendar year. Each report
10shall show, at a minimum:
11        (1) the number of applicants for a new or renewal
12    license under this Act within the previous calendar year;
13        (2) the number of applicants for a new or renewal
14    license under this Act within the previous calendar year
15    who had any criminal conviction;
16        (3) the number of applicants for a new or renewal
17    license under this Act in the previous calendar year who
18    were granted a license;
19        (4) the number of applicants for a new or renewal
20    license with a criminal conviction who were granted a
21    license under this Act within the previous calendar year;
22        (5) the number of applicants for a new or renewal
23    license under this Act within the previous calendar year
24    who were denied a license;
25        (6) the number of applicants for a new or renewal
26    license with a criminal conviction who were denied a

 

 

10000HB3822ham001- 61 -LRB100 08546 SMS 22484 a

1    license under this Act in the previous calendar year in
2    part or in whole because of a prior conviction;
3        (7) the number of probationary licenses without
4    monitoring issued under this Act in the previous calendar
5    year to applicants with a criminal conviction; and
6        (8) the number of probationary licenses with
7    monitoring issued under this Act in the previous calendar
8    year to applicants with a criminal conviction.
 
9    (225 ILCS 37/35)
10    (Section scheduled to be repealed on January 1, 2019)
11    Sec. 35. Grounds for discipline.
12    (a) The Department may refuse to issue or renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary action with regard to any license issued under
15this Act as the Department may consider proper, including the
16imposition of fines not to exceed $5,000 for each violation,
17for any one or combination of the following causes:
18        (1) Material misstatement in furnishing information to
19    the Department.
20        (2) Violations of this Act or its rules.
21        (3) For licensees, conviction Conviction of any felony
22    under the laws of any U.S. jurisdiction, any misdemeanor an
23    essential element of which is dishonesty, or any crime that
24    is directly related to the practice of the profession; for
25    applicants only, the provisions of Section 32 apply.

 

 

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1        (4) Making any misrepresentation for the purpose of
2    obtaining a certificate of registration.
3        (5) Professional incompetence.
4        (6) Aiding or assisting another person in violating any
5    provision of this Act or its rules.
6        (7) Failing to provide information within 60 days in
7    response to a written request made by the Department.
8        (8) Engaging in dishonorable, unethical, or
9    unprofessional conduct of a character likely to deceive,
10    defraud, or harm the public as defined by rules of the
11    Department.
12        (9) Habitual or excessive use or addiction to alcohol,
13    narcotics, stimulants, or any other chemical agent or drug
14    that results in an environmental health practitioner's
15    inability to practice with reasonable judgment, skill, or
16    safety.
17        (10) Discipline by another U.S. jurisdiction or
18    foreign nation, if at least one of the grounds for a
19    discipline is the same or substantially equivalent to those
20    set forth in this Act.
21        (11) A finding by the Department that the registrant,
22    after having his or her license placed on probationary
23    status, has violated the terms of probation.
24        (12) Willfully making or filing false records or
25    reports in his or her practice, including, but not limited
26    to, false records filed with State agencies or departments.

 

 

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1        (13) Physical illness, including, but not limited to,
2    deterioration through the aging process or loss of motor
3    skills that result in the inability to practice the
4    profession with reasonable judgment, skill, or safety.
5        (14) Failure to comply with rules promulgated by the
6    Illinois Department of Public Health or other State
7    agencies related to the practice of environmental health.
8        (15) The Department shall deny any application for a
9    license or renewal of a license under this Act, without
10    hearing, to a person who has defaulted on an educational
11    loan guaranteed by the Illinois Student Assistance
12    Commission; however, the Department may issue a license or
13    renewal of a license if the person in default has
14    established a satisfactory repayment record as determined
15    by the Illinois Student Assistance Commission.
16        (16) Solicitation of professional services by using
17    false or misleading advertising.
18        (17) A finding that the license has been applied for or
19    obtained by fraudulent means.
20        (18) Practicing or attempting to practice under a name
21    other than the full name as shown on the license or any
22    other legally authorized name.
23        (19) Gross overcharging for professional services
24    including filing statements for collection of fees or
25    moneys for which services are not rendered.
26    (b) The Department may refuse to issue or may suspend the

 

 

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1license of any person who fails to (i) file a return, (ii) pay
2the tax, penalty, or interest shown in a filed return; or (iii)
3pay any final assessment of the tax, penalty, or interest as
4required by any tax Act administered by the Illinois Department
5of Revenue until the requirements of the tax Act are satisfied.
6    (c) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission to a
8mental health facility as provided in the Mental Health and
9Developmental Disabilities Code operates as an automatic
10suspension. The suspension may end only upon a finding by a
11court that the licensee is no longer subject to involuntary
12admission or judicial admission, the issuance of an order so
13finding and discharging the patient, and the recommendation of
14the Board to the Director that the licensee be allowed to
15resume practice.
16    (d) In enforcing this Section, the Department, upon a
17showing of a possible violation, may compel any person licensed
18to practice under this Act or who has applied for licensure or
19certification pursuant to this Act to submit to a mental or
20physical examination, or both, as required by and at the
21expense of the Department. The examining physicians shall be
22those specifically designated by the Department. The
23Department may order the examining physician to present
24testimony concerning this mental or physical examination of the
25licensee or applicant. No information shall be excluded by
26reason of any common law or statutory privilege relating to

 

 

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1communications between the licensee or applicant and the
2examining physician. The person to be examined may have, at his
3or her own expense, another physician of his or her choice
4present during all aspects of the examination. Failure of any
5person to submit to a mental or physical examination, when
6directed, shall be grounds for suspension of a license until
7the person submits to the examination if the Department finds,
8after notice and hearing, that the refusal to submit to the
9examination was without reasonable cause.
10    If the Department finds an individual unable to practice
11because of the reasons set forth in this Section, the
12Department may require that individual to submit to care,
13counseling, or treatment by physicians approved or designated
14by the Department, as a condition, term, or restriction for
15continued, reinstated, or renewed licensure to practice or, in
16lieu of care, counseling, or treatment, the Department may file
17a complaint to immediately suspend, revoke, or otherwise
18discipline the license of the individual.
19    Any person whose license was granted, continued,
20reinstated, renewed, disciplined, or supervised subject to
21such terms, conditions, or restrictions and who fails to comply
22with such terms, conditions, or restrictions shall be referred
23to the Director for a determination as to whether the person
24shall have his or her license suspended immediately, pending a
25hearing by the Department.
26    In instances in which the Director immediately suspends a

 

 

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1person's license under this Section, a hearing on that person's
2license must be convened by the Department within 15 days after
3the suspension and completed without appreciable delay. The
4Department shall have the authority to review the subject
5person's record of treatment and counseling regarding the
6impairment, to the extent permitted by applicable federal
7statutes and regulations safeguarding the confidentiality of
8medical records.
9    A person licensed under this Act and affected under this
10Section shall be afforded an opportunity to demonstrate to the
11Department that he or she can resume practice in compliance
12with acceptable and prevailing standards under the provisions
13of his or her license.
14(Source: P.A. 92-837, eff. 8-22-02.)
 
15    Section 45. The Massage Licensing Act is amended by
16changing Sections 15 and 45 and by adding Section 15.1 as
17follows:
 
18    (225 ILCS 57/15)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 15. Licensure requirements.
21    (a) Persons engaged in massage for compensation must be
22licensed by the Department. The Department shall issue a
23license to an individual who meets all of the following
24requirements:

 

 

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1        (1) The applicant has applied in writing on the
2    prescribed forms and has paid the required fees.
3        (2) The applicant is at least 18 years of age and of
4    good moral character. In determining good moral character,
5    the Department may take into consideration conviction of
6    any crime under the laws of the United States or any state
7    or territory thereof that is a felony or is a misdemeanor
8    or any crime that is directly related to the practice of
9    the profession and evidence of rehabilitation and
10    mitigating factors set forth in Section 15.1 of this Act.
11    Such a conviction shall not operate automatically as a
12    complete bar to a license, except in the case of any
13    conviction for prostitution, rape, or sexual misconduct,
14    or where the applicant is a registered sex offender.
15        (3) The applicant has met one of the following
16    requirements:
17            (A) has successfully completed a massage therapy
18        program approved by the Department that requires a
19        minimum of 500 hours, except applicants applying on or
20        after January 1, 2014 shall meet a minimum requirement
21        of 600 hours, and has passed a competency examination
22        approved by the Department;
23            (B) holds a current license from another
24        jurisdiction having licensure requirements that
25        include the completion of a massage therapy program of
26        at least 500 hours; or

 

 

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1            (C) (blank).
2    (b) Each applicant for licensure as a massage therapist
3shall have his or her fingerprints submitted to the Department
4of State Police in an electronic format that complies with the
5form and manner for requesting and furnishing criminal history
6record information as prescribed by the Department of State
7Police. These fingerprints shall be checked against the
8Department of State Police and Federal Bureau of Investigation
9criminal history record databases now and hereafter filed. The
10Department of State Police shall charge applicants a fee for
11conducting the criminal history records check, which shall be
12deposited into the State Police Services Fund and shall not
13exceed the actual cost of the records check. The Department of
14State Police shall furnish, pursuant to positive
15identification, records of Illinois convictions to the
16Department. The Department may require applicants to pay a
17separate fingerprinting fee, either to the Department or to a
18vendor. The Department, in its discretion, may allow an
19applicant who does not have reasonable access to a designated
20vendor to provide his or her fingerprints in an alternative
21manner. The Department may adopt any rules necessary to
22implement this Section.
23(Source: P.A. 97-514, eff. 8-23-11.)
 
24    (225 ILCS 57/15.1 new)
25    Sec. 15.1. Applicant convictions.

 

 

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1    (a) The Department shall not require the applicant to
2report the following information and shall not consider the
3following criminal history records in connection with an
4application for licensure:
5        (1) Juvenile adjudications of delinquent minors as
6    defined in Section 5-105 of the Juvenile Court Act of 1987,
7    subject to the restrictions set forth in Section 5-130 of
8    the Juvenile Court Act of 1987.
9        (2) Law enforcement records, court records, and
10    conviction records of an individual who was 17 years old at
11    the time of the offense and before January 1, 2014, unless
12    the nature of the offense required the individual to be
13    tried as an adult.
14        (3) Records of arrest not followed by a conviction
15    unless related to the practice of the profession. However,
16    applicants shall not be asked to report any arrests, and,
17    an arrest not followed by a conviction shall not be the
18    basis of a denial and may be used only to assess an
19    applicant's rehabilitation.
20        (4) Convictions overturned by a higher court.
21        (5) Convictions or arrests that have been sealed or
22    expunged.
23    (b) No application for any license under this Act shall be
24denied by reason of a finding of lack of "good moral character"
25when the finding is based upon the fact that the applicant has
26previously been convicted of one or more criminal offenses.

 

 

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1When reviewing, for the purpose of determining moral character
2or licensure, a conviction of any felony or a misdemeanor
3directly related to the practice of the profession, except of
4an offense related to prostitution, rape, or sexual misconduct,
5or where the applicant is a registered sex offender, by plea of
6guilty or nolo contendere, finding of guilt, jury verdict, or
7entry of judgment or by sentencing of an applicant, the
8Department shall consider any evidence of rehabilitation and
9mitigating factors contained in the applicant's record,
10including any of the following:
11        (1) the lack of direct relation of the offense for
12    which the applicant was previously convicted to the duties,
13    functions, and responsibilities of the position for which a
14    license is sought;
15        (2) whether 5 years since a felony conviction not
16    involving prostitution, rape, or sexual misconduct, or
17    requiring registration as a sex offender, or 3 years since
18    release from confinement for the conviction, whichever is
19    later, have passed without a subsequent conviction;
20        (3) if the applicant was previously licensed or
21    employed in this State or other state or jurisdictions,
22    then the lack of prior misconduct arising from or related
23    to the licensed position or position of employment;
24        (4) the age of the person at the time of the criminal
25    offense;
26        (5) successful completion of sentence and, for

 

 

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1    applicants serving a term of parole or probation, a
2    progress report provided by the applicant's probation or
3    parole officer that documents the applicant's compliance
4    with conditions of supervision;
5        (6) evidence of the applicant's present fitness and
6    professional character;
7        (7) evidence of rehabilitation or rehabilitative
8    effort during or after incarceration, or during or after a
9    term of supervision, including, but not limited to, a
10    certificate of good conduct under Section 5-5.5-25 of the
11    Unified Code of Corrections or a certificate of relief from
12    disabilities under Section 5-5.5-10 of the Unified Code of
13    Corrections; and
14        (8) any other mitigating factors that contribute to the
15    person's potential and current ability to perform the
16    duties and responsibilities of the position for which a
17    license or employment is sought.
18    (c) It is the affirmative obligation of the Department to
19demonstrate that a prior conviction would impair the ability of
20the applicant to engage in the licensed practice. If the
21Department refuses to issue a license to an applicant, then the
22Department shall notify the applicant of the denial in writing
23with the following included in the notice of denial:
24        (1) a statement about the decision to refuse to issue a
25    license;
26        (2) a list of the conviction items that formed the sole

 

 

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1    or partial basis for the refusal to issue a license;
2        (3) a list of the mitigating evidence presented by the
3    applicant;
4        (4) reasons for refusing to issue a license specific to
5    the evidence presented in mitigation of conviction items
6    that formed the partial or sole basis for the Department's
7    decision; and
8        (5) a summary of the appeal process or the earliest the
9    applicant may reapply for a license, whichever is
10    applicable.
11    (d) No later than May 1 of each year, the Department must
12prepare, publicly announce, and publish a report of summary
13statistical information relating to new and renewal license
14applications during the preceding calendar year. Each report
15shall show, at a minimum:
16        (1) the number of applicants for a new or renewal
17    license under this Act within the previous calendar year;
18        (2) the number of applicants for a new or renewal
19    license under this Act within the previous calendar year
20    who had any criminal conviction;
21        (3) the number of applicants for a new or renewal
22    license under this Act in the previous calendar year who
23    were granted a license;
24        (4) the number of applicants for a new or renewal
25    license with a criminal conviction who were granted a
26    license under this Act within the previous calendar year;

 

 

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1        (5) the number of applicants for a new or renewal
2    license under this Act within the previous calendar year
3    who were denied a license;
4        (6) the number of applicants for a new or renewal
5    license with a criminal conviction who were denied a
6    license under this Act in the previous calendar year in
7    part or in whole because of a prior conviction;
8        (7) the number of probationary licenses without
9    monitoring issued under this Act in the previous calendar
10    year to applicants with a criminal conviction; and
11        (8) the number of probationary licenses with
12    monitoring issued under this Act in the previous calendar
13    year to applicants with a criminal conviction.
 
14    (225 ILCS 57/45)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 45. Grounds for discipline.
17    (a) The Department may refuse to issue or renew, or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary or non-disciplinary action, as the Department
20considers appropriate, including the imposition of fines not to
21exceed $10,000 for each violation, with regard to any license
22or licensee for any one or more of the following:
23        (1) violations of this Act or of the rules adopted
24    under this Act;
25        (2) for licensees, conviction by plea of guilty or nolo

 

 

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1    contendere, finding of guilt, jury verdict, or entry of
2    judgment or by sentencing of any crime, including, but not
3    limited to, convictions, preceding sentences of
4    supervision, conditional discharge, or first offender
5    probation, under the laws of any jurisdiction of the United
6    States: (i) that is a felony; or (ii) that is a
7    misdemeanor, an essential element of which is dishonesty,
8    or that is directly related to the practice of the
9    profession; for applicants, the provisions of Section 15.1
10    apply;
11        (3) professional incompetence;
12        (4) advertising in a false, deceptive, or misleading
13    manner;
14        (5) aiding, abetting, assisting, procuring, advising,
15    employing, or contracting with any unlicensed person to
16    practice massage contrary to any rules or provisions of
17    this Act;
18        (6) engaging in immoral conduct in the commission of
19    any act, such as sexual abuse, sexual misconduct, or sexual
20    exploitation, related to the licensee's practice;
21        (7) engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public;
24        (8) practicing or offering to practice beyond the scope
25    permitted by law or accepting and performing professional
26    responsibilities which the licensee knows or has reason to

 

 

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1    know that he or she is not competent to perform;
2        (9) knowingly delegating professional responsibilities
3    to a person unqualified by training, experience, or
4    licensure to perform;
5        (10) failing to provide information in response to a
6    written request made by the Department within 60 days;
7        (11) having a habitual or excessive use of or addiction
8    to alcohol, narcotics, stimulants, or any other chemical
9    agent or drug which results in the inability to practice
10    with reasonable judgment, skill, or safety;
11        (12) having a pattern of practice or other behavior
12    that demonstrates incapacity or incompetence to practice
13    under this Act;
14        (13) discipline by another state, District of
15    Columbia, territory, or foreign nation, if at least one of
16    the grounds for the discipline is the same or substantially
17    equivalent to those set forth in this Section;
18        (14) a finding by the Department that the licensee,
19    after having his or her license placed on probationary
20    status, has violated the terms of probation;
21        (15) willfully making or filing false records or
22    reports in his or her practice, including, but not limited
23    to, false records filed with State agencies or departments;
24        (16) making a material misstatement in furnishing
25    information to the Department or otherwise making
26    misleading, deceptive, untrue, or fraudulent

 

 

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1    representations in violation of this Act or otherwise in
2    the practice of the profession;
3        (17) fraud or misrepresentation in applying for or
4    procuring a license under this Act or in connection with
5    applying for renewal of a license under this Act;
6        (18) inability to practice the profession with
7    reasonable judgment, skill, or safety as a result of
8    physical illness, including, but not limited to,
9    deterioration through the aging process, loss of motor
10    skill, or a mental illness or disability;
11        (19) charging for professional services not rendered,
12    including filing false statements for the collection of
13    fees for which services are not rendered;
14        (20) practicing under a false or, except as provided by
15    law, an assumed name; or
16        (21) cheating on or attempting to subvert the licensing
17    examination administered under this Act.
18    All fines shall be paid within 60 days of the effective
19date of the order imposing the fine.
20    (b) A person not licensed under this Act and engaged in the
21business of offering massage therapy services through others,
22shall not aid, abet, assist, procure, advise, employ, or
23contract with any unlicensed person to practice massage therapy
24contrary to any rules or provisions of this Act. A person
25violating this subsection (b) shall be treated as a licensee
26for the purposes of disciplinary action under this Section and

 

 

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1shall be subject to cease and desist orders as provided in
2Section 90 of this Act.
3    (c) The Department shall revoke any license issued under
4this Act of any person who is convicted of prostitution, rape,
5sexual misconduct, or any crime that subjects the licensee to
6compliance with the requirements of the Sex Offender
7Registration Act and any such conviction shall operate as a
8permanent bar in the State of Illinois to practice as a massage
9therapist.
10    (d) The Department may refuse to issue or may suspend the
11license of any person who fails to file a tax return, to pay
12the tax, penalty, or interest shown in a filed tax return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois Department
15of Revenue, until such time as the requirements of the tax Act
16are satisfied in accordance with subsection (g) of Section
172105-15 of the Civil Administrative Code of Illinois.
18    (e) The Department shall deny a license or renewal
19authorized by this Act to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with item (5) of subsection
23(a) of Section 2105-15 of the Civil Administrative Code of
24Illinois.
25    (f) In cases where the Department of Healthcare and Family
26Services has previously determined that a licensee or a

 

 

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1potential licensee is more than 30 days delinquent in the
2payment of child support and has subsequently certified the
3delinquency to the Department, the Department may refuse to
4issue or renew or may revoke or suspend that person's license
5or may take other disciplinary action against that person based
6solely upon the certification of delinquency made by the
7Department of Healthcare and Family Services in accordance with
8item (5) of subsection (a) of Section 2105-15 of the Civil
9Administrative Code of Illinois.
10    (g) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission, as
12provided in the Mental Health and Developmental Disabilities
13Code, operates as an automatic suspension. The suspension will
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and the issuance of a court order so finding and discharging
17the patient.
18    (h) In enforcing this Act, the Department or Board, upon a
19showing of a possible violation, may compel an individual
20licensed to practice under this Act, or who has applied for
21licensure under this Act, to submit to a mental or physical
22examination, or both, as required by and at the expense of the
23Department. The Department or Board may order the examining
24physician to present testimony concerning the mental or
25physical examination of the licensee or applicant. No
26information shall be excluded by reason of any common law or

 

 

10000HB3822ham001- 79 -LRB100 08546 SMS 22484 a

1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3examining physicians shall be specifically designated by the
4Board or Department. The individual to be examined may have, at
5his or her own expense, another physician of his or her choice
6present during all aspects of this examination. The examination
7shall be performed by a physician licensed to practice medicine
8in all its branches. Failure of an individual to submit to a
9mental or physical examination, when directed, shall result in
10an automatic suspension without hearing.
11    A person holding a license under this Act or who has
12applied for a license under this Act who, because of a physical
13or mental illness or disability, including, but not limited to,
14deterioration through the aging process or loss of motor skill,
15is unable to practice the profession with reasonable judgment,
16skill, or safety, may be required by the Department to submit
17to care, counseling, or treatment by physicians approved or
18designated by the Department as a condition, term, or
19restriction for continued, reinstated, or renewed licensure to
20practice. Submission to care, counseling, or treatment as
21required by the Department shall not be considered discipline
22of a license. If the licensee refuses to enter into a care,
23counseling, or treatment agreement or fails to abide by the
24terms of the agreement, the Department may file a complaint to
25revoke, suspend, or otherwise discipline the license of the
26individual. The Secretary may order the license suspended

 

 

10000HB3822ham001- 80 -LRB100 08546 SMS 22484 a

1immediately, pending a hearing by the Department. Fines shall
2not be assessed in disciplinary actions involving physical or
3mental illness or impairment.
4    In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 15 days after
7the suspension and completed without appreciable delay. The
8Department and Board shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department or Board that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
 
19    Section 50. The Veterinary Medicine and Surgery Practice
20Act of 2004 is amended by changing Section 25 and adding
21Section 8.2 as follows:
 
22    (225 ILCS 115/8.2 new)
23    Sec. 8.2. Applicant convictions.
24    (a) The Department shall not require the applicant to

 

 

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1report information about the following and shall not consider
2the following criminal history records in connection with an
3application for a license or certification under this Act:
4        (1) Juvenile adjudications of delinquent minors as
5    defined in Section 5-105 of the Juvenile Court Act of 1987,
6    subject to the restrictions set forth in Section 5-130 of
7    the Juvenile Court Act of 1987.
8        (2) Law enforcement records, court records, and
9    conviction records of an individual who was 17 years old at
10    the time of the offense and before January 1, 2014, unless
11    the nature of the offense required the individual to be
12    tried as an adult.
13        (3) Records of arrest not followed by a conviction
14    unless related to the practice of the profession. However,
15    applicants shall not be asked to report any arrests, and,
16    an arrest not followed by a conviction shall not be the
17    basis of a denial and may be used only to assess an
18    applicant's rehabilitation.
19        (4) Convictions overturned by a higher court.
20        (5) Convictions or arrests that have been sealed or
21    expunged.
22    (b) When determining whether to grant a license or
23certification to an applicant with a prior conviction of any
24felony or a misdemeanor directly related to the practice of the
25profession, the Department shall consider any evidence of
26rehabilitation and mitigating factors contained in the

 

 

10000HB3822ham001- 82 -LRB100 08546 SMS 22484 a

1applicant's record, including any of the following:
2        (1) the lack of direct relation of the offense for
3    which the applicant was previously convicted to the duties,
4    functions, and responsibilities of the position for which a
5    license or certificate is sought;
6        (2) whether 5 years since a felony conviction or 3
7    years since release from confinement for the conviction,
8    whichever is later, have passed without a subsequent
9    conviction;
10        (3) if the applicant was previously licensed or
11    employed in this State or other state or jurisdictions,
12    then the lack of prior misconduct arising from or related
13    to the licensed position or position of employment;
14        (4) the age of the person at the time of the criminal
15    offense;
16        (5) successful completion of sentence and, for
17    applicants serving a term of parole or probation, a
18    progress report provided by the applicant's probation or
19    parole officer that documents the applicant's compliance
20    with conditions of supervision;
21        (6) evidence of the applicant's present fitness and
22    professional character;
23        (7) evidence of rehabilitation or rehabilitative
24    effort during or after incarceration, or during or after a
25    term of supervision, including, but not limited to, a
26    certificate of good conduct under Section 5-5.5-25 of the

 

 

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1    Unified Code of Corrections or a certificate of relief from
2    disabilities under Section 5-5.5-10 of the Unified Code of
3    Corrections; and
4        (8) any other mitigating factors that contribute to the
5    person's potential and current ability to perform the
6    duties and responsibilities of the position for which a
7    license or employment is sought.
8    (c) It is the affirmative obligation of the Department to
9demonstrate that a prior conviction would impair the ability of
10the applicant to engage in the practice requiring a license or
11certification. If the Department refuses to grant a license or
12certification to an applicant, then the Department shall notify
13the applicant of the denial in writing with the following
14included in the notice of denial:
15        (1) a statement about the decision to refuse to issue a
16    license or certification;
17        (2) a list of the convictions that formed the sole or
18    partial basis for the refusal to issue a license or
19    certification;
20        (3) a list of the mitigating evidence presented by the
21    applicant;
22        (4) reasons for refusing to issue a license or
23    certification specific to the evidence presented in
24    mitigation of conviction items that formed the partial or
25    sole basis for the Department's decision; and
26        (5) a summary of the appeal process or the earliest the

 

 

10000HB3822ham001- 84 -LRB100 08546 SMS 22484 a

1    applicant may reapply for a license or certification,
2    whichever is applicable.
3        (d) No later than May 1 of each year, the Department
4    must prepare, publicly announce, and publish a report of
5    summary statistical information relating to new and
6    renewal license applications during the preceding calendar
7    year. Each report shall show, at a minimum:
8        (1) the number of applicants for a new or renewal
9    license or certification under this Act within the previous
10    calendar year;
11        (2) the number of applicants for a new or renewal
12    license or certification under this Act within the previous
13    calendar year who had any criminal conviction;
14        (3) the number of applicants for a new or renewal
15    license or certification under this Act in the previous
16    calendar year who were granted a license or certification;
17        (4) the number of applicants for a new or renewal
18    license or certification with a criminal conviction who
19    were granted a license or certification under this Act
20    within the previous calendar year;
21        (5) the number of applicants for a new or renewal
22    license or certification under this Act within the previous
23    calendar year who were denied a license or certification;
24        (6) the number of applicants for a new or renewal
25    license or certification with a criminal conviction who
26    were denied a license or certification under this Act in

 

 

10000HB3822ham001- 85 -LRB100 08546 SMS 22484 a

1    the previous calendar year in part or in whole because of a
2    prior conviction;
3        (7) the number of probationary licenses or
4    certification without monitoring issued under this Act in
5    the previous calendar year to applicants with a criminal
6    conviction; and
7        (8) the number of probationary licenses or
8    certification with monitoring issued under this Act in the
9    previous calendar year to applicants with a criminal
10    conviction.
 
11    (225 ILCS 115/25)  (from Ch. 111, par. 7025)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 25. Disciplinary actions.
14    1. The Department may refuse to issue or renew, or may
15revoke, suspend, place on probation, reprimand, or take other
16disciplinary or non-disciplinary action as the Department may
17deem appropriate, including imposing fines not to exceed
18$10,000 for each violation and the assessment of costs as
19provided for in Section 25.3 of this Act, with regard to any
20license or certificate for any one or combination of the
21following:
22        A. Material misstatement in furnishing information to
23    the Department.
24        B. Violations of this Act, or of the rules adopted
25    pursuant to this Act.

 

 

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1        C. For licensees, conviction Conviction by plea of
2    guilty or nolo contendere, finding of guilt, jury verdict,
3    or entry of judgment or by sentencing of any crime,
4    including, but not limited to, convictions, preceding
5    sentences of supervision, conditional discharge, or first
6    offender probation, under the laws of any jurisdiction of
7    the United States that is (i) a felony or (ii) a
8    misdemeanor, an essential element of which is dishonesty,
9    or that is directly related to the practice of the
10    profession; for applicants, the provisions of Section 8.2
11    apply.
12        D. Fraud or any misrepresentation in applying for or
13    procuring a license under this Act or in connection with
14    applying for renewal of a license under this Act.
15        E. Professional incompetence.
16        F. Malpractice.
17        G. Aiding or assisting another person in violating any
18    provision of this Act or rules.
19        H. Failing, within 60 days, to provide information in
20    response to a written request made by the Department.
21        I. Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public.
24        J. Habitual or excessive use or abuse of drugs defined
25    in law as controlled substances, alcohol, or any other
26    substance that results in the inability to practice with

 

 

10000HB3822ham001- 87 -LRB100 08546 SMS 22484 a

1    reasonable judgment, skill, or safety.
2        K. Discipline by another state, unit of government,
3    government agency, District of Columbia, territory, or
4    foreign nation, if at least one of the grounds for the
5    discipline is the same or substantially equivalent to those
6    set forth herein.
7        L. Charging for professional services not rendered,
8    including filing false statements for the collection of
9    fees for which services are not rendered.
10        M. A finding by the Board that the licensee or
11    certificate holder, after having his license or
12    certificate placed on probationary status, has violated
13    the terms of probation.
14        N. Willfully making or filing false records or reports
15    in his practice, including but not limited to false records
16    filed with State agencies or departments.
17        O. Physical illness, including but not limited to,
18    deterioration through the aging process, or loss of motor
19    skill which results in the inability to practice under this
20    Act with reasonable judgment, skill, or safety.
21        P. Solicitation of professional services other than
22    permitted advertising.
23        Q. Allowing one's license under this Act to be used by
24    an unlicensed person in violation of this Act.
25        R. Conviction of or cash compromise of a charge or
26    violation of the Harrison Act or the Illinois Controlled

 

 

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1    Substances Act, regulating narcotics.
2        S. Fraud or dishonesty in applying, treating, or
3    reporting on tuberculin or other biological tests.
4        T. Failing to report, as required by law, or making
5    false report of any contagious or infectious diseases.
6        U. Fraudulent use or misuse of any health certificate,
7    shipping certificate, brand inspection certificate, or
8    other blank forms used in practice that might lead to the
9    dissemination of disease or the transportation of diseased
10    animals dead or alive; or dilatory methods, willful
11    neglect, or misrepresentation in the inspection of milk,
12    meat, poultry, and the by-products thereof.
13        V. Conviction on a charge of cruelty to animals.
14        W. Failure to keep one's premises and all equipment
15    therein in a clean and sanitary condition.
16        X. Failure to provide satisfactory proof of having
17    participated in approved continuing education programs.
18        Y. Mental illness or disability that results in the
19    inability to practice under this Act with reasonable
20    judgment, skill, or safety.
21        Z. Conviction by any court of competent jurisdiction,
22    either within or outside this State, of any violation of
23    any law governing the practice of veterinary medicine, if
24    the Department determines, after investigation, that the
25    person has not been sufficiently rehabilitated to warrant
26    the public trust.

 

 

10000HB3822ham001- 89 -LRB100 08546 SMS 22484 a

1        AA. Promotion of the sale of drugs, devices,
2    appliances, or goods provided for a patient in any manner
3    to exploit the client for financial gain of the
4    veterinarian.
5        BB. Gross, willful, or continued overcharging for
6    professional services.
7        CC. Practicing under a false or, except as provided by
8    law, an assumed name.
9        DD. Violating state or federal laws or regulations
10    relating to controlled substances or legend drugs.
11        EE. Cheating on or attempting to subvert the licensing
12    examination administered under this Act.
13        FF. Using, prescribing, or selling a prescription drug
14    or the extra-label use of a prescription drug by any means
15    in the absence of a valid veterinarian-client-patient
16    relationship.
17        GG. Failing to report a case of suspected aggravated
18    cruelty, torture, or animal fighting pursuant to Section
19    3.07 or 4.01 of the Humane Care for Animals Act or Section
20    26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
21    Code of 2012.
22    All fines imposed under this Section shall be paid within
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26    2. The determination by a circuit court that a licensee or

 

 

10000HB3822ham001- 90 -LRB100 08546 SMS 22484 a

1certificate holder is subject to involuntary admission or
2judicial admission as provided in the Mental Health and
3Developmental Disabilities Code operates as an automatic
4suspension. The suspension will end only upon a finding by a
5court that the patient is no longer subject to involuntary
6admission or judicial admission and issues an order so finding
7and discharging the patient. In any case where a license is
8suspended under this provision, the licensee shall file a
9petition for restoration and shall include evidence acceptable
10to the Department that the licensee can resume practice in
11compliance with acceptable and prevailing standards of his or
12her profession.
13    3. All proceedings to suspend, revoke, place on
14probationary status, or take any other disciplinary action as
15the Department may deem proper, with regard to a license or
16certificate on any of the foregoing grounds, must be commenced
17within 5 years after receipt by the Department of a complaint
18alleging the commission of or notice of the conviction order
19for any of the acts described in this Section. Except for
20proceedings brought for violations of items (CC), (DD), or
21(EE), no action shall be commenced more than 5 years after the
22date of the incident or act alleged to have violated this
23Section. In the event of the settlement of any claim or cause
24of action in favor of the claimant or the reduction to final
25judgment of any civil action in favor of the plaintiff, the
26claim, cause of action, or civil action being grounded on the

 

 

10000HB3822ham001- 91 -LRB100 08546 SMS 22484 a

1allegation that a person licensed or certified under this Act
2was negligent in providing care, the Department shall have an
3additional period of one year from the date of the settlement
4or final judgment in which to investigate and begin formal
5disciplinary proceedings under Section 25.2 of this Act, except
6as otherwise provided by law. The time during which the holder
7of the license or certificate was outside the State of Illinois
8shall not be included within any period of time limiting the
9commencement of disciplinary action by the Department.
10    4. The Department may refuse to issue or may suspend
11without hearing, as provided for in the Illinois Code of Civil
12Procedure, the license of any person who fails to file a
13return, to pay the tax, penalty, or interest shown in a filed
14return, or to pay any final assessment of tax, penalty, or
15interest as required by any tax Act administered by the
16Illinois Department of Revenue, until such time as the
17requirements of any such tax Act are satisfied in accordance
18with subsection (g) of Section 2105-15 of the Civil
19Administrative Code of Illinois.
20    5. In enforcing this Section, the Department, upon a
21showing of a possible violation, may compel any individual who
22is registered under this Act or any individual who has applied
23for registration to submit to a mental or physical examination
24or evaluation, or both, which may include a substance abuse or
25sexual offender evaluation, at the expense of the Department.
26The Department shall specifically designate the examining

 

 

10000HB3822ham001- 92 -LRB100 08546 SMS 22484 a

1physician licensed to practice medicine in all of its branches
2or, if applicable, the multidisciplinary team involved in
3providing the mental or physical examination and evaluation.
4The multidisciplinary team shall be led by a physician licensed
5to practice medicine in all of its branches and may consist of
6one or more or a combination of physicians licensed to practice
7medicine in all of its branches, licensed chiropractic
8physicians, licensed clinical psychologists, licensed clinical
9social workers, licensed clinical professional counselors, and
10other professional and administrative staff. Any examining
11physician or member of the multidisciplinary team may require
12any person ordered to submit to an examination and evaluation
13pursuant to this Section to submit to any additional
14supplemental testing deemed necessary to complete any
15examination or evaluation process, including, but not limited
16to, blood testing, urinalysis, psychological testing, or
17neuropsychological testing.
18    The Department may order the examining physician or any
19member of the multidisciplinary team to provide to the
20Department any and all records, including business records,
21that relate to the examination and evaluation, including any
22supplemental testing performed. The Department may order the
23examining physician or any member of the multidisciplinary team
24to present testimony concerning this examination and
25evaluation of the registrant or applicant, including testimony
26concerning any supplemental testing or documents relating to

 

 

10000HB3822ham001- 93 -LRB100 08546 SMS 22484 a

1the examination and evaluation. No information, report,
2record, or other documents in any way related to the
3examination and evaluation shall be excluded by reason of any
4common law or statutory privilege relating to communication
5between the licensee or applicant and the examining physician
6or any member of the multidisciplinary team. No authorization
7is necessary from the registrant or applicant ordered to
8undergo an evaluation and examination for the examining
9physician or any member of the multidisciplinary team to
10provide information, reports, records, or other documents or to
11provide any testimony regarding the examination and
12evaluation. The individual to be examined may have, at his or
13her own expense, another physician of his or her choice present
14during all aspects of the examination.
15    Failure of any individual to submit to mental or physical
16examination or evaluation, or both, when directed, shall result
17in an automatic suspension without hearing, until such time as
18the individual submits to the examination. If the Department
19finds a registrant unable to practice because of the reasons
20set forth in this Section, the Department shall require such
21registrant to submit to care, counseling, or treatment by
22physicians approved or designated by the Department as a
23condition for continued, reinstated, or renewed registration.
24    In instances in which the Secretary immediately suspends a
25registration under this Section, a hearing upon such person's
26registration must be convened by the Department within 15 days

 

 

10000HB3822ham001- 94 -LRB100 08546 SMS 22484 a

1after such suspension and completed without appreciable delay.
2The Department shall have the authority to review the
3registrant's record of treatment and counseling regarding the
4impairment to the extent permitted by applicable federal
5statutes and regulations safeguarding the confidentiality of
6medical records.
7    Individuals registered under this Act who are affected
8under this Section, shall be afforded an opportunity to
9demonstrate to the Department that they can resume practice in
10compliance with acceptable and prevailing standards under the
11provisions of their registration.
12    6. The Department shall deny a license or renewal
13authorized by this Act to a person who has defaulted on an
14educational loan or scholarship provided or guaranteed by the
15Illinois Student Assistance Commission or any governmental
16agency of this State in accordance with paragraph (5) of
17subsection (a) of Section 2105-15 of the Civil Administrative
18Code of Illinois.
19    7. In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency to
23the Department, the Department may refuse to issue or renew or
24may revoke or suspend that person's license or may take other
25disciplinary action against that person based solely upon the
26certification of delinquency made by the Department of

 

 

10000HB3822ham001- 95 -LRB100 08546 SMS 22484 a

1Healthcare and Family Services in accordance with paragraph (5)
2of subsection (a) of Section 2105-15 of the Civil
3Administrative Code of Illinois.
4(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
 
5    Section 55. The Pyrotechnic Distributor and Operator
6Licensing Act is amended by changing Section 35 and by adding
7Section 36 as follows:
 
8    (225 ILCS 227/35)
9    Sec. 35. Licensure requirements and fees.
10    (a) Each application for a license to practice under this
11Act shall be in writing and signed by the applicant on forms
12provided by the Office.
13    (b) After January 1, 2006, all pyrotechnic displays and
14pyrotechnic services, both indoor and outdoor, must comply with
15the requirements set forth in this Act.
16    (c) After January 1, 2006, no person may engage in
17pyrotechnic distribution without first applying for and
18obtaining a license from the Office. Applicants for a license
19must submit to the Office the following:
20        (1) A current BATFE license for the type of pyrotechnic
21    service or pyrotechnic display provided.
22        (2) Proof of $1,000,000 in product liability
23    insurance.
24        (3) Proof of $1,000,000 in general liability insurance

 

 

10000HB3822ham001- 96 -LRB100 08546 SMS 22484 a

1    that covers the pyrotechnic display or pyrotechnic service
2    provided.
3        (4) Proof of Illinois Workers' Compensation Insurance.
4        (5) A license fee set by the Office.
5        (6) Proof of a current United States Department of
6    Transportation (DOT) Identification Number.
7        (7) Proof of a current USDOT Hazardous Materials
8    Registration Number.
9        (8) Proof of having the requisite knowledge, either
10    through training, examination, or continuing education, as
11    established by Office rule.
12    (c-3) After January 1, 2010, no production company may
13provide pyrotechnic displays or pyrotechnic services as part of
14any production without either (i) obtaining a production
15company license from the Office under which all pyrotechnic
16displays and pyrotechnic services are performed by a licensed
17lead pyrotechnic operator or (ii) hiring a pyrotechnic
18distributor licensed in accordance with this Act to perform the
19pyrotechnic displays or pyrotechnic services. Applicants for a
20production company license must submit to the Office the
21following:
22        (1) Proof of $2,000,000 in commercial general
23    liability insurance that covers any damage or injury
24    resulting from the pyrotechnic displays or pyrotechnic
25    services provided.
26        (2) Proof of Illinois Worker's Compensation insurance.

 

 

10000HB3822ham001- 97 -LRB100 08546 SMS 22484 a

1        (3) A license fee set by the Office.
2        (4) Proof of a current USDOT Identification Number,
3    unless:
4            (A) proof of such is provided by the lead
5        pyrotechnic operator employed by the production
6        company or insured as an additional named insured on
7        the production company's general liability insurance,
8        as required under paragraph (1) of this subsection; or
9            (B) the production company certifies under penalty
10        of perjury that it engages only in flame effects or
11        never transports materials in quantities that require
12        registration with USDOT, or both.
13        (5) Proof of a current USDOT Hazardous Materials
14    Registration Number, unless:
15            (A) proof of such is provided by the lead
16        pyrotechnic operator employed by the production
17        company or insured as an additional named insured on
18        the production company's general liability insurance,
19        as required under paragraph (1) of this subsection; or
20            (B) the production company certifies under penalty
21        of perjury that it engages only in flame effects or
22        never transports materials in quantities that require
23        registration with USDOT, or both.
24        (6) Identification of the licensed lead pyrotechnic
25    operator employed by the production company or insured as
26    an additional named insured on the production company's

 

 

10000HB3822ham001- 98 -LRB100 08546 SMS 22484 a

1    general liability insurance, as required under paragraph
2    (1) of this subsection.
3    The insurer shall not cancel the insured's coverage or
4remove any additional named insured or additional insured from
5the policy coverage without notifying the Office in writing at
6least 15 days before cancellation.
7    (c-5) After January 1, 2006, no individual may act as a
8lead operator in a pyrotechnic display without first applying
9for and obtaining a lead pyrotechnic operator's license from
10the Office. The Office shall establish separate licenses for
11lead pyrotechnic operators for indoor and outdoor pyrotechnic
12displays. Applicants for a license must:
13        (1) Pay the fees set by the Office.
14        (2) Have the requisite training or continuing
15    education as established in the Office's rules.
16        (3) (Blank).
17    (d) A person is qualified to receive a license under this
18Act if the person meets all of the following minimum
19requirements:
20        (1) Is at least 21 years of age.
21        (2) Has not willfully violated any provisions of this
22    Act.
23        (3) Has not made any material misstatement or knowingly
24    withheld information in connection with any original or
25    renewal application.
26        (4) Has not been declared incompetent by any competent

 

 

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1    court by reasons of mental or physical defect or disease
2    unless a court has since declared the person competent.
3        (5) Does not have an addiction to or dependency on
4    alcohol or drugs that is likely to endanger the public at a
5    pyrotechnic display.
6        (6) If convicted Has not been convicted in any
7    jurisdiction of any felony within the prior 5 years, has
8    been sufficiently rehabilitated following the conviction.
9        (7) Is not a fugitive from justice.
10        (8) Has, or has applied for, a BATFE explosives license
11    or a Letter of Clearance from the BATFE.
12        (9) If a lead pyrotechnic operator is employed by a
13    political subdivision of the State or by a licensed
14    production company or is insured as an additional named
15    insured on the production company's general liability
16    insurance, as required under paragraph (1) of subsection
17    (c-3) of this Section, he or she shall have a BATFE license
18    for the pyrotechnic services or pyrotechnic display
19    provided.
20        (10) If a production company has not provided proof of
21    a current USDOT Identification Number and a current USDOT
22    Hazardous Materials Registration Number, as required by
23    paragraphs (5) and (6) of subsection (c-3) of this Section,
24    then the lead pyrotechnic operator employed by the
25    production company or insured as an additional named
26    insured on the production company's general liability

 

 

10000HB3822ham001- 100 -LRB100 08546 SMS 22484 a

1    insurance, as required under paragraph (1) of subsection
2    (c-3) of this Section, shall provide such proof to the
3    Office.
4    (e) A person is qualified to assist a lead pyrotechnic
5operator if the person meets all of the following minimum
6requirements:
7        (1) Is at least 18 years of age.
8        (2) Has not willfully violated any provision of this
9    Act.
10        (3) Has not been declared incompetent by any competent
11    court by reasons of mental or physical defect or disease
12    unless a court has since declared the person competent.
13        (4) Does not have an addiction to or dependency on
14    alcohol or drugs that is likely to endanger the public at a
15    pyrotechnic display.
16        (5) If convicted Has not been convicted in any
17    jurisdiction of any felony within the prior 5 years, has
18    been sufficiently rehabilitated following the conviction.
19        (6) Is not a fugitive from justice.
20        (7) Is employed as an employee of the licensed
21    pyrotechnic distributor or the licensed production
22    company, or insured as an additional named insured on the
23    pyrotechnic distributor's product liability and general
24    liability insurance, as required under paragraphs (2) and
25    (3) of subsection (c) of this Section, or insured as an
26    additional named insured on the production company's

 

 

10000HB3822ham001- 101 -LRB100 08546 SMS 22484 a

1    general liability insurance, as required under paragraph
2    (1) of subsection (c-3) of this Section.
3        (8) Has been registered with the Office by the licensed
4    distributor or the licensed production company on a form
5    provided by the Office prior to the time when the assistant
6    begins work on the pyrotechnic display or pyrotechnic
7    service.
8(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
 
9    (225 ILCS 227/36 new)
10    Sec. 36. Applicant convictions.
11    (a) The Office shall not require the applicant to report
12the following information and shall not consider the following
13criminal history records in connection with an application for
14a license under this Act:
15        (1) Juvenile adjudications of delinquent minors as
16    defined in Section 5-105 of the Juvenile Court Act of 1987,
17    subject to the restrictions set forth in Section 5-130 of
18    the Juvenile Court Act of 1987.
19        (2) Law enforcement records, court records, and
20    conviction records of an individual who was 17 years old at
21    the time of the offense and before January 1, 2014, unless
22    the nature of the offense required the individual to be
23    tried as an adult.
24        (3) Records of arrest not followed by a conviction.
25        (4) Convictions overturned by a higher court.

 

 

10000HB3822ham001- 102 -LRB100 08546 SMS 22484 a

1        (5) Convictions or arrests that have been sealed or
2    expunged.
3    (b) When reviewing, for the purpose of licensure, a
4conviction of any felony within the previous 5 years, the
5Office shall consider any evidence of rehabilitation and
6mitigating factors contained in the applicant's record,
7including any of the following:
8        (1) the lack of direct relation of the offense for
9    which the applicant was previously convicted to the duties,
10    functions, and responsibilities of the position for which a
11    license is sought;
12        (2) the amount of time that has elapsed since the
13    offense occurred;
14        (3) if the applicant was previously licensed or
15    employed in this State or other state or jurisdictions,
16    then the lack of prior misconduct arising from or related
17    to the licensed position or position of employment;
18        (4) the age of the person at the time of the criminal
19    offense;
20        (5) successful completion of sentence and, for
21    applicants serving a term of parole or probation, a
22    progress report provided by the applicant's probation or
23    parole officer that documents the applicant's compliance
24    with conditions of supervision;
25        (6) evidence of the applicant's present fitness and
26    professional character;

 

 

10000HB3822ham001- 103 -LRB100 08546 SMS 22484 a

1        (7) evidence of rehabilitation or rehabilitative
2    effort during or after incarceration, or during or after a
3    term of supervision, including, but not limited to, a
4    certificate of good conduct under Section 5-5.5-25 of the
5    Unified Code of Corrections or a certificate of relief from
6    disabilities under Section 5-5.5-10 of the Unified Code of
7    Corrections; and
8        (8) any other mitigating factors that contribute to the
9    person's potential and current ability to perform the
10    duties and responsibilities of the specific licensed
11    practice or employment position.
12    (c) It is the affirmative obligation of the Office to
13demonstrate that a prior conviction would impair the ability of
14the applicant to engage in the licensed practice. If the Office
15refuses to issue a license to an applicant, then the applicant
16shall be notified of the denial in writing with the following
17included in the notice of denial:
18        (1) a statement about the decision to refuse to issue a
19    license;
20        (2) a list of the convictions that formed the sole or
21    partial basis for the refusal to issue a license;
22        (3) a list of the mitigating evidence presented by the
23    applicant;
24        (4) reasons for refusing to issue a license specific to
25    the evidence presented in mitigation of conviction items
26    that formed the partial or sole basis for the Office's

 

 

10000HB3822ham001- 104 -LRB100 08546 SMS 22484 a

1    decision; and
2        (5) a summary of the appeal process or the earliest the
3    applicant may reapply for a license, whichever is
4    applicable.
5    (d) No later than May 1 of each year, the Office must
6prepare, publicly announce, and publish a report of summary
7statistical information relating to new and renewal license
8applications during the preceding calendar year. Each report
9shall show, at a minimum:
10        (1) the number of applicants for a new or renewal
11    license under this Act within the previous calendar year;
12        (2) the number of applicants for a new or renewal
13    license under this Act within the previous calendar year
14    who had any criminal conviction;
15        (3) the number of applicants for a new or renewal
16    license under this Act in the previous calendar year who
17    were granted a license;
18        (4) the number of applicants for a new or renewal
19    license with a criminal conviction who were granted a
20    license under this Act within the previous calendar year;
21        (5) the number of applicants for a new or renewal
22    license under this Act within the previous calendar year
23    who were denied a license;
24        (6) the number of applicants for a new or renewal
25    license with a criminal conviction who were denied a
26    license under this Act in the previous calendar year in

 

 

10000HB3822ham001- 105 -LRB100 08546 SMS 22484 a

1    whole or in part because of a prior conviction;
2        (7) the number of probationary licenses without
3    monitoring issued under this Act in the previous calendar
4    year to applicants with a criminal conviction; and
5        (8) the number of probationary licenses with
6    monitoring issued under this Act in the previous calendar
7    year to applicants with a criminal conviction.
 
8    Section 60. The Solid Waste Site Operator Certification Law
9is amended by changing Section 1005 and by adding Section
101005-1 as follows:
 
11    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
12    Sec. 1005. Agency authority. The Agency is authorized to
13exercise the following functions, powers and duties with
14respect to solid waste site operator certification:
15    (a) To conduct examinations to ascertain the
16qualifications of applicants for certificates of competency as
17solid waste site operators;
18    (b) To conduct courses of training on the practical aspects
19of the design, operation and maintenance of sanitary landfills;
20    (c) To issue a certificate to any applicant who has
21satisfactorily met all the requirements pertaining to a
22certificate of competency as a solid waste site operator;
23    (d) To suspend, revoke or refuse to issue any certificate
24for any one or any combination of the following causes:

 

 

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1        (1) The practice of any fraud or deceit in obtaining or
2    attempting to obtain a certificate of competency;
3        (2) Negligence or misconduct in the operation of a
4    sanitary landfill;
5        (3) Repeated failure to comply with any of the
6    requirements applicable to the operation of a sanitary
7    landfill, except for Board requirements applicable to the
8    collection of litter;
9        (4) Repeated violations of federal, State or local
10    laws, regulations, standards, or ordinances regarding the
11    operation of refuse disposal facilities or sites;
12        (5) For the certified, conviction Conviction in this or
13    another State of any crime which is a felony under the laws
14    of this State or conviction of a felony in a federal court;
15    for applicants, the provisions of Section 1005-1 apply;
16        (6) Proof of gross carelessness or incompetence in
17    handling, storing, processing, transporting, or disposing
18    of any hazardous waste; or
19        (7) Being declared to be a person under a legal
20    disability by a court of competent jurisdiction and not
21    thereafter having been lawfully declared to be a person not
22    under legal disability or to have recovered.
23    (e) To adopt rules necessary to perform its functions,
24powers, and duties with respect to solid waste site operator
25certifications.
26(Source: P.A. 86-1363.)
 

 

 

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1    (225 ILCS 230/1005-1 new)
2    Sec. 1005-1. Applicant convictions.
3    (a) The Agency shall not require applicants to report the
4following information and shall not consider the following
5criminal history records in connection with an application for
6certification under this Act:
7        (1) Juvenile adjudications of delinquent minors as
8    defined in Section 5-105 of the Juvenile Court Act of 1987,
9    subject to the restrictions set forth in Section 5-130 of
10    the Juvenile Court Act of 1987.
11        (2) Law enforcement records, court records, and
12    conviction records of an individual who was 17 years old at
13    the time of the offense and before January 1, 2014, unless
14    the nature of the offense required the individual to be
15    tried as an adult.
16        (3) Records of arrest not followed by a conviction.
17        (4) Convictions overturned by a higher court.
18        (5) Convictions or arrests that have been sealed or
19    expunged.
20    (b) When reviewing, for the purpose of determining whether
21to grant a certificate, a conviction of any felony of an
22applicant, the Agency shall consider any evidence of
23rehabilitation and mitigating factors contained in the
24applicant's record, including any of the following:
25        (1) the lack of direct relation of the offense for

 

 

10000HB3822ham001- 108 -LRB100 08546 SMS 22484 a

1    which the applicant was previously convicted to the duties,
2    functions, and responsibilities of the position for which
3    certification is sought;
4        (2) whether 5 years since a felony conviction or 3
5    years since release from confinement for the conviction,
6    whichever is later, have passed without a subsequent
7    conviction;
8        (3) if the applicant was previously licensed or
9    employed in this State or other state or jurisdictions,
10    then the lack of prior misconduct arising from or related
11    to the licensed position or position of employment;
12        (4) the age of the person at the time of the criminal
13    offense;
14        (5) successful completion of sentence and, for
15    applicants serving a term of parole or probation, a
16    progress report provided by the applicant's probation or
17    parole officer that documents the applicant's compliance
18    with conditions of supervision;
19        (6) evidence of the applicant's present fitness and
20    professional character;
21        (7) evidence of rehabilitation or rehabilitative
22    effort during or after incarceration, or during or after a
23    term of supervision, including, but not limited to, a
24    certificate of good conduct under Section 5-5.5-25 of the
25    Unified Code of Corrections or a certificate of relief from
26    disabilities under Section 5-5.5-10 of the Unified Code of

 

 

10000HB3822ham001- 109 -LRB100 08546 SMS 22484 a

1    Corrections; and
2        (8) any other mitigating factors that contribute to the
3    person's potential and current ability to perform the
4    duties and responsibilities of the position for which a
5    certificate or employment is sought.
6    (c) It is the affirmative obligation of the Agency to
7demonstrate that a prior conviction would impair the ability of
8the applicant to engage in the certified practice. If the
9Agency refuses to issue a certificate to an applicant, then the
10Agency shall notify the applicant of the denial in writing with
11the following included in the notice of denial:
12        (1) a statement about the decision to refuse to grant
13    certification;
14        (2) a list of the conviction items that formed the sole
15    or partial basis for the refusal to issue a certificate;
16        (3) a list of the mitigating evidence presented by the
17    applicant;
18        (4) reasons for refusing to issue a certificate
19    specific to the evidence presented in mitigation of
20    conviction items that formed the partial or sole basis for
21    the Agency's decision; and
22        (5) a summary of the appeal process or the earliest the
23    applicant may reapply for a certificate, whichever is
24    applicable.
25    (d) No later than May 1 of each year, the Agency must
26prepare, publicly announce, and publish a report of summary

 

 

10000HB3822ham001- 110 -LRB100 08546 SMS 22484 a

1statistical information relating to new and renewal
2certification applications during the preceding calendar year.
3Each report shall show, at a minimum:
4        (1) the number of applicants for a new or renewal
5    certification under this Act within the previous calendar
6    year;
7        (2) the number of applicants for a new or renewal
8    certification under this Act within the previous calendar
9    year who had any criminal conviction;
10        (3) the number of applicants for a new or renewal
11    certification under this Act in the previous calendar year
12    who were granted a license;
13        (4) the number of applicants for a new or renewal
14    certification with a criminal conviction who were granted
15    certification under this Act within the previous calendar
16    year;
17        (5) the number of applicants for a new or renewal
18    certification under this Act within the previous calendar
19    year who were denied certification;
20        (6) the number of applicants for a new or renewal
21    certification with a criminal conviction who were denied
22    certification under this Act in the previous calendar year
23    in whole or in part because of a prior conviction;
24        (7) the number of probationary certifications without
25    monitoring issued under this Act in the previous calendar
26    year to applicants with a criminal conviction; and

 

 

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1        (8) the number of probationary certifications with
2    monitoring issued under this Act in the previous calendar
3    year to applicants with a criminal conviction.
 
4    Section 65. The Interior Design Title Act is amended by
5changing Section 13 and by adding Section 13.5 as follows:
 
6    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 13. Refusal, revocation or suspension of
9registration. The Department may refuse to issue, renew, or
10restore or may revoke, suspend, place on probation, reprimand
11or take other disciplinary action as the Department may deem
12proper, including fines not to exceed $5,000 for each
13violation, with regard to any registration for any one or
14combination of the following causes:
15        (a) Fraud in procuring the certificate of
16    registration.
17        (b) Habitual intoxication or addiction to the use of
18    drugs.
19        (c) Making any misrepresentations or false promises,
20    directly or indirectly, to influence, persuade, or induce
21    patronage.
22        (d) Professional connection or association with, or
23    lending his or her name, to another for illegal use of the
24    title "registered interior designer", or professional

 

 

10000HB3822ham001- 112 -LRB100 08546 SMS 22484 a

1    connection or association with any person, firm, or
2    corporation holding itself out in any manner contrary to
3    this Act.
4        (e) Obtaining or seeking to obtain checks, money, or
5    any other items of value by false or fraudulent
6    representations.
7        (f) Use of the title under a name other than his or her
8    own.
9        (g) Improper, unprofessional, or dishonorable conduct
10    of a character likely to deceive, defraud, or harm the
11    public.
12        (h) For licensees, conviction Conviction in this or
13    another state, or federal court, of any crime which is a
14    felony, if the Department determines, after investigation,
15    that such person has not been sufficiently rehabilitated to
16    warrant the public trust. For applicants, the provisions of
17    Section 13.5 apply.
18        (i) A violation of any provision of this Act or its
19    rules.
20        (j) Revocation by another state, the District of
21    Columbia, territory, or foreign nation of an interior
22    design or residential interior design registration if at
23    least one of the grounds for that revocation is the same as
24    or the equivalent of one of the grounds for revocation set
25    forth in this Act.
26        (k) Mental incompetence as declared by a court of

 

 

10000HB3822ham001- 113 -LRB100 08546 SMS 22484 a

1    competent jurisdiction.
2        (l) Being named as a perpetrator in an indicated report
3    by the Department of Children and Family Services pursuant
4    to the Abused and Neglected Child Reporting Act, and upon
5    proof by clear and convincing evidence that the registrant
6    has caused a child to be an abused child or neglected child
7    as defined in the Abused and Neglected Child Reporting Act.
8    The Department shall deny a registration or renewal
9authorized by this Act to any person who has defaulted on an
10educational loan guaranteed by the Illinois Student Assistance
11Commission; however, the Department may issue a certificate of
12registration or renewal if such person has established a
13satisfactory repayment record as determined by the Illinois
14Student Assistance Commission.
15    The Department may refuse to issue or may suspend the
16registration of any person who fails to file a return, or to
17pay the tax, penalty, or interest showing in a filed return, or
18to pay any final assessment of tax, penalty, or interest, as
19required by any tax Act administered by the Illinois Department
20of Revenue, until such time as the requirements of any such tax
21Act are satisfied.
22    The entry of a decree by any circuit court establishing
23that any person holding a certificate of registration under
24this Act is a person subject to involuntary admission under the
25Mental Health and Developmental Disabilities Code shall
26operate as a suspension of that registration. That person may

 

 

10000HB3822ham001- 114 -LRB100 08546 SMS 22484 a

1resume using the title "registered interior designer" only upon
2a finding by the Board that he or she has been determined to be
3no longer subject to involuntary admission by the court and
4upon the Board's recommendation to the Director that he or she
5be permitted to resume using the title "registered interior
6designer".
7(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
8    (225 ILCS 310/13.5 new)
9    Sec. 13.5. Applicant convictions.
10    (a) The Department shall not require the applicant to
11report the following information and shall not consider the
12following criminal history records in connection with an
13application for licensure:
14        (1) Juvenile adjudications of delinquent minors as
15    defined in Section 5-105 of the Juvenile Court Act of 1987,
16    subject to the restrictions set forth in Section 5-130 of
17    the Juvenile Court Act of 1987.
18        (2) Law enforcement records, court records, and
19    conviction records of an individual who was 17 years old at
20    the time of the offense and before January 1, 2014, unless
21    the nature of the offense required the individual to be
22    tried as an adult.
23        (3) Records of arrest not followed by a conviction
24    unless related to the practice of the profession. However,
25    applicants shall not be asked to report any arrests, and,

 

 

10000HB3822ham001- 115 -LRB100 08546 SMS 22484 a

1    an arrest not followed by a conviction shall not be the
2    basis of a denial and may be used only to assess an
3    applicant's rehabilitation.
4        (4) Convictions overturned by a higher court.
5        (5) Convictions or arrests that have been sealed or
6    expunged.
7    (b) When reviewing, for the purpose determining whether to
8grant a license, a conviction of any felony by plea of guilty
9or nolo contendere, finding of guilt, jury verdict, or entry of
10judgment or by sentencing of an applicant, the Department shall
11consider any evidence of rehabilitation and mitigating factors
12contained in the applicant's record, including any of the
13following:
14        (1) the lack of direct relation of the offense for
15    which the applicant was previously convicted to the duties,
16    functions, and responsibilities of the position for which a
17    license is sought;
18        (2) whether 5 years since a felony conviction or 3
19    years since release from confinement for the conviction,
20    whichever is later, have passed without a subsequent
21    conviction;
22        (3) if the applicant was previously licensed or
23    employed in this State or other state or jurisdictions,
24    then the lack of prior misconduct arising from or related
25    to the licensed position or position of employment;
26        (4) the age of the person at the time of the criminal

 

 

10000HB3822ham001- 116 -LRB100 08546 SMS 22484 a

1    offense;
2        (5) successful completion of sentence and, for
3    applicants serving a term of parole or probation, a
4    progress report provided by the applicant's probation or
5    parole officer that documents the applicant's compliance
6    with conditions of supervision;
7        (6) evidence of the applicant's present fitness and
8    professional character;
9        (7) evidence of rehabilitation or rehabilitative
10    effort during or after incarceration, or during or after a
11    term of supervision, including, but not limited to, a
12    certificate of good conduct under Section 5-5.5-25 of the
13    Unified Code of Corrections or a certificate of relief from
14    disabilities under Section 5-5.5-10 of the Unified Code of
15    Corrections; and
16        (8) any other mitigating factors that contribute to the
17    person's potential and current ability to perform the
18    duties and responsibilities of the position for which a
19    license or employment is sought.
20    (c) It is the affirmative obligation of the Department to
21demonstrate that a prior conviction would impair the ability of
22the applicant to engage in the licensed practice. If the
23Department refuses to issue a license to an applicant, then the
24Department shall notify the applicant of the denial in writing
25with the following included in the notice of denial:
26        (1) a statement about the decision to refuse to issue a

 

 

10000HB3822ham001- 117 -LRB100 08546 SMS 22484 a

1    license;
2        (2) a list of the conviction items that formed the sole
3    or partial basis for the refusal to issue a license;
4        (3) a list of the mitigating evidence presented by the
5    applicant;
6        (4) reasons for refusing to issue a license specific to
7    the evidence presented in mitigation of conviction items
8    that formed the partial or sole basis for the Department's
9    decision; and
10        (5) a summary of the appeal process or the earliest the
11    applicant may reapply for a license, whichever is
12    applicable.
13    (d) No later than May 1 of each year, the Department must
14prepare, publicly announce, and publish a report of summary
15statistical information relating to new and renewal license
16applications during the preceding calendar year. Each report
17shall show, at a minimum:
18        (1) the number of applicants for a new or renewal
19    license under this Act within the previous calendar year;
20        (2) the number of applicants for a new or renewal
21    license under this Act within the previous calendar year
22    who had any criminal conviction;
23        (3) the number of applicants for a new or renewal
24    license under this Act in the previous calendar year who
25    were granted a license;
26        (4) the number of applicants for a new or renewal

 

 

10000HB3822ham001- 118 -LRB100 08546 SMS 22484 a

1    license with a criminal conviction who were granted a
2    license under this Act within the previous calendar year;
3        (5) the number of applicants for a new or renewal
4    license under this Act within the previous calendar year
5    who were denied a license;
6        (6) the number of applicants for a new or renewal
7    license with a criminal conviction who were denied a
8    license under this Act in the previous calendar year in
9    part or in full because of a prior conviction;
10        (7) the number of probationary licenses without
11    monitoring issued under this Act in the previous calendar
12    year to applicants with a criminal conviction; and
13        (8) the number of probationary licenses with
14    monitoring issued under this Act in the previous calendar
15    year to applicants with a criminal conviction.
 
16    Section 70. The Illinois Professional Land Surveyor Act of
171989 is amended by changing Section 27 and by adding Section
1812.5 as follows:
 
19    (225 ILCS 330/12.5 new)
20    Sec. 12.5. Applicant convictions.
21    (a) The Department shall not require the applicant to
22report the following information and shall not consider the
23following criminal history records in connection with an
24application for a license under this Act:

 

 

10000HB3822ham001- 119 -LRB100 08546 SMS 22484 a

1        (1) Juvenile adjudications of delinquent minors as
2    defined in Section 5-105 of the Juvenile Court Act of 1987,
3    subject to the restrictions set forth in Section 5-130 of
4    the Juvenile Court Act of 1987.
5        (2) Law enforcement records, court records, and
6    conviction records of an individual who was 17 years old at
7    the time of the offense and before January 1, 2014, unless
8    the nature of the offense required the individual to be
9    tried as an adult.
10        (3) Records of arrest not followed by a conviction
11    unless related to the practice of the profession. However,
12    applicants shall not be asked to report any arrests, and,
13    an arrest not followed by a conviction shall not be the
14    basis of a denial and may be used only to assess an
15    applicant's rehabilitation.
16        (4) Convictions overturned by a higher court.
17        (5) Convictions or arrests that have been sealed or
18    expunged.
19    (b) No applicant for license under this Act shall be denied
20a license based on a finding of a lack of "good moral
21character" when a finding is based on the fact that an
22applicant was previously convicted of a criminal offense or
23offenses. When reviewing, for the purpose of determining moral
24character or whether to grant a license, a conviction of any
25felony or a misdemeanor directly related to the practice of the
26profession, the Department shall consider any evidence of

 

 

10000HB3822ham001- 120 -LRB100 08546 SMS 22484 a

1rehabilitation and mitigating factors contained in the
2applicant's record, including any of the following:
3        (1) the lack of direct relation of the offense for
4    which the applicant was previously convicted to the duties,
5    functions, and responsibilities of the position for which a
6    license is sought;
7        (2) whether 5 years since a felony conviction or 3
8    years since release from confinement for the conviction,
9    whichever is later, have passed without a subsequent
10    conviction;
11        (3) if the applicant was previously licensed or
12    employed in this State or other state or jurisdictions,
13    then the lack of prior misconduct arising from or related
14    to the licensed position or position of employment;
15        (4) the age of the person at the time of the criminal
16    offense;
17        (5) successful completion of sentence and, for
18    applicants serving a term of parole or probation, a
19    progress report provided by the applicant's probation or
20    parole officer that documents the applicant's compliance
21    with conditions of supervision;
22        (6) evidence of the applicant's present fitness and
23    professional character;
24        (7) evidence of rehabilitation or rehabilitative
25    effort during or after incarceration, or during or after a
26    term of supervision, including, but not limited to, a

 

 

10000HB3822ham001- 121 -LRB100 08546 SMS 22484 a

1    certificate of good conduct under Section 5-5.5-25 of the
2    Unified Code of Corrections or a certificate of relief from
3    disabilities under Section 5-5.5-10 of the Unified Code of
4    Corrections; and
5        (8) any other mitigating factors that contribute to the
6    person's potential and current ability to perform the
7    duties and responsibilities of the position for which a
8    license or employment is sought.
9    (c) It is the affirmative obligation of the Department to
10demonstrate that a prior conviction would impair the ability of
11the applicant to engage in the licensed practice. If the
12Department refuses to issue a license to an applicant, then the
13Department shall notify the applicant of the denial in writing
14with the following included in the notice of denial:
15        (1) a statement about the decision to refuse to issue a
16    license;
17        (2) a list of the conviction items that formed the sole
18    or partial basis for the refusal to issue a license;
19        (3) a list of the mitigating evidence presented by the
20    applicant;
21        (4) reasons for refusing to issue a license specific to
22    the evidence presented in mitigation of conviction items
23    that formed the partial or sole basis for the Department's
24    decision; and
25        (5) a summary of the appeal process or the earliest the
26    applicant may reapply for a license, whichever is

 

 

10000HB3822ham001- 122 -LRB100 08546 SMS 22484 a

1    applicable.
2    (d) No later than May 1 of each year, the Department must
3prepare, publicly announce, and publish a report of summary
4statistical information relating to new and renewal license
5applications during the preceding calendar year. Each report
6shall show, at a minimum:
7        (1) the number of applicants for a new or renewal
8    license under this Act within the previous calendar year;
9        (2) the number of applicants for a new or renewal
10    license under this Act within the previous calendar year
11    who had any criminal conviction;
12        (3) the number of applicants for a new or renewal
13    license under this Act in the previous calendar year who
14    were granted a license;
15        (4) the number of applicants for a new or renewal
16    license with a criminal conviction who were granted a
17    license under this Act within the previous calendar year;
18        (5) the number of applicants for a new or renewal
19    license under this Act within the previous calendar year
20    who were denied a license;
21        (6) the number of applicants for a new or renewal
22    license with a criminal conviction who were denied a
23    license under this Act in the previous calendar year in
24    part or in whole because of a prior conviction;
25        (7) the number of probationary licenses without
26    monitoring issued under this Act in the previous calendar

 

 

10000HB3822ham001- 123 -LRB100 08546 SMS 22484 a

1    year to applicants with a criminal conviction; and
2        (8) the number of probationary licenses with
3    monitoring issued under this Act in the previous calendar
4    year to applicants with a criminal conviction.
 
5    (225 ILCS 330/27)  (from Ch. 111, par. 3277)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 27. Grounds for disciplinary action.
8    (a) The Department may refuse to issue or renew a license,
9or may place on probation or administrative supervision,
10suspend, or revoke any license, or may reprimand or take any
11disciplinary or non-disciplinary action as the Department may
12deem proper, including the imposition of fines not to exceed
13$10,000 per violation, upon any person, corporation,
14partnership, or professional land surveying firm licensed or
15registered under this Act for any of the following reasons:
16        (1) material misstatement in furnishing information to
17    the Department;
18        (2) violation, including, but not limited to, neglect
19    or intentional disregard, of this Act, or its rules;
20        (3) for licensees, conviction of, or entry of a plea of
21    guilty or nolo contendere to, any crime that is a felony
22    under the laws of the United States or any state or
23    territory thereof or that is a misdemeanor of which an
24    essential element is dishonesty, or any crime that is
25    directly related to the practice of the profession; for

 

 

10000HB3822ham001- 124 -LRB100 08546 SMS 22484 a

1    applicants, the provisions of Section 12.5 apply;
2        (4) making any misrepresentation for the purpose of
3    obtaining a license, or in applying for restoration or
4    renewal, or the practice of any fraud or deceit in taking
5    any examination to qualify for licensure under this Act;
6        (5) purposefully making false statements or signing
7    false statements, certificates, or affidavits to induce
8    payment;
9        (6) proof of carelessness, incompetence, negligence,
10    or misconduct in practicing land surveying;
11        (7) aiding or assisting another person in violating any
12    provision of this Act or its rules;
13        (8) failing to provide information in response to a
14    written request made by the Department within 30 days after
15    receipt of such written request;
16        (9) engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public;
19        (10) inability to practice with reasonable judgment,
20    skill, or safety as a result of habitual or excessive use
21    of, or addiction to, alcohol, narcotics, stimulants or any
22    other chemical agent or drug;
23        (11) discipline by the United States government,
24    another state, District of Columbia, territory, foreign
25    nation or government agency if at least one of the grounds
26    for the discipline is the same or substantially equivalent

 

 

10000HB3822ham001- 125 -LRB100 08546 SMS 22484 a

1    to those set forth in this Act;
2        (12) directly or indirectly giving to or receiving from
3    any person, firm, corporation, partnership, or association
4    any fee, commission, rebate, or other form of compensation
5    for any professional services not actually or personally
6    rendered;
7        (12.5) issuing a map or plat of survey where the fee
8    for professional services is contingent on a real estate
9    transaction closing;
10        (13) a finding by the Department that an applicant or
11    licensee has failed to pay a fine imposed by the Department
12    or a licensee whose license has been placed on probationary
13    status has violated the terms of probation;
14        (14) practicing on an expired, inactive, suspended, or
15    revoked license;
16        (15) signing, affixing the Professional Land
17    Surveyor's seal or permitting the Professional Land
18    Surveyor's seal to be affixed to any map or plat of survey
19    not prepared by the Professional Land Surveyor or under the
20    Professional Land Surveyor's direct supervision and
21    control;
22        (16) inability to practice the profession with
23    reasonable judgment, skill, or safety as a result of
24    physical illness, including, but not limited to,
25    deterioration through the aging process or loss of motor
26    skill or a mental illness or disability;

 

 

10000HB3822ham001- 126 -LRB100 08546 SMS 22484 a

1        (17) (blank); or
2        (18) failure to adequately supervise or control land
3    surveying operations being performed by subordinates.
4    (a-5) In enforcing this Section, the Department or Board,
5upon a showing of a possible violation, may compel a person
6licensed to practice under this Act, or who has applied for
7licensure or certification pursuant to this Act, to submit to a
8mental or physical examination, or both, as required by and at
9the expense of the Department. The Department or Board may
10order the examining physician to present testimony concerning
11the mental or physical examination of the licensee or
12applicant. No information shall be excluded by reason of any
13common law or statutory privilege relating to communications
14between the licensee or applicant and the examining physician.
15The examining physicians shall be specifically designated by
16the Board or Department. The individual to be examined may
17have, at his or her own expense, another physician of his or
18her choice present during all aspects of the examination.
19Failure of an individual to submit to a mental or physical
20examination when directed shall be grounds for the immediate
21suspension of his or her license until the individual submits
22to the examination if the Department finds that the refusal to
23submit to the examination was without reasonable cause as
24defined by rule.
25    If the Secretary immediately suspends the license of a
26licensee for his or her failure to submit to a mental or

 

 

10000HB3822ham001- 127 -LRB100 08546 SMS 22484 a

1physical examination when directed, a hearing must be convened
2by the Department within 15 days after the suspension and
3completed without appreciable delay.
4    If the Secretary otherwise suspends a person's license
5pursuant to the results of a compelled mental or physical
6examination, a hearing on that person's license must be
7convened by the Department within 15 days after the suspension
8and completed without appreciable delay. The Department and
9Board shall have the authority to review the subject
10individual's record of treatment and counseling regarding
11impairment to the extent permitted by applicable federal
12statutes and regulations safeguarding the confidentiality of
13medical records.
14    Any licensee suspended under this subsection (a-5) shall be
15afforded an opportunity to demonstrate to the Department or
16Board that he or she can resume practice in compliance with the
17acceptable and prevailing standards under the provisions of his
18or her license.
19    (b) The determination by a circuit court that a licensee is
20subject to involuntary admission or judicial admission as
21provided in the Mental Health and Developmental Disabilities
22Code, as now or hereafter amended, operates as an automatic
23license suspension. Such suspension will end only upon a
24finding by a court that the patient is no longer subject to
25involuntary admission or judicial admission and the issuance of
26an order so finding and discharging the patient and upon the

 

 

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1recommendation of the Board to the Director that the licensee
2be allowed to resume his or her practice.
3    (c) The Department shall deny a license or renewal
4authorized by this Act to a person who has defaulted on an
5educational loan or scholarship provided or guaranteed by the
6Illinois Student Assistance Commission or any governmental
7agency of this State in accordance with subdivision (a)(5) of
8Section 2105-15 of the Department of Professional Regulation
9Law of the Civil Administrative Code of Illinois (20 ILCS
102105/2105-15).
11    (d) In cases where the Department of Healthcare and Family
12Services (formerly the Department of Public Aid) has previously
13determined that a licensee or a potential licensee is more than
1430 days delinquent in the payment of child support and has
15subsequently certified the delinquency to the Department, the
16Department shall refuse to issue or renew or shall revoke or
17suspend that person's license or shall take other disciplinary
18action against that person based solely upon the certification
19of delinquency made by the Department of Healthcare and Family
20Services in accordance with subdivision (a)(5) of Section
212105-15 of the Department of Professional Regulation Law of the
22Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
23    (e) The Department shall refuse to issue or renew or shall
24revoke or suspend a person's license or shall take other
25disciplinary action against that person for his or her failure
26to file a return, to pay the tax, penalty, or interest shown in

 

 

10000HB3822ham001- 129 -LRB100 08546 SMS 22484 a

1a filed return, or to pay any final assessment of tax, penalty,
2or interest as required by any tax Act administered by the
3Department of Revenue, until such time as the requirements of
4the tax Act are satisfied in accordance with subsection (g) of
5Section 2105-15 of the Department of Professional Regulation
6Law of the Civil Administrative Code of Illinois (20 ILCS
72105/2105-15).
8(Source: P.A. 98-756, eff. 7-16-14.)
 
9    Section 75. The Water Well and Pump Installation
10Contractor's License Act is amended by changing Section 15 and
11by adding Section 15.1 as follows:
 
12    (225 ILCS 345/15)  (from Ch. 111, par. 7116)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 15. The Department may refuse to issue or renew, may
15suspend or may revoke a license on any one or more of the
16following grounds:
17    (1) Material misstatement in the application for license;
18    (2) Failure to have or retain the qualifications required
19by Section 9 of this Act;
20    (3) Wilful disregard or violation of this Act or of any
21rule or regulation promulgated by the Department pursuant
22thereto; or disregard or violation of any law of the state of
23Illinois or of any rule or regulation promulgated pursuant
24thereto relating to water well drilling or the installation of

 

 

10000HB3822ham001- 130 -LRB100 08546 SMS 22484 a

1water pumps and equipment or any rule or regulation adopted
2pursuant thereto;
3    (4) Wilfully aiding or abetting another in the violation of
4this Act or any rule or regulation promulgated by the
5Department pursuant thereto;
6    (5) Incompetence in the performance of the work of a water
7well contractor or of a water well pump installation
8contractor;
9    (6) Allowing the use of a license by someone other than the
10person in whose name it was issued;
11    (7) For licensees, conviction Conviction of any crime an
12essential element of which is misstatement, fraud or
13dishonesty, conviction in this or another State of any crime
14which is a felony under the laws of this State or the
15conviction in a federal court of any felony; for applicants,
16the provisions of Section 15.1 apply; .
17    (8) Making substantial misrepresentations or false
18promises of a character likely to influence, persuade or induce
19in connection with the occupation of a water well contractor or
20a water well pump installation contractor.
21(Source: P.A. 77-1626.)
 
22    (225 ILCS 345/15.1 new)
23    Sec. 15.1. Applicant convictions.
24    (a) The Department shall not require an applicant to
25provide the following information and shall not consider the

 

 

10000HB3822ham001- 131 -LRB100 08546 SMS 22484 a

1following criminal history records in connection with an
2application for licensure:
3        (1) Juvenile adjudications of delinquent minors as
4    defined in Section 5-105 of the Juvenile Court Act of 1987,
5    subject to the exclusions set forth in Section 5-130 of the
6    Juvenile Court Act of 1987.
7        (2) Law enforcement records, court records, and
8    conviction records of an individual who was 17 years old at
9    the time of the offense and before January 1, 2014, unless
10    the nature of the offense required the individual to be
11    tried as an adult.
12        (3) Records of arrest of an offense unrelated to the
13    practice of the profession and not followed by a
14    conviction. However, applicants shall not be asked to
15    report any arrests, and, any arrest not followed by a
16    conviction shall not be the basis of a denial and may be
17    used only to assess the applicant's rehabilitation.
18        (4) Convictions overturned by a higher court.
19        (5) Convictions or arrests that have been sealed or
20    expunged.
21    (b) When reviewing, for the purpose of determining whether
22to grant a license, a conviction of any felony of an applicant,
23the Department shall consider evidence of rehabilitation and
24mitigating factors contained in the applicant's record,
25including the following:
26        (1) the lack of direct relation of the offense for

 

 

10000HB3822ham001- 132 -LRB100 08546 SMS 22484 a

1    which the applicant was previously convicted to the duties,
2    functions, and responsibilities of the position for which a
3    license is sought;
4        (2) whether 5 years since a felony conviction or 3
5    years since release from confinement for the conviction,
6    whichever is later, have passed without a subsequent
7    conviction;
8        (3) if the applicant was previously licensed or
9    employed in this State or other state or jurisdictions,
10    then the lack of prior misconduct arising from or related
11    to the licensed position or position of employment;
12        (4) the age of the person at the time of the criminal
13    offense;
14        (5) successful completion of sentence and, for
15    applicants serving a term of parole or probation, a
16    progress report provided by the applicant's probation or
17    parole officer that documents the applicant's compliance
18    with conditions of supervision;
19        (6) evidence of the applicant's present fitness and
20    professional character;
21        (7) evidence of rehabilitation or rehabilitative
22    effort during or after incarceration, or during or after a
23    term of supervision, including, but not limited to, a
24    certificate of good conduct under Section 5-5.5-25 of the
25    Unified Code of Corrections or a certificate of relief from
26    disabilities under Section 5-5.5-10 of the Unified Code of

 

 

10000HB3822ham001- 133 -LRB100 08546 SMS 22484 a

1    Corrections; and
2        (8) any other mitigating factors that contribute to the
3    person's potential and current ability to perform the job
4    duties.
5    (c) It is the affirmative obligation of the Department to
6demonstrate that a prior conviction would impair the ability of
7the applicant to engage in the licensed practice. If the
8Department refuses to issue a license to an applicant, then the
9Department shall notify the applicant of the denial in writing
10with the following included in the notice of denial:
11        (1) a statement about the decision to refuse to issue a
12    license;
13        (2) a list of the convictions that formed the sole or
14    partial basis for the refusal to issue a license;
15        (3) a list of the mitigating evidence presented by the
16    applicant;
17        (4) reasons for refusing to issue a license specific to
18    the evidence presented in mitigation of conviction items
19    that formed the partial or sole basis for the Department's
20    decision; and
21        (5) a summary of the appeal process or the earliest the
22    applicant may reapply for a license, whichever is
23    applicable.
24    (d) No later than May 1 of each year, the Department must
25prepare, publicly announce, and publish a report of summary
26statistical information relating to new and renewal license

 

 

10000HB3822ham001- 134 -LRB100 08546 SMS 22484 a

1applications during the preceding calendar year. Each report
2shall show, at a minimum:
3        (1) the number of applicants for a new or renewal
4    license under this Act within the previous calendar year;
5        (2) the number of applicants for a new or renewal
6    license under this Act within the previous calendar year
7    who had any criminal conviction;
8        (3) the number of applicants for a new or renewal
9    license under this Act in the previous calendar year who
10    were granted a license;
11        (4) the number of applicants for a new or renewal
12    license with a criminal conviction who were granted a
13    license under this Act within the previous calendar year;
14        (5) the number of applicants for a new or renewal
15    license under this Act within the previous calendar year
16    who were denied a license;
17        (6) the number of applicants for a new or renewal
18    license with a criminal conviction who were denied a
19    license under this Act in the previous calendar year in
20    part or in full because of a prior conviction;
21        (7) the number of probationary licenses without
22    monitoring issued under this Act in the previous calendar
23    year to applicants with a criminal conviction; and
24        (8) the number of probationary licenses with
25    monitoring issued under this Act in the previous calendar
26    year to applicants with a criminal conviction.
 

 

 

10000HB3822ham001- 135 -LRB100 08546 SMS 22484 a

1    Section 80. The Illinois Athlete Agents Act is amended by
2changing Section 75 and by adding Section 74 as follows:
 
3    (225 ILCS 401/74 new)
4    Sec. 74. Applicant convictions.
5    (a) The Department shall not require the applicant to
6report the following information and shall not consider the
7following criminal history records in connection with an
8application for licensure:
9        (1) Juvenile adjudications of delinquent minors as
10    defined in Section 5-105 of the Juvenile Court Act of 1987,
11    subject to the restrictions set forth in Section 5-130 of
12    the Juvenile Court Act of 1987.
13        (2) Law enforcement records, court records, and
14    conviction records of an individual who was 17 years old at
15    the time of the offense and before January 1, 2014, unless
16    the nature of the offense required the individual to be
17    tried as an adult.
18        (3) Records of arrest not followed by a conviction
19    unless related to the practice of the profession. However,
20    applicants shall not be asked to report any arrests, and,
21    an arrest not followed by a conviction shall not be the
22    basis of a denial and may be used only to assess an
23    applicant's rehabilitation.
24        (4) Convictions overturned by a higher court.

 

 

10000HB3822ham001- 136 -LRB100 08546 SMS 22484 a

1        (5) Convictions or arrests that have been sealed or
2    expunged.
3    (b) When reviewing, for the purpose of licensure, a
4conviction of any misdemeanor directly related to the practice
5of the profession or of any felony of the applicant, the
6Department shall consider any evidence of rehabilitation and
7mitigating factors contained in the applicant's record,
8including any of the following:
9        (1) the lack of direct relation of the offense for
10    which the applicant was previously convicted to the duties,
11    functions, and responsibilities of the position for which a
12    license is sought;
13        (2) whether 5 years since a felony conviction or 3
14    years since release from confinement for the conviction,
15    whichever is later, have passed without a subsequent
16    conviction;
17        (3) if the applicant was previously licensed or
18    employed in this State or other state or jurisdictions,
19    then the lack of prior misconduct arising from or related
20    to the licensed position or position of employment;
21        (4) the age of the person at the time of the criminal
22    offense;
23        (5) successful completion of sentence and, for
24    applicants serving a term of parole or probation, a
25    progress report provided by the applicant's probation or
26    parole officer that documents the applicant's compliance

 

 

10000HB3822ham001- 137 -LRB100 08546 SMS 22484 a

1    with conditions of supervision;
2        (6) evidence of the applicant's present fitness and
3    professional character;
4        (7) evidence of rehabilitation or rehabilitative
5    effort during or after incarceration, or during or after a
6    term of supervision, including, but not limited to, a
7    certificate of good conduct under Section 5-5.5-25 of the
8    Unified Code of Corrections or a certificate of relief from
9    disabilities under Section 5-5.5-10 of the Unified Code of
10    Corrections; and
11        (8) any other mitigating factors that contribute to the
12    person's potential and current ability to perform the
13    duties and responsibilities of the position for which a
14    license or employment is sought.
15    (c) It is the affirmative obligation of the Department to
16demonstrate that a prior conviction would impair the ability of
17the applicant to engage in the licensed practice. If the
18Department refuses to issue a license to an applicant, then the
19Department shall notify the applicant of the denial in writing
20with the following included in the notice of denial:
21        (1) a statement about the decision to refuse to issue a
22    license;
23        (2) a list of the conviction items that formed the sole
24    or partial basis for the refusal to issue a license;
25        (3) a list of the mitigating evidence presented by the
26    applicant;

 

 

10000HB3822ham001- 138 -LRB100 08546 SMS 22484 a

1        (4) reasons for refusing to issue a license specific to
2    the evidence presented in mitigation of conviction items
3    that formed the partial or sole basis for the Department's
4    decision; and
5        (5) a summary of the appeal process or the earliest the
6    applicant may reapply for a license, whichever is
7    applicable.
8    (d) No later than May 1 of each year, the Department must
9prepare, publicly announce, and publish a report of summary
10statistical information relating to new and renewal license
11applications during the preceding calendar year. Each report
12shall show, at a minimum:
13        (1) the number of applicants for a new or renewal
14    license under this Act within the previous calendar year;
15        (2) the number of applicants for a new or renewal
16    license under this Act within the previous calendar year
17    who had any criminal conviction;
18        (3) the number of applicants for a new or renewal
19    license under this Act in the previous calendar year who
20    were granted a license;
21        (4) the number of applicants for a new or renewal
22    license with a criminal conviction who were granted a
23    license under this Act within the previous calendar year;
24        (5) the number of applicants for a new or renewal
25    license under this Act within the previous calendar year
26    who were denied a license;

 

 

10000HB3822ham001- 139 -LRB100 08546 SMS 22484 a

1        (6) the number of applicants for a new or renewal
2    license with a criminal conviction who were denied a
3    license under this Act in the previous calendar year in
4    part or in whole because of a prior conviction;
5        (7) the number of probationary licenses without
6    monitoring issued under this Act in the previous calendar
7    year to applicants with a criminal conviction; and
8        (8) the number of probationary licenses with
9    monitoring issued under this Act in the previous calendar
10    year to applicants with a criminal conviction.
 
11    (225 ILCS 401/75)
12    Sec. 75. Grounds for disciplinary action.
13    (a) The Department may refuse to issue or renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including imposing fines not to exceed
17$10,000 for each violation, with regard to any license for any
18one or combination of the following:
19        (1) Making a material misstatement in furnishing
20    information to the Department.
21        (2) Violating this Act, or the rules adopted pursuant
22    to this Act.
23        (3) For licensees, conviction Conviction of or entry of
24    a plea of guilty or nolo contendere, finding of guilt, jury
25    verdict, or entry of judgment or by sentencing of any

 

 

10000HB3822ham001- 140 -LRB100 08546 SMS 22484 a

1    crime, including but not limited to convictions, preceding
2    sentences of supervision, conditional discharge or first
3    offender probation, to any crime that is a felony under the
4    laws of the United States or any state or territory thereof
5    or that is a misdemeanor of which as essential element is
6    dishonesty, or any crime that is directly related to the
7    practice of the profession. For applicants, the provisions
8    of Section 74 of this Act apply.
9        (4) Making any misrepresentation for the purpose of
10    obtaining licensure or violating any provision of this Act
11    or the rules adopted under this Act pertaining to
12    advertising.
13        (5) Professional incompetence.
14        (6) Gross malpractice.
15        (7) Aiding or assisting another person in violating any
16    provision of this Act or rules adopted under this Act.
17        (8) Failing, within 60 days, to provide information in
18    response to a written request made by the Department.
19        (9) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (10) Inability to practice with reasonable judgment,
23    skill or safety as a result of habitual or excessive use or
24    addiction to alcohol, narcotics, stimulants or any other
25    chemical agent or drug.
26        (11) Denial of any application as an athlete agent or

 

 

10000HB3822ham001- 141 -LRB100 08546 SMS 22484 a

1    discipline by another state, District of Columbia,
2    territory, or foreign nation, if at least one of the
3    grounds for the discipline is the same or substantially
4    equivalent to those set forth in this Section.
5        (12) A finding by the Department that the licensee,
6    after having his or her license placed on probationary
7    status, has violated the terms of probation.
8        (13) Willfully making or filing false records or
9    reports in his or her practice, including but not limited
10    to, false records filed with State agencies or departments.
11        (14) Inability to practice the profession with
12    reasonable judgment, skill, or safety as a result of a
13    physical illness, including but not limited to
14    deterioration through the aging process or loss of motor
15    skill, or a mental illness or disability.
16        (15) Solicitation of professional services other than
17    permitted advertising.
18        (16) Conviction of or cash compromise of a charge or
19    violation of the Illinois Controlled Substances Act
20    regulating narcotics.
21        (17) Gross, willful, or continued overcharging for
22    professional services, including filing false statements
23    for collection of fees for which services are not rendered.
24        (18) Practicing under a false or, except as provided by
25    law, an assumed name.
26        (19) Fraud or misrepresentation in applying for, or

 

 

10000HB3822ham001- 142 -LRB100 08546 SMS 22484 a

1    procuring, a license under this Act or in connection with
2    applying for renewal of a license under this Act.
3        (20) Any instance in which the conduct of the applicant
4    or any person named pursuant to item (5) of subsection (a)
5    of Section 45 resulted in the imposition of a sanction,
6    suspension, or declaration of ineligibility to participate
7    in an interscholastic or intercollegiate athletic event on
8    a student-athlete or educational institution.
9        (21) Any instance in which the conduct of any person
10    named pursuant to item (5) of subsection (a) of Section 45
11    resulted in the denial of an application as an athlete
12    agent or discipline of a license as an athlete agent by
13    another state, District of Columbia, territory, or foreign
14    nation, if at least one of the grounds for the discipline
15    is the same or substantially equivalent to those set forth
16    in this Section.
17        (22) Committing any of the activities set forth in
18    subsection (b) of Section 175 of this Act.
19    (b) A person holding a license under this Act or has
20applied for licensure under this Act who, because of a physical
21or mental illness or disability, including but not limited to
22deterioration through the aging process or loss of motor skill,
23is unable to practice the profession with reasonable judgment,
24skill, or safety may be required by the Department to submit to
25care, counseling or treatment by physicians approved or
26designated by the Department as a condition, term or

 

 

10000HB3822ham001- 143 -LRB100 08546 SMS 22484 a

1restriction for continued, reinstated or renewed licensure to
2practice. Submission to care, counseling or treatment as
3required by the Department shall not be considered discipline
4of the license. If the licensee refuses to enter into a care,
5counseling, or treatment agreement or fails to abide by the
6terms of the agreement, then the Department may file a
7complaint to suspend, revoke, or otherwise discipline the
8license of the individual. The Secretary may order the license
9suspended immediately, pending a hearing by the Department.
10Fines shall not be assessed in disciplinary actions involving
11physical or mental illness or impairment.
12    (c) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code, as amended, operates as an automatic suspension. The
16suspension will end only upon a finding by a court that the
17licensee is no longer subject to the involuntary admission or
18judicial admission and issues an order so finding and
19discharging the licensee; and upon review of the order by the
20Secretary or his or her designee, the licensee may be allowed
21to resume his or her practice.
22    (d) The Department may refuse to issue or may suspend
23without hearing as provided for in the Code of Civil Procedure
24the license of any person who fails to file a return, or to pay
25the tax, penalty or interest shown in a filed return, or to pay
26any final assessment of the tax, penalty, or interest as

 

 

10000HB3822ham001- 144 -LRB100 08546 SMS 22484 a

1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirements of any such tax
3Act are satisfied.
4    (e) In enforcing this Section, the Department upon a
5showing of a possible violation may compel an individual
6licensed to practice under this Act, or who has applied for
7licensure under this Act, to submit to a mental or physical
8examination, or both, as required by and at the expense of the
9Department. The Department may order the examining physician to
10present testimony concerning the mental or physical
11examination of the licensee or applicant. No information shall
12be excluded by reason of any common law or statutory privilege
13relating to communications between the licensee or applicant
14and the examining physician. The examining physicians shall be
15specifically designated by the Department. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. Failure of an individual to submit to a mental or
19physical examination, when directed, shall be grounds for the
20immediate suspension of his or her license until the individual
21submits to the examination if the Department finds that the
22refusal to submit to the examination was without reasonable
23cause as defined by rule.
24    In instances in which the Secretary immediately suspends a
25person's license for his or her failure to submit to a mental
26or physical examination, when directed, a hearing on that

 

 

10000HB3822ham001- 145 -LRB100 08546 SMS 22484 a

1person's license must be convened by the Department within 15
2days after the suspension and completed without appreciable
3delay.
4    In instances in which the Secretary otherwise suspends a
5person's license pursuant to the results of a compelled mental
6or physical examination a hearing on that person's license must
7be convened by the Department within 15 days after the
8suspension and completed without appreciable delay. The
9Department shall have the authority to review the subject
10individual's record of treatment and counseling regarding the
11impairment to the extent permitted by applicable federal
12statutes and regulations safeguarding the confidentiality of
13medical records.
14    An individual licensed under this Act and affected under
15this Section shall be afforded an opportunity to demonstrate to
16the Department that he or she can resume practice in compliance
17with acceptable and prevailing standards under the provisions
18of his or her license.
19(Source: P.A. 96-1030, eff. 1-1-11.)
 
20    Section 85. The Auction License Act is amended by changing
21Section 20-15 and by adding Section 20-11 as follows:
 
22    (225 ILCS 407/20-11 new)
23    Sec. 20-11. Applicant convictions.
24    (a) The Department shall not require the applicant to

 

 

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1report information about the following, and shall not consider
2the following criminal history records in connection with an
3application for a license under this Act:
4        (1) Juvenile adjudications of delinquent minors as
5    defined in Section 5-105 of the Juvenile Court Act of 1987,
6    subject to the restrictions set forth in Section 5-130 of
7    the Juvenile Court Act of 1987.
8        (2) Law enforcement records, court records, and
9    conviction records of an individual who was 17 years old at
10    the time of the offense and before January 1, 2014, unless
11    the nature of the offense required the individual to be
12    tried as an adult.
13        (3) Records of arrest not followed by a conviction
14    unless related to the practice of the profession. However,
15    applicants shall not be asked to report any arrests, and,
16    an arrest not followed by a conviction shall not be the
17    basis of a denial and may be used only to assess an
18    applicant's rehabilitation.
19        (4) Convictions overturned by a higher court.
20        (5) Convictions or arrests that have been sealed or
21    expunged.
22    (b) When reviewing, for the purpose of licensure, an
23applicant's conviction of any felony or a misdemeanor that is
24directly related to the practice of the profession, the
25Department shall consider any evidence of rehabilitation and
26mitigating factors contained in the applicant's record,

 

 

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1including any of the following:
2        (1) the lack of direct relation of the offense for
3    which the applicant was previously convicted to the duties,
4    functions, and responsibilities of the position for which a
5    license is sought;
6        (2) whether 5 years since a felony conviction or 3
7    years since release from confinement for the conviction,
8    whichever is later, have passed without a subsequent
9    conviction;
10        (3) if the applicant was previously licensed or
11    employed in this State or other state or jurisdictions,
12    then the lack of prior misconduct arising from or related
13    to the licensed position or position of employment;
14        (4) the age of the person at the time of the criminal
15    offense;
16        (5) successful completion of sentence and, for
17    applicants serving a term of parole or probation, a
18    progress report provided by the applicant's probation or
19    parole officer that documents the applicant's compliance
20    with conditions of supervision;
21        (6) evidence of the applicant's present fitness and
22    professional character;
23        (7) evidence of rehabilitation or rehabilitative
24    effort during or after incarceration, or during or after a
25    term of supervision, including, but not limited to, a
26    certificate of good conduct under Section 5-5.5-25 of the

 

 

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1    Unified Code of Corrections or a certificate of relief from
2    disabilities under Section 5-5.5-10 of the Unified Code of
3    Corrections; and
4        (8) any other mitigating factors that contribute to the
5    person's potential and current ability to perform the
6    duties and responsibilities of the position for which a
7    license or employment is sought.
8    (c) It is the affirmative obligation of the Department to
9demonstrate that a prior conviction would impair the ability of
10the applicant to engage in the licensed practice. If the
11Department refuses to issue a license to an applicant, then the
12Department shall notify the applicant of the denial in writing
13with the following included in the notice of denial:
14        (1) a statement about the decision to refuse to issue a
15    license;
16        (2) a list of the conviction items that formed the sole
17    or partial basis for the refusal to issue a license;
18        (3) a list of the mitigating evidence presented by the
19    applicant;
20        (4) reasons for refusing to issue a license specific to
21    the evidence presented in mitigation of conviction items
22    that formed the partial or sole basis for the Department's
23    decision; and
24        (5) a summary of the appeal process or the earliest the
25    applicant may reapply for a license, whichever is
26    applicable.

 

 

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1    (d) No later than May 1 of each year, the Department must
2prepare, publicly announce, and publish a report of summary
3statistical information relating to new and renewal license
4applications during the preceding calendar year. Each report
5shall show, at a minimum:
6        (1) the number of applicants for a new or renewal
7    license under this Act within the previous calendar year;
8        (2) the number of applicants for a new or renewal
9    license under this Act within the previous calendar year
10    who had any criminal conviction;
11        (3) the number of applicants for a new or renewal
12    license under this Act in the previous calendar year who
13    were granted a license;
14        (4) the number of applicants for a new or renewal
15    license with a criminal conviction who were granted a
16    license under this Act within the previous calendar year;
17        (5) the number of applicants for a new or renewal
18    license under this Act within the previous calendar year
19    who were denied a license;
20        (6) the number of applicants for a new or renewal
21    license with a criminal conviction who were denied a
22    license under this Act in the previous calendar year in
23    part or in whole because of a prior conviction;
24        (7) the number of probationary licenses without
25    monitoring issued under this Act in the previous calendar
26    year to applicants with a criminal conviction; and

 

 

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1        (8) the number of probationary licenses with
2    monitoring issued under this Act in the previous calendar
3    year to applicants with a criminal conviction.
 
4    (225 ILCS 407/20-15)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 20-15. Disciplinary actions; grounds. The Department
7may refuse to issue or renew a license, may place on probation
8or administrative supervision, suspend, or revoke any license
9or may reprimand or take other disciplinary or non-disciplinary
10action as the Department may deem proper, including the
11imposition of fines not to exceed $10,000 for each violation
12upon anyone licensed under this Act for any of the following
13reasons:
14        (1) False or fraudulent representation or material
15    misstatement in furnishing information to the Department
16    in obtaining or seeking to obtain a license.
17        (2) Violation of any provision of this Act or the rules
18    promulgated pursuant to this Act.
19        (3) For licensees, conviction Conviction of or entry of
20    a plea of guilty or nolo contendere to any crime that is a
21    felony under the laws of the United States or any state or
22    territory thereof, or that is a misdemeanor, an essential
23    element of which is dishonesty, or any crime that is
24    directly related to the practice of the profession. For
25    applicants, the provisions of Section 20-11 apply.

 

 

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1        (4) Being adjudged to be a person under legal
2    disability or subject to involuntary admission or to meet
3    the standard for judicial admission as provided in the
4    Mental Health and Developmental Disabilities Code.
5        (5) Discipline of a licensee by another state, the
6    District of Columbia, a territory of the United States, a
7    foreign nation, a governmental agency, or any other entity
8    authorized to impose discipline if at least one of the
9    grounds for that discipline is the same as or the
10    equivalent to one of the grounds for discipline set forth
11    in this Act or for failing to report to the Department,
12    within 30 days, any adverse final action taken against the
13    licensee by any other licensing jurisdiction, government
14    agency, law enforcement agency, or court, or liability for
15    conduct that would constitute grounds for action as set
16    forth in this Act.
17        (6) Engaging in the practice of auctioneering,
18    conducting an auction, or providing an auction service
19    without a license or after the license was expired,
20    revoked, suspended, or terminated or while the license was
21    inoperative.
22        (7) Attempting to subvert or cheat on the auctioneer
23    exam or any continuing education exam, or aiding or
24    abetting another to do the same.
25        (8) Directly or indirectly giving to or receiving from
26    a person, firm, corporation, partnership, or association a

 

 

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1    fee, commission, rebate, or other form of compensation for
2    professional service not actually or personally rendered,
3    except that an auctioneer licensed under this Act may
4    receive a fee from another licensed auctioneer from this
5    State or jurisdiction for the referring of a client or
6    prospect for auction services to the licensed auctioneer.
7        (9) Making any substantial misrepresentation or
8    untruthful advertising.
9        (10) Making any false promises of a character likely to
10    influence, persuade, or induce.
11        (11) Pursuing a continued and flagrant course of
12    misrepresentation or the making of false promises through a
13    licensee, agent, employee, advertising, or otherwise.
14        (12) Any misleading or untruthful advertising, or
15    using any trade name or insignia of membership in any
16    auctioneer association or organization of which the
17    licensee is not a member.
18        (13) Commingling funds of others with his or her own
19    funds or failing to keep the funds of others in an escrow
20    or trustee account.
21        (14) Failure to account for, remit, or return any
22    moneys, property, or documents coming into his or her
23    possession that belong to others, acquired through the
24    practice of auctioneering, conducting an auction, or
25    providing an auction service within 30 days of the written
26    request from the owner of said moneys, property, or

 

 

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1    documents.
2        (15) Failure to maintain and deposit into a special
3    account, separate and apart from any personal or other
4    business accounts, all moneys belonging to others
5    entrusted to a licensee while acting as an auctioneer,
6    associate auctioneer, auction firm, or as a temporary
7    custodian of the funds of others.
8        (16) Failure to make available to Department personnel
9    during normal business hours all escrow and trustee records
10    and related documents maintained in connection with the
11    practice of auctioneering, conducting an auction, or
12    providing an auction service within 24 hours after a
13    request from Department personnel.
14        (17) Making or filing false records or reports in his
15    or her practice, including but not limited to false records
16    or reports filed with State agencies.
17        (18) Failing to voluntarily furnish copies of all
18    written instruments prepared by the auctioneer and signed
19    by all parties to all parties at the time of execution.
20        (19) Failing to provide information within 30 days in
21    response to a written request made by the Department.
22        (20) Engaging in any act that constitutes a violation
23    of Section 2-102, 3-103, or 3-105 of the Illinois Human
24    Rights Act.
25        (21) (Blank).
26        (22) Engaging in dishonorable, unethical, or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public.
3        (23) Offering or advertising real estate for sale or
4    lease at auction without a valid broker or managing
5    broker's license under the Real Estate License Act of 1983,
6    or any successor Act, unless exempt from licensure under
7    the terms of the Real Estate License Act of 2000, or any
8    successor Act, except as provided for in Section 5-32 of
9    the Real Estate License Act of 2000.
10        (24) Inability to practice the profession with
11    reasonable judgment, skill, or safety as a result of a
12    physical illness, including, but not limited to,
13    deterioration through the aging process or loss of motor
14    skill, or a mental illness or disability.
15        (25) A pattern of practice or other behavior that
16    demonstrates incapacity or incompetence to practice under
17    this Act.
18        (26) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    under the Abused and Neglected Child Reporting Act and upon
21    proof by clear and convincing evidence that the licensee
22    has caused a child to be an abused child or a neglected
23    child as defined in the Abused and Neglected Child
24    Reporting Act.
25        (27) Inability to practice with reasonable judgment,
26    skill, or safety as a result of habitual or excessive use

 

 

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1    or addiction to alcohol, narcotics, stimulants, or any
2    other chemical agent or drug.
3        (28) Wilfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act.
6    The entry of an order by a circuit court establishing that
7any person holding a license under this Act is subject to
8involuntary admission or judicial admission, as provided for in
9the Mental Health and Developmental Disabilities Code,
10operates as an automatic suspension of that license. That
11person may have his or her license restored only upon the
12determination by a circuit court that the patient is no longer
13subject to involuntary admission or judicial admission and the
14issuance of an order so finding and discharging the patient and
15upon the Board's recommendation to the Department that the
16license be restored. Where circumstances so indicate, the Board
17may recommend to the Department that it require an examination
18prior to restoring a suspended license.
19    If the Department or Board finds an individual unable to
20practice because of the reasons set forth in this Section, the
21Department or Board may require that individual to submit to
22care, counseling, or treatment by physicians approved or
23designated by the Department or Board, as a condition, term, or
24restriction for continued, reinstated, or renewed licensure to
25practice; or, in lieu of care, counseling, or treatment, the
26Department may file, or the Board may recommend to the

 

 

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1Department to file, a complaint to immediately suspend, revoke,
2or otherwise discipline the license of the individual. An
3individual whose license was granted, continued, reinstated,
4renewed, disciplined or supervised subject to such terms,
5conditions, or restrictions, and who fails to comply with such
6terms, conditions, or restrictions, shall be referred to the
7Secretary for a determination as to whether the individual
8shall have his or her license suspended immediately, pending a
9hearing by the Department. In instances in which the Secretary
10immediately suspends a person's license under this Section, a
11hearing on that person's license must be convened by the
12Department within 21 days after the suspension and completed
13without appreciable delay. The Department and Board shall have
14the authority to review the subject individual's record of
15treatment and counseling regarding the impairment to the extent
16permitted by applicable federal statutes and regulations
17safeguarding the confidentiality of medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department or Board that he or she can resume practice in
21compliance with acceptable and prevailing standards under the
22provisions of his or her license.
23    In enforcing this Section, the Department or Board, upon a
24showing of a possible violation, may compel an individual
25licensed to practice under this Act, or who has applied for
26licensure under this Act, to submit to a mental or physical

 

 

10000HB3822ham001- 157 -LRB100 08546 SMS 22484 a

1examination, or both, as required by and at the expense of the
2Department. The Department or Board may order the examining
3physician to present testimony concerning the mental or
4physical examination of the licensee or applicant. No
5information shall be excluded by reason of any common law or
6statutory privilege relating to communications between the
7licensee or applicant and the examining physician. The
8examining physicians shall be specifically designated by the
9Board or Department. The individual to be examined may have, at
10his or her own expense, another physician of his or her choice
11present during all aspects of this examination. Failure of an
12individual to submit to a mental or physical examination when
13directed shall be grounds for suspension of his or her license
14until the individual submits to the examination, if the
15Department finds that, after notice and hearing, the refusal to
16submit to the examination was without reasonable cause.
17(Source: P.A. 98-553, eff. 1-1-14.)
 
18    Section 90. The Electrologist Licensing Act is amended by
19changing Section 75 and by adding Section 76 as follows:
 
20    (225 ILCS 412/75)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 75. Grounds for discipline.
23    (a) The Department may refuse to issue or renew and may
24revoke or suspend a license under this Act, and may place on

 

 

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1probation, reprimand, or take other disciplinary or
2non-disciplinary action with regard to any licensee under this
3Act, as the Department may consider appropriate, including
4imposing fines not to exceed $10,000 for each violation and
5assess costs as provided for under Section 95 of this Act, for
6one or any combination of the following causes:
7        (1) Material misstatement in furnishing information to
8    the Department.
9        (2) Violation of this Act or rules adopted under this
10    Act.
11        (3) For licensees, conviction Conviction by plea of
12    guilty or nolo contendere, finding of guilt, jury verdict,
13    or entry of judgment or sentencing, including, but not
14    limited to, convictions, preceding sentences of
15    supervision, conditional discharge, or first offender
16    probation, under the laws of any jurisdiction of the United
17    States that is (i) a felony or (ii) a misdemeanor, an
18    essential element of which is dishonesty, or that is
19    directly related to the practice of electrology. For
20    applicants, the provisions of Section 76 of this Act apply.
21        (4) Fraud or misrepresentation in applying for or
22    procuring a license under this Act, or in connection with
23    applying for renewal of a license under this Act.
24        (5) Aiding or assisting another person in violating any
25    provision of this Act or its rules.
26        (6) Failing to provide information within 60 days in

 

 

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1    response to a written request made by the Department.
2        (7) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public.
5        (8) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, alcohol, or any other
7    substance that results in an electrologist's inability to
8    practice with reasonable judgment, skill, or safety.
9        (9) Discipline by another governmental agency, unit of
10    government, U.S. jurisdiction, or foreign nation if at
11    least one of the grounds for discipline is the same as or
12    substantially equivalent to any of those set forth in this
13    Act.
14        (10) Directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership, or association
16    any fee, commission, rebate, or other form of compensation
17    for any professional services not actually or personally
18    rendered. Nothing in this paragraph (10) affects any bona
19    fide independent contractor or employment arrangements
20    among health care professionals, health facilities, health
21    care providers, or other entities, except as otherwise
22    prohibited by law. Any employment arrangements with health
23    care providers may include provisions for compensation,
24    health insurance, pension, or other employment benefits
25    for the provision of services within the scope of the
26    licensee's practice under this Act. Nothing in this

 

 

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1    paragraph (10) shall be construed to require an employment
2    arrangement to receive professional fees for services
3    rendered.
4        (11) A finding by the Department that the licensee,
5    after having his or her license placed on probationary
6    status, has violated the terms of probation.
7        (12) Abandonment of a patient.
8        (13) Willfully making or filing false records or
9    reports in the licensee's practice, including, but not
10    limited to, false records filed with State agencies or
11    departments.
12        (14) Mental or physical illness or disability,
13    including, but not limited to, deterioration through the
14    aging process or loss of motor skill that results in the
15    inability to practice the profession with reasonable
16    judgment, skill, or safety.
17        (15) Negligence in his or her practice under this Act.
18        (16) Use of fraud, deception, or any unlawful means in
19    applying for and securing a license as an electrologist.
20        (17) Immoral conduct in the commission of any act, such
21    as sexual abuse, sexual misconduct, or sexual
22    exploitation, related to the licensee's practice.
23        (18) Failure to comply with standards of sterilization
24    and sanitation as defined in the rules of the Department.
25        (19) Charging for professional services not rendered,
26    including filing false statements for the collection of

 

 

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1    fees for which services are not rendered.
2        (20) Allowing one's license under this Act to be used
3    by an unlicensed person in violation of this Act.
4    (b) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax, penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any tax Act administered by
9the Illinois Department of Revenue until the requirements of
10the tax Act are satisfied in accordance with subsection (g) of
11Section 2105-15 of the Department of Professional Regulation
12Law of the Civil Administrative Code of Illinois.
13    (c) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code operates as an automatic suspension. The suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission,
19the issuance of an order so finding and discharging the
20patient, and the filing of a petition for restoration
21demonstrating fitness to practice.
22    (d) In enforcing this Section, the Department, upon a
23showing of a possible violation, may compel any individual who
24is licensed to practice under this Act or any individual who
25has applied for licensure to submit to a mental or physical
26examination and evaluation, or both, that may include a

 

 

10000HB3822ham001- 162 -LRB100 08546 SMS 22484 a

1substance abuse or sexual offender evaluation, at the expense
2of the Department. The Department shall specifically designate
3the examining physician licensed to practice medicine in all of
4its branches or, if applicable, the multidisciplinary team
5involved in providing the mental or physical examination and
6evaluation, or both. The multidisciplinary team shall be led by
7a physician licensed to practice medicine in all of its
8branches and may consist of one or more or a combination of
9physicians licensed to practice medicine in all of its
10branches, licensed chiropractic physicians, licensed clinical
11psychologists, licensed clinical social workers, licensed
12clinical professional counselors, and other professional and
13administrative staff. Any examining physician or member of the
14multidisciplinary team may require any person ordered to submit
15to an examination and evaluation pursuant to this Section to
16submit to any additional supplemental testing deemed necessary
17to complete any examination or evaluation process, including,
18but not limited to, blood testing, urinalysis, psychological
19testing, or neuropsychological testing.
20    The Department may order the examining physician or any
21member of the multidisciplinary team to provide to the
22Department any and all records, including business records,
23that relate to the examination and evaluation, including any
24supplemental testing performed. The Department may order the
25examining physician or any member of the multidisciplinary team
26to present testimony concerning this examination and

 

 

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1evaluation of the licensee, permit holder, or applicant,
2including testimony concerning any supplemental testing or
3documents relating to the examination and evaluation. No
4information, report, record, or other documents in any way
5related to the examination and evaluation shall be excluded by
6reason of any common law or statutory privilege relating to
7communication between the licensee or applicant and the
8examining physician or any member of the multidisciplinary
9team. No authorization is necessary from the licensee or
10applicant ordered to undergo an evaluation and examination for
11the examining physician or any member of the multidisciplinary
12team to provide information, reports, records, or other
13documents or to provide any testimony regarding the examination
14and evaluation. The individual to be examined may have, at his
15or her own expense, another physician of his or her choice
16present during all aspects of the examination.
17    Failure of any individual to submit to mental or physical
18examination and evaluation, or both, when directed, shall
19result in an automatic suspension without hearing, until such
20time as the individual submits to the examination. If the
21Department finds a licensee unable to practice because of the
22reasons set forth in this Section, the Department shall require
23the licensee to submit to care, counseling, or treatment by
24physicians approved or designated by the Department as a
25condition for continued, reinstated, or renewed licensure to
26practice.

 

 

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1    When the Secretary immediately suspends a license under
2this Section, a hearing upon the person's license must be
3convened by the Department within 15 days after the suspension
4and completed without appreciable delay. The Department shall
5have the authority to review the licensee's record of treatment
6and counseling regarding the impairment to the extent permitted
7by applicable federal statutes and regulations safeguarding
8the confidentiality of medical records.
9    Individuals licensed under this Act affected under this
10Section shall be afforded an opportunity to demonstrate to the
11Department that they can resume practice in compliance with
12acceptable and prevailing standards under the provisions of
13their license.
14    (e) The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with item (5) of subsection
19(a) of Section 2105-15 of the Department of Professional
20Regulation Law of the Civil Administrative Code of Illinois.
21    (f) In cases where the Department of Healthcare and Family
22Services has previously determined a licensee or a potential
23licensee is more than 30 days delinquent in the payment of
24child support and has subsequently certified the delinquency to
25the Department, the Department may refuse to issue or renew or
26may revoke or suspend that person's license or may take other

 

 

10000HB3822ham001- 165 -LRB100 08546 SMS 22484 a

1disciplinary action against that person based solely upon the
2certification of delinquency made by the Department of
3Healthcare and Family Services in accordance with item (5) of
4subsection (a) of Section 2105-15 of the Department of
5Professional Regulation Law of the Civil Administrative Code of
6Illinois.
7    (g) All fines or costs imposed under this Section shall be
8paid within 60 days after the effective date of the order
9imposing the fine or costs or in accordance with the terms set
10forth in the order imposing the fine.
11(Source: P.A. 98-363, eff. 8-16-13.)
 
12    (225 ILCS 412/76 new)
13    Sec. 76. Applicant convictions.
14    (a) The Department shall not require the applicant to
15report the following information and shall not consider the
16following criminal history records in connection with an
17application for licensure:
18        (1) Juvenile adjudications of delinquent minors as
19    defined in Section 5-105 of the Juvenile Court Act of 1987,
20    subject to the restrictions set forth in Section 5-130 of
21    the Juvenile Court Act of 1987.
22        (2) Law enforcement records, court records, and
23    conviction records of an individual who was 17 years old at
24    the time of the offense and before January 1, 2014, unless
25    the nature of the offense required the individual to be

 

 

10000HB3822ham001- 166 -LRB100 08546 SMS 22484 a

1    tried as an adult.
2        (3) Records of arrest not followed by a conviction
3    unless related to the practice of the profession. However,
4    applicants shall not be asked to report any arrests, and,
5    an arrest not followed by a conviction shall not be the
6    basis of a denial and may be used only to assess an
7    applicant's rehabilitation.
8        (4) Convictions overturned by a higher court.
9        (5) Convictions or arrests that have been sealed or
10    expunged.
11    (b) When reviewing, for the purpose of determining whether
12to grant a license, a conviction of any felony by plea of
13guilty or nolo contendere, finding of guilt, jury verdict, or
14entry of judgment or by sentencing of an applicant, the
15Department shall consider any evidence of rehabilitation and
16mitigating factors contained in the applicant's record,
17including any of the following:
18        (1) the lack of direct relation of the offense for
19    which the applicant was previously convicted to the duties,
20    functions, and responsibilities of the position for which a
21    license is sought;
22        (2) whether 5 years since a felony conviction or 3
23    years since release from confinement for the conviction,
24    whichever is later, have passed without a subsequent
25    conviction;
26        (3) if the applicant was previously licensed or

 

 

10000HB3822ham001- 167 -LRB100 08546 SMS 22484 a

1    employed in this State or other state or jurisdictions,
2    then the lack of prior misconduct arising from or related
3    to the licensed position or position of employment;
4        (4) the age of the person at the time of the criminal
5    offense;
6        (5) successful completion of sentence and, for
7    applicants serving a term of parole or probation, a
8    progress report provided by the applicant's probation or
9    parole officer that documents the applicant's compliance
10    with conditions of supervision;
11        (6) evidence of the applicant's present fitness and
12    professional character;
13        (7) evidence of rehabilitation or rehabilitative
14    effort during or after incarceration, or during or after a
15    term of supervision, including, but not limited to, a
16    certificate of good conduct under Section 5-5.5-25 of the
17    Unified Code of Corrections or a certificate of relief from
18    disabilities under Section 5-5.5-10 of the Unified Code of
19    Corrections; and
20        (8) any other mitigating factors that contribute to the
21    person's potential and current ability to perform the
22    duties and responsibilities of the position for which a
23    license or employment is sought.
24    (c) It is the affirmative obligation of the Department to
25demonstrate that a prior conviction would impair the ability of
26the applicant to engage in the licensed practice. If the

 

 

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1Department refuses to issue a license to an applicant, then the
2Department shall notify the applicant of the denial in writing
3with the following included in the notice of denial:
4        (1) a statement about the decision to refuse to issue a
5    license;
6        (2) a list of the conviction items that formed the sole
7    or partial basis for the refusal to issue a license;
8        (3) a list of the mitigating evidence presented by the
9    applicant;
10        (4) reasons for refusing to issue a license specific to
11    the evidence presented in mitigation of conviction items
12    that formed the partial or sole basis for the Department's
13    decision; and
14        (5) a summary of the appeal process or the earliest the
15    applicant may reapply for a license, whichever is
16    applicable.
17    (d) No later than May 1 of each year, the Department must
18prepare, publicly announce, and publish a report of summary
19statistical information relating to new and renewal license
20applications during the preceding calendar year. Each report
21shall show, at a minimum:
22        (1) the number of applicants for a new or renewal
23    license under this Act within the previous calendar year;
24        (2) the number of applicants for a new or renewal
25    license under this Act within the previous calendar year
26    who had any criminal conviction;

 

 

10000HB3822ham001- 169 -LRB100 08546 SMS 22484 a

1        (3) the number of applicants for a new or renewal
2    license under this Act in the previous calendar year who
3    were granted a license;
4        (4) the number of applicants for a new or renewal
5    license with a criminal conviction who were granted a
6    license under this Act within the previous calendar year;
7        (5) the number of applicants for a new or renewal
8    license under this Act within the previous calendar year
9    who were denied a license;
10        (6) the number of applicants for a new or renewal
11    license with a criminal conviction who were denied a
12    license under this Act in the previous calendar year in
13    part or in whole because of a prior conviction;
14        (7) the number of probationary licenses without
15    monitoring issued under this Act in the previous calendar
16    year to applicants with a criminal conviction; and
17        (8) the number of probationary licenses with
18    monitoring issued under this Act in the previous calendar
19    year to applicants with a criminal conviction.
 
20    Section 95. The Illinois Certified Shorthand Reporters Act
21of 1984 is amended by changing Sections 11 and 23 and by adding
22Section 11.1 as follows:
 
23    (225 ILCS 415/11)  (from Ch. 111, par. 6211)
24    (Section scheduled to be repealed on January 1, 2024)

 

 

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1    Sec. 11. Qualifications; application. A person shall be
2qualified for certification as a certified shorthand reporter
3if:
4    A. That person has applied in writing in form and substance
5to the Department; and
6        (1) (Blank);
7        (2) Is of good moral character, the determination of
8    which, when based on a prior felony conviction, shall be
9    made in accordance with Section 11.1 of this Act shall take
10    into account but not be totally based upon any felony
11    conviction of the applicant; and
12        (3) Has graduated from a high school or secondary
13    school or its equivalent; and
14    B. That person has successfully completed the examination
15authorized by the Department.
16(Source: P.A. 98-445, eff. 12-31-13.)
 
17    (225 ILCS 415/11.1 new)
18    Sec. 11.1. Applicant convictions.
19    (a) The Department shall not require the applicant to
20report the following information and shall not consider the
21following criminal history records in connection with an
22application for a license under this Act:
23        (1) Juvenile adjudications of delinquent minors as
24    defined in Section 5-105 of the Juvenile Court Act of 1987,
25    subject to the restrictions set forth in Section 5-130 of

 

 

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1    the Juvenile Court Act of 1987.
2        (2) Law enforcement records, court records, and
3    conviction records of an individual who was 17 years old at
4    the time of the offense and before January 1, 2014, unless
5    the nature of the offense required the individual to be
6    tried as an adult.
7        (3) Records of arrest not followed by a conviction
8    unless related to the practice of the profession. However,
9    applicants shall not be asked to report any arrests, and,
10    an arrest not followed by a conviction shall not be the
11    basis of a denial and may be used only to assess an
12    applicant's rehabilitation.
13        (4) Convictions overturned by a higher court.
14        (5) Convictions or arrests that have been sealed or
15    expunged.
16    (b) No applicant for license under this Act shall be denied
17a license based on a finding of a lack of "good moral
18character" when a finding is based on the fact that an
19applicant was previously convicted of a criminal offense or
20offenses. When reviewing, for the purpose of determining moral
21character or whether to grant a license, a conviction of any
22felony or a misdemeanor directly related to the practice of the
23profession of an applicant, the Department shall consider any
24evidence of rehabilitation or mitigating factors contained in
25the applicant's record, including any of the following:
26        (1) the lack of direct relation of the offense for

 

 

10000HB3822ham001- 172 -LRB100 08546 SMS 22484 a

1    which the applicant was previously convicted to the duties,
2    functions, and responsibilities of the position for which a
3    license is sought;
4        (2) whether 5 years since a felony conviction or 3
5    years since release from confinement for the conviction,
6    whichever is later, have passed without a subsequent
7    conviction;
8        (3) if the applicant was previously licensed or
9    employed in this State or other state or jurisdictions,
10    then the lack of prior misconduct arising from or related
11    to the licensed position or position of employment;
12        (4) the age of the person at the time of the criminal
13    offense;
14        (5) successful completion of sentence or for
15    applicants serving a term of parole or probation, a
16    progress report provided by the applicant's probation or
17    parole officer that documents the applicant's compliance
18    with conditions of supervision;
19        (6) evidence of the applicant's present fitness and
20    professional character;
21        (7) evidence of rehabilitation or rehabilitative
22    effort during or after incarceration, or during or after a
23    term of supervision, including, but not limited to, a
24    certificate of good conduct under Section 5-5.5-25 of the
25    Unified Code of Corrections or a certificate of relief from
26    disabilities under Section 5-5.5-10 of the Unified Code of

 

 

10000HB3822ham001- 173 -LRB100 08546 SMS 22484 a

1    Corrections; and
2        (8) any other mitigating factors that contribute to the
3    person's potential and current ability to perform the
4    duties and responsibilities of the position for which a
5    license or employment is sought.
6    (c) It is the affirmative obligation of the Department to
7demonstrate that a prior conviction would impair the ability of
8the applicant to engage in the licensed practice. If the
9Department refuses to issue a license to an applicant, then the
10Department shall notify the applicant of the denial in writing
11with the following included in the notice of denial:
12        (1) a statement about the decision to refuse to issue a
13    license;
14        (2) a list of the conviction items that formed the sole
15    or partial basis for the refusal to issue a license;
16        (3) a list of the mitigating evidence presented by the
17    applicant;
18        (4) reasons for refusing to issue a license specific to
19    the evidence presented in mitigation of conviction items
20    that formed the partial or sole basis for the Department's
21    decision; and
22        (5) a summary of the appeal process or the earliest the
23    applicant may reapply for a license, whichever is
24    applicable.
25    (d) No later than May 1 of each year, the Department must
26prepare, publicly announce, and publish a report of summary

 

 

10000HB3822ham001- 174 -LRB100 08546 SMS 22484 a

1statistical information relating to new and renewal license
2applications during the preceding calendar year. Each report
3shall show, at a minimum:
4        (1) the number of applicants for a new or renewal
5    license under this Act within the previous calendar year;
6        (2) the number of applicants for a new or renewal
7    license under this Act within the previous calendar year
8    who had any criminal conviction;
9        (3) the number of applicants for a new or renewal
10    license under this Act in the previous calendar year who
11    were granted a license;
12        (4) the number of applicants for a new or renewal
13    license with a criminal conviction who were granted a
14    license under this Act within the previous calendar year;
15        (5) the number of applicants for a new or renewal
16    license under this Act within the previous calendar year
17    who were denied a license;
18        (6) the number of applicants for a new or renewal
19    license with a criminal conviction who were denied a
20    license under this Act in the previous calendar year in
21    part or in whole because of a prior conviction;
22        (7) the number of probationary licenses without
23    monitoring issued under this Act in the previous calendar
24    year to applicants with a criminal conviction; and
25        (8) the number of probationary licenses with
26    monitoring issued under this Act in the previous calendar

 

 

10000HB3822ham001- 175 -LRB100 08546 SMS 22484 a

1    year to applicants with a criminal conviction.
 
2    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 23. Grounds for disciplinary action.
5    (a) The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand or take other
7disciplinary or non-disciplinary action as the Department may
8deem appropriate, including imposing fines not to exceed
9$10,000 for each violation and the assessment of costs as
10provided for in Section 23.3 of this Act, with regard to any
11license for any one or combination of the following:
12        (1) Material misstatement in furnishing information to
13    the Department;
14        (2) Violations of this Act, or of the rules promulgated
15    thereunder;
16        (3) For licensees, conviction Conviction by plea of
17    guilty or nolo contendere, finding of guilt, jury verdict,
18    or entry of judgment or by sentencing of any crime,
19    including, but not limited to, convictions, preceding
20    sentences of supervision, conditional discharge, or first
21    offender probation under the laws of any jurisdiction of
22    the United States: (i) that is a felony or (ii) that is a
23    misdemeanor, an essential element of which is dishonesty,
24    or that is directly related to the practice of the
25    profession; for applicants, the provisions of Section 11.1

 

 

10000HB3822ham001- 176 -LRB100 08546 SMS 22484 a

1    apply;
2        (4) Fraud or any misrepresentation in applying for or
3    procuring a license under this Act or in connection with
4    applying for renewal of a license under this Act;
5        (5) Professional incompetence;
6        (6) Aiding or assisting another person, firm,
7    partnership or corporation in violating any provision of
8    this Act or rules;
9        (7) Failing, within 60 days, to provide information in
10    response to a written request made by the Department;
11        (8) Engaging in dishonorable, unethical or
12    unprofessional conduct of a character likely to deceive,
13    defraud or harm the public;
14        (9) Habitual or excessive use or abuse of drugs defined
15    in law as controlled substances, alcohol, or any other
16    substances that results in the inability to practice with
17    reasonable judgment, skill, or safety;
18        (10) Discipline by another state, unit of government,
19    government agency, the District of Columbia, a territory,
20    or foreign nation, if at least one of the grounds for the
21    discipline is the same or substantially equivalent to those
22    set forth herein;
23        (11) Charging for professional services not rendered,
24    including filing false statements for the collection of
25    fees for which services were not rendered, or giving,
26    directly or indirectly, any gift or anything of value to

 

 

10000HB3822ham001- 177 -LRB100 08546 SMS 22484 a

1    attorneys or their staff or any other persons or entities
2    associated with any litigation, that exceeds $100 total per
3    year; for the purposes of this Section, pro bono services,
4    as defined by State law, are permissible in any amount;
5        (12) A finding by the Board that the certificate
6    holder, after having his certificate placed on
7    probationary status, has violated the terms of probation;
8        (13) Willfully making or filing false records or
9    reports in the practice of shorthand reporting, including
10    but not limited to false records filed with State agencies
11    or departments;
12        (14) Physical illness, including but not limited to,
13    deterioration through the aging process, or loss of motor
14    skill which results in the inability to practice under this
15    Act with reasonable judgment, skill or safety;
16        (15) Solicitation of professional services other than
17    by permitted advertising;
18        (16) Willful failure to take full and accurate
19    stenographic notes of any proceeding;
20        (17) Willful alteration of any stenographic notes
21    taken at any proceeding;
22        (18) Willful failure to accurately transcribe verbatim
23    any stenographic notes taken at any proceeding;
24        (19) Willful alteration of a transcript of
25    stenographic notes taken at any proceeding;
26        (20) Affixing one's signature to any transcript of his

 

 

10000HB3822ham001- 178 -LRB100 08546 SMS 22484 a

1    stenographic notes or certifying to its correctness unless
2    the transcript has been prepared by him or under his
3    immediate supervision;
4        (21) Willful failure to systematically retain
5    stenographic notes or transcripts on paper or any
6    electronic media for 10 years from the date that the notes
7    or transcripts were taken;
8        (22) Failure to deliver transcripts in a timely manner
9    or in accordance with contractual agreements;
10        (23) Establishing contingent fees as a basis of
11    compensation;
12        (24) Mental illness or disability that results in the
13    inability to practice under this Act with reasonable
14    judgment, skill, or safety;
15        (25) Practicing under a false or assumed name, except
16    as provided by law;
17        (26) Cheating on or attempting to subvert the licensing
18    examination administered under this Act;
19        (27) Allowing one's license under this Act to be used
20    by an unlicensed person in violation of this Act.
21    All fines imposed under this Section shall be paid within
2260 days after the effective date of the order imposing the fine
23or in accordance with the terms set forth in the order imposing
24the fine.
25    (b) The determination by a circuit court that a certificate
26holder is subject to involuntary admission or judicial

 

 

10000HB3822ham001- 179 -LRB100 08546 SMS 22484 a

1admission as provided in the Mental Health and Developmental
2Disabilities Code, operates as an automatic suspension. Such
3suspension will end only upon a finding by a court that the
4patient is no longer subject to involuntary admission or
5judicial admission, an order by the court so finding and
6discharging the patient. In any case where a license is
7suspended under this Section, the licensee may file a petition
8for restoration and shall include evidence acceptable to the
9Department that the licensee can resume practice in compliance
10with acceptable and prevailing standards of the profession.
11    (c) In cases where the Department of Healthcare and Family
12Services has previously determined a licensee or a potential
13licensee is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency to
15the Department, the Department may refuse to issue or renew or
16may revoke or suspend that person's license or may take other
17disciplinary action against that person based solely upon the
18certification of delinquency made by the Department of
19Healthcare and Family Services in accordance with item (5) of
20subsection (a) of Section 2105-15 of the Civil Administrative
21Code of Illinois.
22    (d) In enforcing this Section, the Department, upon a
23showing of a possible violation, may compel any individual who
24is certified under this Act or any individual who has applied
25for certification under this Act to submit to a mental or
26physical examination and evaluation, or both, which may include

 

 

10000HB3822ham001- 180 -LRB100 08546 SMS 22484 a

1a substance abuse or sexual offender evaluation, at the expense
2of the Department. The Department shall specifically designate
3the examining physician licensed to practice medicine in all of
4its branches or, if applicable, the multidisciplinary team
5involved in providing the mental or physical examination and
6evaluation, or both. The multidisciplinary team shall be led by
7a physician licensed to practice medicine in all of its
8branches and may consist of one or more or a combination of
9physicians licensed to practice medicine in all of its
10branches, licensed chiropractic physicians, licensed clinical
11psychologists, licensed clinical social workers, licensed
12clinical professional counselors, and other professional and
13administrative staff. Any examining physician or member of the
14multidisciplinary team may require any person ordered to submit
15to an examination and evaluation pursuant to this Section to
16submit to any additional supplemental testing deemed necessary
17to complete any examination or evaluation process, including,
18but not limited to, blood testing, urinalysis, psychological
19testing, or neuropsychological testing.
20    The Department may order the examining physician or any
21member of the multidisciplinary team to provide to the
22Department any and all records, including business records,
23that relate to the examination and evaluation, including any
24supplemental testing performed. The Department may order the
25examining physician or any member of the multidisciplinary team
26to present testimony concerning this examination and

 

 

10000HB3822ham001- 181 -LRB100 08546 SMS 22484 a

1evaluation of the certified shorthand reporter or applicant,
2including testimony concerning any supplemental testing or
3documents relating to the examination and evaluation. No
4information, report, record, or other documents in any way
5related to the examination and evaluation shall be excluded by
6reason of any common law or statutory privilege relating to
7communication between the licensee or applicant and the
8examining physician or any member of the multidisciplinary
9team. No authorization is necessary from the certified
10shorthand reporter or applicant ordered to undergo an
11evaluation and examination for the examining physician or any
12member of the multidisciplinary team to provide information,
13reports, records, or other documents or to provide any
14testimony regarding the examination and evaluation. The
15individual to be examined may have, at his or her own expense,
16another physician of his or her choice present during all
17aspects of the examination.
18    Failure of any individual to submit to mental or physical
19examination and evaluation, or both, when directed, shall
20result in an automatic suspension, without hearing, until such
21time as the individual submits to the examination. If the
22Department finds a certified shorthand reporter unable to
23practice because of the reasons set forth in this Section, the
24Department shall require the certified shorthand reporter to
25submit to care, counseling, or treatment by physicians approved
26or designated by the Department, as a condition for continued,

 

 

10000HB3822ham001- 182 -LRB100 08546 SMS 22484 a

1reinstated, or renewed certification.
2    When the Secretary immediately suspends a certificate
3under this Section, a hearing upon the person's certificate
4must be convened by the Department within 15 days after the
5suspension and completed without appreciable delay. The
6Department shall have the authority to review the certified
7shorthand reporter's record of treatment and counseling
8regarding the impairment, to the extent permitted by applicable
9federal statutes and regulations safeguarding the
10confidentiality of medical records.
11    Individuals certified under this Act, affected under this
12Section, shall be afforded an opportunity to demonstrate to the
13Department that they can resume practice in compliance with
14acceptable and prevailing standards under the provisions of
15their certification.
16    (e) The Department shall deny a license or renewal
17authorized by this Act to a person who has defaulted on an
18educational loan or scholarship provided or guaranteed by the
19Illinois Student Assistance Commission or any governmental
20agency of this State in accordance with item (5) of subsection
21(a) of Section 2105-15 of the Civil Administrative Code of
22Illinois.
23    (f) The Department may refuse to issue or may suspend
24without hearing, as provided for in the Code of Civil
25Procedure, the license of any person who fails to file a
26return, to pay the tax, penalty, or interest shown in a filed

 

 

10000HB3822ham001- 183 -LRB100 08546 SMS 22484 a

1return, or to pay any final assessment of tax, penalty, or
2interest as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied in accordance
5with subsection (g) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
 
8    Section 100. The Collateral Recovery Act is amended by
9changing Sections 40, 45, 80, and 85 as follows:
 
10    (225 ILCS 422/40)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 40. Qualifications for recovery manager;
13identification card.
14    (a) An applicant is qualified for licensure as a recovery
15manager if that person meets all of the following requirements:
16        (1) Is 21 years of age or older.
17        (2) If convicted of any felony, has been sufficiently
18    rehabilitated following the conviction Has not been
19    convicted in any jurisdiction of any felony or 7 at least
20    10 years has passed from the time of discharge from any
21    sentence imposed for a felony.
22        (3) Has completed no less than 2,500 hours of actual
23    compensated collateral recovery work as an employee of a
24    repossession agency, a financial institution, or a vehicle

 

 

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1    dealer within the 5 years immediately preceding the filing
2    of an application, acceptable proof of which must be
3    submitted to the Commission.
4        (4) Has submitted to the Commission 2 sets of
5    fingerprints, which shall be checked against the
6    fingerprint records on file with the Illinois State Police
7    and the Federal Bureau of Investigation in the manner set
8    forth in Section 60 of this Act.
9        (5) Has successfully completed a certification program
10    approved by the Commission.
11        (6) Has paid the required application fees.
12    (b) Upon the issuance of a recovery manager license, the
13Commission shall issue the license holder a suitable pocket
14identification card that shall include a photograph of the
15license holder. The identification card must contain the name
16of the license holder and any other information required by the
17Commission. An applicant who is 21 years of age or older
18seeking a religious exemption to the photograph requirement of
19this subsection shall furnish with his or her application an
20approved copy of United States Department of the Treasury
21Internal Revenue Service Form 4029.
22    (c) A recovery manager license is not transferable.
23(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
 
24    (225 ILCS 422/45)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 45. Repossession agency employee requirements.
2    (a) All employees of a licensed repossession agency whose
3duties include the actual repossession of collateral must apply
4for a recovery permit. The holder of a repossession agency
5license issued under this Act, known in this Section as the
6"employer", may employ in the conduct of the business under the
7following provisions:
8        (1) No person may be issued a recovery permit who meets
9    any of the following criteria:
10            (A) Is younger than 21 years of age.
11            (B) Has been determined by the Commission to be
12        unfit by reason of a lack of rehabilitation following a
13        conviction of an offense in this or another state,
14        other than a minor traffic offense. The Commission
15        shall adopt rules for making those determinations.
16            (C) Has had a license or recovery permit denied,
17        suspended, or revoked under this Act.
18            (D) Has not successfully completed a certification
19        program approved by the Commission.
20        (2) No person may be employed by a repossession agency
21    under this Section until he or she has executed and
22    furnished to the Commission, on forms furnished by the
23    Commission, a verified statement to be known as an
24    "Employee's Statement" setting forth all of the following:
25            (A) The person's full name, age, and residence
26        address.

 

 

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1            (B) The business or occupation engaged in for the 5
2        years immediately before the date of the execution of
3        the statement, the place where the business or
4        occupation was engaged in, and the names of the
5        employers, if any.
6            (C) That the person has not had a license or
7        recovery permit denied, revoked, or suspended under
8        this Act.
9            (D) Any conviction of a felony, except as provided
10        for in Section 85.
11            (E) Any other information as may be required by any
12        rule of the Commission to show the good character,
13        competency, and integrity of the person executing the
14        statement.
15    (b) Each applicant for a recovery permit shall have his or
16her fingerprints submitted to the Commission by a Live Scan
17fingerprint vendor certified by the Illinois State Police under
18the Private Detective, Private Alarm, Private Security,
19Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
20format that complies with the form and manner for requesting
21and furnishing criminal history record information as
22prescribed by the Illinois State Police. These fingerprints
23shall be checked against the Illinois State Police and Federal
24Bureau of Investigation criminal history record databases now
25and hereafter filed. The Commission shall charge applicants a
26fee for conducting the criminal history records check, which

 

 

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1shall not exceed the actual cost of the records check. The
2Illinois Commerce Commission Police shall furnish, pursuant to
3positive identification, records of Illinois convictions to
4the Commission. The Commission, in its discretion, may allow an
5applicant who does not have reasonable access to a designated
6vendor to provide his or her fingerprints in an alternative
7manner. The Commission, in its discretion, may also use other
8procedures in performing or obtaining criminal history records
9checks of applicants. Instead of submitting his or her
10fingerprints, an individual may submit proof that is
11satisfactory to the Commission that an equivalent security
12clearance has been conducted.
13    (c) Qualified applicants shall purchase a recovery permit
14from the Commission and in a form that the Commission
15prescribes. The Commission shall notify the submitting person
16within 10 days after receipt of the application of its intent
17to issue or deny the recovery permit. The holder of a recovery
18permit shall carry the recovery permit at all times while
19actually engaged in the performance of the duties of his or her
20employment. No recovery permit shall be effective unless
21accompanied by a license issued by the Commission. Expiration
22and requirements for renewal of recovery permits shall be
23established by rule of the Commission. Possession of a recovery
24permit does not in any way imply that the holder of the
25recovery permit is employed by any agency unless the recovery
26permit is accompanied by the employee identification card

 

 

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1required by subsection (e) of this Section.
2    (d) Each employer shall maintain a record of each employee
3that is accessible to the duly authorized representatives of
4the Commission. The record shall contain all of the following
5information:
6        (1) A photograph taken within 10 days after the date
7    that the employee begins employment with the employer. The
8    photograph shall be replaced with a current photograph
9    every 3 calendar years.
10        (2) The Employee's Statement specified in paragraph
11    (2) of subsection (a) of this Section.
12        (3) All correspondence or documents relating to the
13    character and integrity of the employee received by the
14    employer from any official source or law enforcement
15    agency.
16        (4) In the case of former employees, the employee
17    identification card of that person issued under subsection
18    (e) of this Section.
19    (e) Every employer shall furnish an employee
20identification card to each of his or her employees. This
21subsection (e) shall not apply to office or clerical personnel.
22This employee identification card shall contain a recent
23photograph of the employee, the employee's name, the name and
24agency license number of the employer, the employee's personal
25description, the signature of the employer, the signature of
26that employee, the date of issuance, and an employee

 

 

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1identification card number.
2    (f) No employer may issue an employee identification card
3to any person who is not employed by the employer in accordance
4with this Section or falsely state or represent that a person
5is or has been in his or her employ. It is unlawful for an
6applicant for registration to file with the Commission the
7fingerprints of a person other than himself or herself or to
8fail to exercise due diligence in resubmitting replacement
9fingerprints for those employees who have had original
10fingerprint submissions returned as unclassifiable. An agency
11shall inform the Commission within 15 days after contracting or
12employing a licensed repossession agency employee. The
13Commission shall develop a registration process by rule.
14    (g) Every employer shall obtain the identification card of
15every employee who terminates employment with the employer. An
16employer shall immediately report an identification card that
17is lost or stolen to the local police department having
18jurisdiction over the repossession agency location.
19    (h) No agency may employ any person to perform any activity
20under this Act unless the person possesses a valid license or
21recovery permit under this Act.
22    (i) If information is discovered affecting the
23registration of a person whose fingerprints were submitted
24under this Section, then the Commission shall so notify the
25agency that submitted the fingerprints on behalf of that
26person.

 

 

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1    (j) A person employed under this Section shall have 15
2business days within which to notify the Commission of any
3change in employer, but may continue working under any other
4recovery permits granted as an employee or independent
5contractor.
6    (k) This Section applies only to those employees of
7licensed repossession agencies whose duties include actual
8repossession of collateral.
9    (l) An applicant who is 21 years of age or older seeking a
10religious exemption to the photograph requirement of this
11Section shall furnish with his or her application an approved
12copy of United States Department of the Treasury Internal
13Revenue Service Form 4029. Regardless of age, an applicant
14seeking a religious exemption to this photograph requirement
15shall submit fingerprints in a form and manner prescribed by
16the Commission with his or her application in lieu of a
17photograph.
18(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
 
19    (225 ILCS 422/80)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 80. Refusal, revocation, or suspension.
22    (a) The Commission may refuse to issue or renew or may
23revoke any license or recovery permit or may suspend, place on
24probation, fine, or take any disciplinary action that the
25Commission may deem proper, including fines not to exceed

 

 

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1$2,500 for each violation, with regard to any license holder or
2recovery permit holder for one or any combination of the
3following causes:
4        (1) Knowingly making any misrepresentation for the
5    purpose of obtaining a license or recovery permit.
6        (2) Violations of this Act or its rules.
7        (3) For licensees or permit holders, conviction
8    Conviction of any crime under the laws of the United States
9    or any state or territory thereof that is (i) a felony,
10    (ii) a misdemeanor, an essential element of which is
11    dishonesty, or (iii) a crime that is related to the
12    practice of the profession. For license or permit
13    applicants, the provisions of Section 85 of this Act apply.
14        (4) Aiding or abetting another in violating any
15    provision of this Act or its rules.
16        (5) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public as defined by rule.
19        (6) Violation of any court order from any State or
20    public agency engaged in the enforcement of payment of
21    child support arrearages or for noncompliance with certain
22    processes relating to paternity or support proceeding.
23        (7) Solicitation of professional services by using
24    false or misleading advertising.
25        (8) A finding that the license or recovery permit was
26    obtained by fraudulent means.

 

 

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1        (9) Practicing or attempting to practice under a name
2    other than the full name shown on the license or recovery
3    permit or any other legally authorized name.
4    (b) The Commission may refuse to issue or may suspend the
5license or recovery permit of any person or entity who fails to
6file a return, pay the tax, penalty, or interest shown in a
7filed return, or pay any final assessment of tax, penalty, or
8interest, as required by any tax Act administered by the
9Department of Revenue, until the time the requirements of the
10tax Act are satisfied. The Commission may take into
11consideration any pending tax disputes properly filed with the
12Department of Revenue.
13(Source: P.A. 97-576, eff. 7-1-12.)
 
14    (225 ILCS 422/85)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 85. Consideration of past crimes.
17    (a) The Commission shall not require the applicant to
18report the following information and shall not consider the
19following criminal history records in connection with an
20application for a license or permit under this Act:
21        (1) Juvenile adjudications of delinquent minors as
22    defined in Section 5-105 of the Juvenile Court Act of 1987,
23    subject to the restrictions set forth in Section 5-130 of
24    the Juvenile Court Act of 1987.
25        (2) Law enforcement records, court records, and

 

 

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1    conviction records of an individual who was 17 years old at
2    the time of the offense and before January 1, 2014, unless
3    the nature of the offense required the individual to be
4    tried as an adult.
5        (3) Records of arrest not followed by a conviction.
6        (4) Convictions overturned by a higher court.
7        (5) Convictions or arrests that have been sealed or
8    expunged.
9    (b) When (a) Notwithstanding the prohibitions set forth in
10Sections 40 and 45 of this Act, when considering the denial of
11a license or recovery permit on the grounds of conviction of a
12crime, the Commission, in evaluating the rehabilitation of the
13applicant and the applicant's present eligibility for a license
14or recovery permit, shall consider each of the following
15criteria:
16        (1) The lack of direct relation of the offense for
17    which the applicant was previously convicted to the duties,
18    functions, and responsibilities of the position for which a
19    license is sought. The nature and severity of the act or
20    crime under consideration as grounds for denial.
21        (2) Circumstances relative to the offense, including
22    the applicant's age at the time that the offense was
23    committed.
24        (3) (2) Evidence of any act committed subsequent to the
25    act or crime under consideration as grounds for denial,
26    which also could be considered as grounds for disciplinary

 

 

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1    action under this Act.
2        (4) (3) The amount of time that has lapsed since the
3    commission of the act or crime referred to in item (1) or
4    (2) of this subsection (a).
5        (5) Successful completion of sentence or for
6    applicants serving a term of parole or probation, a
7    progress report provided by the applicant's probation or
8    parole officer that documents the applicant's compliance
9    with conditions of supervision. (4) The extent to which the
10    applicant has complied with any terms of parole, probation,
11    restitution, or any other sanctions lawfully imposed
12    against the applicant.
13        (6) If the applicant was previously licensed or
14    employed in this State or other state or jurisdictions,
15    then the lack of prior misconduct arising from or related
16    to the licensed position or position of employment. (5)
17    Evidence, if any, of rehabilitation submitted by the
18    applicant.
19        (7) Evidence of rehabilitation or rehabilitative
20    effort during or after incarceration, or during or after a
21    term of supervision, including, but not limited to, a
22    certificate of good conduct under Section 5-5.5-25 of the
23    Unified Code of Corrections or a certificate of relief from
24    disabilities under Section 5-5.5-10 of the Unified Code of
25    Corrections.
26        (8) Any other mitigating factors that contribute to the

 

 

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1    person's potential and current ability to perform the
2    duties and responsibilities of practices licensed or
3    registered under this Act.
4    (c) (b) When considering the suspension or revocation of a
5license or recovery permit on the grounds of conviction of a
6crime, the Commission, in evaluating the rehabilitation of the
7applicant and the applicant's present eligibility for a license
8or recovery permit, shall consider each of the following
9criteria:
10        (1) The nature and severity of the act or offense.
11        (2) The license holder's or recovery permit holder's
12    criminal record in its entirety.
13        (3) The amount of time that has lapsed since the
14    commission of the act or offense.
15        (4) Whether the license holder or recovery permit
16    holder has complied with any terms of parole, probation,
17    restitution, or any other sanctions lawfully imposed
18    against him or her.
19        (5) If applicable, evidence of expungement
20    proceedings.
21        (6) Evidence, if any, of rehabilitation submitted by
22    the license holder or recovery permit holder.
23    (d) It is the affirmative obligation of the Commission to
24demonstrate that a prior conviction would impair the ability of
25the applicant to engage in the licensed or registered practice.
26If the Commission refuses to grant a license or permit to an

 

 

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1applicant, then the Commission shall notify the applicant of
2the denial in writing with the following included in the notice
3of denial:
4        (1) a statement about the decision to refuse to grant a
5    license or permit;
6        (2) a list of the conviction items that formed the sole
7    or partial basis for the refusal to grant a license or
8    permit;
9        (3) a list of the mitigating evidence presented by the
10    applicant;
11        (4) reasons for refusing to grant a license or permit
12    specific to the evidence presented in mitigation of
13    conviction items that formed the partial or sole basis for
14    the Commission's decision; and
15        (5) a summary of the appeal process or the earliest the
16    applicant may reapply for a license or permit, whichever is
17    applicable.
18    (e) No later than May 1 of each year, the Commission must
19prepare, publicly announce, and publish a report of summary
20statistical information relating to new and renewal license or
21permit applications during the preceding calendar year. Each
22report shall show, at a minimum:
23        (1) the number of applicants for a new or renewal
24    license or permit under this Act within the previous
25    calendar year;
26        (2) the number of applicants for a new or renewal

 

 

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1    license or permit under this Act within the previous
2    calendar year who had any criminal conviction;
3        (3) the number of applicants for a new or renewal
4    license or permit under this Act in the previous calendar
5    year who were granted a license or permit;
6        (4) the number of applicants for a new or renewal
7    license or permit with a criminal conviction who were
8    granted a license or permit under this Act within the
9    previous calendar year;
10        (5) the number of applicants for a new or renewal
11    license or permit under this Act within the previous
12    calendar year who were denied a license or permit;
13        (6) the number of applicants for a new or renewal
14    license or permit with a criminal conviction who were
15    denied a license or permit under this Act in the previous
16    calendar year in whole or in part because of a prior
17    conviction;
18        (7) the number of probationary licenses without
19    monitoring issued under this Act in the previous calendar
20    year to applicants with a criminal conviction; and
21        (8) the number of probationary licenses with
22    monitoring issued under this Act in the previous calendar
23    year to applicants with a criminal conviction.
24(Source: P.A. 97-576, eff. 7-1-12.)
 
25    Section 105. The Community Association Manager Licensing

 

 

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1and Disciplinary Act is amended by changing Section 85 and by
2adding Section 43 as follows:
 
3    (225 ILCS 427/43 new)
4    Sec. 43. Applicant convictions.
5    (a) The Department shall not require the applicant to
6report the following information and shall not consider the
7following criminal history records in connection with an
8application for a license under this Act:
9        (1) Juvenile adjudications of delinquent minors as
10    defined in Section 5-105 of the Juvenile Court Act of 1987,
11    subject to the restrictions set forth in Section 5-130 of
12    the Juvenile Court Act of 1987.
13        (2) Law enforcement records, court records, and
14    conviction records of an individual who was 17 years old at
15    the time of the offense and before January 1, 2014, unless
16    the nature of the offense required the individual to be
17    tried as an adult.
18        (3) Records of arrest not followed by a conviction
19    unless related to the practice of the profession. However,
20    applicants shall not be asked to report any arrests, and,
21    an arrest not followed by a conviction shall not be the
22    basis of a denial and may be used only to assess an
23    applicant's rehabilitation.
24        (4) Convictions overturned by a higher court.
25        (5) Convictions or arrests that have been sealed or

 

 

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1    expunged.
2    (b) When determining whether to grant a license to an
3applicant with a prior conviction of a felony or of a
4misdemeanor directly related to the practice of the profession,
5the Department shall consider any evidence of rehabilitation
6and mitigating factors contained in the applicant's record,
7including any of the following:
8        (1) the lack of direct relation of the offense for
9    which the applicant was previously convicted to the duties,
10    functions, and responsibilities of the position for which a
11    license is sought;
12        (2) whether 5 years since a felony conviction or 3
13    years since release from confinement for the conviction,
14    whichever is later, have passed without a subsequent
15    conviction;
16        (3) if the applicant was previously licensed or
17    employed in this State or other state or jurisdictions,
18    then the lack of prior misconduct arising from or related
19    to the licensed position or position of employment;
20        (4) the age of the person at the time of the criminal
21    offense;
22        (5) successful completion of sentence and, for
23    applicants serving a term of parole or probation, a
24    progress report provided by the applicant's probation or
25    parole officer that documents the applicant's compliance
26    with conditions of supervision;

 

 

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1        (6) evidence of the applicant's present fitness and
2    professional character;
3        (7) evidence of rehabilitation or rehabilitative
4    effort during or after incarceration, or during or after a
5    term of supervision, including, but not limited to, a
6    certificate of good conduct under Section 5-5.5-25 of the
7    Unified Code of Corrections or a certificate of relief from
8    disabilities under Section 5-5.5-10 of the Unified Code of
9    Corrections; and
10        (8) any other mitigating factors that contribute to the
11    person's potential and current ability to perform the
12    duties and responsibilities of the position for which a
13    license or employment is sought.
14    (c) It is the affirmative obligation of the Department to
15demonstrate that a prior conviction would impair the ability of
16the applicant to engage in the practice requiring a license. If
17the Department refuses to grant a license to an applicant, then
18the Department shall notify the applicant of the denial in
19writing with the following included in the notice of denial:
20        (1) a statement about the decision to refuse to issue a
21    license;
22        (2) a list of the convictions that formed the sole or
23    partial basis for the refusal to issue a license;
24        (3) a list of the mitigating evidence presented by the
25    applicant;
26        (4) reasons for refusing to issue a license specific to

 

 

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1    the evidence presented in mitigation of conviction items
2    that formed the partial or sole basis for the Department's
3    decision; and
4        (5) a summary of the appeal process or the earliest the
5    applicant may reapply for a license, whichever is
6    applicable.
7    (d) No later than May 1 of each year, the Department must
8prepare, publicly announce, and publish a report of summary
9statistical information relating to new and renewal license
10applications during the preceding calendar year. Each report
11shall show, at a minimum:
12        (1) the number of applicants for a new or renewal
13    license under this Act within the previous calendar year;
14        (2) the number of applicants for a new or renewal
15    license under this Act within the previous calendar year
16    who had any criminal conviction;
17        (3) the number of applicants for a new or renewal
18    license under this Act in the previous calendar year who
19    were granted a license;
20        (4) the number of applicants for a new or renewal
21    license with a criminal conviction who were granted a
22    license under this Act within the previous calendar year;
23        (5) the number of applicants for a new or renewal
24    license under this Act within the previous calendar year
25    who were denied a license;
26        (6) the number of applicants for a new or renewal

 

 

10000HB3822ham001- 202 -LRB100 08546 SMS 22484 a

1    license with a criminal conviction who were denied a
2    license under this Act in the previous calendar year in
3    part or in whole because of a prior conviction;
4        (7) the number of probationary licenses without
5    monitoring issued under this Act in the previous calendar
6    year to applicants with a criminal conviction; and
7        (8) the number of probationary licenses with
8    monitoring issued under this Act in the previous calendar
9    year to applicants with a criminal conviction.
 
10    (225 ILCS 427/85)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 85. Grounds for discipline; refusal, revocation, or
13suspension.
14    (a) The Department may refuse to issue or renew a license,
15or may place on probation, reprimand, suspend, or revoke any
16license, or take any other disciplinary or non-disciplinary
17action as the Department may deem proper and impose a fine not
18to exceed $10,000 for each violation upon any licensee or
19applicant under this Act or any person or entity who holds
20himself, herself, or itself out as an applicant or licensee for
21any one or combination of the following causes:
22        (1) Material misstatement in furnishing information to
23    the Department.
24        (2) Violations of this Act or its rules.
25        (3) For licensees, conviction Conviction of or entry of

 

 

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1    a plea of guilty or plea of nolo contendere to a felony or
2    a misdemeanor under the laws of the United States, any
3    state, or any other jurisdiction or entry of an
4    administrative sanction by a government agency in this
5    State or any other jurisdiction. Action taken under this
6    paragraph (3) for a misdemeanor or an administrative
7    sanction is limited to a misdemeanor or administrative
8    sanction that has as an essential element dishonesty or
9    fraud, that involves larceny, embezzlement, or obtaining
10    money, property, or credit by false pretenses or by means
11    of a confidence game, or that is directly related to the
12    practice of the profession; for applicants, the provisions
13    of Section 43 apply.
14        (4) Making any misrepresentation for the purpose of
15    obtaining a license or violating any provision of this Act
16    or its rules.
17        (5) Professional incompetence.
18        (6) Gross negligence.
19        (7) Aiding or assisting another person in violating any
20    provision of this Act or its rules.
21        (8) Failing, within 30 days, to provide information in
22    response to a request made by the Department.
23        (9) Engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,
25    defraud or harm the public as defined by the rules of the
26    Department, or violating the rules of professional conduct

 

 

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1    adopted by the Department.
2        (10) Habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that results in the inability to practice with reasonable
5    judgment, skill, or safety.
6        (11) Having been disciplined by another state, the
7    District of Columbia, a territory, a foreign nation, or a
8    governmental agency authorized to impose discipline if at
9    least one of the grounds for the discipline is the same or
10    substantially equivalent of one of the grounds for which a
11    licensee may be disciplined under this Act. A certified
12    copy of the record of the action by the other state or
13    jurisdiction shall be prima facie evidence thereof.
14        (12) Directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership or association
16    any fee, commission, rebate, or other form of compensation
17    for any professional services not actually or personally
18    rendered.
19        (13) A finding by the Department that the licensee,
20    after having his, her, or its license placed on
21    probationary status, has violated the terms of probation.
22        (14) Willfully making or filing false records or
23    reports relating to a licensee's practice, including but
24    not limited to false records filed with any State or
25    federal agencies or departments.
26        (15) Being named as a perpetrator in an indicated

 

 

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1    report by the Department of Children and Family Services
2    under the Abused and Neglected Child Reporting Act and upon
3    proof by clear and convincing evidence that the licensee
4    has caused a child to be an abused child or neglected child
5    as defined in the Abused and Neglected Child Reporting Act.
6        (16) Physical illness or mental illness or impairment,
7    including, but not limited to, deterioration through the
8    aging process or loss of motor skill that results in the
9    inability to practice the profession with reasonable
10    judgment, skill, or safety.
11        (17) Solicitation of professional services by using
12    false or misleading advertising.
13        (18) A finding that licensure has been applied for or
14    obtained by fraudulent means.
15        (19) Practicing or attempting to practice under a name
16    other than the full name as shown on the license or any
17    other legally authorized name.
18        (20) Gross overcharging for professional services
19    including, but not limited to, (i) collection of fees or
20    moneys for services that are not rendered; and (ii)
21    charging for services that are not in accordance with the
22    contract between the licensee and the community
23    association.
24        (21) Improper commingling of personal and client funds
25    in violation of this Act or any rules promulgated thereto.
26        (22) Failing to account for or remit any moneys or

 

 

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1    documents coming into the licensee's possession that
2    belong to another person or entity.
3        (23) Giving differential treatment to a person that is
4    to that person's detriment because of race, color, creed,
5    sex, religion, or national origin.
6        (24) Performing and charging for services without
7    reasonable authorization to do so from the person or entity
8    for whom service is being provided.
9        (25) Failing to make available to the Department, upon
10    request, any books, records, or forms required by this Act.
11        (26) Purporting to be a supervising community
12    association manager of a firm without active participation
13    in the firm.
14        (27) Failing to make available to the Department at the
15    time of the request any indicia of licensure or
16    registration issued under this Act.
17        (28) Failing to maintain and deposit funds belonging to
18    a community association in accordance with subsection (b)
19    of Section 55 of this Act.
20        (29) Violating the terms of a disciplinary order issued
21    by the Department.
22    (b) In accordance with subdivision (a)(5) of Section
232105-15 of the Department of Professional Regulation Law of the
24Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
25the Department shall deny a license or renewal authorized by
26this Act to a person who has defaulted on an educational loan