Illinois General Assembly - Bill Status for HB5973

Amends the Funeral Directors and Embalmers Licensing Code, the Illinois Roofing Industry Licensing Act, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, the Illinois Public Accounting Act, and the Real Estate License Act of 2000. Allows the Department of Financial and Professional Regulation to consider an applicant's prior conviction or convictions, but provides that the conviction or convictions may not be the sole basis for refusing to issue a license unless the crime substantially and directly relates to the occupation for which the license is sought. Requires that if the conviction is used as a basis for rejection, the rejection must be in writing and specifically state the evidence presented and reasons for rejection, which must be substantially and directly related to the licensed activity. Provides specific considerations the Department must use in making its decision for rejection. Provides what the Department shall use as evidence of rehabilitation so that all license rights and privileges granted under the Act, under consideration for issuance or formerly revoked or suspended because of conviction of an offense, are automatically restored unless the Department finds that restoration is not in the public interest. Requires that the Department not consider non-conviction records, convictions that did not result in incarceration, or convictions unrelated to the capacity to serve the public. In provisions concerning grounds for discipline, makes changes concerning disqualifying criminal penalties and delinquent child support.

Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that with respect to licensees and applicants under specified occupational Acts, the Department of Financial and Professional Regulation shall include formal complaints, including a refusal to issue a potential licensee with a positive conviction history for professions covered by the license, in its publication of disciplinary actions. Provides that the publication of disciplinary actions shall include a summary of the number of potential licensees with a positive conviction history, the rate of refusal to issue licenses for all applicants with a positive conviction history, the average time elapsed since the latest conviction of potential licensees who were refused a license and of potential licensees with a positive conviction history who were issued a license, the number of potential licensees who had a Certificate of Relief from Disabilities, and the number of potential licensees with a Certificate of Relief from Disabilities who were refused a license. In provisions amending the Funeral Directors and Embalmers Licensing Code, makes changes concerning grounds for disciplinary actions. Provides that the Department shall not deny a license to a potential licensee whose conviction history is directly related to the profession for which a license is sought if the Department has not considered mitigating factors provided in the Act. Provides that when issuing a license, the Department may not consider a prior conviction or conviction alone as the sole basis for refusing to issue a license unless the crime for which he or she was convicted directly (rather than substantially and directly) relates to the occupation or which the license is sought. Removes a potential licensee that the Department of Healthcare and Family Services has previously determined is more than 30 days delinquent in the payment of child support as an individual the Department of Financial and Professional Regulation may refuse to renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services. Provides that the Department of Financial and Professional Regulation may not refuse to issue a license to a potential licensee who is an obligor because the obligor's child support arrearage equals or exceeds the amount of child support payable for 12 (rather than 6) months. Makes similar changes for licenses issued under the Illinois Roofing Industry Licensing Act, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, the Illinois Public Accounting Act, and the Real Estate License Act of 2000. Makes other changes.

In provisions amending the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, removes references to the Illinois Public Accounting Act and the Real Estate License Act of 2000. Removes provisions amending the Illinois Public Accounting Act and the Real Estate License Act of 2000.

Replaces everything after the enacting clause. Amends the Funeral Directors and Embalmers Licensing Code, the Illinois Roofing Industry Licensing Act, and the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that when reviewing a conviction, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant for a license under the Acts, the Department of Financial and Professional Regulation may only deny a license based upon consideration of specified mitigating factors for specified felonies directly related to the practice of funeral directing and embalming, roofing contracting, or cosmetology, esthetics, hair braiding, nail technology, or barbering. Provides that the Department shall issue an annual report by January 31, 2018 and January 31 each year thereafter indicating specific information on applicants within the preceding calendar year. Makes other changes. Effective January 1, 2017.

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