Bill Text: IL SB0232 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Energy Conservation and Coal Development Act. Makes a technical change in a Section concerning the evaluation of loan applications.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-08-25 - Public Act . . . . . . . . . 98-1047 [SB0232 Detail]

Download: Illinois-2013-SB0232-Amended.html

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Sen. William R. Haine

Filed: 5/14/2014

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AMENDMENT TO SENATE BILL 232
AMENDMENT NO. ______. Amend Senate Bill 232 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
adding Sections 2105-130 and 2105-135 as follows:
(20 ILCS 2105/2105-130 new)
Sec. 2105-130. Determination of disciplinary sanctions.
(a) Following disciplinary proceedings as authorized in
any licensing Act administered by the Department, upon a
finding by the Department that a person has committed a
violation of the licensing Act with regard to licenses,
certificates, or authorities of persons exercising the
respective professions, trades, or occupations, the Department
may revoke, suspend, refuse to renew, place on probationary
status, fine, or take any other disciplinary action as

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authorized in the licensing Act with regard to those licenses,
certificates, or authorities. When making a determination of
the appropriate disciplinary sanction to be imposed, the
Department shall consider only evidence contained in the
record. The Department shall consider any aggravating or
mitigating factors contained in the record when determining the
appropriate disciplinary sanction to be imposed.
(b) When making a determination of the appropriate
disciplinary sanction to be imposed, the Department shall
consider, but is not limited to, the following aggravating
factors contained in the record:
(1) the seriousness of the offenses;
(2) the presence of multiple offenses;
(3) prior disciplinary history, including actions
taken by other agencies in this State, by other states or
jurisdictions, hospitals, health care facilities,
residency programs, employers, or professional liability
insurance companies or by any of the armed forces of the
United States or any state;
(4) the impact of the offenses on any injured party;
(5) the vulnerability of any injured party, including,
but not limited to, consideration of the injured party's
age, disability, or mental illness;
(6) the motive for the offenses;
(7) the lack of contrition for the offenses;
(8) financial gain as a result of committing the

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offenses; and
(9) the lack of cooperation with the Department or
other investigative authorities.
(c) When making a determination of the appropriate
disciplinary sanction to be imposed, the Department shall
consider, but is not limited to, the following mitigating
factors contained in the record:
(1) the lack of prior disciplinary action by the
Department or by other agencies in this State, by other
states or jurisdictions, hospitals, health care
facilities, residency programs, employers, insurance
providers, or by any of the armed forces of the United
States or any state;
(2) contrition for the offenses;
(3) cooperation with the Department or other
investigative authorities;
(4) restitution to injured parties;
(5) whether the misconduct was self-reported; and
(6) any voluntary remedial actions taken.
(20 ILCS 2105/2105-135 new)
Sec. 2105-135. Qualification for licensure or
registration; good moral character. The practice of
professions licensed or registered by the Department is hereby
declared to affect the public health, safety, and welfare and
to be subject to regulation and control in the public interest.

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It is further declared to be a matter of public interest and
concern that persons who are licensed or registered to engage
in any of the professions licensed or registered by the
Department are of good moral character, which shall be a
continuing requirement of licensure or registration so as to
merit and receive the confidence and trust of the public. Upon
a finding by the Department that a person has committed a
violation of the disciplinary grounds of any licensing Act
administered by the Department with regard to licenses,
certificates, or authorities of persons exercising the
respective professions, trades, or occupations, the Department
is authorized to revoke, suspend, refuse to renew, place on
probationary status, fine, or take any other disciplinary
action it deems warranted against any licensee or registrant
whose conduct violates the continuing requirement of good moral
character.".