Bill Text: IL SB1688 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to consider certain mitigating factors and evidence of rehabilitation for certain applicants of licenses, certificates, and registrations. Requires the Department, upon denial of a license, certificate, or registration, to provide the applicant certain information concerning the denial. Provides that no application for licensure or registration shall be denied by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the applicant has one or more previous convictions. Provides that the Department shall not require applicants to report certain criminal history information and the Department shall not consider the information. Provides that on May 1 of each year, the Department shall prepare, publicly announce, and publish certain statistical information. Amends the Criminal Identification Act. Includes applications for license, certification, and registration that must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and entities authorized to grant professional licenses, certifications, and registrations that may not ask if an applicant has had records expunged or sealed. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, except specified health care worker licenses. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0286 [SB1688 Detail]

Download: Illinois-2017-SB1688-Chaptered.html



Public Act 100-0286
SB1688 EnrolledLRB100 08713 SMS 18849 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Sections 2105-130, 2105-135, 2105-205, and 2105-207
and by adding Section 2105-131 as follows:
(20 ILCS 2105/2105-130)
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
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 on a licensee, 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
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 on a licensee, 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.
(Source: P.A. 98-1047, eff. 1-1-15.)
(20 ILCS 2105/2105-131 new)
Sec. 2105-131. Applicants with criminal convictions;
notice of denial.
(a) Except as provided in Section 2105-165 of this Act
regarding licensing restrictions based on enumerated offenses
for health care workers as defined in the Health Care Worker
Self-Referral Act and except as provided in any licensing Act
administered by the Department in which convictions of certain
enumerated offenses are a bar to licensure, the Department,
upon a finding that an applicant for a license, certificate, or
registration was previously convicted of a felony or
misdemeanor that may be grounds for refusing to issue a license
or certificate or granting registration, shall consider any
mitigating factors and evidence of rehabilitation contained in
the applicant's record, including any of the following, to
determine whether a prior conviction will impair the ability of
the applicant to engage in the practice for which a license,
certificate, or registration is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) unless otherwise specified, whether 5 years since a
felony conviction or 3 years since release from confinement
for the conviction, whichever is later, have passed without
a subsequent conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
the lack of prior misconduct arising from or related to the
licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(4.5) if, due to the applicant's criminal conviction
history, the applicant would be explicitly prohibited by
federal rules or regulations from working in the position
for which a license is sought;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the job
duties.
(b) If the Department refuses to issue a license or
certificate or grant registration to an applicant based upon a
conviction or convictions, in whole or in part, the Department
shall notify the applicant of the denial in writing with the
following included in the notice of denial:
(1) a statement about the decision to refuse to grant a
license, certificate, or registration;
(2) a list of convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license, registration, or
certificate is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license or
certificate or grant registration; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, certificate, or
registration, whichever is applicable.
(20 ILCS 2105/2105-135)
Sec. 2105-135. Qualification for licensure or
registration; good moral character; applicant conviction
records.
(a) 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. 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.
(b) No application for licensure or registration shall be
denied by reason of a finding of lack of good moral character
when the finding is based solely upon the fact that the
applicant has previously been convicted of one or more criminal
offenses. When reviewing a prior conviction of an initial
applicant for the purpose of determining good moral character,
the Department shall consider evidence of rehabilitation and
mitigating factors in the applicant's record, including those
set forth in subsection (a) of Section 2105-131 of this Act.
(c) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure or registration:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult;
(3) records of arrest not followed by a charge or
conviction;
(4) records of arrest where the charges were dismissed
unless related to the practice of the profession; however,
applicants shall not be asked to report any arrests, and an
arrest not followed by a conviction shall not be the basis
of a denial and may be used only to assess an applicant's
rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(Source: P.A. 98-1047, eff. 1-1-15.)
(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
Sec. 2105-205. Publication of disciplinary actions; annual
report.
(a) The Department shall publish on its website, at least
monthly, final disciplinary actions taken by the Department
against a licensee or applicant pursuant to any licensing Act
administered by the Department. The specific disciplinary
action and the name of the applicant or licensee shall be
listed.
(b) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new license,
certification, or registration applications during the
preceding calendar year. Each report shall show at minimum:
(1) the number of applicants for each new license,
certificate, or registration administered by the
Department in the previous calendar year;
(2) the number of applicants for a new license,
certificate, or registration within the previous calendar
year who had any criminal conviction;
(3) the number of applicants for a new license,
certificate, or registration in the previous calendar year
who were granted a license, registration, or certificate;
(4) the number of applicants for a new license,
certificate, or registration within the previous calendar
year with a criminal conviction who were granted a license,
certificate, or registration in the previous calendar
year;
(5) the number of applicants for a new license,
certificate, or registration in the previous calendar year
who were denied a license, registration, or certificate;
(6) the number of applicants for new license,
certificate, or registration in the previous calendar year
with a criminal conviction who were denied a license,
certificate, or registration in part or in whole because of
such conviction;
(7) the number of licenses issued on probation within
the previous calendar year to applicants with a criminal
conviction; and
(8) the number of licensees or certificate holders who
were granted expungement for a record of discipline based
on a conviction predating licensure, certification, or
registration or a criminal charge, arrest, or conviction
that was dismissed, sealed, or expunged or did not arise
from the regulated activity, as a share of the total such
expungement requests.
(Source: P.A. 99-227, eff. 8-3-15.)
(20 ILCS 2105/2105-207)
Sec. 2105-207. Records of Department actions.
(a) Any licensee subject to a licensing Act administered by
the Division of Professional Regulation and who has been
subject to disciplinary action by the Department may file an
application with the Department on forms provided by the
Department, along with the required fee of $175 $200, to have
the records classified as confidential, not for public release,
and considered expunged for reporting purposes if:
(1) the application is submitted more than 3 7 years
after the disciplinary offense or offenses occurred or
after restoration of the license, whichever is later;
(2) the licensee has had no incidents of discipline
under the licensing Act since the disciplinary offense or
offenses identified in the application occurred;
(3) the Department has no pending investigations
against the licensee; and
(4) the licensee is not currently in a disciplinary
status.
(b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
(1) failure to pay taxes or student loans;
(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
registration or ancillary license;
(5) advertising; or
(5.1) discipline based on criminal charges or
convictions:
(A) that did not arise from the licensed activity
and was unrelated to the licensed activity; or
(B) that were dismissed or for which records have
been sealed or expunged.
(5.2) past probationary status of a license issued to
new applicants on the sole or partial basis of prior
convictions; or
(6) any grounds for discipline removed from the
licensing Act.
(c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable
fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.
(Source: P.A. 98-816, eff. 8-1-14.)
Section 10. The Criminal Identification Act is amended by
changing Section 12 as follows:
(20 ILCS 2630/12)
Sec. 12. Entry of order; effect of expungement or sealing
records.
(a) Except with respect to law enforcement agencies, the
Department of Corrections, State's Attorneys, or other
prosecutors, and as provided in Section 13 of this Act, an
expunged or sealed record may not be considered by any private
or public entity in employment matters, certification,
licensing, revocation of certification or licensure, or
registration. Applications for employment must contain
specific language which states that the applicant is not
obligated to disclose sealed or expunged records of conviction
or arrest. The entity authorized to grant a license,
certification, or registration shall include in an application
for licensure, certification, or registration specific
language stating that the applicant is not obligated to
disclose sealed or expunged records of a conviction or arrest;
however, if the inclusion of that language in an application
for licensure, certification, or registration is not
practical, the entity shall publish on its website instructions
specifying that applicants are not obligated to disclose sealed
or expunged records of a conviction or arrest. Employers may
not ask if an applicant has had records expunged or sealed.
(b) A person whose records have been sealed or expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of the sealing or expungement. This
amendatory Act of the 93rd General Assembly does not affect the
right of the victim of a crime to prosecute or defend a civil
action for damages. Persons engaged in civil litigation
involving criminal records that have been sealed may petition
the court to open the records for the limited purpose of using
them in the course of litigation.
(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
Section 15. The Cigarette Tax Act is amended by changing
Sections 4, 4b, and 4c and by adding Section 4i as follows:
(35 ILCS 130/4) (from Ch. 120, par. 453.4)
Sec. 4. Distributor's license. No person may engage in
business as a distributor of cigarettes in this State within
the meaning of the first 2 definitions of distributor in
Section 1 of this Act without first having obtained a license
therefor from the Department. Application for license shall be
made to the Department in form as furnished and prescribed by
the Department. Each applicant for a license under this Section
shall furnish to the Department on the form signed and verified
by the applicant under penalty of perjury the following
information:
(a) The name and address of the applicant;
(b) The address of the location at which the applicant
proposes to engage in business as a distributor of
cigarettes in this State;
(c) Such other additional information as the
Department may lawfully require by its rules and
regulations.
The annual license fee payable to the Department for each
distributor's license shall be $250. The purpose of such annual
license fee is to defray the cost, to the Department, of
serializing cigarette tax stamps. Each applicant for license
shall pay such fee to the Department at the time of submitting
his application for license to the Department.
Every applicant who is required to procure a distributor's
license shall file with his application a joint and several
bond. Such bond shall be executed to the Department of Revenue,
with good and sufficient surety or sureties residing or
licensed to do business within the State of Illinois, in the
amount of $2,500, conditioned upon the true and faithful
compliance by the licensee with all of the provisions of this
Act. Such bond, or a reissue thereof, or a substitute therefor,
shall be kept in effect during the entire period covered by the
license. A separate application for license shall be made, a
separate annual license fee paid, and a separate bond filed,
for each place of business at which a person who is required to
procure a distributor's license under this Section proposes to
engage in business as a distributor in Illinois under this Act.
The following are ineligible to receive a distributor's
license under this Act:
(1) a person who is not of good character and
reputation in the community in which he resides; the
Department may consider past conviction of a felony but
the conviction shall not operate as an absolute bar to
licensure;
(2) a person who has been convicted of a felony
under any Federal or State law, if the Department,
after investigation and a hearing and consideration of
mitigating factors and evidence of rehabilitation
contained in the applicant's record, including those
in Section 4i , if requested by the applicant,
determines that such person has not been sufficiently
rehabilitated to warrant the public trust and the
conviction will impair the ability of the person to
engage in the position for which a license is sought;
(3) a corporation, if any officer, manager or
director thereof, or any stockholder or stockholders
owning in the aggregate more than 5% of the stock of
such corporation, would not be eligible to receive a
license under this Act for any reason;
(4) a person, or any person who owns more than 15
percent of the ownership interests in a person or a
related party who:
(a) owes, at the time of application, any
delinquent cigarette taxes that have been
determined by law to be due and unpaid, unless the
license applicant has entered into an agreement
approved by the Department to pay the amount due;
(b) had a license under this Act revoked within
the past two years by the Department for misconduct
relating to stolen or contraband cigarettes or has
been convicted of a State or federal crime,
punishable by imprisonment of one year or more,
relating to stolen or contraband cigarettes;
(c) manufactures cigarettes, whether in this
State or out of this State, and who is neither (i)
a participating manufacturer as defined in
subsection II(jj) of the "Master Settlement
Agreement" as defined in Sections 10 of the Tobacco
Products Manufacturers' Escrow Act and the Tobacco
Products Manufacturers' Escrow Enforcement Act of
2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii)
in full compliance with Tobacco Products
Manufacturers' Escrow Act and the Tobacco Products
Manufacturers' Escrow Enforcement Act of 2003 (30
ILCS 168/ and 30 ILCS 167/);
(d) has been found by the Department, after
notice and a hearing, to have imported or caused to
be imported into the United States for sale or
distribution any cigarette in violation of 19
U.S.C. 1681a;
(e) has been found by the Department, after
notice and a hearing, to have imported or caused to
be imported into the United States for sale or
distribution or manufactured for sale or
distribution in the United States any cigarette
that does not fully comply with the Federal
Cigarette Labeling and Advertising Act (15 U.S.C.
1331, et seq.); or
(f) has been found by the Department, after
notice and a hearing, to have made a material false
statement in the application or has failed to
produce records required to be maintained by this
Act.
The Department, upon receipt of an application, license fee
and bond in proper form, from a person who is eligible to
receive a distributor's license under this Act, shall issue to
such applicant a license in form as prescribed by the
Department, which license shall permit the applicant to which
it is issued to engage in business as a distributor at the
place shown in his application. All licenses issued by the
Department under this Act shall be valid for not to exceed one
year after issuance unless sooner revoked, canceled or
suspended as provided in this Act. No license issued under this
Act is transferable or assignable. Such license shall be
conspicuously displayed in the place of business conducted by
the licensee in Illinois under such license. No distributor
licensee acquires any vested interest or compensable property
right in a license issued under this Act.
A licensed distributor shall notify the Department of any
change in the information contained on the application form,
including any change in ownership and shall do so within 30
days after any such change.
Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of the
decision, protest and request a hearing. Upon receiving a
request for a hearing, the Department shall give notice to the
person requesting the hearing of the time and place fixed for
the hearing and shall hold a hearing in conformity with the
provisions of this Act and then issue its final administrative
decision in the matter to that person. In the absence of a
protest and request for a hearing within 20 days, the
Department's decision shall become final without any further
determination being made or notice given.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
(35 ILCS 130/4b) (from Ch. 120, par. 453.4b)
Sec. 4b. (a) The Department may, in its discretion, upon
application, issue permits authorizing the payment of the tax
herein imposed by out-of-State cigarette manufacturers who are
not required to be licensed as distributors of cigarettes in
this State, but who elect to qualify under this Act as
distributors of cigarettes in this State, and who, to the
satisfaction of the Department, furnish adequate security to
insure payment of the tax, provided that any such permit shall
extend only to cigarettes which such permittee manufacturer
places in original packages that are contained inside a sealed
transparent wrapper. Such permits shall be issued without
charge in such form as the Department may prescribe and shall
not be transferable or assignable.
The following are ineligible to receive a distributor's
permit under this subsection:
(1) a person who is not of good character and
reputation in the community in which he resides; the
Department may consider past conviction of a felony but the
conviction shall not operate as an absolute bar to
receiving a permit;
(2) a person who has been convicted of a felony under
any Federal or State law, if the Department, after
investigation and a hearing and consideration of
mitigating factors and evidence of rehabilitation
contained in the applicant's record, including those in
Section 4i of this Act, if requested by the applicant,
determines that such person has not been sufficiently
rehabilitated to warrant the public trust and the
conviction will impair the ability of the person to engage
in the position for which a permit is sought;
(3) a corporation, if any officer, manager or director
thereof, or any stockholder or stockholders owning in the
aggregate more than 5% of the stock of such corporation,
would not be eligible to receive a permit under this Act
for any reason.
With respect to cigarettes which come within the scope of
such a permit and which any such permittee delivers or causes
to be delivered in Illinois to licensed distributors, such
permittee shall remit the tax imposed by this Act at the times
provided for in Section 3 of this Act. Each such remittance
shall be accompanied by a return filed with the Department on a
form to be prescribed and furnished by the Department and shall
disclose such information as the Department may lawfully
require. The Department may promulgate rules to require that
the permittee's return be accompanied by appropriate
computer-generated magnetic media supporting schedule data in
the format prescribed by the Department, unless, as provided by
rule, the Department grants an exception upon petition of the
permittee. Each such return shall be accompanied by a copy of
each invoice rendered by the permittee to any licensed
distributor to whom the permittee delivered cigarettes of the
type covered by the permit (or caused cigarettes of the type
covered by the permit to be delivered) in Illinois during the
period covered by such return.
Such permit may be suspended, canceled or revoked when, at
any time, the Department considers that the security given is
inadequate, or that such tax can more effectively be collected
from distributors located in this State, or whenever the
permittee violates any provision of this Act or any lawful rule
or regulation issued by the Department pursuant to this Act or
is determined to be ineligible for a distributor's permit under
this Act as provided in this Section, whenever the permittee
shall notify the Department in writing of his desire to have
the permit canceled. The Department shall have the power, in
its discretion, to issue a new permit after such suspension,
cancellation or revocation, except when the person who would
receive the permit is ineligible to receive a distributor's
permit under this Act.
All permits issued by the Department under this Act shall
be valid for not to exceed one year after issuance unless
sooner revoked, canceled or suspended as in this Act provided.
(b) Out-of-state cigarette manufacturers who are not
required to be licensed as distributors of cigarettes in this
State and who do not elect to obtain approval under subsection
4b(a) to pay the tax imposed by this Act, but who elect to
qualify under this Act as distributors of cigarettes in this
State for purposes of shipping and delivering unstamped
original packages of cigarettes into this State to licensed
distributors, shall obtain a permit from the Department. These
permits shall be issued without charge in such form as the
Department may prescribe and shall not be transferable or
assignable.
The following are ineligible to receive a distributor's
permit under this subsection:
(1) a person who is not of good character and
reputation in the community in which he or she resides; the
Department may consider past conviction of a felony but the
conviction shall not operate as an absolute bar to
receiving a permit;
(2) a person who has been convicted of a felony under
any federal or State law, if the Department, after
investigation and a hearing and consideration of
mitigating factors and evidence of rehabilitation
contained in the applicant's record, including those set
forth in Section 4i of this Act, if requested by the
applicant, determines that the person has not been
sufficiently rehabilitated to warrant the public trust and
the conviction will impair the ability of the person to
engage in the position for which a permit is sought; and
(3) a corporation, if any officer, manager, or director
thereof, or any stockholder or stockholders owning in the
aggregate more than 5% of the stock of the corporation,
would not be eligible to receive a permit under this Act
for any reason.
With respect to original packages of cigarettes that such
permittee delivers or causes to be delivered in Illinois and
distributes to the public for promotional purposes without
consideration, the permittee shall pay the tax imposed by this
Act by remitting the amount thereof to the Department by the
5th day of each month covering cigarettes shipped or otherwise
delivered in Illinois for those purposes during the preceding
calendar month. The permittee, before delivering those
cigarettes or causing those cigarettes to be delivered in this
State, shall evidence his or her obligation to remit the taxes
due with respect to those cigarettes by imprinting language to
be prescribed by the Department on each original package of
cigarettes, in such place thereon and in such manner also to be
prescribed by the Department. The imprinted language shall
acknowledge the permittee's payment of or liability for the tax
imposed by this Act with respect to the distribution of those
cigarettes.
With respect to cigarettes that the permittee delivers or
causes to be delivered in Illinois to Illinois licensed
distributors or distributed to the public for promotional
purposes, the permittee shall, by the 5th day of each month,
file with the Department, a report covering cigarettes shipped
or otherwise delivered in Illinois to licensed distributors or
distributed to the public for promotional purposes during the
preceding calendar month on a form to be prescribed and
furnished by the Department and shall disclose such other
information as the Department may lawfully require. The
Department may promulgate rules to require that the permittee's
report be accompanied by appropriate computer-generated
magnetic media supporting schedule data in the format
prescribed by the Department, unless, as provided by rule, the
Department grants an exception upon petition of the permittee.
Each such report shall be accompanied by a copy of each invoice
rendered by the permittee to any purchaser to whom the
permittee delivered cigarettes of the type covered by the
permit (or caused cigarettes of the type covered by the permit
to be delivered) in Illinois during the period covered by such
report.
Such permit may be suspended, canceled, or revoked whenever
the permittee violates any provision of this Act or any lawful
rule or regulation issued by the Department pursuant to this
Act, is determined to be ineligible for a distributor's permit
under this Act as provided in this Section, or notifies the
Department in writing of his or her desire to have the permit
canceled. The Department shall have the power, in its
discretion, to issue a new permit after such suspension,
cancellation, or revocation, except when the person who would
receive the permit is ineligible to receive a distributor's
permit under this Act.
All permits issued by the Department under this Act shall
be valid for a period not to exceed one year after issuance
unless sooner revoked, canceled, or suspended as provided in
this Act.
(Source: P.A. 96-782, eff. 1-1-10.)
(35 ILCS 130/4c)
Sec. 4c. Secondary distributor's license. No person may
engage in business as a secondary distributor of cigarettes in
this State without first having obtained a license therefor
from the Department. Application for license shall be made to
the Department on a form as furnished and prescribed by the
Department. Each applicant for a license under this Section
shall furnish the following information to the Department on a
form signed and verified by the applicant under penalty of
perjury:
(1) the name and address of the applicant;
(2) the address of the location at which the applicant
proposes to engage in business as a secondary distributor
of cigarettes in this State; and
(3) such other additional information as the
Department may reasonably require.
The annual license fee payable to the Department for each
secondary distributor's license shall be $250. Each applicant
for a license shall pay such fee to the Department at the time
of submitting an application for license to the Department.
A separate application for license shall be made and
separate annual license fee paid for each place of business at
which a person who is required to procure a secondary
distributor's license under this Section proposes to engage in
business as a secondary distributor in Illinois under this Act.
The following are ineligible to receive a secondary
distributor's license under this Act:
(1) a person who is not of good character and
reputation in the community in which he resides; the
Department may consider past conviction of a felony but the
conviction shall not operate as an absolute bar to
receiving a license;
(2) a person who has been convicted of a felony under
any federal or State law, if the Department, after
investigation and a hearing and consideration of the
mitigating factors provided in subsection (b) of Section 4i
of this Act, if requested by the applicant, determines that
such person has not been sufficiently rehabilitated to
warrant the public trust and the conviction will impair the
ability of the person to engage in the position for which a
license is sought;
(3) a corporation, if any officer, manager, or director
thereof, or any stockholder or stockholders owning in the
aggregate more than 5% of the stock of such corporation,
would not be eligible to receive a license under this Act
for any reason;
(4) a person who manufactures cigarettes, whether in
this State or out of this State;
(5) a person, or any person who owns more than 15% of
the ownership interests in a person or a related party who:
(A) owes, at the time of application, any
delinquent cigarette taxes that have been determined
by law to be due and unpaid, unless the license
applicant has entered into an agreement approved by the
Department to pay the amount due;
(B) had a license under this Act revoked within the
past two years by the Department or has been convicted
of a State or federal crime, punishable by imprisonment
of one year or more, relating to stolen or contraband
cigarettes;
(C) has been found by the Department, after notice
and a hearing, to have imported or caused to be
imported into the United States for sale or
distribution any cigarette in violation of 19 U.S.C.
1681a;
(D) has been found by the Department, after notice
and a hearing, to have imported or caused to be
imported into the United States for sale or
distribution or manufactured for sale or distribution
in the United States any cigarette that does not fully
comply with the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1331, et seq.); or
(E) has been found by the Department, after notice
and a hearing, to have made a material false statement
in the application or has failed to produce records
required to be maintained by this Act.
The Department, upon receipt of an application and license
fee from a person who is eligible to receive a secondary
distributor's license under this Act, shall issue to such
applicant a license in such form as prescribed by the
Department. The license shall permit the applicant to which it
is issued to engage in business as a secondary distributor at
the place shown in his application. All licenses issued by the
Department under this Act shall be valid for a period not to
exceed one year after issuance unless sooner revoked, canceled,
or suspended as provided in this Act. No license issued under
this Act is transferable or assignable. Such license shall be
conspicuously displayed in the place of business conducted by
the licensee in Illinois under such license. No secondary
distributor licensee acquires any vested interest or
compensable property right in a license issued under this Act.
A licensed secondary distributor shall notify the
Department of any change in the information contained on the
application form, including any change in ownership, and shall
do so within 30 days after any such change.
Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of the
decision, protest and request a hearing. Upon receiving a
request for a hearing, the Department shall give notice to the
person requesting the hearing of the time and place fixed for
the hearing and shall hold a hearing in conformity with the
provisions of this Act and then issue its final administrative
decision in the matter to that person. In the absence of a
protest and request for a hearing within 20 days, the
Department's decision shall become final without any further
determination being made or notice given.
(Source: P.A. 96-1027, eff. 7-12-10.)
(35 ILCS 130/4i new)
Sec. 4i. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license or permit under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license or permit was previously convicted of a felony under
any federal or State law, shall consider any mitigating factors
and evidence of rehabilitation contained in the applicant's
record, including any of the following factors and evidence, to
determine if the applicant has been sufficiently rehabilitated
and whether a prior conviction will impair the ability of the
applicant to engage in the position for which a license or
permit is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license or permit is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license, permit or employment is sought.
(c) If the Department refuses to issue a license or permit
to an applicant, then the Department shall notify the applicant
of the denial in writing with the following included in the
notice of denial:
(1) a statement about the decision to refuse to issue a
license or permit;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license or permit is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license or permit;
and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license or
permit applications during the preceding calendar year. Each
report shall show, at a minimum:
(1) the number of applicants for a new or renewal
license or permit under this Act within the previous
calendar year;
(2) the number of applicants for a new or renewal
license or permit under this Act within the previous
calendar year who had any criminal conviction;
(3) the number of applicants for a new or renewal
license or permit under this Act in the previous calendar
year who were granted a license or permit;
(4) the number of applicants for a new or renewal
license or permit with a criminal conviction who were
granted a license or permit under this Act within the
previous calendar year;
(5) the number of applicants for a new or renewal
license or permit under this Act within the previous
calendar year who were denied a license or permit; and
(6) the number of applicants for a new or renewal
license or permit with a criminal conviction who were
denied a license or permit under this Act in the previous
calendar year in whole or in part because of a prior
conviction.
Section 20. The Counties Code is amended by changing
Section 5-10004 and by adding Section 5-10004a as follows:
(55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
Sec. 5-10004. Qualifications for license. A license to
operate or maintain a dance hall may be issued by the county
board to any citizen, firm or corporation of the State, who
(1) Submits a written application for a license, which
application shall state, and the applicant shall state under
oath:
(a) The name, address, and residence of the applicant,
and the length of time he has lived at that residence; :
(b) The place of birth of the applicant, and if the
applicant is a naturalized citizen, the time and place of
such naturalization;
(c) Whether the applicant has a prior felony
conviction; and That the applicant has never been convicted
of a felony, or of a misdemeanor punishable under the laws
of this State by a minimum imprisonment of six months or
longer.
(d) The location of the place or building where the
applicant intends to operate or maintain the dance hall.
(2) And who establishes:
(a) That he is a person of good moral character; and
(b) that the place or building where the dance hall or
road house is to be operated or maintained, reasonably
conforms to all laws, and health and fire regulations
applicable thereto, and is properly ventilated and
supplied with separate and sufficient toilet arrangements
for each sex, and is a safe and proper place or building
for a public dance hall or road house.
(Source: P.A. 86-962.)
(55 ILCS 5/5-10004a new)
Sec. 5-10004a. Applicant convictions.
(a) Applicants shall not be required to report the
following information and the following information shall not
be considered in connection with an application for a license
under this Act:
(1) Juvenile adjudications of delinquent minors, as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) No application for a license under this Division shall
be denied by reason of a finding of lack of good moral
character when the finding is based upon the fact that the
applicant has previously been convicted of one or more criminal
offenses.
(c) The county board, upon finding that an applicant for a
license under this Act has a prior conviction for a felony,
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following factors and evidence, to determine if a license
may be denied because the conviction will impair the ability of
the applicant to engage in the position for which a license is
sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(d) If the county board refuses to issue a license to an
applicant, then the county board shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the county board
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(e) No later than May 1 of each year, the board must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
Section 25. The Illinois Insurance Code is amended by
changing Sections 500-30, 500-70, 1525, and 1555 and by adding
Sections 500-76 and 1550 as follows:
(215 ILCS 5/500-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-30. Application for license.
(a) An individual applying for a resident insurance
producer license must make application on a form specified by
the Director and declare under penalty of refusal, suspension,
or revocation of the license that the statements made in the
application are true, correct, and complete to the best of the
individual's knowledge and belief. Before approving the
application, the Director must find that the individual:
(1) is at least 18 years of age;
(2) is sufficiently rehabilitated in cases in which the
applicant has not committed any act that is a ground for
denial, suspension, or revocation set forth in Section
500-70, other than convictions set forth in paragraph (6)
of subsection (a) of Section 500-70; with respect to
applicants with convictions set forth in paragraph (6) of
subsection (a) of Section 500-70, the Director shall
determine in accordance with Section 500-76 that the
conviction will not impair the ability of the applicant to
engage in the position for which a license is sought;
(3) has completed, if required by the Director, a
pre-licensing course of study before the insurance exam for
the lines of authority for which the individual has applied
(an individual who successfully completes the Fire and
Casualty pre-licensing courses also meets the requirements
for Personal Lines-Property and Casualty);
(4) has paid the fees set forth in Section 500-135; and
(5) has successfully passed the examinations for the
lines of authority for which the person has applied.
(b) A pre-licensing course of study for each class of
insurance for which an insurance producer license is requested
must be established in accordance with rules prescribed by the
Director and must consist of the following minimum hours:
Class of InsuranceNumber of
Hours
Life (Class 1 (a))20
Accident and Health (Class 1(b) or 2(a))20
Fire (Class 3)20
Casualty (Class 2)20
Personal Lines-Property Casualty20
Motor Vehicle (Class 2(b) or 3(e))12.5
7.5 hours of each pre-licensing course must be completed in
a classroom setting, except Motor Vehicle, which would require
5 hours in a classroom setting.
(c) A business entity acting as an insurance producer must
obtain an insurance producer license. Application must be made
using the Uniform Business Entity Application. Before
approving the application, the Director must find that:
(1) the business entity has paid the fees set forth in
Section 500-135; and
(2) the business entity has designated a licensed
producer responsible for the business entity's compliance
with the insurance laws and rules of this State.
(d) The Director may require any documents reasonably
necessary to verify the information contained in an
application.
(Source: P.A. 96-839, eff. 1-1-10.)
(215 ILCS 5/500-70)
(Section scheduled to be repealed on January 1, 2027)
Sec. 500-70. License denial, nonrenewal, or revocation.
(a) The Director may place on probation, suspend, revoke,
or refuse to issue or renew an insurance producer's license or
may levy a civil penalty in accordance with this Section or
take any combination of actions, for any one or more of the
following causes:
(1) providing incorrect, misleading, incomplete, or
materially untrue information in the license application;
(2) violating any insurance laws, or violating any
rule, subpoena, or order of the Director or of another
state's insurance commissioner;
(3) obtaining or attempting to obtain a license through
misrepresentation or fraud;
(4) improperly withholding, misappropriating or
converting any moneys or properties received in the course
of doing insurance business;
(5) intentionally misrepresenting the terms of an
actual or proposed insurance contract or application for
insurance;
(6) having been convicted of a felony, unless the
individual demonstrates to the Director sufficient
rehabilitation to warrant the public trust; consideration
of such conviction of an applicant shall be in accordance
with Section 500-76;
(7) having admitted or been found to have committed any
insurance unfair trade practice or fraud;
(8) using fraudulent, coercive, or dishonest
practices, or demonstrating incompetence,
untrustworthiness or financial irresponsibility in the
conduct of business in this State or elsewhere;
(9) having an insurance producer license, or its
equivalent, denied, suspended, or revoked in any other
state, province, district or territory;
(10) forging a name to an application for insurance or
to a document related to an insurance transaction;
(11) improperly using notes or any other reference
material to complete an examination for an insurance
license;
(12) knowingly accepting insurance business from an
individual who is not licensed;
(13) failing to comply with an administrative or court
order imposing a child support obligation;
(14) failing to pay state income tax or penalty or
interest or comply with any administrative or court order
directing payment of state income tax or failed to file a
return or to pay any final assessment of any tax due to the
Department of Revenue;
(15) failing to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted student loan; or
(16) failing to comply with any provision of the
Viatical Settlements Act of 2009.
(b) If the action by the Director is to nonrenew, suspend,
or revoke a license or to deny an application for a license,
the Director shall notify the applicant or licensee and advise,
in writing, the applicant or licensee of the reason for the
suspension, revocation, denial or nonrenewal of the
applicant's or licensee's license. The applicant or licensee
may make written demand upon the Director within 30 days after
the date of mailing for a hearing before the Director to
determine the reasonableness of the Director's action. The
hearing must be held within not fewer than 20 days nor more
than 30 days after the mailing of the notice of hearing and
shall be held pursuant to 50 Ill. Adm. Code 2402.
(c) The license of a business entity may be suspended,
revoked, or refused if the Director finds, after hearing, that
an individual licensee's violation was known or should have
been known by one or more of the partners, officers, or
managers acting on behalf of the partnership, corporation,
limited liability company, or limited liability partnership
and the violation was neither reported to the Director nor
corrective action taken.
(d) In addition to or instead of any applicable denial,
suspension, or revocation of a license, a person may, after
hearing, be subject to a civil penalty of up to $10,000 for
each cause for denial, suspension, or revocation, however, the
civil penalty may total no more than $100,000.
(e) The Director has the authority to enforce the
provisions of and impose any penalty or remedy authorized by
this Article against any person who is under investigation for
or charged with a violation of this Code or rules even if the
person's license or registration has been surrendered or has
lapsed by operation of law.
(f) Upon the suspension, denial, or revocation of a
license, the licensee or other person having possession or
custody of the license shall promptly deliver it to the
Director in person or by mail. The Director shall publish all
suspensions, denials, or revocations after the suspensions,
denials, or revocations become final in a manner designed to
notify interested insurance companies and other persons.
(g) A person whose license is revoked or whose application
is denied pursuant to this Section is ineligible to apply for
any license for 3 years after the revocation or denial. A
person whose license as an insurance producer has been revoked,
suspended, or denied may not be employed, contracted, or
engaged in any insurance related capacity during the time the
revocation, suspension, or denial is in effect.
(Source: P.A. 96-736, eff. 7-1-10.)
(215 ILCS 5/500-76 new)
Sec. 500-76. Applicant convictions.
(a) The Director and the Department shall not require
applicants to report the following information and shall not
collect and consider the following criminal history records in
connection with an insurance producer license application:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
that Act.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a charge or
conviction.
(4) Records of arrest where charges were dismissed
unless related to the duties and responsibilities of an
insurance producer. However, applicants shall not be asked
to report any arrests, and any arrest not followed by a
conviction shall not be the basis of a denial and may be
used only to assess an applicant's rehabilitation.
(5) Convictions overturned by a higher court.
(6) Convictions or arrests that have been sealed or
expunged.
(b) The Director, upon a finding that an applicant for a
license under this Act was previously convicted of a felony,
shall consider any mitigating factors and evidence of
rehabilitation contained in the applicant's record, including
any of the following factors and evidence, to determine if a
license may be denied because the prior conviction will impair
the ability of the applicant to engage in the position for
which a license is sought:
(1) the bearing, if any, of the offense for which the
applicant was previously convicted on the duties and
functions of the position for which a license is sought;
(2) whether the conviction suggests a future
propensity to endanger the safety and property of others
while performing the duties and responsibilities for which
a license is sought;
(3) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(4) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(5) the age of the person at the time of the criminal
offense;
(6) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(7) evidence of the applicant's present fitness and
professional character;
(8) evidence of rehabilitation or rehabilitative
effort during or after incarceration or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(9) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of an insurance producer.
(c) If a nonresident licensee meets the standards set forth
in items (1) through (4) of subsection (a) of Section 500-40
and has received consent pursuant to 18 U.S.C. 1033(e)(2) from
his or her home state, the Director shall grant the nonresident
licensee a license.
(d) If the Director refuses to issue a license to an
applicant based upon a conviction or convictions in whole or in
part, then the Director shall notify the applicant of the
denial in writing with the following included in the notice of
denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of convictions that the Director determined
will impair the applicant's ability to engage in the
position for which a license is sought;
(3) a list of the convictions that were the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(215 ILCS 5/1525)
Sec. 1525. Resident license.
(a) Before issuing a public adjuster license to an
applicant under this Section, the Director shall find that the
applicant:
(1) is eligible to designate this State as his or her
home state or is a nonresident who is not eligible for a
license under Section 1540;
(2) is sufficiently rehabilitated in cases in which the
applicant has not committed any act that is a ground for
denial, suspension, or revocation of a license as set forth
in Section 1555, other than convictions set forth in
paragraph (6) of subsection (a) of Section 1555; with
respect to applicants with convictions set forth in
paragraph (6) of subsection (a) of Section 1555, the
Director shall determine in accordance with Section 1550
that the conviction will not impair the ability of the
applicant to engage in the position for which a license is
sought;
(3) is trustworthy, reliable, competent, and of good
reputation, evidence of which may be determined by the
Director;
(4) is financially responsible to exercise the license
and has provided proof of financial responsibility as
required in Section 1560 of this Article; and
(5) maintains an office in the home state of residence
with public access by reasonable appointment or regular
business hours. This includes a designated office within a
home state of residence.
(b) In addition to satisfying the requirements of
subsection (a) of this Section, an individual shall:
(1) be at least 18 years of age;
(2) have successfully passed the public adjuster
examination;
(3) designate a licensed individual public adjuster
responsible for the business entity's compliance with the
insurance laws, rules, and regulations of this State; and
(4) designate only licensed individual public
adjusters to exercise the business entity's license.
(c) The Director may require any documents reasonably
necessary to verify the information contained in the
application.
(Source: P.A. 96-1332, eff. 1-1-11.)
(215 ILCS 5/1550 new)
Sec. 1550. Applicant convictions.
(a) The Director and the Department shall not require
applicants to report the following information and shall not
collect or consider the following criminal history records in
connection with a public adjuster license application:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
that Act.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a formal charge
or conviction.
(4) Records of arrest where charges were dismissed
unless related to the duties and responsibilities of a
public adjuster. However, applicants shall not be asked to
report any arrests, and any arrest not followed by a
conviction shall not be the basis of a denial and may be
used only to assess an applicant's rehabilitation.
(5) Convictions overturned by a higher court.
(6) Convictions or arrests that have been sealed or
expunged.
(b) The Director, upon a finding that an applicant for a
license under this Act was previously convicted of a felony or
misdemeanor involving dishonesty or fraud, shall consider any
mitigating factors and evidence of rehabilitation contained in
the applicant's record, including any of the following factors
and evidence, to determine if a license may be denied because
the prior conviction will impair the ability of the applicant
to engage in the position for which a license is sought:
(1) the bearing, if any, of the offense for which the
applicant was previously convicted on the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether the conviction suggests a future
propensity to endanger the safety and property of others
while performing the duties and responsibilities for which
a license is sought;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of a public adjuster.
(c) If a nonresident licensee meets the standards set forth
in items (1) through (4) of subsection (a) of Section 1540 and
has received consent pursuant to 18 U.S.C. 1033(e)(2) from his
or her home state, the Director shall grant the nonresident
licensee a license.
(d) If the Director refuses to issue a license to an
applicant based on a conviction or convictions, in whole or in
part, then the Director shall notify the applicant of the
denial in writing with the following included in the notice of
denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of convictions that the Director determined
will impair the applicant's ability to engage in the
position for which a license is sought;
(3) a list of the convictions that were the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(215 ILCS 5/1555)
Sec. 1555. License denial, nonrenewal, or revocation.
(a) The Director may place on probation, suspend, revoke,
deny, or refuse to issue or renew a public adjuster's license
or may levy a civil penalty or any combination of actions, for
any one or more of the following causes:
(1) providing incorrect, misleading, incomplete, or
materially untrue information in the license application;
(2) violating any insurance laws, or violating any
regulation, subpoena, or order of the Director or of
another state's Director;
(3) obtaining or attempting to obtain a license through
misrepresentation or fraud;
(4) improperly withholding, misappropriating, or
converting any monies or properties received in the course
of doing insurance business;
(5) intentionally misrepresenting the terms of an
actual or proposed insurance contract or application for
insurance;
(6) having been convicted of a felony or misdemeanor
involving dishonesty or fraud, unless the individual
demonstrates to the Director sufficient rehabilitation to
warrant the public trust; consideration of such conviction
of an applicant shall be in accordance with Section 1550;
(7) having admitted or been found to have committed any
insurance unfair trade practice or insurance fraud;
(8) using fraudulent, coercive, or dishonest
practices; or demonstrating incompetence,
untrustworthiness, or financial irresponsibility in the
conduct of business in this State or elsewhere;
(9) having an insurance license or public adjuster
license or its equivalent, denied, suspended, or revoked in
any other state, province, district, or territory;
(10) forging another's name to an application for
insurance or to any document related to an insurance
transaction;
(11) cheating, including improperly using notes or any
other reference material, to complete an examination for an
insurance license or public adjuster license;
(12) knowingly accepting insurance business from or
transacting business with an individual who is not licensed
but who is required to be licensed by the Director;
(13) failing to comply with an administrative or court
order imposing a child support obligation;
(14) failing to pay State income tax or comply with any
administrative or court order directing payment of State
income tax;
(15) failing to comply with or having violated any of
the standards set forth in Section 1590 of this Law; or
(16) failing to maintain the records required by
Section 1585 of this Law.
(b) If the action by the Director is to nonrenew, suspend,
or revoke a license or to deny an application for a license,
the Director shall notify the applicant or licensee and advise,
in writing, the applicant or licensee of the reason for the
suspension, revocation, denial, or nonrenewal of the
applicant's or licensee's license. The applicant or licensee
may make written demand upon the Director within 30 days after
the date of mailing for a hearing before the Director to
determine the reasonableness of the Director's action. The
hearing must be held within not fewer than 20 days nor more
than 30 days after the mailing of the notice of hearing and
shall be held pursuant to 50 Ill. Adm. Code 2402.
(c) The license of a business entity may be suspended,
revoked, or refused if the Director finds, after hearing, that
an individual licensee's violation was known or should have
been known by one or more of the partners, officers, or
managers acting on behalf of the business entity and the
violation was neither reported to the Director, nor corrective
action taken.
(d) In addition to or in lieu of any applicable denial,
suspension or revocation of a license, a person may, after
hearing, be subject to a civil penalty. In addition to or
instead of any applicable denial, suspension, or revocation of
a license, a person may, after hearing, be subject to a civil
penalty of up to $10,000 for each cause for denial, suspension,
or revocation, however, the civil penalty may total no more
than $100,000.
(e) The Director shall retain the authority to enforce the
provisions of and impose any penalty or remedy authorized by
this Article against any person who is under investigation for
or charged with a violation of this Article even if the
person's license or registration has been surrendered or has
lapsed by operation of law.
(f) Any individual whose public adjuster's license is
revoked or whose application is denied pursuant to this Section
shall be ineligible to apply for a public adjuster's license
for 5 years. A suspension pursuant to this Section may be for
any period of time up to 5 years.
(Source: P.A. 96-1332, eff. 1-1-11.)
Section 30. The Pyrotechnic Distributor and Operator
Licensing Act is amended by changing Section 35 and by adding
Section 36 as follows:
(225 ILCS 227/35)
Sec. 35. Licensure requirements and fees.
(a) Each application for a license to practice under this
Act shall be in writing and signed by the applicant on forms
provided by the Office.
(b) After January 1, 2006, all pyrotechnic displays and
pyrotechnic services, both indoor and outdoor, must comply with
the requirements set forth in this Act.
(c) After January 1, 2006, no person may engage in
pyrotechnic distribution without first applying for and
obtaining a license from the Office. Applicants for a license
must submit to the Office the following:
(1) A current BATFE license for the type of pyrotechnic
service or pyrotechnic display provided.
(2) Proof of $1,000,000 in product liability
insurance.
(3) Proof of $1,000,000 in general liability insurance
that covers the pyrotechnic display or pyrotechnic service
provided.
(4) Proof of Illinois Workers' Compensation Insurance.
(5) A license fee set by the Office.
(6) Proof of a current United States Department of
Transportation (DOT) Identification Number.
(7) Proof of a current USDOT Hazardous Materials
Registration Number.
(8) Proof of having the requisite knowledge, either
through training, examination, or continuing education, as
established by Office rule.
(c-3) After January 1, 2010, no production company may
provide pyrotechnic displays or pyrotechnic services as part of
any production without either (i) obtaining a production
company license from the Office under which all pyrotechnic
displays and pyrotechnic services are performed by a licensed
lead pyrotechnic operator or (ii) hiring a pyrotechnic
distributor licensed in accordance with this Act to perform the
pyrotechnic displays or pyrotechnic services. Applicants for a
production company license must submit to the Office the
following:
(1) Proof of $2,000,000 in commercial general
liability insurance that covers any damage or injury
resulting from the pyrotechnic displays or pyrotechnic
services provided.
(2) Proof of Illinois Worker's Compensation insurance.
(3) A license fee set by the Office.
(4) Proof of a current USDOT Identification Number,
unless:
(A) proof of such is provided by the lead
pyrotechnic operator employed by the production
company or insured as an additional named insured on
the production company's general liability insurance,
as required under paragraph (1) of this subsection; or
(B) the production company certifies under penalty
of perjury that it engages only in flame effects or
never transports materials in quantities that require
registration with USDOT, or both.
(5) Proof of a current USDOT Hazardous Materials
Registration Number, unless:
(A) proof of such is provided by the lead
pyrotechnic operator employed by the production
company or insured as an additional named insured on
the production company's general liability insurance,
as required under paragraph (1) of this subsection; or
(B) the production company certifies under penalty
of perjury that it engages only in flame effects or
never transports materials in quantities that require
registration with USDOT, or both.
(6) Identification of the licensed lead pyrotechnic
operator employed by the production company or insured as
an additional named insured on the production company's
general liability insurance, as required under paragraph
(1) of this subsection.
The insurer shall not cancel the insured's coverage or
remove any additional named insured or additional insured from
the policy coverage without notifying the Office in writing at
least 15 days before cancellation.
(c-5) After January 1, 2006, no individual may act as a
lead operator in a pyrotechnic display without first applying
for and obtaining a lead pyrotechnic operator's license from
the Office. The Office shall establish separate licenses for
lead pyrotechnic operators for indoor and outdoor pyrotechnic
displays. Applicants for a license must:
(1) Pay the fees set by the Office.
(2) Have the requisite training or continuing
education as established in the Office's rules.
(3) (Blank).
(d) A person is qualified to receive a license under this
Act if the person meets all of the following minimum
requirements:
(1) Is at least 21 years of age.
(2) Has not willfully violated any provisions of this
Act.
(3) Has not made any material misstatement or knowingly
withheld information in connection with any original or
renewal application.
(4) Has not been declared incompetent by any competent
court by reasons of mental or physical defect or disease
unless a court has since declared the person competent.
(5) Does not have an addiction to or dependency on
alcohol or drugs that is likely to endanger the public at a
pyrotechnic display.
(6) If convicted Has not been convicted in any
jurisdiction of any felony within the prior 5 years, will
not, by the Office's determination, be impaired by such
conviction in engaging in the position for which a license
is sought.
(7) Is not a fugitive from justice.
(8) Has, or has applied for, a BATFE explosives license
or a Letter of Clearance from the BATFE.
(9) If a lead pyrotechnic operator is employed by a
political subdivision of the State or by a licensed
production company or is insured as an additional named
insured on the production company's general liability
insurance, as required under paragraph (1) of subsection
(c-3) of this Section, he or she shall have a BATFE license
for the pyrotechnic services or pyrotechnic display
provided.
(10) If a production company has not provided proof of
a current USDOT Identification Number and a current USDOT
Hazardous Materials Registration Number, as required by
paragraphs (5) and (6) of subsection (c-3) of this Section,
then the lead pyrotechnic operator employed by the
production company or insured as an additional named
insured on the production company's general liability
insurance, as required under paragraph (1) of subsection
(c-3) of this Section, shall provide such proof to the
Office.
(e) A person is qualified to assist a lead pyrotechnic
operator if the person meets all of the following minimum
requirements:
(1) Is at least 18 years of age.
(2) Has not willfully violated any provision of this
Act.
(3) Has not been declared incompetent by any competent
court by reasons of mental or physical defect or disease
unless a court has since declared the person competent.
(4) Does not have an addiction to or dependency on
alcohol or drugs that is likely to endanger the public at a
pyrotechnic display.
(5) If convicted Has not been convicted in any
jurisdiction of any felony within the prior 5 years, will
not, by the Office's determination, be impaired by such
conviction in engaging in the position for which a license
is sought.
(6) Is not a fugitive from justice.
(7) Is employed as an employee of the licensed
pyrotechnic distributor or the licensed production
company, or insured as an additional named insured on the
pyrotechnic distributor's product liability and general
liability insurance, as required under paragraphs (2) and
(3) of subsection (c) of this Section, or insured as an
additional named insured on the production company's
general liability insurance, as required under paragraph
(1) of subsection (c-3) of this Section.
(8) Has been registered with the Office by the licensed
distributor or the licensed production company on a form
provided by the Office prior to the time when the assistant
begins work on the pyrotechnic display or pyrotechnic
service.
(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
(225 ILCS 227/36 new)
Sec. 36. Applicant convictions.
(a) The Office shall not require the applicant to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose of licensure, a
conviction of any felony within the previous 5 years, the
Office shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following factors and evidence, to
determine if such conviction will impair the ability of the
applicant to engage in the position for which a license is
sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) the amount of time that has elapsed since the
offense occurred;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the specific licensed
practice or employment position.
(c) If the Office refuses to issue a license to an
applicant, then the applicant shall be notified of the denial
in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Office
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Office must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license;
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction;
(7) the number of licenses issued on probation without
monitoring under this Act in the previous calendar year to
applicants with a criminal conviction; and
(8) the number of licenses issued on probation with
monitoring under this Act in the previous calendar year to
applicants with a criminal conviction.
Section 35. The Solid Waste Site Operator Certification Law
is amended by changing Section 1005 and by adding Section
1005-1 as follows:
(225 ILCS 230/1005) (from Ch. 111, par. 7855)
Sec. 1005. Agency authority. The Agency is authorized to
exercise the following functions, powers and duties with
respect to solid waste site operator certification:
(a) To conduct examinations to ascertain the
qualifications of applicants for certificates of competency as
solid waste site operators;
(b) To conduct courses of training on the practical aspects
of the design, operation and maintenance of sanitary landfills;
(c) To issue a certificate to any applicant who has
satisfactorily met all the requirements pertaining to a
certificate of competency as a solid waste site operator;
(d) To suspend, revoke or refuse to issue any certificate
for any one or any combination of the following causes:
(1) The practice of any fraud or deceit in obtaining or
attempting to obtain a certificate of competency;
(2) Negligence or misconduct in the operation of a
sanitary landfill;
(3) Repeated failure to comply with any of the
requirements applicable to the operation of a sanitary
landfill, except for Board requirements applicable to the
collection of litter;
(4) Repeated violations of federal, State or local
laws, regulations, standards, or ordinances regarding the
operation of refuse disposal facilities or sites;
(5) For a holder of a certificate, conviction
Conviction in this or another State of any crime which is a
felony under the laws of this State or conviction of a
felony in a federal court; for an applicant, consideration
of such conviction shall be in accordance with Section
1005-1;
(6) Proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing
of any hazardous waste; or
(7) Being declared to be a person under a legal
disability by a court of competent jurisdiction and not
thereafter having been lawfully declared to be a person not
under legal disability or to have recovered.
(e) To adopt rules necessary to perform its functions,
powers, and duties with respect to solid waste site operator
certifications.
(Source: P.A. 86-1363.)
(225 ILCS 230/1005-1 new)
Sec. 1005-1. Applicant convictions.
(a) The Agency shall not require applicants to report the
following information and shall not consider the following
criminal history records in connection with an application for
certification under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing a conviction of any felony, the Agency
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following factors and evidence, to determine if a
certificate may be denied because such conviction will impair
the ability of the applicant to engage in the position for
which a certificate is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which
certification is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
certificate or employment is sought.
(c) If the Agency refuses to issue a certificate to an
applicant, then the Agency shall notify the applicant of the
denial in writing with the following included in the notice of
denial:
(1) a statement about the decision to refuse to grant
certification;
(2) a list of the convictions that the Agency
determined will impair the applicant's ability to engage in
the position for which a certificate is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a certificate; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a certificate, whichever is
applicable.
(d) No later than May 1 of each year, the Agency must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal
certification applications during the preceding calendar year.
Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
certification under this Act within the previous calendar
year;
(2) the number of applicants for a new or renewal
certification under this Act within the previous calendar
year who had any criminal conviction;
(3) the number of applicants for a new or renewal
certification under this Act in the previous calendar year
who were granted a license;
(4) the number of applicants for a new or renewal
certification with a criminal conviction who were granted
certification under this Act within the previous calendar
year;
(5) the number of applicants for a new or renewal
certification under this Act within the previous calendar
year who were denied certification; and
(6) the number of applicants for a new or renewal
certification with a criminal conviction who were denied
certification under this Act in the previous calendar year
in whole or in part because of a prior conviction.
Section 40. The Water Well and Pump Installation
Contractor's License Act is amended by changing Section 15 and
by adding Section 15.1 as follows:
(225 ILCS 345/15) (from Ch. 111, par. 7116)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. The Department may refuse to issue or renew, may
suspend or may revoke a license on any one or more of the
following grounds:
(1) Material misstatement in the application for license;
(2) Failure to have or retain the qualifications required
by Section 9 of this Act;
(3) Wilful disregard or violation of this Act or of any
rule or regulation promulgated by the Department pursuant
thereto; or disregard or violation of any law of the state of
Illinois or of any rule or regulation promulgated pursuant
thereto relating to water well drilling or the installation of
water pumps and equipment or any rule or regulation adopted
pursuant thereto;
(4) Wilfully aiding or abetting another in the violation of
this Act or any rule or regulation promulgated by the
Department pursuant thereto;
(5) Incompetence in the performance of the work of a water
well contractor or of a water well pump installation
contractor;
(6) Allowing the use of a license by someone other than the
person in whose name it was issued;
(7) For licensees, conviction Conviction of any crime an
essential element of which is misstatement, fraud or
dishonesty, conviction in this or another State of any crime
which is a felony under the laws of this State or the
conviction in a federal court of any felony; for applicants,
the Department may deny a license based on a conviction of any
felony or a misdemeanor directly related to the practice of the
profession if the Department determines in accordance with
Section 15.1 that such conviction will impair the ability of
the applicant to engage in the position for which a license is
sought; .
(8) Making substantial misrepresentations or false
promises of a character likely to influence, persuade or induce
in connection with the occupation of a water well contractor or
a water well pump installation contractor.
(Source: P.A. 77-1626.)
(225 ILCS 345/15.1 new)
Sec. 15.1. Applicant convictions.
(a) The Department shall not require an applicant to
provide the following information and shall not consider the
following criminal history records in connection with an
application for licensure:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the exclusions set forth in Section 5-130 of the
Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a charge or
conviction.
(4) Records of arrest where charges were dismissed
unless related to the practice of the profession. However,
applicants shall not be asked to report any arrests, and
any arrest not followed by a conviction shall not be the
basis of a denial and may be used only to assess an
applicant's rehabilitation.
(5) Convictions overturned by a higher court.
(6) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license was previously convicted of any felony or a misdemeanor
directly related to the practice of the profession, shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following factors and evidence, to determine if the prior
conviction will impair the ability of the applicant to engage
in the position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the job
duties.
(c) If the Department refuses to issue a license to an
applicant, then the Department shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
part or in whole because of a prior conviction.
Section 45. The Collateral Recovery Act is amended by
changing Sections 40, 45, 80, and 85 as follows:
(225 ILCS 422/40)
(Section scheduled to be repealed on January 1, 2022)
Sec. 40. Qualifications for recovery manager;
identification card.
(a) An applicant is qualified for licensure as a recovery
manager if that person meets all of the following requirements:
(1) Is 21 years of age or older.
(2) If convicted of any felony and less than 7 years
have passed from the time of discharge from the sentence
imposed, then a finding by the Commission in accordance
with Section 85 that the conviction will not impair the
applicant's ability to engage in the position requiring a
license. Has not been convicted in any jurisdiction of any
felony or at least 10 years has passed from the time of
discharge from any sentence imposed for a felony.
(3) Has completed no less than 2,500 hours of actual
compensated collateral recovery work as an employee of a
repossession agency, a financial institution, or a vehicle
dealer within the 5 years immediately preceding the filing
of an application, acceptable proof of which must be
submitted to the Commission.
(4) Has submitted to the Commission 2 sets of
fingerprints, which shall be checked against the
fingerprint records on file with the Illinois State Police
and the Federal Bureau of Investigation in the manner set
forth in Section 60 of this Act.
(5) Has successfully completed a certification program
approved by the Commission.
(6) Has paid the required application fees.
(b) Upon the issuance of a recovery manager license, the
Commission shall issue the license holder a suitable pocket
identification card that shall include a photograph of the
license holder. The identification card must contain the name
of the license holder and any other information required by the
Commission. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement of
this subsection shall furnish with his or her application an
approved copy of United States Department of the Treasury
Internal Revenue Service Form 4029.
(c) A recovery manager license is not transferable.
(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
(225 ILCS 422/45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 45. Repossession agency employee requirements.
(a) All employees of a licensed repossession agency whose
duties include the actual repossession of collateral must apply
for a recovery permit. The holder of a repossession agency
license issued under this Act, known in this Section as the
"employer", may employ in the conduct of the business under the
following provisions:
(1) No person may be issued a recovery permit who meets
any of the following criteria:
(A) Is younger than 21 years of age.
(B) Has been determined by the Commission to be
unfit by reason of conviction of an offense in this or
another state, other than a minor traffic offense, that
the Commission determines in accordance with Section
85 will impair the ability of the person to engage in
the position for which a permit is sought. The
Commission shall adopt rules for making those
determinations.
(C) Has had a license or recovery permit denied,
suspended, or revoked under this Act.
(D) Has not successfully completed a certification
program approved by the Commission.
(2) No person may be employed by a repossession agency
under this Section until he or she has executed and
furnished to the Commission, on forms furnished by the
Commission, a verified statement to be known as an
"Employee's Statement" setting forth all of the following:
(A) The person's full name, age, and residence
address.
(B) The business or occupation engaged in for the 5
years immediately before the date of the execution of
the statement, the place where the business or
occupation was engaged in, and the names of the
employers, if any.
(C) That the person has not had a license or
recovery permit denied, revoked, or suspended under
this Act.
(D) Any conviction of a felony, except as provided
for in Section 85.
(E) Any other information as may be required by any
rule of the Commission to show the good character,
competency, and integrity of the person executing the
statement.
(b) Each applicant for a recovery permit shall have his or
her fingerprints submitted to the Commission by a Live Scan
fingerprint vendor certified by the Illinois State Police under
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
format that complies with the form and manner for requesting
and furnishing criminal history record information as
prescribed by the Illinois State Police. These fingerprints
shall be checked against the Illinois State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Commission shall charge applicants a
fee for conducting the criminal history records check, which
shall not exceed the actual cost of the records check. The
Illinois Commerce Commission Police shall furnish, pursuant to
positive identification, records of Illinois convictions to
the Commission. The Commission, in its discretion, may allow an
applicant who does not have reasonable access to a designated
vendor to provide his or her fingerprints in an alternative
manner. The Commission, in its discretion, may also use other
procedures in performing or obtaining criminal history records
checks of applicants. Instead of submitting his or her
fingerprints, an individual may submit proof that is
satisfactory to the Commission that an equivalent security
clearance has been conducted.
(c) Qualified applicants shall purchase a recovery permit
from the Commission and in a form that the Commission
prescribes. The Commission shall notify the submitting person
within 10 days after receipt of the application of its intent
to issue or deny the recovery permit. The holder of a recovery
permit shall carry the recovery permit at all times while
actually engaged in the performance of the duties of his or her
employment. No recovery permit shall be effective unless
accompanied by a license issued by the Commission. Expiration
and requirements for renewal of recovery permits shall be
established by rule of the Commission. Possession of a recovery
permit does not in any way imply that the holder of the
recovery permit is employed by any agency unless the recovery
permit is accompanied by the employee identification card
required by subsection (e) of this Section.
(d) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Commission. The record shall contain all of the following
information:
(1) A photograph taken within 10 days after the date
that the employee begins employment with the employer. The
photograph shall be replaced with a current photograph
every 3 calendar years.
(2) The Employee's Statement specified in paragraph
(2) of subsection (a) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection
(e) of this Section.
(e) Every employer shall furnish an employee
identification card to each of his or her employees. This
subsection (e) shall not apply to office or clerical personnel.
This employee identification card shall contain a recent
photograph of the employee, the employee's name, the name and
agency license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(f) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registration to file with the Commission the
fingerprints of a person other than himself or herself or to
fail to exercise due diligence in resubmitting replacement
fingerprints for those employees who have had original
fingerprint submissions returned as unclassifiable. An agency
shall inform the Commission within 15 days after contracting or
employing a licensed repossession agency employee. The
Commission shall develop a registration process by rule.
(g) Every employer shall obtain the identification card of
every employee who terminates employment with the employer. An
employer shall immediately report an identification card that
is lost or stolen to the local police department having
jurisdiction over the repossession agency location.
(h) No agency may employ any person to perform any activity
under this Act unless the person possesses a valid license or
recovery permit under this Act.
(i) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, then the Commission shall so notify the
agency that submitted the fingerprints on behalf of that
person.
(j) A person employed under this Section shall have 15
business days within which to notify the Commission of any
change in employer, but may continue working under any other
recovery permits granted as an employee or independent
contractor.
(k) This Section applies only to those employees of
licensed repossession agencies whose duties include actual
repossession of collateral.
(l) An applicant who is 21 years of age or older seeking a
religious exemption to the photograph requirement of this
Section shall furnish with his or her application an approved
copy of United States Department of the Treasury Internal
Revenue Service Form 4029. Regardless of age, an applicant
seeking a religious exemption to this photograph requirement
shall submit fingerprints in a form and manner prescribed by
the Commission with his or her application in lieu of a
photograph.
(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
(225 ILCS 422/80)
(Section scheduled to be repealed on January 1, 2022)
Sec. 80. Refusal, revocation, or suspension.
(a) The Commission may refuse to issue or renew or may
revoke any license or recovery permit or may suspend, place on
probation, fine, or take any disciplinary action that the
Commission may deem proper, including fines not to exceed
$2,500 for each violation, with regard to any license holder or
recovery permit holder for one or any combination of the
following causes:
(1) Knowingly making any misrepresentation for the
purpose of obtaining a license or recovery permit.
(2) Violations of this Act or its rules.
(3) For licensees or permit holders, conviction
Conviction of any crime under the laws of the United States
or any state or territory thereof that is (i) a felony,
(ii) a misdemeanor, an essential element of which is
dishonesty, or (iii) a crime that is related to the
practice of the profession. For license or permit
applicants, the Commission may refuse to issue a license or
permit based on restrictions set forth in paragraph (2) of
subsection (a) of Section 40 and subparagraph (B) of
paragraph (1) of subsection (a) of Section 45,
respectively, if the Commission determines in accordance
with Section 85 that such conviction will impair the
ability of the applicant to engage in the position for
which a license or permit is sought.
(4) Aiding or abetting another in violating any
provision of this Act or its rules.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rule.
(6) Violation of any court order from any State or
public agency engaged in the enforcement of payment of
child support arrearages or for noncompliance with certain
processes relating to paternity or support proceeding.
(7) Solicitation of professional services by using
false or misleading advertising.
(8) A finding that the license or recovery permit was
obtained by fraudulent means.
(9) Practicing or attempting to practice under a name
other than the full name shown on the license or recovery
permit or any other legally authorized name.
(b) The Commission may refuse to issue or may suspend the
license or recovery permit of any person or entity who fails to
file a return, pay the tax, penalty, or interest shown in a
filed return, or pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Department of Revenue, until the time the requirements of the
tax Act are satisfied. The Commission may take into
consideration any pending tax disputes properly filed with the
Department of Revenue.
(Source: P.A. 97-576, eff. 7-1-12.)
(225 ILCS 422/85)
(Section scheduled to be repealed on January 1, 2022)
Sec. 85. Consideration of past crimes.
(a) The Commission shall not require the applicant to
report the following information and shall not consider the
following criminal history records in connection with an
application for a license or permit under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When (a) Notwithstanding the prohibitions set forth in
Sections 40 and 45 of this Act, when considering the denial of
a license or recovery permit on the grounds of conviction of a
crime, including those set forth in paragraph (2) of subsection
(a) of Section 40 and subparagraph (B) of paragraph (1) of
subsection (a) of Section 45, respectively, the Commission, in
evaluating whether the conviction will impair the applicant's
ability to engage in the position for which a license or permit
is sought the rehabilitation of the applicant and the
applicant's present eligibility for a license or recovery
permit, shall consider each of the following criteria:
(1) The lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought. The nature and severity of the act or
crime under consideration as grounds for denial.
(2) Circumstances relative to the offense, including
the applicant's age at the time that the offense was
committed.
(3) (2) Evidence of any act committed subsequent to the
act or crime under consideration as grounds for denial,
which also could be considered as grounds for disciplinary
action under this Act.
(4) Whether 5 years since a conviction or 3 years since
release from confinement for the conviction, whichever is
later, have passed without a subsequent conviction. (3) The
amount of time that has lapsed since the commission of the
act or crime referred to in item (1) or (2) of this
subsection (a).
(5) Successful completion of sentence or for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision. (4) The extent to which the
applicant has complied with any terms of parole, probation,
restitution, or any other sanctions lawfully imposed
against the applicant.
(6) If the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment. (5)
Evidence, if any, of rehabilitation submitted by the
applicant.
(7) Evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections.
(8) Any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of practices licensed or
registered under this Act.
(c) (b) When considering the suspension or revocation of a
license or recovery permit on the grounds of conviction of a
crime, the Commission, in evaluating the rehabilitation of the
applicant, whether the conviction will impair the applicant's
ability to engage in the position for which a license or permit
is sought, and the applicant's present eligibility for a
license or recovery permit, shall consider each of the
following criteria:
(1) The nature and severity of the act or offense.
(2) The license holder's or recovery permit holder's
criminal record in its entirety.
(3) The amount of time that has lapsed since the
commission of the act or offense.
(4) Whether the license holder or recovery permit
holder has complied with any terms of parole, probation,
restitution, or any other sanctions lawfully imposed
against him or her.
(5) If applicable, evidence of expungement
proceedings.
(6) Evidence, if any, of rehabilitation submitted by
the license holder or recovery permit holder.
(d) If the Commission refuses to grant a license or permit
to an applicant, then the Commission shall notify the applicant
of the denial in writing with the following included in the
notice of denial:
(1) a statement about the decision to refuse to grant a
license or permit;
(2) a list of the convictions that the Commission
determined will impair the applicant's ability to engage in
the position for which a license or permit is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to grant a license or permit;
and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license or permit, whichever is
applicable.
(e) No later than May 1 of each year, the Commission must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license or
permit applications during the preceding calendar year. Each
report shall show, at a minimum:
(1) the number of applicants for a new or renewal
license or permit under this Act within the previous
calendar year;
(2) the number of applicants for a new or renewal
license or permit under this Act within the previous
calendar year who had any criminal conviction;
(3) the number of applicants for a new or renewal
license or permit under this Act in the previous calendar
year who were granted a license or permit;
(4) the number of applicants for a new or renewal
license or permit with a criminal conviction who were
granted a license or permit under this Act within the
previous calendar year;
(5) the number of applicants for a new or renewal
license or permit under this Act within the previous
calendar year who were denied a license or permit;
(6) the number of applicants for a new or renewal
license or permit with a criminal conviction who were
denied a license or permit under this Act in the previous
calendar year in whole or in part because of a prior
conviction;
(7) the number of licenses or permits issued on
probation without monitoring under this Act in the previous
calendar year to applicants with a criminal conviction; and
(8) the number of licenses or permits issued on
probation with monitoring under this Act in the previous
calendar year to applicants with a criminal conviction.
(Source: P.A. 97-576, eff. 7-1-12.)
Section 50. The Interpreter for the Deaf Licensure Act of
2007 is amended by changing Sections 45 and 115 and by adding
Section 47 as follows:
(225 ILCS 443/45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 45. Qualifications for licensure. A person shall be
qualified to be licensed as an interpreter for the deaf and the
Commission shall issue a license to an applicant who:
(1) has applied in writing on the prescribed forms and
paid the required fees;
(2) is of good moral character; in determining good
moral character, the Commission shall take into
consideration whether the applicant has engaged in conduct
or activities that would constitute grounds for discipline
under Section 115 of this Act, except consideration of
prior convictions shall be in accordance with Section 47 of
this Act;
(3) is an accepted certificate holder;
(4) has a high school diploma or equivalent; and
(5) has met any other requirements established by the
Commission by rule.
(Source: P.A. 95-617, eff. 9-12-07.)
(225 ILCS 443/47 new)
Sec. 47. Applicant convictions.
(a) The Commission shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) No application for any license under this Act shall be
denied by reason of a finding of lack of "good moral character"
when the finding is based upon the fact that the applicant has
previously been convicted of one or more criminal offenses. The
Commission, upon a finding that an applicant for a license was
previously convicted of a felony or a misdemeanor an essential
element of which is dishonesty or that is directly related to
the practice of interpreting, shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following factors and
evidence, to determine if a license may be denied because the
conviction will impair the ability of the applicant to engage
in the position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Commission refuses to issue a license to an
applicant, then the Commission shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Commission
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Commission must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license;
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction;
(7) the number of licenses issued on probation without
monitoring under this Act in the previous calendar year to
applicants with a criminal conviction; and
(8) the number of licenses issued on probation with
monitoring under this Act in the previous calendar year to
applicants with a criminal conviction.
(225 ILCS 443/115)
(Section scheduled to be repealed on January 1, 2018)
Sec. 115. Grounds for disciplinary action.
(a) The Commission may refuse to issue or renew any license
and the Department may suspend or revoke any license or may
place on probation, censure, reprimand, or take other
disciplinary action deemed appropriate by the Department,
including the imposition of fines not to exceed $2,500 for each
violation, with regard to any license issued under this Act for
any one or more of the following reasons:
(1) Material deception in furnishing information to
the Commission or the Department.
(2) Violations or negligent or intentional disregard
of any provision of this Act or its rules.
(3) For licensees, conviction Conviction of any crime
under the laws of any jurisdiction of the United States
that is a felony or a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of interpreting. For applicants, consideration of
such convictions shall be in accordance with Section 47.
(4) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules adopted
thereunder.
(6) Failing, within 60 days, to provide a response to a
request for information in response to a written request
made by the Commission or the Department by certified mail.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(8) Habitual use of or addiction to alcohol, narcotics,
stimulants, or any other chemical agent or drug that
results in a licensee's inability to practice with
reasonable judgment, skill, or safety.
(9) Discipline by another jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Section.
(10) A finding that the licensee, after having his or
her license placed on probationary status, has violated the
terms of probation.
(11) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or a neglected
child, as defined in the Abused and Neglected Child
Reporting Act.
(12) Gross negligence in the practice of interpreting.
(13) Holding oneself out to be a practicing interpreter
for the deaf under any name other than one's own.
(14) Knowingly allowing another person or organization
to use the licensee's license to deceive the public.
(15) Attempting to subvert or cheat on an
interpreter-related examination or evaluation.
(16) Immoral conduct in the commission of an act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(17) Willfully violating State or federal
confidentiality laws or the confidentiality between an
interpreter and client, except as required by State or
federal law.
(18) Practicing or attempting to practice interpreting
under a name other than one's own.
(19) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(20) Failure of a licensee to report to the Commission
any adverse final action taken against him or her by
another licensing jurisdiction, any peer review body, any
professional deaf or hard of hearing interpreting
association, any governmental Commission, by law
enforcement Commission, or any court for a deaf or hard of
hearing interpreting liability claim related to acts or
conduct similar to acts or conduct that would constitute
grounds for action as provided in this Section.
(21) Failure of a licensee to report to the Commission
surrender by the licensee of his or her license or
authorization to practice interpreting in another state or
jurisdiction or current surrender by the licensee of
membership in any deaf or hard of hearing interpreting
association or society while under disciplinary
investigation by any of those authorities or bodies for
acts or conduct similar to acts or conduct that would
constitute grounds for action as provided by this Section.
(22) Physical illness or injury including, but not
limited to, deterioration through the aging process or loss
of motor skill, mental illness, or disability that results
in the inability to practice the profession with reasonable
judgment, skill, or safety.
(23) Gross and willful overcharging for interpreter
services, including filing false statements for collection
of fees for which services have not been rendered.
(b) The Commission may refuse to issue or the Department
may suspend the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) In enforcing this Section, the Commission, upon a
showing of a possible violation, may compel an individual
licensed under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Commission. The
Commission may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The Commission shall specifically
designate the examining physicians. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. Failure of an individual to submit to a mental or
physical examination, when directed, shall be grounds for
suspension of his or her license until the individual submits
to the examination if the Commission finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Commission finds an individual unable to practice
because of the reasons set forth in this subsection (c), the
Commission may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Commission as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice or, in
lieu of care, counseling, or treatment, the Commission may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Director
for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
In instances in which the Director immediately suspends a
person's license under this subsection (c), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Commission or the Department shall have the
authority to review the subject individual's record of
treatment and counseling regarding the impairment to the extent
permitted by applicable State and federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act and affected under
this subsection (c) shall be afforded an opportunity to
demonstrate to the Commission that he or she can resume
practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(Source: P.A. 95-617, eff. 9-12-07.)
Section 55. The Animal Welfare Act is amended by changing
Section 10 and by adding Section 4 as follows:
(225 ILCS 605/4 new)
Sec. 4. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
in connection with an application for a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license was previously convicted of any felony or a misdemeanor
directly related to the practice of the profession, shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following factors and evidence, to determine if the conviction
will impair the ability of the applicant to engage in the
position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Department refuses to grant a license to an
applicant, then the Department shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license;
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction;
(7) the number of licenses issued on probation without
monitoring under this Act in the previous calendar year to
applicants with convictions; and
(8) the number of licenses issued on probation with
monitoring under this Act in the previous calendar year to
applicants with convictions.
(225 ILCS 605/10) (from Ch. 8, par. 310)
Sec. 10. Grounds for discipline. The Department may refuse
to issue or renew or may suspend or revoke a license on any one
or more of the following grounds:
a. Material misstatement in the application for
original license or in the application for any renewal
license under this Act;
b. A violation of this Act or of any regulations or
rules issued pursuant thereto;
c. Aiding or abetting another in the violation of this
Act or of any regulation or rule issued pursuant thereto;
d. Allowing one's license under this Act to be used by
an unlicensed person;
e. For licensees, conviction Conviction of any crime an
essential element of which is misstatement, fraud or
dishonesty or conviction of any felony, if the Department
determines, after investigation, that such person has not
been sufficiently rehabilitated to warrant the public
trust; for applicants, the Department may refuse to issue a
license based on a conviction of any felony or a
misdemeanor directly related to the practice of the
profession if the Department determines in accordance with
Section 4 that such conviction will impair the ability of
the applicant to engage in the position for which a license
is sought;
f. Conviction of a violation of any law of Illinois
except minor violations such as traffic violations and
violations not related to the disposition of dogs, cats and
other animals or any rule or regulation of the Department
relating to dogs or cats and sale thereof;
g. Making substantial misrepresentations or false
promises of a character likely to influence, persuade or
induce in connection with the business of a licensee under
this Act;
h. Pursuing a continued course of misrepresentation of
or making false promises through advertising, salesman,
agents or otherwise in connection with the business of a
licensee under this Act;
i. Failure to possess the necessary qualifications or
to meet the requirements of the Act for the issuance or
holding a license; or
j. Proof that the licensee is guilty of gross
negligence, incompetency, or cruelty with regard to
animals.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
The Department may order any licensee to cease operation
for a period not to exceed 72 hours to correct deficiencies in
order to meet licensing requirements.
If the Department revokes a license under this Act at an
administrative hearing, the licensee and any individuals
associated with that license shall be prohibited from applying
for or obtaining a license under this Act for a minimum of 3
years.
(Source: P.A. 99-310, eff. 1-1-16.)
Section 60. The Illinois Feeder Swine Dealer Licensing Act
is amended by changing Section 9 and by adding Section 9.3 as
follows:
(225 ILCS 620/9) (from Ch. 111, par. 209)
Sec. 9. Grounds for refusal to issue or renew license and
for license suspension and revocation. The Department may
refuse to issue or renew or may suspend or revoke a license on
any one or more of the following grounds:
a. Material misstatement in the application for original
license or in the application for any renewal license under
this Act;
b. Disregard or violation of this Act, any other Act
relative to the purchase and sale of livestock or any
regulation or rule issued pursuant thereto;
c. Aiding or abetting another in the violation of this Act
or of any regulation or rule issued pursuant thereto;
d. Allowing one's license under this Act to be used by an
unlicensed person;
e. For licensees, conviction Conviction of any crime an
essential element of which is misstatement, fraud or dishonesty
or conviction of any felony, if the Department determines,
after investigation, that such person has not been sufficiently
rehabilitated to warrant the public trust; for applicants, the
Department may refuse to issue a license based on a conviction
of any felony or a misdemeanor directly related to the practice
of the profession if the Department determines in accordance
with Section 9.3 that such conviction will impair the ability
of the applicant to engage in the position for which a license
is sought;
f. Conviction of a violation of any law of Illinois or any
rule or regulation of the Department relating to feeder swine;
g. Making substantial misrepresentations or false promises
of a character likely to influence, persuade or induce in
connection with the livestock industry;
h. Pursuing a continued course of misrepresentation of or
making false promises through advertising, salesmen, agents or
otherwise in connection with the livestock industry;
i. Failure to possess the necessary qualifications or to
meet the requirements of this Act for the issuance or holding
of a license;
j. Operating without the bond or trust fund agreement
required by this Act; or
k. Failing to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final
assessment of tax, penalty or interest, as required by any tax
Act administered by the Illinois Department of Revenue.
(Source: P.A. 89-154, eff. 7-19-95.)
(225 ILCS 620/9.3 new)
Sec. 9.3. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license was previously convicted of any felony or a misdemeanor
directly related to the practice of the profession, shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following factors and evidence, to determine if the conviction
will impair the ability of the applicant to engage in the
position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Department refuses to issue a license to an
applicant, then the applicant shall be notified of the denial
in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
Section 65. The Illinois Horse Meat Act is amended by
changing Section 3.2 and by adding Section 3.3 as follows:
(225 ILCS 635/3.2) (from Ch. 56 1/2, par. 242.2)
Sec. 3.2. The following persons are ineligible for
licenses:
a. A person who is not a resident of the city, village or
county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
b. A person who is not of good character and reputation in
the community in which he resides.
c. A person who is not a citizen of the United States.
d. A person with a prior conviction who has been convicted
of a felony or a misdemeanor that is directly related to the
practice of the profession where such conviction will impair
the person's ability to engage in the licensed position.
e. (Blank). A person who has been convicted of a crime or
misdemeanor opposed to decency and morality.
f. A person whose license issued under this Act has been
revoked for cause.
g. A person who at the time of application for renewal of
any license issued hereunder would not be eligible for such
license upon a first application.
h. A co-partnership, unless all of the members of such
co-partnership shall be qualified to obtain a license.
i. A corporation, if any officer, manager or director
thereof or any stockholder or stockholders owning in the
aggregate more than five percent (5%) of the stock of such
corporation, would not be eligible to receive a license
hereunder for any reason other than citizenship and residence
within the political subdivision.
j. A person whose place of business is conducted by a
manager or agent unless said manager or agent possesses the
same qualifications required of the licensee.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/3.3 new)
Sec. 3.3. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) No application for any license under this Act shall be
denied by reason of a finding of lack of moral character when
the finding is based upon the fact that the applicant has
previously been convicted of one or more criminal offenses.
(c) The Department, upon a finding that an applicant for a
license was previously convicted of any felony or a misdemeanor
directly related to the practice of the profession, shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following factors and evidence, to determine if the conviction
will impair the ability of the applicant to engage in the
position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(d) If the Department refuses to issue a license to an
applicant, then the applicant shall be notified of the denial
in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(e) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
Section 70. The Illinois Livestock Dealer Licensing Act is
amended by changing Section 9 and by adding Section 9.4 as
follows:
(225 ILCS 645/9) (from Ch. 111, par. 409)
Sec. 9. The Department may refuse to issue or renew or may
suspend or revoke a license on any of the following grounds:
a. Material misstatement in the application for
original license or in the application for any renewal
license under this Act;
b. Wilful disregard or violation of this Act, or of any
other Act relative to the purchase and sale of livestock,
feeder swine or horses, or of any regulation or rule issued
pursuant thereto;
c. Wilfully aiding or abetting another in the violation
of this Act or of any regulation or rule issued pursuant
thereto;
d. Allowing one's license under this Act to be used by
an unlicensed person;
e. For licensees, conviction Conviction of any felony,
if the Department determines, after investigation, that
such person has not been sufficiently rehabilitated to
warrant the public trust; for applicants, the Department
may refuse to issue a license based on a conviction of a
felony if the Department determines in accordance with
Section 9.4 that such conviction will impair the ability of
the applicant to engage in the position for which a license
is sought;
f. For licensees, conviction Conviction of any crime an
essential element of which is misstatement, fraud or
dishonesty; for applicants, the Department may refuse to
issue a license based on a conviction of a misdemeanor
directly related to the practice of the profession if the
Department determines in accordance with Section 9.4 that
such conviction will impair the ability of the applicant to
engage in the position for which a license is sought;
g. Conviction of a violation of any law in Illinois or
any Departmental rule or regulation relating to livestock;
h. Making substantial misrepresentations or false
promises of a character likely to influence, persuade or
induce in connection with the livestock industry;
i. Pursuing a continued course of misrepresentation of
or making false promises through advertising, salesmen,
agents or otherwise in connection with the livestock
industry;
j. Failure to possess the necessary qualifications or
to meet the requirements of this Act for the issuance or
holding a license;
k. Failure to pay for livestock after purchase;
l. Issuance of checks for payment of livestock when
funds are insufficient;
m. Determination by a Department audit that the
licensee or applicant is insolvent;
n. Operating without adequate bond coverage or its
equivalent required for licensees;
o. Failing to remit the assessment required in Section
9 of the Beef Market Development Act upon written complaint
of the Checkoff Division of the Illinois Beef Association
Board of Governors.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 99-389, eff. 8-18-15; 99-642, eff. 7-28-16.)
(225 ILCS 645/9.4 new)
Sec. 9.4. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license was previously convicted of any felony or a misdemeanor
directly related to the practice of the profession, shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following factors and evidence, to determine if the conviction
will impair the ability of the applicant to engage in the
position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Department refuses to issue a license to an
applicant, then the applicant shall be notified of the denial
in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
Section 75. The Slaughter Livestock Buyers Act is amended
by changing Section 7 and by adding Section 7.1 as follows:
(225 ILCS 655/7) (from Ch. 111, par. 508)
Sec. 7. The Department may refuse to issue or may suspend
or revoke a certificate of registration on any of the following
grounds:
a. Material misstatement in the application for original
registration;
b. Wilful disregard or violation of this Act or of any
regulation or rule issued pursuant thereto;
c. Wilfully aiding or abetting another in the violation of
this Act or of any regulation or rule issued pursuant thereto;
d. For a holder of a certificate of registration,
conviction Conviction of any felony, if the Department
determines, after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust; for an
applicant for a certificate of registration, the Department may
refuse to issue a certificate of registration based on a
conviction of a felony if the Department determines in
accordance with Section 7.1 that such conviction will impair
the ability of the applicant to engage in the position for
which a certificate of registration is sought;
e. For a holder of a certificate of registration,
conviction Conviction of any crime an essential element of
which is misstatement, fraud or dishonesty; for an applicant
for a certificate of registration, the Department may refuse to
issue a certificate of registration based on conviction of a
misdemeanor directly related to the practice of the profession
if the Department determines in accordance with Section 7.1
that such conviction will impair the ability of the applicant
to engage in the position for which a certificate of
registration is sought;
f. Conviction of a violation of any law of Illinois
relating to the purchase of livestock or any Departmental rule
or regulation pertaining thereto;
g. Making substantial misrepresentations or false promises
of a character likely to influence, persuade or induce in
connection with the business conducted under this Act;
h. Pursuing a continued course of misrepresentation of or
making false promises through advertising, salesman, agent or
otherwise in connection with the business conducted under this
Act;
i. Failure to possess the necessary qualifications or to
meet the requirements of this Act;
j. Failure to pay for livestock within 24 hours after
purchase, except as otherwise provided in Section 16;
k. If Department audit determines the registrant to be
insolvent; or
l. Issuance of checks for payment of livestock when funds
are insufficient.
(Source: P.A. 80-915.)
(225 ILCS 655/7.1 new)
Sec. 7.1. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a certificate of registration or license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license or certificate of registration was previously
convicted of any felony or a misdemeanor directly related to
the practice of the profession, shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following factors and
evidence, to determine if the conviction will impair the
ability of the applicant to engage in the position for which a
license or certificate of registration is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Department refuses to issue a certificate of
registration or license to an applicant, then the applicant
shall be notified of the denial in writing with the following
included in the notice of denial:
(1) a statement about the decision to refuse to issue a
certificate of registration or a license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license or certificate of
registration is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a certificate of
registration or a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license or certificate of
registration, whichever is applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license or
certificate of registration applications during the preceding
calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
license or certificate of registration under this Act
within the previous calendar year;
(2) the number of applicants for a new or renewal
license or certificate of registration under this Act
within the previous calendar year who had any criminal
conviction;
(3) the number of applicants for a new or renewal
license or certificate of registration under this Act in
the previous calendar year who were granted a license;
(4) the number of applicants for a new or renewal
license or certificate of registration with a criminal
conviction who were granted a license or certificate of
registration under this Act within the previous calendar
year;
(5) the number of applicants for a new or renewal
license or certificate of registration under this Act
within the previous calendar year who were denied a license
or a certificate of registration; and
(6) the number of applicants for a new or renewal
license or certificate of registration with a criminal
conviction who were denied a license or certificate of
registration under this Act in the previous calendar year
in whole or in part because of a prior conviction.
Section 80. The Raffles and Poker Runs Act is amended by
changing Section 3 and by adding Section 3.1 as follows:
(230 ILCS 15/3) (from Ch. 85, par. 2303)
Sec. 3. License - Application - Issuance - Restrictions -
Persons ineligible. Licenses issued by the governing body of
any county or municipality are subject to the following
restrictions:
(1) No person, firm or corporation shall conduct
raffles or chances or poker runs without having first
obtained a license therefor pursuant to this Act.
(2) The license and application for license must
specify the area or areas within the licensing authority in
which raffle chances will be sold or issued or a poker run
will be conducted, the time period during which raffle
chances will be sold or issued or a poker run will be
conducted, the time of determination of winning chances and
the location or locations at which winning chances will be
determined.
(3) The license application must contain a sworn
statement attesting to the not-for-profit character of the
prospective licensee organization, signed by the presiding
officer and the secretary of that organization.
(4) The application for license shall be prepared in
accordance with the ordinance of the local governmental
unit.
(5) A license authorizes the licensee to conduct
raffles or poker runs as defined in this Act.
The following are ineligible for any license under this
Act:
(a) any person whose felony conviction will impair the
person's ability to engage in the licensed position who has
been convicted of a felony;
(b) any person who is or has been a professional
gambler or gambling promoter;
(c) any person who is not of good moral character;
(d) any firm or corporation in which a person defined
in (a), (b) or (c) has a proprietary, equitable or credit
interest, or in which such a person is active or employed;
(e) any organization in which a person defined in (a),
(b) or (c) is an officer, director, or employee, whether
compensated or not;
(f) any organization in which a person defined in (a),
(b) or (c) is to participate in the management or operation
of a raffle as defined in this Act.
(Source: P.A. 98-644, eff. 6-10-14.)
(230 ILCS 15/3.1 new)
Sec. 3.1. Applicant convictions.
(a) The licensing authority shall not require applicants to
report the following information and shall not consider the
following criminal history records in connection with an
application for licensure:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The licensing authority, upon a finding that an
applicant for a license was previously convicted of a felony
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following factors and evidence, to determine if the
conviction will impair the ability of the applicant to engage
in the position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the licensing authority refuses to issue a license
to an applicant, then the applicant shall be notified of the
denial in writing with the following included in the notice of
denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the licensing
authority determined will impair the applicant's ability
to engage in the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the licensing
authority must prepare, publicly announce, and publish a report
of summary statistical information relating to new and renewal
license applications during the preceding calendar year. Each
report shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
Section 85. The Illinois Pull Tabs and Jar Games Act is
amended by changing Section 2.1 and by adding Section 2.2 as
follows:
(230 ILCS 20/2.1)
Sec. 2.1. Ineligibility for a license. The following are
ineligible for any license under this Act:
(1) Any person convicted of any felony within the last
5 years where such conviction will impair the person's
ability to engage in the position for which a license is
sought. Any person who has been convicted of a felony
within the last 10 years prior to the date of the
application.
(2) Any person who has been convicted of a violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012 who has not been sufficiently rehabilitated
following the conviction.
(3) Any person who has had a bingo, pull tabs and jar
games, or charitable games license revoked by the
Department.
(4) Any person who is or has been a professional
gambler.
(5) Any person found gambling in a manner not
authorized by the Illinois Pull Tabs and Jar Games Act, the
Bingo License and Tax Act, or the Charitable Games Act,
participating in such gambling, or knowingly permitting
such gambling on premises where pull tabs and jar games are
authorized to be conducted.
(6) Any firm or corporation in which a person defined
in (1), (2), (3), (4), or (5) has any proprietary,
equitable, or credit interest or in which such person is
active or employed.
(7) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is an officer, director, or employee,
whether compensated or not.
(8) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is to participate in the management
or operation of pull tabs and jar games.
The Department of State Police shall provide the criminal
background of any supplier as requested by the Department of
Revenue.
(Source: P.A. 97-1150, eff. 1-25-13.)
(230 ILCS 20/2.2 new)
Sec. 2.2. Applicant convictions.
(a) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Department, upon a finding that an applicant for a
license was convicted of a felony in the previous 5 years or of
a violation of Article 28 of the Criminal Code of 1961 or
Criminal Code of 2012, shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following factors and
evidence, to determine if the applicant is sufficiently
rehabilitated or whether the conviction will impair the ability
of the applicant to engage in the position for which a license
is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) the amount of time that has elapsed since the
offense occurred;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Department refuses to issue a license to an
applicant, then the applicant shall be notified of the denial
in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
Section 90. The Bingo License and Tax Act is amended by
changing Section 1.2 and by adding Section 1.2a as follows:
(230 ILCS 25/1.2)
Sec. 1.2. Ineligibility for licensure. The following are
ineligible for any license under this Act:
(1) Any person convicted of any felony within the last
5 years where such conviction will impair the person's
ability to engage in the position for which a license is
sought. Any person who has been convicted of a felony
within the last 10 years prior to the date of application.
(2) Any person who has been convicted of a violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012 who has not been sufficiently rehabilitated
following the conviction.
(3) Any person who has had a bingo, pull tabs and jar
games, or charitable games license revoked by the
Department.
(4) Any person who is or has been a professional
gambler.
(5) Any person found gambling in a manner not
authorized by the Illinois Pull Tabs and Jar Games Act,
Bingo License and Tax Act, or the Charitable Games Act,
participating in such gambling, or knowingly permitting
such gambling on premises where a bingo event is authorized
to be conducted or has been conducted.
(6) Any organization in which a person defined in (1),
(2), (3), (4), or (5) has a proprietary, equitable, or
credit interest, or in which such person is active or
employed.
(7) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is an officer, director, or employee,
whether compensated or not.
(8) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is to participate in the management
or operation of a bingo game.
The Department of State Police shall provide the criminal
background of any person requested by the Department of
Revenue.
(Source: P.A. 97-1150, eff. 1-25-13.)
(230 ILCS 25/1.2a new)
Sec. 1.2a. Applicant convictions.
(a) The Department, upon a finding that an applicant for a
license was convicted of a felony within the previous 5 years
or of a violation of Article 28 of the Criminal Code of 1961 or
Criminal Code of 2012, shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following factors and
evidence, to determine if the applicant is sufficiently
rehabilitated or whether the conviction will impair the ability
of the applicant to engage in the position for which a license
is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) the amount of time that has elapsed since the
offense occurred;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(b) If the Department refuses to issue a license to an
applicant, then the Department shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(c) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
(d) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the exclusions set forth in Section 5-130 of the
Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
Section 95. The Charitable Games Act is amended by changing
Section 7 and by adding Section 7.1 as follows:
(230 ILCS 30/7) (from Ch. 120, par. 1127)
Sec. 7. Ineligible Persons. The following are ineligible
for any license under this Act:
(a) any person convicted of any felony within the last
5 years where such conviction will impair the person's
ability to engage in the position for which a license is
sought any person who has been convicted of a felony within
the last 10 years before the date of the application;
(b) any person who has been convicted of a violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012 who has not been sufficiently rehabilitated
following the conviction;
(c) any person who has had a bingo, pull tabs and jar
games, or charitable games license revoked by the
Department;
(d) any person who is or has been a professional
gambler;
(d-1) any person found gambling in a manner not
authorized by this Act, the Illinois Pull Tabs and Jar
Games Act, or the Bingo License and Tax Act participating
in such gambling, or knowingly permitting such gambling on
premises where an authorized charitable games event is
authorized to be conducted or has been conducted;
(e) any organization in which a person defined in (a),
(b), (c), (d), or (d-1) has a proprietary, equitable, or
credit interest, or in which the person is active or
employed;
(f) any organization in which a person defined in (a),
(b), (c), (d), or (d-1) is an officer, director, or
employee, whether compensated or not;
(g) any organization in which a person defined in (a),
(b), (c), (d), or (d-1) is to participate in the management
or operation of charitable games.
The Department of State Police shall provide the criminal
background of any person requested by the Department of
Revenue.
(Source: P.A. 97-1150, eff. 1-25-13.)
(230 ILCS 30/7.1 new)
Sec. 7.1. Applicant convictions.
(a) The Department, upon a finding that an applicant for a
license was convicted of a felony within the previous 5 years
or of a violation of Article 28 of the Criminal Code of 1961 or
Criminal Code of 2012, shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following factors and
evidence, to determine if the applicant is sufficiently
rehabilitated or whether the conviction will impair the ability
of the applicant to engage in the position for which a license
is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) the amount of time that has elapsed since the
offense occurred;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(b) If the Department refuses to grant a license to an
applicant, then the Department shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Department
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(c) No later than May 1 of each year, the Department must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
(d) Applicants shall not be required to report the
following information and the following shall not be considered
in connection with an application for licensure or
registration:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
Section 100. The Liquor Control Act of 1934 is amended by
changing Sections 6-2 and 7-1 and by adding Section 6-2.5 as
follows:
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section 3-12,
no license of any kind issued by the State Commission or any
local commission shall be issued to:
(1) A person who is not a resident of any city, village
or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
(2) A person who is not of good character and
reputation in the community in which he resides.
(3) A person who is not a citizen of the United States.
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person will not be impaired by the conviction in
engaging in the licensed practice has been sufficiently
rehabilitated to warrant the public trust after
considering matters set forth in such person's application
in accordance with Section 6-2.5 of this Act and the
Commission's investigation. The burden of proof of
sufficient rehabilitation shall be on the applicant.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of juvenile
prostitution, promoting prostitution that involves keeping
a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile
prostitution.
(6) A person who has been convicted of pandering or
other crime or misdemeanor opposed to decency and morality.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for renewal
of any license issued hereunder would not be eligible for
such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more
than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the
political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if any
member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than citizenship and residence within the political
subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by a
manager or agent unless the manager or agent possesses the
same qualifications required by the licensee.
(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,
possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation, unless the
Commission determines, in accordance with Section 6-2.5 of
this Act, that the person will not be impaired by the
conviction in engaging in the licensed practice.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderman, or member of the city council or commission, any
president of the village board of trustees, any member of a
village board of trustees, or any president or member of a
county board; and no such official shall have a direct
interest in the manufacture, sale, or distribution of
alcoholic liquor, except that a license may be granted to
such official in relation to premises that are not located
within the territory subject to the jurisdiction of that
official if the issuance of such license is approved by the
State Liquor Control Commission and except that a license
may be granted, in a city or village with a population of
55,000 or less, to any alderman, member of a city council,
or member of a village board of trustees in relation to
premises that are located within the territory subject to
the jurisdiction of that official if (i) the sale of
alcoholic liquor pursuant to the license is incidental to
the selling of food, (ii) the issuance of the license is
approved by the State Commission, (iii) the issuance of the
license is in accordance with all applicable local
ordinances in effect where the premises are located, and
(iv) the official granted a license does not vote on
alcoholic liquor issues pending before the board or council
to which the license holder is elected. Notwithstanding any
provision of this paragraph (14) to the contrary, an
alderman or member of a city council or commission, a
member of a village board of trustees other than the
president of the village board of trustees, or a member of
a county board other than the president of a county board
may have a direct interest in the manufacture, sale, or
distribution of alcoholic liquor as long as he or she is
not a law enforcing public official, a mayor, a village
board president, or president of a county board. To prevent
any conflict of interest, the elected official with the
direct interest in the manufacture, sale, or distribution
of alcoholic liquor shall not participate in any meetings,
hearings, or decisions on matters impacting the
manufacture, sale, or distribution of alcoholic liquor.
Furthermore, the mayor of a city with a population of
55,000 or less or the president of a village with a
population of 55,000 or less may have an interest in the
manufacture, sale, or distribution of alcoholic liquor as
long as the council or board over which he or she presides
has made a local liquor control commissioner appointment
that complies with the requirements of Section 4-2 of this
Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3) through
(a) (11) of Section 28-1 of, or as proscribed by Section
28-1.1 or 28-3 of, the Criminal Code of 1961 or the
Criminal Code of 2012, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless the
person or entity is eligible to be issued a license under
the Raffles and Poker Runs Act or the Illinois Pull Tabs
and Jar Games Act.
(18) A person who intends to sell alcoholic liquors for
use or consumption on his or her licensed retail premises
who does not have liquor liability insurance coverage for
that premises in an amount that is at least equal to the
maximum liability amounts set out in subsection (a) of
Section 6-21.
(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,
having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any
licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,
affiliate, or agent thereof, or any other form of business
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on an
exchange within the meaning of the Securities Exchange Act
of 1934. For the purposes of this paragraph (20), a person
who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this subsection
(b) have been met before any action on the corporation's
license is initiated.
(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13;
98-10, eff. 5-6-13; 98-21, eff. 6-13-13; 98-644, eff. 6-10-14;
98-756, eff. 7-16-14.)
(235 ILCS 5/6-2.5 new)
Sec. 6-2.5. Applicant convictions.
(a) The Commission shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Commission, upon a finding that an applicant for a
license was convicted of a felony or a violation of any federal
or State law concerning the manufacture, possession or sale of
alcoholic liquor, shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following factors and
evidence, to determine if the conviction will impair the
ability of the applicant to engage in the position for which a
license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Commission refuses to issue a license to an
applicant, then the Commission shall notify the applicant of
the denial in writing with the following included in the notice
of denial:
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that the Commission
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Commission must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
(235 ILCS 5/7-1) (from Ch. 43, par. 145)
Sec. 7-1. An applicant for a retail license from the State
Commission shall submit to the State Commission an application
in writing under oath stating:
(1) The applicant's name and mailing address;
(2) The name and address of the applicant's business;
(3) If applicable, the date of the filing of the
"assumed name" of the business with the County Clerk;
(4) In case of a copartnership, the date of the
formation of the partnership; in the case of an Illinois
corporation, the date of its incorporation; or in the case
of a foreign corporation, the State where it was
incorporated and the date of its becoming qualified under
the Business Corporation Act of 1983 to transact business
in the State of Illinois;
(5) The number, the date of issuance and the date of
expiration of the applicant's current local retail liquor
license;
(6) The name of the city, village, or county that
issued the local retail liquor license;
(7) The name and address of the landlord if the
premises are leased;
(8) The date of the applicant's first request for a
State liquor license and whether it was granted, denied or
withdrawn;
(9) The address of the applicant when the first
application for a State liquor license was made;
(10) The applicant's current State liquor license
number;
(11) The date the applicant began liquor sales at his
place of business;
(12) The address of the applicant's warehouse if he
warehouses liquor;
(13) The applicant's Retailers' Occupation Tax (ROT)
Registration Number;
(14) The applicant's document locator number on his
Federal Special Tax Stamp;
(15) Whether the applicant is delinquent in the payment
of the Retailers' Occupation Tax (Sales Tax), and if so,
the reasons therefor;
(16) Whether the applicant is delinquent under the cash
beer law, and if so, the reasons therefor;
(17) In the case of a retailer, whether he is
delinquent under the 30-day credit law, and if so, the
reasons therefor;
(18) In the case of a distributor, whether he is
delinquent under the 15-day credit law, and if so, the
reasons therefor;
(19) Whether the applicant has made an application for
a liquor license which has been denied, and if so, the
reasons therefor;
(20) Whether the applicant has ever had any previous
liquor license suspended or revoked, and if so, the reasons
therefor;
(21) Whether the applicant has ever been convicted of a
gambling offense or felony, and if so, the particulars
thereof;
(22) Whether the applicant possesses a current Federal
Wagering Stamp, and if so, the reasons therefor;
(23) Whether the applicant, or any other person,
directly in his place of business is a public official, and
if so, the particulars thereof;
(24) The applicant's name, sex, date of birth, social
security number, position and percentage of ownership in
the business; and the name, sex, date of birth, social
security number, position and percentage of ownership in
the business of every sole owner, partner, corporate
officer, director, manager and any person who owns 5% or
more of the shares of the applicant business entity or
parent corporations of the applicant business entity; and
(25) That he has not received or borrowed money or
anything else of value, and that he will not receive or
borrow money or anything else of value (other than
merchandising credit in the ordinary course of business for
a period not to exceed 90 days as herein expressly
permitted under Section 6-5 hereof), directly or
indirectly, from any manufacturer, importing distributor
or distributor or from any representative of any such
manufacturer, importing distributor or distributor, nor be
a party in any way, directly or indirectly, to any
violation by a manufacturer, distributor or importing
distributor of Section 6-6 of this Act.
In addition to any other requirement of this Section, an
applicant for a special use permit license and a special event
retailer's license shall also submit (A) proof satisfactory to
the Commission that the applicant has a resale number issued
under Section 2c of the Retailers' Occupation Tax Act or that
the applicant is registered under Section 2a of the Retailers'
Occupation Tax Act, (B) proof satisfactory to the Commission
that the applicant has a current, valid exemption
identification number issued under Section 1g of the Retailers'
Occupation Tax Act and a certification to the Commission that
the purchase of alcoholic liquors will be a tax-exempt
purchase, or (C) a statement that the applicant is not
registered under Section 2a of the Retailers' Occupation Tax
Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act.
The applicant shall also submit proof of adequate dram shop
insurance for the special event prior to being issued a
license.
In addition to the foregoing information, such application
shall contain such other and further information as the State
Commission and the local commission may, by rule or regulation
not inconsistent with law, prescribe.
If the applicant reports a felony conviction as required
under paragraph (21) of this Section, such conviction may be
considered by the Commission in accordance with Section 6-2.5
of this Act in determining qualifications for licensing, but
shall not operate as a bar to licensing.
If said application is made in behalf of a partnership,
firm, association, club or corporation, then the same shall be
signed by one member of such partnership or the president or
secretary of such corporation or an authorized agent of said
partnership or corporation.
All other applications shall be on forms prescribed by the
State Commission, and which may exclude any of the above
requirements which the State Commission rules to be
inapplicable.
(Source: P.A. 98-756, eff. 7-16-14.)
Section 105. The Radon Industry Licensing Act is amended by
changing Section 45 and by adding Section 46 as follows:
(420 ILCS 44/45)
Sec. 45. Grounds for disciplinary action. The Agency may
refuse to issue or to renew, or may revoke, suspend, or take
other disciplinary action as the Agency may deem proper,
including fines not to exceed $1,000 for each violation, with
regard to any license for any one or combination of the
following causes:
(a) Violation of this Act or its rules.
(b) Conviction of a crime under the laws of any United
States jurisdiction that is a felony or of any crime that
directly relates to the practice of detecting or reducing
the presence of radon or radon progeny. Consideration of
such conviction of an applicant shall be in accordance with
Section 46.
(c) Making a misrepresentation for the purpose of
obtaining a license.
(d) Professional incompetence or gross negligence in
the practice of detecting or reducing the presence of radon
or radon progeny.
(e) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in a court
of competent jurisdiction.
(f) Aiding or assisting another person in violating a
provision of this Act or its rules.
(g) Failing, within 60 days, to provide information in
response to a written request made by the Agency that has
been sent by mail to the licensee's last known address.
(h) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(i) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(j) Discipline by another United States jurisdiction
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Section.
(k) Directly or indirectly giving to or receiving from
a person any fee, commission, rebate, or other form of
compensation for a professional service not actually or
personally rendered.
(l) A finding by the Agency that the licensee has
violated the terms of a license.
(m) Conviction by a court of competent jurisdiction,
either within or outside of this State, of a violation of a
law governing the practice of detecting or reducing the
presence of radon or radon progeny if the Agency determines
after investigation that the person has not been
sufficiently rehabilitated to warrant the public trust.
(n) A finding by the Agency that a license has been
applied for or obtained by fraudulent means.
(o) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other authorized name.
(p) Gross and willful overcharging for professional
services, including filing false statements for collection
of fees or moneys for which services are not rendered.
(q) Failure to file a return or to pay the tax,
penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required
by a tax Act administered by the Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(r) Failure to repay educational loans guaranteed by
the Illinois Student Assistance Commission, as provided in
Section 80 of the Nuclear Safety Law of 2004. However, the
Agency may issue an original or renewal license if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
(s) Failure to meet child support orders, as provided
in Section 10-65 of the Illinois Administrative Procedure
Act.
(t) Failure to pay a fee or civil penalty properly
assessed by the Agency.
(Source: P.A. 94-369, eff. 7-29-05.)
(420 ILCS 44/46 new)
Sec. 46. Applicant convictions.
(a) The Agency shall not require applicants to report the
following information and shall not consider the following
criminal history records in connection with an application for
a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987,
subject to the restrictions set forth in Section 5-130 of
the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at
the time of the offense and before January 1, 2014, unless
the nature of the offense required the individual to be
tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) The Agency, upon a finding that an applicant for a
license was convicted of a felony or a crime that relates to
the practice of detecting or reducing the presence of radon or
radon progeny, shall consider any evidence of rehabilitation
and mitigating factors contained in the applicant's record,
including any of the following factors and evidence, to
determine if the conviction will impair the ability of the
applicant to engage in the position for which a license is
sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction,
whichever is later, have passed without a subsequent
conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or a certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) If the Agency refuses to issue a license to an
applicant, then the Agency shall notify the applicant of the
denial in writing with the following included in the notice of
denial:
(1) a statement about the decision to refuse to grant a
license;
(2) a list of the convictions that the Agency
determined will impair the applicant's ability to engage in
the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(d) No later than May 1 of each year, the Agency must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license
applications during the preceding calendar year. Each report
shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who
were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a
license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year
who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a
license under this Act in the previous calendar year in
whole or in part because of a prior conviction.
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