Public Act 100-0286

SB1688 Enrolled LRB100 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 Insurance Number 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 Casualty 20 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.