Bill Text: IL HB3822 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Identification Act. Requires that applications for certification, registration, and licensure must contain specific language that states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and prohibits entities authorized to grant professional licenses, certifications, and registrations from asking if an applicant has had records sealed or expunged. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, registration, or certification, except specified health care worker licenses. Amends various professional licensing Acts with the following changes: Provides that the licensing agency must find that a license applicant has not committed certain acts or has been sufficiently rehabilitated to approve the application. In provisions concerning license denial, nonrenewal, or revocation for conviction of a felony, allows the licensing agency to issue a license with monitoring requirements and provides for an exception if an individual demonstrates to the licensing agency sufficient rehabilitation to warrant the public trust. Provides that the licensing agency shall not require applicants to report certain criminal history information and the licensing agency shall not consider the information. Requires the licensing agency to consider certain mitigating factors and evidence of rehabilitation for license applicants. Requires the licensing agency, upon denial of a license, to provide the applicant certain information concerning the denial. Provides that on May 1 of each year, the licensing agency shall prepare, publicly announce, and publish certain statistical information. Makes other changes. Effective January 1, 2018.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3822 Detail]

Download: Illinois-2017-HB3822-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3822 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the Criminal Identification Act. Requires that applications for certification, registration, and licensure must contain specific language that states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and prohibits entities authorized to grant professional licenses, certifications, and registrations from asking if an applicant has had records sealed or expunged. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, registration, or certification, except specified health care worker licenses. Amends various professional licensing Acts with the following changes: Provides that the licensing agency must find that a license applicant has not committed certain acts or has been sufficiently rehabilitated to approve the application. In provisions concerning license denial, nonrenewal, or revocation for conviction of a felony, allows the licensing agency to issue a license with monitoring requirements and provides for an exception if an individual demonstrates to the licensing agency sufficient rehabilitation to warrant the public trust. Provides that the licensing agency shall not require applicants to report certain criminal history information and the licensing agency shall not consider the information. Requires the licensing agency to consider certain mitigating factors and evidence of rehabilitation for license applicants. Requires the licensing agency, upon denial of a license, to provide the applicant certain information concerning the denial. Provides that on May 1 of each year, the licensing agency shall prepare, publicly announce, and publish certain statistical information. Makes other changes. Effective January 1, 2018.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Lottery Law is amended by changing
Section 10.1 and by adding Section 10.1b as follows:
(20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
Sec. 10.1. The following are ineligible for any license
under this Act:
(a) any person who has been convicted of a felony who
is not sufficiently rehabilitated following the
conviction;
(b) any person who is or has been a professional
gambler or gambling promoter;
(c) any person who has engaged in bookmaking or other
forms of illegal gambling;
(d) any person who is not of good character and
reputation in the community in which he resides;
(e) any person who has been found guilty of any fraud
or misrepresentation in any connection;
(f) any firm or corporation in which a person defined
in (a), (b), (c), (d) or (e) has a proprietary, equitable
or credit interest of 5% or more.
(g) any organization in which a person defined in (a),

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(b), (c), (d) or (e) is an officer, director, or managing
agent, whether compensated or not;
(h) any organization in which a person defined in (a),
(b), (c), (d), or (e) is to participate in the management
or sales of lottery tickets or shares.
However, with respect to persons defined in (a), the
Department may grant any such person a license under this Act
when:
(1) a period of 5 years after the conviction or 3 years
since release from confinement, whichever is later; 1) at
least 10 years have elapsed since the date when the
sentence for the most recent such conviction was
satisfactorily completed;
(2) 2) the applicant has no history of criminal
activity subsequent to such conviction;
(2.5) the applicant completed their sentence
successfully and, for applicants serving a term of parole
or probation, the applicant's probation or parole officer
provides a progress report that documents the applicant's
compliance with conditions of supervision;
(3) (blank); and 3) the applicant has complied with all
conditions of probation, conditional discharge,
supervision, parole or mandatory supervised release; and
(4) 4) the applicant presents at least 3 letters of
recommendation from responsible citizens in his community
who personally can attest that the character and attitude

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of the applicant indicate that he is unlikely to commit
another crime or the applicant provides other 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.
The Department may revoke, without notice or a hearing, the
license of any agent who violates this Act or any rule or
regulation promulgated pursuant to this Act. However, if the
Department does revoke a license without notice and an
opportunity for a hearing, the Department shall, by appropriate
notice, afford the person whose license has been revoked an
opportunity for a hearing within 30 days after the revocation
order has been issued. As a result of any such hearing, the
Department may confirm its action in revoking the license, or
it may order the restoration of such license.
(Source: P.A. 97-464, eff. 10-15-11.)
(20 ILCS 1605/10.1b new)
Sec. 10.1b. Applicant convictions.
(a) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the
Department refuses to issue a license to an applicant, then the

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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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(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 and renewal license
applications during the preceding calendar year. Each report
shall show at minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license

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under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(c) The Department 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 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.

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(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 10. The Criminal Identification Act is amended by
changing Sections 12 and 13 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, certification,
registration, or licensure must contain specific language
which states that the applicant is not obligated to disclose
sealed or expunged records of conviction or arrest. Employers

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and entities authorized to grant professional licenses,
certification, or registration 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.)
(20 ILCS 2630/13)
Sec. 13. Retention and release of sealed records.
(a) The Department of State Police shall retain records
sealed under subsection (c) or (e-5) of Section 5.2 or
impounded under subparagraph (B) or (B-5) of paragraph (9) of
subsection (d) of Section 5.2 and shall release them only as
authorized by this Act. Felony records sealed under subsection
(c) or (e-5) of Section 5.2 or impounded under subparagraph (B)
or (B-5) of paragraph (9) of subsection (d) of Section 5.2
shall be used and disseminated by the Department only as
otherwise specifically required or authorized by a federal or
State law, rule, or regulation that requires inquiry into and

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release of criminal records, including, but not limited to,
subsection (A) of Section 3 of this Act, except these records
shall not be used or disseminated in connection with an
application for any professional or business licensure,
registration, or certification not involving a health care
worker position, as defined in the Health Care Worker
Self-Referral Act. However, all requests for records that have
been expunged, sealed, and impounded and the use of those
records are subject to the provisions of Section 2-103 of the
Illinois Human Rights Act. Upon conviction for any offense, the
Department of Corrections shall have access to all sealed
records of the Department pertaining to that individual.
(b) Notwithstanding the foregoing, all sealed or impounded
records are subject to inspection and use by the court and
inspection and use by law enforcement agencies and State's
Attorneys or other prosecutors in carrying out the duties of
their offices.
(c) The sealed or impounded records maintained under
subsection (a) are exempt from disclosure under the Freedom of
Information Act.
(d) The Department of State Police shall commence the
sealing of records of felony arrests and felony convictions
pursuant to the provisions of subsection (c) of Section 5.2 of
this Act no later than one year from the date that funds have
been made available for purposes of establishing the
technologies necessary to implement the changes made by this

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amendatory Act of the 93rd General Assembly.
(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
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

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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;

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(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;
(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,

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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

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(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

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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

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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;
(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

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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.

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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

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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
(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.

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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

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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

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(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 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 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;
(3) a corporation, if any officer, manager, or director

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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

HB3822 - 23 - LRB100 08546 SMS 18671 b
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

HB3822 - 24 - LRB100 08546 SMS 18671 b
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, court records, and conviction
records of an individual who was 17 years old at the time

HB3822 - 25 - LRB100 08546 SMS 18671 b
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 determining whether to grant a license or permit
to an applicant with a prior conviction of a felony, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record
including any of the following:
(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 state 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;

HB3822 - 26 - LRB100 08546 SMS 18671 b
(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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice regulated under this
Act. 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

HB3822 - 27 - LRB100 08546 SMS 18671 b
license or permit;
(2) a list of the conviction items that formed the sole
or partial basis for the refusal to issue a license or
permit;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license or permit
specific to the evidence presented in mitigation of
conviction items that formed the partial or sole basis for
the Department's decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license or permit, 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 minimum:
(1) the number of applicants for new or renewal license
or permit under this Act within the previous calendar year;
(2) the number of applicants for 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 new or renewal license
or permit under this Act in the previous calendar year who
were granted a license or permit;

HB3822 - 28 - LRB100 08546 SMS 18671 b
(4) the number of applicants for 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 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 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 probationary licenses or permits
without monitoring issued under this Act in the previous
calendar year to applicants with criminal conviction; and
(8) the number of probationary licenses or permits with
monitoring issued under this Act in the previous calendar
year to applicants with criminal 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

HB3822 - 29 - LRB100 08546 SMS 18671 b
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)

HB3822 - 30 - LRB100 08546 SMS 18671 b
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
Juvenile Court Act of 1987.
(2) Law enforcement, 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) When determining whether to grant a license to an
applicant with a prior conviction of a felony, the county board
shall consider any evidence of rehabilitation and mitigating

HB3822 - 31 - LRB100 08546 SMS 18671 b
factors contained in the applicant's record including any of
the following:
(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 state 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

HB3822 - 32 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the county board to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice regulated under this
Act. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the county
board's decision; and
(5) a summary of the appeal process or the earliest the

HB3822 - 33 - LRB100 08546 SMS 18671 b
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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without

HB3822 - 34 - LRB100 08546 SMS 18671 b
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 25. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.50 and by adding Section
3.51 as follows:
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Services personnel licensure
levels.
(a) "Emergency Medical Technician" or "EMT" means a person
who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is

HB3822 - 35 - LRB100 08546 SMS 18671 b
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.
(b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in basic
and limited advanced emergency medical care as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
(c) "Paramedic (EMT-P)" means a person who has successfully
completed a course in advanced life support care as approved by
the Department, is licensed by the Department in accordance
with standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System. A valid Emergency Medical
Technician-Paramedic (EMT-P) license issued under this Act
shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
(c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency

HB3822 - 36 - LRB100 08546 SMS 18671 b
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides
services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
On the effective date of this amendatory Act of the 98th
General Assembly, a person who is licensed by the Department as
a First Responder and has completed a Department-approved
course in first responder defibrillator training based on, or
equivalent to, the National EMS Educational Standards or other
standards previously recognized by the Department shall be
eligible for licensure as an Emergency Medical Responder upon
meeting the licensure requirements and submitting an
application to the Department. A valid First Responder license
issued under this Act shall continue to be valid and shall be
recognized as an Emergency Medical Responder license until the
First Responder license expires.
(c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.

HB3822 - 37 - LRB100 08546 SMS 18671 b
(d) The Department shall have the authority and
responsibility to:
(1) Prescribe education and training requirements,
which includes training in the use of epinephrine, for all
levels of EMS personnel except for EMRs, based on the
National EMS Educational Standards and any modifications
to those curricula specified by the Department through
rules adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMS personnel, which shall include a requirement
that all phases of instruction, training, and field
experience be completed before taking the appropriate
licensure examination. Candidates may elect to take the
appropriate National Registry examination in lieu of the
Department's examination, but are responsible for making
their own arrangements for taking the National Registry
examination. In prescribing licensure testing requirements
for honorably discharged members of the armed forces of the
United States under this paragraph (2), the Department
shall ensure that a candidate's military emergency medical
training, emergency medical curriculum completed, and
clinical experience, as described in paragraph (2.5), are
recognized.
(2.5) Review applications for EMS personnel licensure
from honorably discharged members of the armed forces of
the United States with military emergency medical

HB3822 - 38 - LRB100 08546 SMS 18671 b
training. Applications shall be filed with the Department
within one year after military discharge and shall contain:
(i) proof of successful completion of military emergency
medical training; (ii) a detailed description of the
emergency medical curriculum completed; and (iii) a
detailed description of the applicant's clinical
experience. The Department may request additional and
clarifying information. The Department shall evaluate the
application, including the applicant's training and
experience, consistent with the standards set forth under
subsections (a), (b), (c), and (d) of Section 3.10. If the
application clearly demonstrates that the training and
experience meets such standards, the Department shall
offer the applicant the opportunity to successfully
complete a Department-approved EMS personnel examination
for the level of license for which the applicant is
qualified. Upon passage of an examination, the Department
shall issue a license, which shall be subject to all
provisions of this Act that are otherwise applicable to the
level of EMS personnel license issued.
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
or Paramedic who have met the Department's education,
training and examination requirements.
(4) Prescribe annual continuing education and
relicensure requirements for all EMS personnel licensure
levels.

HB3822 - 39 - LRB100 08546 SMS 18671 b
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
A-EMT, or Paramedic every 4 years, based on their
compliance with continuing education and relicensure
requirements as required by the Department pursuant to this
Act. Every 4 years, a Paramedic shall have 100 hours of
approved continuing education, an EMT-I and an advanced EMT
shall have 80 hours of approved continuing education, and
an EMT shall have 60 hours of approved continuing
education. An Illinois licensed EMR, EMD, EMT, EMT-I,
A-EMT, Paramedic, ECRN, or PHRN whose license has been
expired for less than 36 months may apply for reinstatement
by the Department. Reinstatement shall require that the
applicant (i) submit satisfactory proof of completion of
continuing medical education and clinical requirements to
be prescribed by the Department in an administrative rule;
(ii) submit a positive recommendation from an Illinois EMS
Medical Director attesting to the applicant's
qualifications for retesting; and (iii) pass a Department
approved test for the level of EMS personnel license sought
to be reinstated.
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
standards and procedures established by the Department in
rules adopted pursuant to this Act.
(7) Charge a fee for EMS personnel examination,
licensure, and license renewal.

HB3822 - 40 - LRB100 08546 SMS 18671 b
(8) Suspend, revoke, or refuse to issue or renew the
license of any licensee, after an opportunity for an
impartial hearing before a neutral administrative law
judge appointed by the Director, where the preponderance of
the evidence shows one or more of the following:
(A) The licensee has not met continuing education
or relicensure requirements as prescribed by the
Department;
(B) The licensee has failed to maintain
proficiency in the level of skills for which he or she
is licensed;
(C) The licensee, during the provision of medical
services, engaged in dishonorable, unethical, or
unprofessional conduct of a character likely to
deceive, defraud, or harm the public;
(D) The licensee has failed to maintain or has
violated standards of performance and conduct as
prescribed by the Department in rules adopted pursuant
to this Act or his or her EMS System's Program Plan;
(E) The licensee is physically impaired to the
extent that he or she cannot physically perform the
skills and functions for which he or she is licensed,
as verified by a physician, unless the person is on
inactive status pursuant to Department regulations;
(F) The licensee is mentally impaired to the extent
that he or she cannot exercise the appropriate

HB3822 - 41 - LRB100 08546 SMS 18671 b
judgment, skill and safety for performing the
functions for which he or she is licensed, as verified
by a physician, unless the person is on inactive status
pursuant to Department regulations;
(G) The licensee has violated this Act or any rule
adopted by the Department pursuant to this Act; or
(H) The licensee has been convicted (or entered a
plea of guilty or nolo-contendere) by a court of
competent jurisdiction of a Class X, Class 1, or Class
2 felony in this State or an out-of-state equivalent
offense. For applicants, the Department shall consider
prior convictions in accordance with Section 3.51 of
this Act.
(9) Prescribe education and training requirements in
the administration and use of opioid antagonists for all
levels of EMS personnel based on the National EMS
Educational Standards and any modifications to those
curricula specified by the Department through rules
adopted pursuant to this Act.
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
PHRN who is a member of the Illinois National Guard or an
Illinois State Trooper or who exclusively serves as a volunteer
for units of local government with a population base of less
than 5,000 or as a volunteer for a not-for-profit organization
that serves a service area with a population base of less than
5,000 may submit an application to the Department for a waiver

HB3822 - 42 - LRB100 08546 SMS 18671 b
of the fees described under paragraph (7) of subsection (d) of
this Section on a form prescribed by the Department.
The education requirements prescribed by the Department
under this Section must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
(e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts
with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
eff. 8-15-14; 99-480, eff. 9-9-15.)
(210 ILCS 50/3.51 new)
Sec. 3.51. Applicant convictions.
(a) The Department shall not request information from the

HB3822 - 43 - LRB100 08546 SMS 18671 b
applicant about the following, 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 705 ILCS 405/5-120 subject to the restrictions
set forth in 705 ILCS 405/5-130.
(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 of an offense other than Class X,
Class 1 and Class 2 felony not followed by a conviction.
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
any aggravating or mitigating factors in connection with an
applicant's prior conviction for a Class X, Class 1 or
Class 2 felony.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose of determining whether
to grant a license, a prior conviction or entry of a plea of
guilty or nolo-contendere of a Class X, Class 1 or Class 2
felony of an applicant, the Department shall consider any

HB3822 - 44 - LRB100 08546 SMS 18671 b
evidence of rehabilitation and mitigating factors contained in
the applicant's record and the risk that an applicant's
conviction history may present to patients. The factors may
include the following:
(1) whether the conviction involved theft, deception
or infliction of intention, unjustified harm to others and
suggests a propensity that may pose a threat to the public
in stressful situation commonly confronted by EMS
providers and First Responders;
(2) the length of time since the conviction, the
severity of the penalty imposed and successful completion
of sentence;
(3) if the applicant was previously licensed or
employed in this State or other state 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) whether the applicant's conviction history
suggests a particular pattern of overall disregard for the
safety or property of others;
(6) any other 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

HB3822 - 45 - LRB100 08546 SMS 18671 b
certificate of relief from disabilities under Section
5-5.5-10 of the Unified Code of Corrections;
(7) any other mitigating factors that contribute to the
person's potential and current ability to perform the job
duties; and
(8) other unusual facts and circumstance that strongly
suggest the applicant should not be granted a license.
(d) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.

HB3822 - 46 - LRB100 08546 SMS 18671 b
Section 30. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 and by adding
Section 9A.1 as follows:
(225 ILCS 20/9A.1 new)
Sec. 9A.1. Applicant Convictions.
(a) The Department and the Board shall not require
applicants to report information about the following 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
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.

HB3822 - 47 - LRB100 08546 SMS 18671 b
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) Except as provided in Section 2105-165 of the
Department of Professional Regulation Law, when determining
whether to grant a license to an applicant with a prior
conviction of a felony or of a misdemeanor directly related to
the practice of the profession, the Department shall consider
any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following:
(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 state 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

HB3822 - 48 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice requiring a license. 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 formed the sole or

HB3822 - 49 - LRB100 08546 SMS 18671 b
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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;

HB3822 - 50 - LRB100 08546 SMS 18671 b
(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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2018)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
censure, reprimand, or take other disciplinary or
non-disciplinary action deemed appropriate by the Department,
including the imposition of fines not to exceed $10,000 for
each violation, with regard to any license issued under the
provisions of this Act for any one or a combination of the
following reasons:
(a) material misstatements of fact in furnishing

HB3822 - 51 - LRB100 08546 SMS 18671 b
information to the Department or to any other State agency
or in furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) for licensees, conviction of or entry of a plea of
guilty or nolo contendere to any crime that is a felony
under the laws of the United States or any state or
territory thereof or that is a misdemeanor, of which an
essential element is dishonesty, or any crime that is
directly related to the practice of the clinical social
work or social work professions; provisions set forth in
Section 9A.1 apply for applicants;
(d) making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or any of the rules promulgated hereunder;
(e) professional incompetence;
(f) malpractice;
(g) aiding or assisting another person in violating any
provision of this Act or any rules;
(h) failing to provide information within 30 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct

HB3822 - 52 - LRB100 08546 SMS 18671 b
adopted by the Board and published by the Department;
(j) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a clinical social worker's or social
worker's inability to practice with reasonable judgment,
skill, or safety;
(k) discipline by another jurisdiction, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(l) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (l) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (l) shall be construed to require
an employment arrangement to receive professional fees for
services rendered;
(m) a finding by the Board that the licensee, after

HB3822 - 53 - LRB100 08546 SMS 18671 b
having the license placed on probationary status, has
violated the terms of probation;
(n) abandonment, without cause, of a client;
(o) wilfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with Federal or State agencies or
departments;
(p) wilfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Reporting Act;
(q) 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 or failed to take reasonable steps to prevent
a child from being an abused child or neglected child as
defined in the Abused and Neglected Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising; or
(t) violation of the Health Care Worker Self-Referral
Act.

HB3822 - 54 - LRB100 08546 SMS 18671 b
(2) (Blank).
(3) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code, will
result in an automatic suspension of his license. Such
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume professional
practice.
(4) The Department may refuse to issue or renew or may
suspend the license of a person who (i) 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 requirements of the tax Act are satisfied or
(ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(5) In enforcing this Section, the Board upon a showing of
a possible violation may compel a person licensed to practice
under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be

HB3822 - 55 - LRB100 08546 SMS 18671 b
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this 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 person to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Board finds, after
notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board, as a condition,
term, or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling or
treatment, the Board may recommend to the Department to file a
complaint to immediately suspend, revoke or otherwise
discipline the license of the person. Any person 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

HB3822 - 56 - LRB100 08546 SMS 18671 b
restrictions, shall be referred to the Secretary for a
determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Board within 30 days after the
suspension and completed without appreciable delay. The Board
shall have the authority to review the subject person's record
of treatment and counseling regarding the impairment, to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board 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. 98-756, eff. 7-16-14.)
Section 35. The Dietitian Nutritionist Practice Act is
amended by changing Section 95 and by adding Section 96 as
follows:
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
(Section scheduled to be repealed on January 1, 2023)
Sec. 95. Grounds for discipline.

HB3822 - 57 - LRB100 08546 SMS 18671 b
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any license or
certificate for any one or combination of the following causes:
(a) Material misstatement in furnishing information to
the Department.
(b) Violations of this Act or of rules adopted under
this Act.
(c) For licensees, conviction Conviction by plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or by sentencing of any crime,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States (i) that is a felony or (ii) that is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of the
profession. For applicants, provisions set forth in
Section 96 apply.
(d) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(e) Professional incompetence or gross negligence.
(f) Malpractice.

HB3822 - 58 - LRB100 08546 SMS 18671 b
(g) Aiding or assisting another person in violating any
provision of this Act or its rules.
(h) Failing to provide information within 60 days in
response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(j) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety.
(k) Discipline by another state, the District of
Columbia, territory, country, or governmental agency if at
least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(l) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered. Nothing in this
paragraph (1) affects any bona fide independent contractor
or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.

HB3822 - 59 - LRB100 08546 SMS 18671 b
Nothing in this paragraph (1) shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(n) Willfully making or filing false records or reports
in his or her practice, including, but not limited to,
false records filed with State agencies or departments.
(o) Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.
(p) Practicing under a false or, except as provided by
law, an assumed name.
(q) Gross and willful overcharging for professional
services.
(r) (Blank).
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(t) Cheating on or attempting to subvert a licensing
examination administered under this Act.
(u) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(v) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor

HB3822 - 60 - LRB100 08546 SMS 18671 b
skill that results in a licensee's inability to practice
under this Act with reasonable judgment, skill, or safety.
(w) Advising an individual to discontinue, reduce,
increase, or otherwise alter the intake of a drug
prescribed by a physician licensed to practice medicine in
all its branches or by a prescriber as defined in Section
102 of the Illinois Controlled Substances Act.
(2) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or 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 in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(3) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(4) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential

HB3822 - 61 - LRB100 08546 SMS 18671 b
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(5) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension shall
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(6) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice 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 Department. The
Department 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

HB3822 - 62 - LRB100 08546 SMS 18671 b
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. 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. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, then the Department may file a
complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license

HB3822 - 63 - LRB100 08546 SMS 18671 b
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, 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
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 federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department 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. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
98-756, eff. 7-16-14.)
(225 ILCS 30/96 new)
Sec. 96. Applicant convictions.
(a) The Department 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 licensure:

HB3822 - 64 - LRB100 08546 SMS 18671 b
(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
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.
(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 or a misdemeanor directly related to
the practice of the profession of an applicant, the Department
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,

HB3822 - 65 - LRB100 08546 SMS 18671 b
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 state 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) 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

HB3822 - 66 - LRB100 08546 SMS 18671 b
person's potential and current ability to perform the
duties and responsibilities of the position for which a
license or employment is sought.
(c) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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

HB3822 - 67 - LRB100 08546 SMS 18671 b
shall show at 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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.

HB3822 - 68 - LRB100 08546 SMS 18671 b
Section 40. The Environmental Health Practitioner
Licensing Act is amended by changing Section 35 and by adding
Section 32 as follows:
(225 ILCS 37/32 new)
Sec. 32. Applicant convictions.
(a) The Department 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 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
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.
(4) Convictions overturned by a higher court.

HB3822 - 69 - LRB100 08546 SMS 18671 b
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose of determining whether
to grant a license, a conviction of any misdemeanor directly
related to the practice of the profession or of any felony of
the applicant, the Department shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(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 state 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

HB3822 - 70 - LRB100 08546 SMS 18671 b
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
(9) 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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;

HB3822 - 71 - LRB100 08546 SMS 18671 b
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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;

HB3822 - 72 - LRB100 08546 SMS 18671 b
(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;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 37/35)
(Section scheduled to be repealed on January 1, 2019)
Sec. 35. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action with regard to any license issued under
this Act as the Department may consider proper, including the
imposition of fines not to exceed $5,000 for each violation,
for any one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) For licensees, conviction Conviction of any felony
under the laws of any U.S. jurisdiction, any misdemeanor an
essential element of which is dishonesty, or any crime that

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is directly related to the practice of the profession and,
for applicants only, convictions set forth in Section 32 of
this Act may be grounds for refusing to issue a license.
(4) Making any misrepresentation for the purpose of
obtaining a certificate of registration.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing to provide information within 60 days in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rules of the
Department.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in an environmental health practitioner's
inability to practice with reasonable judgment, skill, or
safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a
discipline is the same or substantially equivalent to those
set forth in this Act.
(11) A finding by the Department that the registrant,
after having his or her license placed on probationary
status, has violated the terms of probation.

HB3822 - 74 - LRB100 08546 SMS 18671 b
(12) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(13) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skills that result in the inability to practice the
profession with reasonable judgment, skill, or safety.
(14) Failure to comply with rules promulgated by the
Illinois Department of Public Health or other State
agencies related to the practice of environmental health.
(15) The Department shall deny any application for a
license or renewal of a license under this Act, without
hearing, to a person who has defaulted on an educational
loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a license or
renewal of a license if the person in default has
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission.
(16) Solicitation of professional services by using
false or misleading advertising.
(17) A finding that the license has been applied for or
obtained by fraudulent means.
(18) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(19) Gross overcharging for professional services

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including filing statements for collection of fees or
moneys for which services are not rendered.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to (i) file a return, (ii) pay
the tax, penalty, or interest shown in a filed return; or (iii)
pay any final assessment of the tax, penalty, or interest as
required by any tax Act administered by the Illinois Department
of Revenue until the requirements of the tax Act are satisfied.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission to a
mental health facility as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension may end only upon a finding by a
court that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Director that the licensee be allowed to
resume practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any person licensed
to practice under this Act or who has applied for licensure or
certification pursuant to this Act to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Department. The
Department may order the examining physician to present

HB3822 - 76 - LRB100 08546 SMS 18671 b
testimony concerning this 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 person to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
Any person 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 person

HB3822 - 77 - LRB100 08546 SMS 18671 b
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 Section, 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
Department shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department 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. 92-837, eff. 8-22-02.)
Section 45. The Massage Licensing Act is amended by
changing Sections 15 and 45 and by adding Section 15.1 as
follows:
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be

HB3822 - 78 - LRB100 08546 SMS 18671 b
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or is a misdemeanor
or any crime that is directly related to the practice of
the profession and evidence of rehabilitation and
mitigating factors set forth in Section 15.1 of this Act.
Such a conviction shall not operate automatically as a
complete bar to a license, except in the case of any
conviction for prostitution, rape, or sexual misconduct,
or where the applicant is a registered sex offender.
(3) The applicant has met one of the following
requirements:
(A) has successfully completed a massage therapy
program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement
of 600 hours, and has passed a competency examination
approved by the Department;
(B) holds a current license from another

HB3822 - 79 - LRB100 08546 SMS 18671 b
jurisdiction having licensure requirements that
include the completion of a massage therapy program of
at least 500 hours; or
(C) (blank).
(b) Each applicant for licensure as a massage therapist
shall have his or her fingerprints submitted to the Department
of State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Department of State
Police. These fingerprints shall be checked against the
Department of State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed. The
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department, 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 Department may adopt any rules necessary to
implement this Section.
(Source: P.A. 97-514, eff. 8-23-11.)

HB3822 - 80 - LRB100 08546 SMS 18671 b
(225 ILCS 57/15.1 new)
Sec. 15.1. Applicant convictions.
(a) The Department 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 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
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.
(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

HB3822 - 81 - LRB100 08546 SMS 18671 b
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.
When reviewing, for the purpose of determining moral character
or licensure, a conviction of any felony or a misdemeanor
directly related to the practice of the profession, except of
an offense related to prostitution, rape, or sexual misconduct,
or where the applicant is a registered sex offender, by plea of
guilty or nolo contendere, finding of guilt, jury verdict, or
entry of judgment or by sentencing of an applicant, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following:
(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 not
involving prostitution, rape, or sexual misconduct, or
requiring registration as a sex offender, 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 state or jurisdictions,
then the lack of prior misconduct arising from or related
to the licensed position or position of employment;

HB3822 - 82 - LRB100 08546 SMS 18671 b
(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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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:

HB3822 - 83 - LRB100 08546 SMS 18671 b
(1) a statement about the decision to refuse to issue a
license;
(2) a list of the conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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;

HB3822 - 84 - LRB100 08546 SMS 18671 b
(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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not to
exceed $10,000 for each violation, with regard to any license
or licensee for any one or more of the following:

HB3822 - 85 - LRB100 08546 SMS 18671 b
(1) violations of this Act or of the rules adopted
under this Act;
(2) for licensees, conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of any crime, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation, under the laws of any jurisdiction of the United
States: (i) that is a felony; or (ii) that is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of the
profession; for applicants, provisions set forth in
Section 15.1 apply;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;

HB3822 - 86 - LRB100 08546 SMS 18671 b
(8) practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to
know that he or she is not competent to perform;
(9) knowingly delegating professional responsibilities
to a person unqualified by training, experience, or
licensure to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or addiction
to alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, 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;
(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or departments;

HB3822 - 87 - LRB100 08546 SMS 18671 b
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided by
law, an assumed name; or
(21) cheating on or attempting to subvert the licensing
examination administered under this Act.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage therapy

HB3822 - 88 - LRB100 08546 SMS 18671 b
contrary to any rules or provisions of this Act. A person
violating this subsection (b) shall be treated as a licensee
for the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in
Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax 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 the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of

HB3822 - 89 - LRB100 08546 SMS 18671 b
Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice 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
Department. The Department or Board may order the examining

HB3822 - 90 - LRB100 08546 SMS 18671 b
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
examining physicians shall be specifically designated by the
Board or Department. 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. The examination
shall be performed by a physician licensed to practice medicine
in all its branches. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the

HB3822 - 91 - LRB100 08546 SMS 18671 b
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, 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
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board 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. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
Section 50. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 25 and adding
Section 8.2 as follows:

HB3822 - 92 - LRB100 08546 SMS 18671 b
(225 ILCS 115/8.2 new)
Sec. 8.2. Applicant convictions.
(a) The Department shall not require the applicant to
report information about the following and shall not consider
the following criminal history records in connection with an
application for a license or 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
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.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When determining whether to grant a license or
certification to an applicant with a prior conviction of any

HB3822 - 93 - LRB100 08546 SMS 18671 b
felony or a misdemeanor directly related to the practice of the
profession, the Department shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(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 certificate 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 state 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

HB3822 - 94 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice requiring a license or
certification. If the Department refuses to grant a license or
certification 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 certification;
(2) a list of the convictions that formed the sole or
partial basis for the refusal to issue a license or
certification;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license or
certification specific to the evidence presented in

HB3822 - 95 - LRB100 08546 SMS 18671 b
mitigation of conviction items that formed the partial or
sole basis for the Department's decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license or certification,
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 minimum:
(1) the number of applicants for a new or renewal
license or certification under this Act within the previous
calendar year;
(2) the number of applicants for a new or renewal
license or certification 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 certification under this Act in the previous
calendar year who were granted a license or certification;
(4) the number of applicants for a new or renewal
license or certification with a criminal conviction who
were granted a license or certification under this Act
within the previous calendar year;
(5) the number of applicants for a new or renewal
license or certification under this Act within the previous
calendar year who were denied a license or certification;

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(6) the number of applicants for new or renewal license
or certification with a criminal conviction who were denied
a license or certification under this Act in the previous
calendar year in part or in whole because of a prior
conviction;
(7) the number of probationary licenses or
certification without monitoring issued under this Act in
the previous calendar year to applicants with a criminal
conviction; and
(8) the number of probationary licenses or
certification with monitoring issued under this Act in the
previous calendar year to applicants with criminal
conviction.
(225 ILCS 115/25) (from Ch. 111, par. 7025)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25. Disciplinary actions.
1. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 25.3 of this Act, with regard to any
license or certificate for any one or combination of the
following:
A. Material misstatement in furnishing information to

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the Department.
B. Violations of this Act, or of the rules adopted
pursuant to this Act.
C. For licensees, conviction Conviction by plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or by sentencing of any crime,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States that is (i) a felony or (ii) a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of the
profession and, for applicants, provisions set forth in
Section 8.2 apply.
D. Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
E. Professional incompetence.
F. Malpractice.
G. Aiding or assisting another person in violating any
provision of this Act or rules.
H. Failing, within 60 days, to provide information in
response to a written request made by the Department.
I. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.

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J. Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety.
K. Discipline by another state, unit of government,
government agency, District of Columbia, territory, or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.
L. Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
M. A finding by the Board that the licensee or
certificate holder, after having his license or
certificate placed on probationary status, has violated
the terms of probation.
N. Willfully making or filing false records or reports
in his practice, including but not limited to false records
filed with State agencies or departments.
O. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill, or safety.
P. Solicitation of professional services other than
permitted advertising.
Q. Allowing one's license under this Act to be used by

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an unlicensed person in violation of this Act.
R. Conviction of or cash compromise of a charge or
violation of the Harrison Act or the Illinois Controlled
Substances Act, regulating narcotics.
S. Fraud or dishonesty in applying, treating, or
reporting on tuberculin or other biological tests.
T. Failing to report, as required by law, or making
false report of any contagious or infectious diseases.
U. Fraudulent use or misuse of any health certificate,
shipping certificate, brand inspection certificate, or
other blank forms used in practice that might lead to the
dissemination of disease or the transportation of diseased
animals dead or alive; or dilatory methods, willful
neglect, or misrepresentation in the inspection of milk,
meat, poultry, and the by-products thereof.
V. Conviction on a charge of cruelty to animals.
W. Failure to keep one's premises and all equipment
therein in a clean and sanitary condition.
X. Failure to provide satisfactory proof of having
participated in approved continuing education programs.
Y. Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
Z. Conviction by any court of competent jurisdiction,
either within or outside this State, of any violation of
any law governing the practice of veterinary medicine, if

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the Department determines, after investigation, that the
person has not been sufficiently rehabilitated to warrant
the public trust.
AA. Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the
veterinarian.
BB. Gross, willful, or continued overcharging for
professional services.
CC. Practicing under a false or, except as provided by
law, an assumed name.
DD. Violating state or federal laws or regulations
relating to controlled substances or legend drugs.
EE. Cheating on or attempting to subvert the licensing
examination administered under this Act.
FF. Using, prescribing, or selling a prescription drug
or the extra-label use of a prescription drug by any means
in the absence of a valid veterinarian-client-patient
relationship.
GG. Failing to report a case of suspected aggravated
cruelty, torture, or animal fighting pursuant to Section
3.07 or 4.01 of the Humane Care for Animals Act or Section
26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
Code of 2012.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine

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or in accordance with the terms set forth in the order imposing
the fine.
2. The determination by a circuit court that a licensee or
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient. In any case where a license is
suspended under this provision, the licensee shall file a
petition for restoration and shall include evidence acceptable
to the Department that the licensee can resume practice in
compliance with acceptable and prevailing standards of his or
her profession.
3. All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license or
certificate on any of the foregoing grounds, must be commenced
within 5 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order
for any of the acts described in this Section. Except for
proceedings brought for violations of items (CC), (DD), or
(EE), no action shall be commenced more than 5 years after the
date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause

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of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, the
claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act
was negligent in providing care, the Department shall have an
additional period of one year from the date of the settlement
or final judgment in which to investigate and begin formal
disciplinary proceedings under Section 25.2 of this Act, except
as otherwise provided by law. The time during which the holder
of the license or certificate was outside the State of Illinois
shall not be included within any period of time limiting the
commencement of disciplinary action by the Department.
4. The Department may refuse to issue or may suspend
without hearing, as provided for in the Illinois Code of Civil
Procedure, 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 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 in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
5. In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination

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or evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team

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to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the registrant or applicant ordered to
undergo an evaluation and examination for the examining
physician or any member of the multidisciplinary team to
provide information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. 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 the examination.
Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall result
in an automatic suspension without hearing, until such time as
the individual submits to the examination. If the Department
finds a registrant unable to practice because of the reasons
set forth in this Section, the Department shall require such
registrant to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed registration.

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In instances in which the Secretary immediately suspends a
registration under this Section, a hearing upon such person's
registration must be convened by the Department within 15 days
after such suspension and completed without appreciable delay.
The Department shall have the authority to review the
registrant's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
Individuals registered under this Act who are affected
under this Section, shall be afforded an opportunity to
demonstrate to the Department that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their registration.
6. The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
7. In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or

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may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
Section 55. 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.

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(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

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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.

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(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

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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, has
been sufficiently rehabilitated following the conviction.
(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,

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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, has
been sufficiently rehabilitated following the conviction.
(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

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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

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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 of within the previous five years of
the applicant, the Office shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(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 state 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

HB3822 - 114 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Office to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;

HB3822 - 115 - LRB100 08546 SMS 18671 b
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Office's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;

HB3822 - 116 - LRB100 08546 SMS 18671 b
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 60. 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

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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 the certified, 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 applicants, provisions set forth in Section 1005-1
apply;
(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.

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(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, for the purpose of determining whether
to grant a certificate, a conviction of any felony of an

HB3822 - 119 - LRB100 08546 SMS 18671 b
applicant, the Agency shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(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 state 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

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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) It is the affirmative obligation of the Agency to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the certified practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a certificate;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a certificate
specific to the evidence presented in mitigation of
conviction items that formed the partial or sole basis for
the Agency's decision; and
(5) a summary of the appeal process or the earliest the

HB3822 - 121 - LRB100 08546 SMS 18671 b
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 minimum:
(1) the number of applicants for new or renewal
certification under this Act within the previous calendar
year;
(2) the number of applicants for new or renewal
certification under this Act within the previous calendar
year who had any criminal conviction;
(3) the number of applicants for new or renewal
certification under this Act in the previous calendar year
who were granted a license;
(4) the number of applicants for 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 new or renewal
certification under this Act within the previous calendar
year who were denied certification;
(6) the number of applicants for new or renewal with a
criminal conviction who were denied certification under
this Act in the previous calendar year in whole or in part

HB3822 - 122 - LRB100 08546 SMS 18671 b
because of a prior conviction;
(7) the number of probationary certification without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary certification with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 65. The Interior Design Title Act is amended by
changing Section 13 and by adding Section 13.5 as follows:
(225 ILCS 310/13) (from Ch. 111, par. 8213)
(Section scheduled to be repealed on January 1, 2022)
Sec. 13. Refusal, revocation or suspension of
registration. The Department may refuse to issue, renew, or
restore or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any registration for any one or
combination of the following causes:
(a) Fraud in procuring the certificate of
registration.
(b) Habitual intoxication or addiction to the use of
drugs.
(c) Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade, or induce

HB3822 - 123 - LRB100 08546 SMS 18671 b
patronage.
(d) Professional connection or association with, or
lending his or her name, to another for illegal use of the
title "registered interior designer", or professional
connection or association with any person, firm, or
corporation holding itself out in any manner contrary to
this Act.
(e) Obtaining or seeking to obtain checks, money, or
any other items of value by false or fraudulent
representations.
(f) Use of the title under a name other than his or her
own.
(g) Improper, unprofessional, or dishonorable conduct
of a character likely to deceive, defraud, or harm the
public.
(h) For licensees, conviction Conviction in this or
another state, or federal court, of any crime which is a
felony, if the Department determines, after investigation,
that such person has not been sufficiently rehabilitated to
warrant the public trust. For applicants, provisions set
forth in Section 13.5 apply.
(i) A violation of any provision of this Act or its
rules.
(j) Revocation by another state, the District of
Columbia, territory, or foreign nation of an interior
design or residential interior design registration if at

HB3822 - 124 - LRB100 08546 SMS 18671 b
least one of the grounds for that revocation is the same as
or the equivalent of one of the grounds for revocation set
forth in this Act.
(k) Mental incompetence as declared by a court of
competent jurisdiction.
(l) Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the registrant
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
The Department shall deny a registration or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a certificate of
registration or renewal if such person has established a
satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest showing 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 entry of a decree by any circuit court establishing

HB3822 - 125 - LRB100 08546 SMS 18671 b
that any person holding a certificate of registration under
this Act is a person subject to involuntary admission under the
Mental Health and Developmental Disabilities Code shall
operate as a suspension of that registration. That person may
resume using the title "registered interior designer" only upon
a finding by the Board that he or she has been determined to be
no longer subject to involuntary admission by the court and
upon the Board's recommendation to the Director that he or she
be permitted to resume using the title "registered interior
designer".
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
(225 ILCS 310/13.5 new)
Sec. 13.5. Applicant convictions.
(a) The Department 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 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

HB3822 - 126 - LRB100 08546 SMS 18671 b
tried as an adult.
(3) Records of arrest not followed by a conviction
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.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose determining whether to
grant a license, a conviction of any felony by plea of guilty
or nolo contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of an applicant, the Department shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following:
(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

HB3822 - 127 - LRB100 08546 SMS 18671 b
employed in this State or other state 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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the

HB3822 - 128 - LRB100 08546 SMS 18671 b
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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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;

HB3822 - 129 - LRB100 08546 SMS 18671 b
(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
part or in full because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 70. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Section 27 and by adding Section
12.5 as follows:
(225 ILCS 330/12.5 new)
Sec. 12.5. Applicant Convictions.

HB3822 - 130 - LRB100 08546 SMS 18671 b
(a) The Department 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
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.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) No applicant for license under this Act shall be denied
a license based on a finding of a lack of "good moral
character" when a finding is based on the fact that an
applicant was previously convicted of a criminal offense or

HB3822 - 131 - LRB100 08546 SMS 18671 b
offenses. When reviewing, for the purpose of determining moral
character or whether to grant a license, a conviction of any
felony or a misdemeanor directly related to the practice of the
profession, the Department shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(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 state 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

HB3822 - 132 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items

HB3822 - 133 - LRB100 08546 SMS 18671 b
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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

HB3822 - 134 - LRB100 08546 SMS 18671 b
license under this Act in the previous calendar year in
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 330/27) (from Ch. 111, par. 3277)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may place on probation or administrative supervision,
suspend, or revoke any license, or may reprimand or take any
disciplinary or non-disciplinary action as the Department may
deem proper, including the imposition of fines not to exceed
$10,000 per violation, upon any person, corporation,
partnership, or professional land surveying firm licensed or
registered under this Act for any of the following reasons:
(1) material misstatement in furnishing information to
the Department;
(2) violation, including, but not limited to, neglect
or intentional disregard, of this Act, or its rules;
(3) for licensees, conviction of, or entry of a plea of
guilty or nolo contendere to, any crime that is a felony

HB3822 - 135 - LRB100 08546 SMS 18671 b
under the laws of the United States or any state or
territory thereof or that is a misdemeanor of which an
essential element is dishonesty, or any crime that is
directly related to the practice of the profession; for
applicants, provisions set forth in Section 12.5 apply;
(4) making any misrepresentation for the purpose of
obtaining a license, or in applying for restoration or
renewal, or the practice of any fraud or deceit in taking
any examination to qualify for licensure under this Act;
(5) purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment;
(6) proof of carelessness, incompetence, negligence,
or misconduct in practicing land surveying;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) failing to provide information in response to a
written request made by the Department within 30 days after
receipt of such written request;
(9) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(10) inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of, or addiction to, alcohol, narcotics, stimulants or any
other chemical agent or drug;

HB3822 - 136 - LRB100 08546 SMS 18671 b
(11) discipline by the United States government,
another state, District of Columbia, territory, foreign
nation or government agency if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act;
(12) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered;
(12.5) issuing a map or plat of survey where the fee
for professional services is contingent on a real estate
transaction closing;
(13) a finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the Department
or a licensee whose license has been placed on probationary
status has violated the terms of probation;
(14) practicing on an expired, inactive, suspended, or
revoked license;
(15) signing, affixing the Professional Land
Surveyor's seal or permitting the Professional Land
Surveyor's seal to be affixed to any map or plat of survey
not prepared by the Professional Land Surveyor or under the
Professional Land Surveyor's direct supervision and
control;
(16) inability to practice the profession with

HB3822 - 137 - LRB100 08546 SMS 18671 b
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill or a mental illness or disability;
(17) (blank); or
(18) failure to adequately supervise or control land
surveying operations being performed by subordinates.
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure or certification pursuant to this Act, to submit to a
mental or physical examination, or both, as required by and at
the expense of the Department. The Department or Board 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 examining physicians shall be specifically designated by
the Board or Department. 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 the examination.
Failure of an individual to submit to a mental or physical
examination when directed shall be grounds for the immediate
suspension of his or her license until the individual submits
to the examination if the Department finds that the refusal to

HB3822 - 138 - LRB100 08546 SMS 18671 b
submit to the examination was without reasonable cause as
defined by rule.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a person's license
pursuant to the results of a compelled mental or physical
examination, 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 Department and
Board shall have the authority to review the subject
individual's record of treatment and counseling regarding
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic

HB3822 - 139 - LRB100 08546 SMS 18671 b
license suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and the issuance of
an order so finding and discharging the patient and upon the
recommendation of the Board to the Director that the licensee
be allowed to resume his or her practice.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department shall refuse to issue or renew or shall revoke or
suspend that person's license or shall take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

HB3822 - 140 - LRB100 08546 SMS 18671 b
(e) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
to file a return, 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
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(Source: P.A. 98-756, eff. 7-16-14.)
Section 75. 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

HB3822 - 141 - LRB100 08546 SMS 18671 b
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,
provisions set forth in Section 15.1 apply;
(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.)

HB3822 - 142 - LRB100 08546 SMS 18671 b
(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 705 ILCS 405/5-120 subject to the exclusions set
forth in 705 ILCS 405/5-130.
(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 of an offense unrelated to the
practice of the profession and not followed by a
conviction. 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 the applicant's rehabilitation.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose of determining whether
to grant a license, a conviction of any felony of an applicant,
the Department shall consider evidence of rehabilitation and

HB3822 - 143 - LRB100 08546 SMS 18671 b
mitigating factors contained in the applicant's record,
including the following:
(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 state 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

HB3822 - 144 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.

HB3822 - 145 - LRB100 08546 SMS 18671 b
(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 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
part or in full because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction;and the number

HB3822 - 146 - LRB100 08546 SMS 18671 b
of probationary licenses with monitoring issued under this
Act in the previous calendar year to applicants with
criminal conviction.
Section 80. The Illinois Athlete Agents Act is amended by
changing Section 75 and by adding Section 74 as follows:
(225 ILCS 401/74 new)
Sec. 74. Applicant convictions.
(a) The Department 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 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
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

HB3822 - 147 - LRB100 08546 SMS 18671 b
basis of a denial and may be used only to assess an
applicant's rehabilitation.
(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 misdemeanor directly related to the practice
of the profession or of any felony of the applicant, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following:
(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 state 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

HB3822 - 148 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole

HB3822 - 149 - LRB100 08546 SMS 18671 b
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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;

HB3822 - 150 - LRB100 08546 SMS 18671 b
(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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 401/75)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any license for any
one or combination of the following:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating this Act, or the rules adopted pursuant
to this Act.

HB3822 - 151 - LRB100 08546 SMS 18671 b
(3) For licensees, conviction Conviction of or entry of
a plea of guilty or nolo contendere, finding of guilt, jury
verdict, or entry of judgment or by sentencing of any
crime, including but not limited to convictions, preceding
sentences of supervision, conditional discharge or first
offender probation, to any crime that is a felony under the
laws of the United States or any state or territory thereof
or that is a misdemeanor of which as essential element is
dishonesty, or any crime that is directly related to the
practice of the profession. For applicants, provisions set
forth in Section 74 of this Act apply.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules adopted under this Act pertaining to
advertising.
(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill or safety as a result of habitual or excessive use or

HB3822 - 152 - LRB100 08546 SMS 18671 b
addiction to alcohol, narcotics, stimulants or any other
chemical agent or drug.
(11) Denial of any application as an athlete agent or
discipline by another state, District of Columbia,
territory, 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.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(13) Willfully making or filing false records or
reports in his or her practice, including but not limited
to, false records filed with State agencies or departments.
(14) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(15) Solicitation of professional services other than
permitted advertising.
(16) Conviction of or cash compromise of a charge or
violation of the Illinois Controlled Substances Act
regulating narcotics.
(17) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.

HB3822 - 153 - LRB100 08546 SMS 18671 b
(18) Practicing under a false or, except as provided by
law, an assumed name.
(19) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(20) Any instance in which the conduct of the applicant
or any person named pursuant to item (5) of subsection (a)
of Section 45 resulted in the imposition of a sanction,
suspension, or declaration of ineligibility to participate
in an interscholastic or intercollegiate athletic event on
a student-athlete or educational institution.
(21) Any instance in which the conduct of any person
named pursuant to item (5) of subsection (a) of Section 45
resulted in the denial of an application as an athlete
agent or discipline of a license as an athlete agent by
another state, District of Columbia, territory, 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.
(22) Committing any of the activities set forth in
subsection (b) of Section 175 of this Act.
(b) A person holding a license under this Act or has
applied for licensure under this Act who, because of a physical
or mental illness or disability, including but not limited to
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,

HB3822 - 154 - LRB100 08546 SMS 18671 b
skill, or safety may be required by the Department to submit to
care, counseling or treatment by physicians approved or
designated by the Department as a condition, term or
restriction for continued, reinstated or renewed licensure to
practice. Submission to care, counseling or treatment as
required by the Department shall not be considered discipline
of the license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, then the Department may file a
complaint to suspend, revoke, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
licensee is no longer subject to the involuntary admission or
judicial admission and issues an order so finding and
discharging the licensee; and upon review of the order by the
Secretary or his or her designee, the licensee may be allowed
to resume his or her practice.
(d) The Department may refuse to issue or may suspend
without hearing as provided for in the Code of Civil Procedure

HB3822 - 155 - LRB100 08546 SMS 18671 b
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 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.
(e) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice 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
Department. The Department 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 examining physicians shall be
specifically designated by the Department. 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 the
immediate suspension of his or her license until the individual
submits to the examination if the Department finds that the
refusal to submit to the examination was without reasonable
cause as defined by rule.

HB3822 - 156 - LRB100 08546 SMS 18671 b
In instances in which the Secretary immediately suspends a
person's license for his or her failure to submit to a mental
or physical examination, when directed, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay.
In instances in which the Secretary otherwise suspends a
person's license pursuant to the results of a compelled mental
or physical examination 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
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 federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department 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. 96-1030, eff. 1-1-11.)
Section 85. The Auction License Act is amended by changing
Section 20-15 and by adding Section 20-11 as follows:

HB3822 - 157 - LRB100 08546 SMS 18671 b
(225 ILCS 407/20-11 new)
Sec. 20-11. Applicant convictions.
(a) The Department shall not require the applicant to
report information about the following, 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
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.
(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, an
applicant's conviction of any felony or a misdemeanor that is

HB3822 - 158 - LRB100 08546 SMS 18671 b
directly related to the practice of the profession, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following:
(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 state 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

HB3822 - 159 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and

HB3822 - 160 - LRB100 08546 SMS 18671 b
(5) 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 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 new or renewal license
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants with a criminal conviction
who were granted a new or renewal 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 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;

HB3822 - 161 - LRB100 08546 SMS 18671 b
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal convictions; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal convictions.
(225 ILCS 407/20-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-15. Disciplinary actions; grounds. The Department
may refuse to issue or renew a license, may place on probation
or administrative supervision, suspend, or revoke any license
or may reprimand or take other disciplinary or non-disciplinary
action as the Department may deem proper, including the
imposition of fines not to exceed $10,000 for each violation
upon anyone licensed under this Act for any of the following
reasons:
(1) False or fraudulent representation or material
misstatement in furnishing information to the Department
in obtaining or seeking to obtain a license.
(2) Violation of any provision of this Act or the rules
promulgated pursuant to this Act.
(3) For licensees, conviction Conviction of or entry of
a plea of guilty or nolo contendere to any crime that is a
felony under the laws of the United States or any state or
territory thereof, or that is a misdemeanor, an essential

HB3822 - 162 - LRB100 08546 SMS 18671 b
element of which is dishonesty, or any crime that is
directly related to the practice of the profession. For
applicants, provisions set forth in Section 20-11 apply.
(4) Being adjudged to be a person under legal
disability or subject to involuntary admission or to meet
the standard for judicial admission as provided in the
Mental Health and Developmental Disabilities Code.
(5) Discipline of a licensee by another state, the
District of Columbia, a territory of the United States, a
foreign nation, a governmental agency, or any other entity
authorized to impose discipline if at least one of the
grounds for that discipline is the same as or the
equivalent to one of the grounds for discipline set forth
in this Act or for failing to report to the Department,
within 30 days, any adverse final action taken against the
licensee by any other licensing jurisdiction, government
agency, law enforcement agency, or court, or liability for
conduct that would constitute grounds for action as set
forth in this Act.
(6) Engaging in the practice of auctioneering,
conducting an auction, or providing an auction service
without a license or after the license was expired,
revoked, suspended, or terminated or while the license was
inoperative.
(7) Attempting to subvert or cheat on the auctioneer
exam or any continuing education exam, or aiding or

HB3822 - 163 - LRB100 08546 SMS 18671 b
abetting another to do the same.
(8) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional service not actually or personally rendered,
except that an auctioneer licensed under this Act may
receive a fee from another licensed auctioneer from this
State or jurisdiction for the referring of a client or
prospect for auction services to the licensed auctioneer.
(9) Making any substantial misrepresentation or
untruthful advertising.
(10) Making any false promises of a character likely to
influence, persuade, or induce.
(11) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through a
licensee, agent, employee, advertising, or otherwise.
(12) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any
auctioneer association or organization of which the
licensee is not a member.
(13) Commingling funds of others with his or her own
funds or failing to keep the funds of others in an escrow
or trustee account.
(14) Failure to account for, remit, or return any
moneys, property, or documents coming into his or her
possession that belong to others, acquired through the

HB3822 - 164 - LRB100 08546 SMS 18671 b
practice of auctioneering, conducting an auction, or
providing an auction service within 30 days of the written
request from the owner of said moneys, property, or
documents.
(15) Failure to maintain and deposit into a special
account, separate and apart from any personal or other
business accounts, all moneys belonging to others
entrusted to a licensee while acting as an auctioneer,
associate auctioneer, auction firm, or as a temporary
custodian of the funds of others.
(16) Failure to make available to Department personnel
during normal business hours all escrow and trustee records
and related documents maintained in connection with the
practice of auctioneering, conducting an auction, or
providing an auction service within 24 hours after a
request from Department personnel.
(17) Making or filing false records or reports in his
or her practice, including but not limited to false records
or reports filed with State agencies.
(18) Failing to voluntarily furnish copies of all
written instruments prepared by the auctioneer and signed
by all parties to all parties at the time of execution.
(19) Failing to provide information within 30 days in
response to a written request made by the Department.
(20) Engaging in any act that constitutes a violation
of Section 2-102, 3-103, or 3-105 of the Illinois Human

HB3822 - 165 - LRB100 08546 SMS 18671 b
Rights Act.
(21) (Blank).
(22) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(23) Offering or advertising real estate for sale or
lease at auction without a valid broker or managing
broker's license under the Real Estate License Act of 1983,
or any successor Act, unless exempt from licensure under
the terms of the Real Estate License Act of 2000, or any
successor Act, except as provided for in Section 5-32 of
the Real Estate License Act of 2000.
(24) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(25) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(26) 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

HB3822 - 166 - LRB100 08546 SMS 18671 b
Reporting Act.
(27) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(28) Wilfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
The entry of an order by a circuit court establishing that
any person holding a license under this Act is subject to
involuntary admission or judicial admission, as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient and
upon the Board's recommendation to the Department that the
license be restored. Where circumstances so indicate, the Board
may recommend to the Department that it require an examination
prior to restoring a suspended license.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or

HB3822 - 167 - LRB100 08546 SMS 18671 b
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to 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
Secretary 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 Secretary
immediately suspends a person's license under this Section, a
hearing on that person's license must be convened by the
Department within 21 days after the suspension and completed
without appreciable delay. The Department and Board shall have
the authority to review the subject individual's record of
treatment and counseling regarding the impairment to the extent
permitted by applicable federal statutes and regulations
safeguarding the confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
In enforcing this Section, the Department or Board, upon a

HB3822 - 168 - LRB100 08546 SMS 18671 b
showing of a possible violation, may compel an individual
licensed to practice 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
Department. The Department or Board 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
examining physicians shall be specifically designated by the
Board or Department. 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
Department finds that, after notice and hearing, the refusal to
submit to the examination was without reasonable cause.
(Source: P.A. 98-553, eff. 1-1-14.)
Section 90. The Electrologist Licensing Act is amended by
changing Section 75 and by adding Section 76 as follows:
(225 ILCS 412/75)
(Section scheduled to be repealed on January 1, 2024)

HB3822 - 169 - LRB100 08546 SMS 18671 b
Sec. 75. Grounds for discipline.
(a) The Department may refuse to issue or renew and may
revoke or suspend a license under this Act, and may place on
probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to any licensee under this
Act, as the Department may consider appropriate, including
imposing fines not to exceed $10,000 for each violation and
assess costs as provided for under Section 95 of this Act, for
one or any combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of this Act or rules adopted under this
Act.
(3) For licensees, conviction Conviction by plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or sentencing, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation, under the laws of any jurisdiction of the United
States that is (i) a felony or (ii) a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of electrology. For
applicants, provisions set forth in Section 76 of this Act
apply.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act, or in connection with

HB3822 - 170 - LRB100 08546 SMS 18671 b
applying for renewal of a license under this Act.
(5) Aiding or assisting another person in violating any
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(8) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in an electrologist's inability to
practice with reasonable judgment, skill, or safety.
(9) Discipline by another governmental agency, unit of
government, U.S. jurisdiction, or foreign nation if at
least one of the grounds for discipline is the same as or
substantially equivalent to any of those set forth in this
Act.
(10) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this paragraph (10) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements with health

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care providers may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (10) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(11) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(12) Abandonment of a patient.
(13) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records filed with State agencies or
departments.
(14) Mental or physical illness or disability,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(15) Negligence in his or her practice under this Act.
(16) Use of fraud, deception, or any unlawful means in
applying for and securing a license as an electrologist.
(17) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.

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(18) Failure to comply with standards of sterilization
and sanitation as defined in the rules of the Department.
(19) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) The Department may refuse to issue or renew or may
suspend without hearing 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 the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the filing of a petition for restoration
demonstrating fitness to practice.
(d) In enforcing this Section, the Department, upon a

HB3822 - 173 - LRB100 08546 SMS 18671 b
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or any individual who
has applied for licensure to submit to a mental or physical
examination and evaluation, or both, that may include a
substance abuse or sexual offender evaluation, at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,

HB3822 - 174 - LRB100 08546 SMS 18671 b
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. No authorization is necessary from the licensee or
applicant ordered to undergo an evaluation and examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the examination
and evaluation. 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 the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without hearing, until such
time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall require

HB3822 - 175 - LRB100 08546 SMS 18671 b
the licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure to
practice.
When the Secretary immediately suspends a license under
this Section, a hearing upon the person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
Individuals licensed under this Act affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their license.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential

HB3822 - 176 - LRB100 08546 SMS 18671 b
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(g) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 98-363, eff. 8-16-13.)
(225 ILCS 412/76 new)
Sec. 76. Applicant convictions.
(a) The Department 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 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.

HB3822 - 177 - LRB100 08546 SMS 18671 b
(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
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.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose of determining whether
to grant a license, a conviction of any felony by plea of
guilty or nolo contendere, finding of guilt, jury verdict, or
entry of judgment or by sentencing of an applicant, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following:
(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

HB3822 - 178 - LRB100 08546 SMS 18671 b
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 state 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

HB3822 - 179 - LRB100 08546 SMS 18671 b
license or employment is sought.
(c) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for a new or renewal

HB3822 - 180 - LRB100 08546 SMS 18671 b
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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 95. The Illinois Certified Shorthand Reporters Act
of 1984 is amended by changing Sections 11 and 23 and by adding

HB3822 - 181 - LRB100 08546 SMS 18671 b
Section 11.1 as follows:
(225 ILCS 415/11) (from Ch. 111, par. 6211)
(Section scheduled to be repealed on January 1, 2024)
Sec. 11. Qualifications; application. A person shall be
qualified for certification as a certified shorthand reporter
if:
A. That person has applied in writing in form and substance
to the Department; and
(1) (Blank);
(2) Is of good moral character, the determination of
which, when based on a prior felony conviction, shall be
made in accordance with Section 11.1 of this Act shall take
into account but not be totally based upon any felony
conviction of the applicant; and
(3) Has graduated from a high school or secondary
school or its equivalent; and
B. That person has successfully completed the examination
authorized by the Department.
(Source: P.A. 98-445, eff. 12-31-13.)
(225 ILCS 415/11.1 new)
Sec. 11.1. Applicant convictions.
(a) The Department shall not require the applicant to
report the following information and shall not consider the
following criminal history records in connection with an

HB3822 - 182 - LRB100 08546 SMS 18671 b
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
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.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) No applicant for license under this Act shall be denied
a license based on a finding of a lack of "good moral
character" when a finding is based on the fact that an
applicant was previously convicted of a criminal offense or
offenses. When reviewing, for the purpose of determining moral
character or whether to grant a license, a conviction of any
felony or a misdemeanor directly related to the practice of the

HB3822 - 183 - LRB100 08546 SMS 18671 b
profession of an applicant, the Department shall consider any
evidence of rehabilitation or mitigating factors contained in
the applicant's record, including any of the following:
(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 state 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 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;
(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

HB3822 - 184 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) a summary of the appeal process or the earliest the

HB3822 - 185 - LRB100 08546 SMS 18671 b
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 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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without

HB3822 - 186 - LRB100 08546 SMS 18671 b
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 23.3 of this Act, with regard to any
license for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules promulgated
thereunder;
(3) For licensees, conviction Conviction by plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or by sentencing of any crime,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation under the laws of any jurisdiction of

HB3822 - 187 - LRB100 08546 SMS 18671 b
the United States: (i) that is a felony or (ii) that is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of the
profession; for applicants, provisions set forth in
Section 11.1 apply;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substances that results in the inability to practice with
reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;

HB3822 - 188 - LRB100 08546 SMS 18671 b
(11) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services were not rendered, or giving,
directly or indirectly, any gift or anything of value to
attorneys or their staff or any other persons or entities
associated with any litigation, that exceeds $100 total per
year; for the purposes of this Section, pro bono services,
as defined by State law, are permissible in any amount;
(12) A finding by the Board that the certificate
holder, after having his certificate placed on
probationary status, has violated the terms of probation;
(13) Willfully making or filing false records or
reports in the practice of shorthand reporting, including
but not limited to false records filed with State agencies
or departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Willful failure to take full and accurate
stenographic notes of any proceeding;
(17) Willful alteration of any stenographic notes
taken at any proceeding;
(18) Willful failure to accurately transcribe verbatim

HB3822 - 189 - LRB100 08546 SMS 18671 b
any stenographic notes taken at any proceeding;
(19) Willful alteration of a transcript of
stenographic notes taken at any proceeding;
(20) Affixing one's signature to any transcript of his
stenographic notes or certifying to its correctness unless
the transcript has been prepared by him or under his
immediate supervision;
(21) Willful failure to systematically retain
stenographic notes or transcripts on paper or any
electronic media for 10 years from the date that the notes
or transcripts were taken;
(22) Failure to deliver transcripts in a timely manner
or in accordance with contractual agreements;
(23) Establishing contingent fees as a basis of
compensation;
(24) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(25) Practicing under a false or assumed name, except
as provided by law;
(26) Cheating on or attempting to subvert the licensing
examination administered under this Act;
(27) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine

HB3822 - 190 - LRB100 08546 SMS 18671 b
or in accordance with the terms set forth in the order imposing
the fine.
(b) The determination by a circuit court that a certificate
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission, an order by the court so finding and
discharging the patient. In any case where a license is
suspended under this Section, the licensee may file a petition
for restoration and shall include evidence acceptable to the
Department that the licensee can resume practice in compliance
with acceptable and prevailing standards of the profession.
(c) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(d) In enforcing this Section, the Department, upon a

HB3822 - 191 - LRB100 08546 SMS 18671 b
showing of a possible violation, may compel any individual who
is certified under this Act or any individual who has applied
for certification under this Act to submit to a mental or
physical examination and evaluation, or both, which may include
a substance abuse or sexual offender evaluation, at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,

HB3822 - 192 - LRB100 08546 SMS 18671 b
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the certified shorthand reporter or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. No authorization is necessary from the certified
shorthand reporter or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. 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 the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension, without hearing, until such
time as the individual submits to the examination. If the
Department finds a certified shorthand reporter unable to

HB3822 - 193 - LRB100 08546 SMS 18671 b
practice because of the reasons set forth in this Section, the
Department shall require the certified shorthand reporter to
submit to care, counseling, or treatment by physicians approved
or designated by the Department, as a condition for continued,
reinstated, or renewed certification.
When the Secretary immediately suspends a certificate
under this Section, a hearing upon the person's certificate
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department shall have the authority to review the certified
shorthand reporter's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
Individuals certified under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their certification.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.

HB3822 - 194 - LRB100 08546 SMS 18671 b
(f) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, 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 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 in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
Section 100. 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, has been sufficiently
rehabilitated following the conviction Has not been
convicted in any jurisdiction of any felony or at least 10
years has passed from the time of discharge from any

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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.

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(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 a lack of rehabilitation following a
conviction of an offense in this or another state,
other than a minor traffic offense. 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

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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

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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

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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

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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

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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.

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(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, provisions set forth in Section 85 of this Act
apply.
(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

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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:

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(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, the Commission, in evaluating 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

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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) (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 state 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

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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 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

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the license holder or recovery permit holder.
(d) It is the affirmative obligation of the Commission to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed or registered practice.
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 conviction items that formed the sole
or partial basis for the refusal to grant a license or
permit;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to grant a license or permit
specific to the evidence presented in mitigation of
conviction items that formed the partial or sole basis for
the Commission's decision; and
(5) 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

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report shall show at minimum:
(1) the number of applicants for new or renewal license
or permit under this Act within the previous calendar year;
(2) the number of applicants for 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 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 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar

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year to applicants with criminal conviction.
(Source: P.A. 97-576, eff. 7-1-12.)
Section 105. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Section 85 and by
adding Section 43 as follows:
(225 ILCS 427/43 new)
Sec. 43. Applicant convictions.
(a) The Department 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
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

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basis of a denial and may be used only to assess an
applicant's rehabilitation.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When determining whether to grant a license to an
applicant with a prior conviction of a felony or of a
misdemeanor directly related to the practice of the profession,
the Department shall consider any evidence of rehabilitation
and mitigating factors contained in the applicant's record,
including any of the following:
(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 state 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

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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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice requiring a license. 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 formed the sole or

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partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 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;

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(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
part or in whole because of a prior conviction;
(7) the number of probationary license without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 85. Grounds for discipline; refusal, revocation, or
suspension.
(a) The Department may refuse to issue or renew a license,
or may place on probation, reprimand, suspend, or revoke any
license, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $10,000 for each violation upon any licensee or
applicant under this Act or any person or entity who holds
himself, herself, or itself out as an applicant or licensee for
any one or combination of the following causes:

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(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) For licensees, conviction Conviction of or entry of
a plea of guilty or plea of nolo contendere to a felony or
a misdemeanor under the laws of the United States, any
state, or any other jurisdiction or entry of an
administrative sanction by a government agency in this
State or any other jurisdiction. Action taken under this
paragraph (3) for a misdemeanor or an administrative
sanction is limited to a misdemeanor or administrative
sanction that has as an essential element dishonesty or
fraud, that involves larceny, embezzlement, or obtaining
money, property, or credit by false pretenses or by means
of a confidence game, or that is directly related to the
practice of the profession and, for applicants, provisions
set forth in Section 43 apply..
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.

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(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) 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.
(11) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for the discipline is the same or
substantially equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his, her, or its license placed on
probationary status, has violated the terms of probation.
(14) Willfully making or filing false records or

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reports relating to a licensee's practice, including but
not limited to false records filed with any State or
federal agencies or departments.
(15) 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 neglected child
as defined in the Abused and Neglected Child Reporting Act.
(16) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) A finding that licensure has been applied for or
obtained by fraudulent means.
(19) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(20) Gross overcharging for professional services
including, but not limited to, (i) collection of fees or
moneys for services that are not rendered; and (ii)
charging for services that are not in accordance with the
contract between the licensee and the community

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association.
(21) Improper commingling of personal and client funds
in violation of this Act or any rules promulgated thereto.
(22) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(23) Giving differential treatment to a person that is
to that person's detriment because of race, color, creed,
sex, religion, or national origin.
(24) Performing and charging for services without
reasonable authorization to do so from the person or entity
for whom service is being provided.
(25) Failing to make available to the Department, upon
request, any books, records, or forms required by this Act.
(26) Purporting to be a supervising community
association manager of a firm without active participation
in the firm.
(27) Failing to make available to the Department at the
time of the request any indicia of licensure or
registration issued under this Act.
(28) Failing to maintain and deposit funds belonging to
a community association in accordance with subsection (b)
of Section 55 of this Act.
(29) Violating the terms of a disciplinary order issued
by the Department.
(b) In accordance with subdivision (a)(5) of Section

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2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
the Department shall deny a license or renewal authorized by
this Act to a person who has defaulted on an educational loan
or scholarship provided or guaranteed by the Illinois Student
Assistance Commission or any governmental agency of this State.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed community association manager.
(d) In accordance with subsection (g) of Section 2105-15 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department may refuse to issue or renew or 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 tax, penalty, or interest, as required
by any tax Act administered by the Department of Revenue, until
such time as the requirements of that tax Act are satisfied.
(e) In accordance with subdivision (a)(5) of Section

HB3822 - 219 - LRB100 08546 SMS 18671 b
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
and in cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services.
(f) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel a licensee or an
individual licensed to practice 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 Department. The Department or Board 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
examining physicians shall be specifically designated by the
Board or Department. 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

HB3822 - 220 - LRB100 08546 SMS 18671 b
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
or denial of his or her application or renewal until the
individual submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
deny, 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
Secretary 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 Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after

HB3822 - 221 - LRB100 08546 SMS 18671 b
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board 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. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
98-756, eff. 7-16-14.)
Section 110. 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

HB3822 - 222 - LRB100 08546 SMS 18671 b
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

HB3822 - 223 - LRB100 08546 SMS 18671 b
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.
When reviewing, for the purpose of determining moral character
or whether to grant a license, a conviction of a felony or a
misdemeanor, an essential element of which is dishonesty, or
that is directly related to the practice of interpreting, of an
applicant, the Commission shall consider any evidence of
rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(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 state or jurisdictions,

HB3822 - 224 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Commission to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the
Commission refuses to issue a license to an applicant, then the

HB3822 - 225 - LRB100 08546 SMS 18671 b
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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Commission's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license

HB3822 - 226 - LRB100 08546 SMS 18671 b
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with 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,

HB3822 - 227 - LRB100 08546 SMS 18671 b
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, provisions set
forth in Section 47 apply.
(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,

HB3822 - 228 - LRB100 08546 SMS 18671 b
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

HB3822 - 229 - LRB100 08546 SMS 18671 b
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

HB3822 - 230 - LRB100 08546 SMS 18671 b
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

HB3822 - 231 - LRB100 08546 SMS 18671 b
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

HB3822 - 232 - LRB100 08546 SMS 18671 b
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 120. 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:

HB3822 - 233 - LRB100 08546 SMS 18671 b
(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 determining whether to grant a license to an
applicant with a prior conviction of a felony or of a
misdemeanor directly related to the practice of the profession,
the Department shall consider any evidence of rehabilitation
and mitigating factors contained in the applicant's record,
including any of the following:
(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

HB3822 - 234 - LRB100 08546 SMS 18671 b
conviction;
(3) if the applicant was previously licensed or
employed in this State or other state 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) It is the affirmative obligation of the Department to

HB3822 - 235 - LRB100 08546 SMS 18671 b
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice requiring a license. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for a license under this
Act within the previous calendar year;
(2) the number of applicants for a license under this

HB3822 - 236 - LRB100 08546 SMS 18671 b
Act within the previous calendar year who had any criminal
conviction;
(3) the number of applicants for a license under this
Act in the previous calendar year who were granted a
license;
(4) the number of applicants with a criminal conviction
who were granted a license under this Act within the
previous calendar year;
(5) the number of applicants for a license under this
Act within the previous calendar year who were denied a
license;
(6) the number of applicants 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with convictions; and
(8) the number of probationary licenses with
monitoring issued 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:

HB3822 - 237 - LRB100 08546 SMS 18671 b
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 and, for applicants, provisions set forth in Section
4 of this Act apply;
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

HB3822 - 238 - LRB100 08546 SMS 18671 b
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.)

HB3822 - 239 - LRB100 08546 SMS 18671 b
Section 125. 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 and, for applicants,
provisions set forth in Section 9.3 apply;
f. Conviction of a violation of any law of Illinois or any

HB3822 - 240 - LRB100 08546 SMS 18671 b
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,

HB3822 - 241 - LRB100 08546 SMS 18671 b
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 misdemeanor directly related to the practice
of the profession or of any felony of the applicant, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following:
(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

HB3822 - 242 - LRB100 08546 SMS 18671 b
employed in this State or other state 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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the

HB3822 - 243 - LRB100 08546 SMS 18671 b
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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for a license under this
Act within the previous calendar year;
(2) the number of applicants for a license under this
Act within the previous calendar year who had any criminal
conviction;

HB3822 - 244 - LRB100 08546 SMS 18671 b
(3) the number of applicants for a license under this
Act in the previous calendar year who were granted a
license;
(4) the number of applicants with a criminal conviction
who were granted a license under this Act within the
previous calendar year;
(5) the number of applicants for a license under this
Act within the previous calendar year who were denied a
license;
(6) the number of applicants 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with convictions; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with convictions.
Section 130. 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:

HB3822 - 245 - LRB100 08546 SMS 18671 b
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 who has not been sufficiently
rehabilitated following the conviction to receive a license.
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

HB3822 - 246 - LRB100 08546 SMS 18671 b
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) Information about the following shall not be requested,
inquired into or 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 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.

HB3822 - 247 - LRB100 08546 SMS 18671 b
(c) When determining whether to grant a license to an
applicant with a prior conviction of a felony or of a
misdemeanor directly related to the practice of the profession,
the Department shall consider any evidence of rehabilitation
and mitigating factors contained in the applicant's record
including any of the following:
(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 state 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

HB3822 - 248 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department and
Director to demonstrate that a prior conviction would impair
the ability of the applicant to engage in the licensed
practice. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items

HB3822 - 249 - LRB100 08546 SMS 18671 b
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for a license under this
Act within the previous calendar year;
(2) the number of applicants for a license under this
Act within the previous calendar year who had any criminal
conviction;
(3) the number of applicants for a license under this
Act in the previous calendar year who were granted a
license;
(4) the number of applicants with a criminal conviction
who were granted a license under this Act within the
previous calendar year;
(5) the number of applicants for a license under this
Act within the previous calendar year who were denied a
license;
(6) the number of applicants with a criminal conviction
who were denied a license under this Act in the previous

HB3822 - 250 - LRB100 08546 SMS 18671 b
calendar year in whole or in part because of a prior
conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and the number
of probationary licenses with monitoring issued under this
Act in the previous calendar year to applicants with
criminal conviction.
Section 135. 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;

HB3822 - 251 - LRB100 08546 SMS 18671 b
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 and, for applicants, provisions
set forth in Section 9.4 apply;
f. For licensees, conviction Conviction of any crime an
essential element of which is misstatement, fraud or
dishonesty and, for applicants provisions set forth in
Section 9.4 apply;
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;

HB3822 - 252 - LRB100 08546 SMS 18671 b
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

HB3822 - 253 - LRB100 08546 SMS 18671 b
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 misdemeanor directly related to the practice
of the profession or of any felony of the applicant, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including any of the following:
(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 state or jurisdictions,

HB3822 - 254 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the
Department refuses to issue a license to an applicant, then the

HB3822 - 255 - LRB100 08546 SMS 18671 b
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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license

HB3822 - 256 - LRB100 08546 SMS 18671 b
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 140. 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:

HB3822 - 257 - LRB100 08546 SMS 18671 b
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 the certified, conviction Conviction of any felony,
if the Department determines, after investigation, that such
person has not been sufficiently rehabilitated to warrant the
public trust and, for applicants for a certificate of
registration or license, provisions set forth in Section 7.1
apply;
e. For the certified, conviction Conviction of any crime an
essential element of which is misstatement, fraud or dishonesty
and, for applicants for a certificate of registration or
license, provisions set forth in Section 7.1 apply;
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;

HB3822 - 258 - LRB100 08546 SMS 18671 b
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.

HB3822 - 259 - LRB100 08546 SMS 18671 b
(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 or
granting a certificate of registration, a conviction of any
misdemeanor directly related to the practice of the profession
or of any felony of the applicant, the Department shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following:
(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 state 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

HB3822 - 260 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed or registered practice.
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 formed the sole or

HB3822 - 261 - LRB100 08546 SMS 18671 b
partial basis for the refusal to issue a certificate of
registration or a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license or
certificate of registration specific to the evidence
presented in mitigation of conviction items that formed the
partial or sole basis for the Department's decision; and
(5) 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 minimum:
(1) the number of applicants for a license or
certificate of registration under this Act within the
previous calendar year;
(2) the number of applicants for a 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 license or
certificate of registration under this Act in the previous
calendar year who were granted a license;
(4) the number of applicants with a criminal conviction

HB3822 - 262 - LRB100 08546 SMS 18671 b
who were granted a license or certificate of registration
under this Act within the previous calendar year;
(5) the number of applicants for a license under this
Act within the previous calendar year who were denied a
license or a certificate of registration;
(6) the number of applicants 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;
(7) the number of probationary license or certificate
of registration without monitoring issued under this Act in
the previous calendar year to applicants with convictions;
and
(8) the number of probationary license or certificate
of registration with monitoring issued under this Act in
the previous calendar year to applicants with convictions.
Section 145. The Professional Geologist Licensing Act is
amended by changing Section 80 and adding Section 77 as
follows:
(225 ILCS 745/77 new)
Sec. 77. Applicant convictions.
(a) The Department shall not require the applicant to
report information about the following, and shall not consider
the following criminal history records in connection with an

HB3822 - 263 - LRB100 08546 SMS 18671 b
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
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.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
expunged.
(b) When reviewing, for the purpose of determining whether
to grant a license, a conviction of any felony or a misdemeanor
directly related to the practice of the profession by plea of
guilty or nolo contendere, finding of guilt, jury verdict, or
entry of judgment or by sentencing of an initial applicant, the
Department shall consider any evidence of rehabilitation and
mitigating factors contained in the applicant's record,

HB3822 - 264 - LRB100 08546 SMS 18671 b
including any of the following:
(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 state 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

HB3822 - 265 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.

HB3822 - 266 - LRB100 08546 SMS 18671 b
(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 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
part or in whole because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and

HB3822 - 267 - LRB100 08546 SMS 18671 b
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with a criminal conviction.
(225 ILCS 745/80)
(Section scheduled to be repealed on January 1, 2026)
Sec. 80. Disciplinary actions.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 for
each violation, with regard to any license for any one or
combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or of the rules promulgated
under this Act.
(3) For licensees, conviction Conviction by plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or by sentencing of any crime,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States: (i) that is a felony or (ii) that is a
misdemeanor, an essential element of which is dishonesty,
or that is directly related to the practice of the

HB3822 - 268 - LRB100 08546 SMS 18671 b
profession. For applicants, provisions set forth in
Section 77 apply.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules promulgated under this Act pertaining to
advertising.
(5) Professional incompetence.
(6) Malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or rules promulgated under this Act.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) 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.
(11) Discipline by another state, the District of
Columbia, a territory of the United States, or a 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.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association

HB3822 - 269 - LRB100 08546 SMS 18671 b
any fee, commission, rebate or other form of compensation
for professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to, false records filed with State agencies or departments.
(15) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety.
(16) Solicitation of professional services other than
permitted advertising.
(17) Conviction of or cash compromise of a charge or
violation of the Illinois Controlled Substances Act
regulating narcotics.
(18) Failure to (i) file a tax return, (ii) pay the
tax, penalty, or interest shown in a filed return, or (iii)
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until the requirements of that tax
Act are satisfied.
(19) Conviction by any court of competent
jurisdiction, either within or outside this State, of any

HB3822 - 270 - LRB100 08546 SMS 18671 b
violation of any law governing the practice of professional
geology, if the Department determines, after
investigation, that the person has not been sufficiently
rehabilitated to warrant the public trust.
(20) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(21) Practicing under a false or, except as provided by
law, an assumed name.
(22) Fraud or misrepresentation in applying for, or
procuring, a license to practice as a Licensed Professional
Geologist under this Act or in connection with applying for
renewal of a license under this Act.
(23) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to the involuntary admission or judicial
admission and issues an order so finding and discharging the
licensee; and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice.
All fines imposed under this Section shall be paid within

HB3822 - 271 - LRB100 08546 SMS 18671 b
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(Source: P.A. 99-26, eff. 7-10-15.)
Section 150. 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

HB3822 - 272 - LRB100 08546 SMS 18671 b
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 who has not sufficiently rehabilitated
following a felony conviction 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.)

HB3822 - 273 - LRB100 08546 SMS 18671 b
(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) When reviewing, for the purpose of licensure or
determining moral character, a conviction of a felony of an
applicant, the licensing authority shall consider any evidence
of rehabilitation and mitigating factors contained in the
applicant's record, including any of the following:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,

HB3822 - 274 - LRB100 08546 SMS 18671 b
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 state 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

HB3822 - 275 - LRB100 08546 SMS 18671 b
(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) It is the affirmative obligation of the licensing
authority to demonstrate that a prior conviction would impair
the ability of the applicant to engage in the licensed
practice. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the licensing
authority's decision; and
(5) 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

HB3822 - 276 - LRB100 08546 SMS 18671 b
of summary statistical information relating to new and renewal
license applications during the preceding calendar year. Each
report shall show at minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar

HB3822 - 277 - LRB100 08546 SMS 18671 b
year to applicants with criminal convictions.
Section 155. 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 who has not been sufficiently rehabilitated
following the conviction. 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,

HB3822 - 278 - LRB100 08546 SMS 18671 b
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

HB3822 - 279 - LRB100 08546 SMS 18671 b
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 or of a violation of Article 28 of the
Criminal Code of 1961 or Criminal Code of 2012, the Department
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following that the applicant has been sufficiently
rehabilitated:
(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 state or jurisdictions,

HB3822 - 280 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the
Department refuses to issue a license to an applicant, then the

HB3822 - 281 - LRB100 08546 SMS 18671 b
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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license

HB3822 - 282 - LRB100 08546 SMS 18671 b
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and the number
of probationary licenses with monitoring issued under this
Act in the previous calendar year to applicants with
criminal conviction.
Section 160. 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

HB3822 - 283 - LRB100 08546 SMS 18671 b
5 years who has not been sufficiently rehabilitated
following the conviction. 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.

HB3822 - 284 - LRB100 08546 SMS 18671 b
(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) When reviewing, for the purpose of licensure, a
conviction of any felony or of a violation of Article 28 of the
Criminal Code of 1961 or Criminal Code of 2012, the Department
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following that the applicant has been sufficiently
rehabilitated:
(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 state or jurisdictions,
then the lack of prior misconduct arising from or related

HB3822 - 285 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. If the
Department refuses to issue a license to an applicant, then the
Department shall notify the applicant of the denial in writing

HB3822 - 286 - LRB100 08546 SMS 18671 b
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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were

HB3822 - 287 - LRB100 08546 SMS 18671 b
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal 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

HB3822 - 288 - LRB100 08546 SMS 18671 b
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 165. 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 who has not been sufficiently rehabilitated
following the conviction 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

HB3822 - 289 - LRB100 08546 SMS 18671 b
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.

HB3822 - 290 - LRB100 08546 SMS 18671 b
(a) When reviewing, for the purpose of licensure, a
conviction of any felony or of a violation of Article 28 of the
Criminal Code of 1961 or Criminal Code of 2012, the Department
shall consider any evidence of rehabilitation and mitigating
factors contained in the applicant's record, including any of
the following that the applicant has been sufficiently
rehabilitated:
(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 state 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;

HB3822 - 291 - LRB100 08546 SMS 18671 b
(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) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the licensed practice. 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 formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's

HB3822 - 292 - LRB100 08546 SMS 18671 b
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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

HB3822 - 293 - LRB100 08546 SMS 18671 b
because of a prior conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal 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, 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 170. The Liquor Control Act of 1934 is amended by

HB3822 - 294 - LRB100 08546 SMS 18671 b
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 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

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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

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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 has been sufficiently
rehabilitated to warrant public trust.
(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.

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(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

HB3822 - 298 - LRB100 08546 SMS 18671 b
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

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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,

HB3822 - 300 - LRB100 08546 SMS 18671 b
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

HB3822 - 301 - LRB100 08546 SMS 18671 b
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,

HB3822 - 302 - LRB100 08546 SMS 18671 b
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 determining whether to grant a license to an
applicant with a prior conviction of a felony or a violation of
any federal or State law concerning the manufacture, possession
or sale of alcoholic liquor, the Commission shall consider any
evidence of rehabilitation and mitigating factors contained in
the applicant's record, including any of the following:
(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

HB3822 - 303 - LRB100 08546 SMS 18671 b
employed in this State or other state 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) It is the affirmative obligation of the Commission to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice regulated under this

HB3822 - 304 - LRB100 08546 SMS 18671 b
Act. 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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had

HB3822 - 305 - LRB100 08546 SMS 18671 b
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with criminal 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;

HB3822 - 306 - LRB100 08546 SMS 18671 b
(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;

HB3822 - 307 - LRB100 08546 SMS 18671 b
(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;

HB3822 - 308 - LRB100 08546 SMS 18671 b
(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

HB3822 - 309 - LRB100 08546 SMS 18671 b
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

HB3822 - 310 - LRB100 08546 SMS 18671 b
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 175. 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) For licensees, conviction 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

HB3822 - 311 - LRB100 08546 SMS 18671 b
practice of detecting or reducing the presence of radon or
radon progeny. For applicants, provisions set forth in
Section 46 apply.
(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

HB3822 - 312 - LRB100 08546 SMS 18671 b
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

HB3822 - 313 - LRB100 08546 SMS 18671 b
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

HB3822 - 314 - LRB100 08546 SMS 18671 b
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 determining whether
to grant a license, a conviction of any felony or a crime that
relates to the practice of detecting or reducing the presence
of radon or radon progeny of an applicant, the Agency shall
consider any evidence of rehabilitation and mitigating factors
contained in the applicant's record, including any of the
following:
(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 state or jurisdictions,
then the lack of prior misconduct arising from or related

HB3822 - 315 - LRB100 08546 SMS 18671 b
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) It is the affirmative obligation of the Agency to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the certified practice. If the
Agency refuses to issue a license to an applicant, then the
Agency shall notify the applicant of the denial in writing with

HB3822 - 316 - LRB100 08546 SMS 18671 b
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 conviction items that formed the sole
or partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Agency's
decision; and
(5) 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 minimum:
(1) the number of applicants for new or renewal license
under this Act within the previous calendar year;
(2) the number of applicants for new or renewal license
under this Act within the previous calendar year who had
any criminal conviction;
(3) the number of applicants for new or renewal license
under this Act in the previous calendar year who were

HB3822 - 317 - LRB100 08546 SMS 18671 b
granted a license;
(4) the number of applicants for 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 new or renewal license
under this Act within the previous calendar year who were
denied a license;
(6) the number of applicants for 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 probationary a license without
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction; and
(8) the number of probationary a license with
monitoring issued under this Act in the previous calendar
year to applicants with criminal conviction.
Section 999. Effective date. This Act takes effect January
1, 2018.
HB3822 - 318 - LRB100 08546 SMS 18671 b
INDEX
Statutes amended in order of appearance
20 ILCS 1605/10.1 from Ch. 120, par. 1160.1
20 ILCS 1605/10.1b new
20 ILCS 2630/12
20 ILCS 2630/13
35 ILCS 130/4 from Ch. 120, par. 453.4
35 ILCS 130/4b from Ch. 120, par. 453.4b
35 ILCS 130/4c
35 ILCS 130/4i new
55 ILCS 5/5-10004 from Ch. 34, par. 5-10004
55 ILCS 5/5-10004a new
210 ILCS 50/3.50
210 ILCS 50/3.51 new
225 ILCS 20/9A.1 new
225 ILCS 20/19 from Ch. 111, par. 6369
225 ILCS 30/95 from Ch. 111, par. 8401-95
225 ILCS 30/96 new
225 ILCS 37/32 new
225 ILCS 37/35
225 ILCS 57/15
225 ILCS 57/15.1 new
225 ILCS 57/45
225 ILCS 115/8.2 new
225 ILCS 115/25 from Ch. 111, par. 7025
HB3822 - 319 - LRB100 08546 SMS 18671 b
225 ILCS 227/35
225 ILCS 227/36 new
225 ILCS 230/1005 from Ch. 111, par. 7855
225 ILCS 230/1005-1 new
225 ILCS 310/13 from Ch. 111, par. 8213
225 ILCS 310/13.5 new
225 ILCS 330/12.5 new
225 ILCS 330/27 from Ch. 111, par. 3277
225 ILCS 345/15 from Ch. 111, par. 7116
225 ILCS 345/15.1 new
225 ILCS 401/74 new
225 ILCS 401/75
225 ILCS 407/20-11 new
225 ILCS 407/20-15
225 ILCS 412/75
225 ILCS 412/76 new
225 ILCS 415/11 from Ch. 111, par. 6211
225 ILCS 415/11.1 new
225 ILCS 415/23 from Ch. 111, par. 6223
225 ILCS 422/40
225 ILCS 422/45
225 ILCS 422/80
225 ILCS 422/85
225 ILCS 427/43 new
225 ILCS 427/85
225 ILCS 443/45
HB3822 - 320 - LRB100 08546 SMS 18671 b
225 ILCS 443/47 new
225 ILCS 443/115
225 ILCS 605/4 new
225 ILCS 605/10 from Ch. 8, par. 310
225 ILCS 620/9 from Ch. 111, par. 209
225 ILCS 620/9.3 new
225 ILCS 635/3.2 from Ch. 56 1/2, par. 242.2
225 ILCS 635/3.3 new
225 ILCS 645/9 from Ch. 111, par. 409
225 ILCS 645/9.4 new
225 ILCS 655/7 from Ch. 111, par. 508
225 ILCS 655/7.1 new
225 ILCS 745/77 new
225 ILCS 745/80
230 ILCS 15/3 from Ch. 85, par. 2303
230 ILCS 15/3.1 new
230 ILCS 20/2.1
230 ILCS 20/2.2 new
230 ILCS 25/1.2
230 ILCS 25/1.2a new
230 ILCS 30/7 from Ch. 120, par. 1127
230 ILCS 30/7.1 new
235 ILCS 5/6-2 from Ch. 43, par. 120
235 ILCS 5/6-2.5 new
235 ILCS 5/7-1 from Ch. 43, par. 145
420 ILCS 44/45
HB3822 - 321 - LRB100 08546 SMS 18671 b