Bill Text: IL SB0232 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Energy Conservation and Coal Development Act. Makes a technical change in a Section concerning the evaluation of loan applications.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-08-25 - Public Act . . . . . . . . . 98-1047 [SB0232 Detail]
Download: Illinois-2013-SB0232-Amended.html
Bill Title: Amends the Energy Conservation and Coal Development Act. Makes a technical change in a Section concerning the evaluation of loan applications.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-08-25 - Public Act . . . . . . . . . 98-1047 [SB0232 Detail]
Download: Illinois-2013-SB0232-Amended.html
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1 | AMENDMENT TO SENATE BILL 232
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2 | AMENDMENT NO. ______. Amend Senate Bill 232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | adding Sections 2105-130 and 2105-135 as follows:
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7 | (20 ILCS 2105/2105-130 new) | ||||||
8 | Sec. 2105-130. Determination of disciplinary sanctions. | ||||||
9 | (a) Upon a finding by the Department that a person has | ||||||
10 | committed a violation of any licensing Act administered by the | ||||||
11 | Department with regard to licenses, certificates, or | ||||||
12 | authorities of persons exercising the respective professions, | ||||||
13 | trades, or occupations, the Department may revoke, suspend, | ||||||
14 | refuse to renew, place on probationary status, fine, or take | ||||||
15 | any other disciplinary action as authorized in any licensing | ||||||
16 | Act administered by the Department with regard to those |
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1 | licenses, certificates, or authorities. When making a | ||||||
2 | determination of the appropriate disciplinary sanction to be | ||||||
3 | imposed, the Department shall consider only evidence contained | ||||||
4 | in the record. The Department shall consider any aggravating or | ||||||
5 | mitigating factors contained in the record when determining the | ||||||
6 | appropriate disciplinary sanction to be imposed. | ||||||
7 | (b) When making a determination of the appropriate | ||||||
8 | disciplinary sanction to be imposed, the Department shall | ||||||
9 | consider, but is not limited to, the following aggravating | ||||||
10 | factors contained in the record: | ||||||
11 | (1) the seriousness of the offenses; | ||||||
12 | (2) the presence of multiple offenses; | ||||||
13 | (3) prior disciplinary history, including actions | ||||||
14 | taken by other agencies in this State or by other states or | ||||||
15 | jurisdictions, hospitals, health care facilities, | ||||||
16 | residency programs, employers, insurance providers, or any | ||||||
17 | of the armed forces of the United States or any state; | ||||||
18 | (4) the impact of the offenses on any injured party; | ||||||
19 | (5) the vulnerability of any injured party, including, | ||||||
20 | but not limited to, consideration of the injured party's | ||||||
21 | age, disability, or mental illness; | ||||||
22 | (6) the motive for the offenses; | ||||||
23 | (7) the lack of contrition for the offenses; | ||||||
24 | (8) financial gain as a result of committing the | ||||||
25 | offenses; and | ||||||
26 | (9) the lack of cooperation with the Department or |
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1 | other investigative authorities. | ||||||
2 | (c) When making a determination of the appropriate | ||||||
3 | disciplinary sanction to be imposed, the Department shall | ||||||
4 | consider, but is not limited to, the following mitigating | ||||||
5 | factors contained in the record: | ||||||
6 | (1) the lack of prior disciplinary action by the | ||||||
7 | Department or by other agencies in this State or by other | ||||||
8 | states or jurisdictions, hospitals, health care | ||||||
9 | facilities, residency programs, employers, insurance | ||||||
10 | providers, or any of the armed forces of the United States | ||||||
11 | or any state; | ||||||
12 | (2) contrition for the offenses; | ||||||
13 | (3) cooperation with the Department or other | ||||||
14 | investigative authorities; | ||||||
15 | (4) restitution to injured parties; | ||||||
16 | (5) whether the misconduct was self-reported; and | ||||||
17 | (6) any voluntary remedial actions taken.
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18 | (20 ILCS 2105/2105-135 new) | ||||||
19 | Sec. 2105-135. Qualification for licensure or | ||||||
20 | registration; good moral character. Good moral character shall | ||||||
21 | be a qualification for licensure or registration under every | ||||||
22 | licensing Act administered by the Department. Good moral | ||||||
23 | character shall be a continuing requirement of licensure or | ||||||
24 | registration. The practice of professions licensed or | ||||||
25 | registered by the Department is hereby declared to affect the |
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1 | public health, safety, and welfare and to be subject to | ||||||
2 | regulation and control in the public interest. It is further | ||||||
3 | declared to be a matter of public interest and concern that | ||||||
4 | persons who are licensed or registered to engage in any of the | ||||||
5 | professions licensed or registered by the Department merit and | ||||||
6 | receive the confidence and trust of the public. The Department | ||||||
7 | is authorized to revoke, suspend, refuse to renew, place on | ||||||
8 | probationary status, fine, or take any other disciplinary | ||||||
9 | action it deems warranted against any licensee or registrant | ||||||
10 | whose conduct violates the continuing requirement of good moral | ||||||
11 | character or significantly undermines the public's trust in a | ||||||
12 | licensed or regulated profession. This Section shall be | ||||||
13 | liberally construed to best carry out this purpose. ".
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