Bill Text: IL SB0232 | 2013-2014 | 98th General Assembly | Enrolled
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-Enrolled.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-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Department of Professional Regulation Law of | ||||||
5 | the
Civil Administrative Code of Illinois is amended by adding | ||||||
6 | Sections 2105-130 and 2105-135 as follows:
| ||||||
7 | (20 ILCS 2105/2105-130 new) | ||||||
8 | Sec. 2105-130. Determination of disciplinary sanctions. | ||||||
9 | (a) Following disciplinary proceedings as authorized in | ||||||
10 | any licensing Act administered by the Department, upon a | ||||||
11 | finding by the Department that a person has committed a | ||||||
12 | violation of the licensing Act with regard to licenses, | ||||||
13 | certificates, or authorities of persons exercising the | ||||||
14 | respective professions, trades, or occupations, the Department | ||||||
15 | may revoke, suspend, refuse to renew, place on probationary | ||||||
16 | status, fine, or take any other disciplinary action as | ||||||
17 | authorized in the licensing Act with regard to those licenses, | ||||||
18 | certificates, or authorities. When making a determination of | ||||||
19 | the appropriate disciplinary sanction to be imposed, the | ||||||
20 | Department shall consider only evidence contained in the | ||||||
21 | record. The Department shall consider any aggravating or | ||||||
22 | mitigating factors contained in the record when determining the | ||||||
23 | appropriate disciplinary sanction to be imposed. |
| |||||||
| |||||||
1 | (b) When making a determination of the appropriate | ||||||
2 | disciplinary sanction to be imposed, the Department shall | ||||||
3 | consider, but is not limited to, the following aggravating | ||||||
4 | factors contained in the record: | ||||||
5 | (1) the seriousness of the offenses; | ||||||
6 | (2) the presence of multiple offenses; | ||||||
7 | (3) prior disciplinary history, including actions | ||||||
8 | taken by other agencies in this State, by other states or | ||||||
9 | jurisdictions, hospitals, health care facilities, | ||||||
10 | residency programs, employers, or professional liability | ||||||
11 | insurance companies or by any of the armed forces of the | ||||||
12 | United States or any state; | ||||||
13 | (4) the impact of the offenses on any injured party; | ||||||
14 | (5) the vulnerability of any injured party, including, | ||||||
15 | but not limited to, consideration of the injured party's | ||||||
16 | age, disability, or mental illness; | ||||||
17 | (6) the motive for the offenses; | ||||||
18 | (7) the lack of contrition for the offenses; | ||||||
19 | (8) financial gain as a result of committing the | ||||||
20 | offenses; and | ||||||
21 | (9) the lack of cooperation with the Department or | ||||||
22 | other investigative authorities. | ||||||
23 | (c) When making a determination of the appropriate | ||||||
24 | disciplinary sanction to be imposed, the Department shall | ||||||
25 | consider, but is not limited to, the following mitigating | ||||||
26 | factors contained in the record: |
| |||||||
| |||||||
1 | (1) the lack of prior disciplinary action by the | ||||||
2 | Department or by other agencies in this State, by other | ||||||
3 | states or jurisdictions, hospitals, health care | ||||||
4 | facilities, residency programs, employers, insurance | ||||||
5 | providers, or by any of the armed forces of the United | ||||||
6 | States or any state; | ||||||
7 | (2) contrition for the offenses; | ||||||
8 | (3) cooperation with the Department or other | ||||||
9 | investigative authorities; | ||||||
10 | (4) restitution to injured parties; | ||||||
11 | (5) whether the misconduct was self-reported; and | ||||||
12 | (6) any voluntary remedial actions taken.
| ||||||
13 | (20 ILCS 2105/2105-135 new) | ||||||
14 | Sec. 2105-135. Qualification for licensure or | ||||||
15 | registration; good moral character. The practice of | ||||||
16 | professions licensed or registered by the Department is hereby | ||||||
17 | declared to affect the public health, safety, and welfare and | ||||||
18 | to be subject to regulation and control in the public interest. | ||||||
19 | It is further declared to be a matter of public interest and | ||||||
20 | concern that persons who are licensed or registered to engage | ||||||
21 | in any of the professions licensed or registered by the | ||||||
22 | Department are of good moral character, which shall be a | ||||||
23 | continuing requirement of licensure or registration so as to | ||||||
24 | merit and receive the confidence and trust of the public. Upon | ||||||
25 | a finding by the Department that a person has committed a |
| |||||||
| |||||||