Illinois General Assembly

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 Bill Status of HB5973  99th General Assembly


Short Description:  OCCUPATION LIC-CRIM CONVICTION

House Sponsors
Rep. Marcus C. Evans, Jr. - Jehan Gordon-Booth - Thomas Morrison - William Davis - Arthur Turner, Michael J. Zalewski, Carol Ammons, Will Guzzardi, Sonya M. Harper, Kelly M. Cassidy, Camille Y. Lilly, La Shawn K. Ford, Monique D. Davis, Al Riley, Silvana Tabares, Eddie Lee Jackson, Sr., Cynthia Soto, Jaime M. Andrade, Jr., Litesa E. Wallace, Rita Mayfield, Margo McDermed and Mary E. Flowers

Senate Sponsors
(Sen. Kwame Raoul - Jacqueline Y. Collins - Michael Connelly - Patricia Van Pelt, Donne E. Trotter, Pat McGuire, Steve Stadelman and Napoleon Harris, III)

Last Action
DateChamber Action
  8/22/2016HousePublic Act . . . . . . . . . 99-0876

Statutes Amended In Order of Appearance
225 ILCS 41/15-75
225 ILCS 335/9.1from Ch. 111, par. 7509.1
225 ILCS 410/4-7from Ch. 111, par. 1704-7
225 ILCS 450/20.01from Ch. 111, par. 5521.01
225 ILCS 454/20-20


Synopsis As Introduced
Amends the Funeral Directors and Embalmers Licensing Code, the Illinois Roofing Industry Licensing Act, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, the Illinois Public Accounting Act, and the Real Estate License Act of 2000. Allows the Department of Financial and Professional Regulation to consider an applicant's prior conviction or convictions, but provides that the conviction or convictions may not be the sole basis for refusing to issue a license unless the crime substantially and directly relates to the occupation for which the license is sought. Requires that if the conviction is used as a basis for rejection, the rejection must be in writing and specifically state the evidence presented and reasons for rejection, which must be substantially and directly related to the licensed activity. Provides specific considerations the Department must use in making its decision for rejection. Provides what the Department shall use as evidence of rehabilitation so that all license rights and privileges granted under the Act, under consideration for issuance or formerly revoked or suspended because of conviction of an offense, are automatically restored unless the Department finds that restoration is not in the public interest. Requires that the Department not consider non-conviction records, convictions that did not result in incarceration, or convictions unrelated to the capacity to serve the public. In provisions concerning grounds for discipline, makes changes concerning disqualifying criminal penalties and delinquent child support.

House Floor Amendment No. 1
Adds reference to:
20 ILCS 2105/2105-205was 20 ILCS 2105/60.3

Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that with respect to licensees and applicants under specified occupational Acts, the Department of Financial and Professional Regulation shall include formal complaints, including a refusal to issue a potential licensee with a positive conviction history for professions covered by the license, in its publication of disciplinary actions. Provides that the publication of disciplinary actions shall include a summary of the number of potential licensees with a positive conviction history, the rate of refusal to issue licenses for all applicants with a positive conviction history, the average time elapsed since the latest conviction of potential licensees who were refused a license and of potential licensees with a positive conviction history who were issued a license, the number of potential licensees who had a Certificate of Relief from Disabilities, and the number of potential licensees with a Certificate of Relief from Disabilities who were refused a license. In provisions amending the Funeral Directors and Embalmers Licensing Code, makes changes concerning grounds for disciplinary actions. Provides that the Department shall not deny a license to a potential licensee whose conviction history is directly related to the profession for which a license is sought if the Department has not considered mitigating factors provided in the Act. Provides that when issuing a license, the Department may not consider a prior conviction or conviction alone as the sole basis for refusing to issue a license unless the crime for which he or she was convicted directly (rather than substantially and directly) relates to the occupation or which the license is sought. Removes a potential licensee that the Department of Healthcare and Family Services has previously determined is more than 30 days delinquent in the payment of child support as an individual the Department of Financial and Professional Regulation may refuse to 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. Provides that the Department of Financial and Professional Regulation may not refuse to issue a license to a potential licensee who is an obligor because the obligor's child support arrearage equals or exceeds the amount of child support payable for 12 (rather than 6) months. Makes similar changes for licenses issued under the Illinois Roofing Industry Licensing Act, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, the Illinois Public Accounting Act, and the Real Estate License Act of 2000. Makes other changes.

House Floor Amendment No. 2
Deletes reference to:
225 ILCS 450/20.01
225 ILCS 454/20-20

In provisions amending the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, removes references to the Illinois Public Accounting Act and the Real Estate License Act of 2000. Removes provisions amending the Illinois Public Accounting Act and the Real Estate License Act of 2000.

Senate Committee Amendment No. 1
Deletes reference to:
20 ILCS 2105/2105-205was 20 ILCS 2105/60.3
Adds reference to:
225 ILCS 41/15-72 new
225 ILCS 410/4-6.1 new
225 ILCS 335/7.1 new

Replaces everything after the enacting clause. Amends the Funeral Directors and Embalmers Licensing Code, the Illinois Roofing Industry Licensing Act, and the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that when reviewing a conviction, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant for a license under the Acts, the Department of Financial and Professional Regulation may only deny a license based upon consideration of specified mitigating factors for specified felonies directly related to the practice of funeral directing and embalming, roofing contracting, or cosmetology, esthetics, hair braiding, nail technology, or barbering. Provides that the Department shall issue an annual report by January 31, 2018 and January 31 each year thereafter indicating specific information on applicants within the preceding calendar year. Makes other changes. Effective January 1, 2017.

Senate Floor Amendment No. 2
In provisions amending the Illinois Roofing Industry Licensing Act and the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, makes corrections to references.

Actions 
DateChamber Action
  2/11/2016HouseFiled with the Clerk by Rep. Marcus C. Evans, Jr.
  2/11/2016HouseFirst Reading
  2/11/2016HouseReferred to Rules Committee
  3/23/2016HouseAssigned to Business & Occupational Licenses Committee
  3/24/2016HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/28/2016HouseAdded Chief Co-Sponsor Rep. William Davis
  4/5/2016HouseAdded Chief Co-Sponsor Rep. Arthur Turner
  4/5/2016HouseAdded Co-Sponsor Rep. Carol Ammons
  4/5/2016HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/5/2016HouseDo Pass / Short Debate Business & Occupational Licenses Committee; 006-004-000
  4/6/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/7/2016HouseAdded Chief Co-Sponsor Rep. Thomas Morrison
  4/12/2016HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  4/12/2016HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/13/2016HouseHouse Floor Amendment No. 1 Rules Refers to Business & Occupational Licenses Committee
  4/14/2016HouseHouse Floor Amendment No. 1 Recommends Be Adopted Business & Occupational Licenses Committee; 006-004-000
  4/14/2016HouseSecond Reading - Short Debate
  4/14/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2016HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Marcus C. Evans, Jr.
  4/18/2016HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/19/2016HouseHouse Floor Amendment No. 2 Rules Refers to Business & Occupational Licenses Committee
  4/19/2016HouseAdded Co-Sponsor Rep. Sonya M. Harper
  4/20/2016HouseHouse Floor Amendment No. 2 Recommends Be Adopted Business & Occupational Licenses Committee; 006-004-000
  4/20/2016HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/20/2016HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/20/2016HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/20/2016HouseAdded Co-Sponsor Rep. Monique D. Davis
  4/20/2016HouseHouse Floor Amendment No. 1 Adopted
  4/20/2016HouseHouse Floor Amendment No. 2 Adopted
  4/20/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2016HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  4/21/2016HouseAdded Co-Sponsor Rep. Al Riley
  4/21/2016HouseAdded Co-Sponsor Rep. Silvana Tabares
  4/21/2016HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  4/21/2016HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/21/2016HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/21/2016HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  4/21/2016HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/21/2016HouseThird Reading - Short Debate - Passed 080-031-000
  4/21/2016HouseAdded Co-Sponsor Rep. Margo McDermed
  4/21/2016HouseAdded Co-Sponsor Rep. Mary E. Flowers
  4/21/2016SenateArrive in Senate
  4/21/2016SenatePlaced on Calendar Order of First Reading April 22, 2016
  4/21/2016SenateChief Senate Sponsor Sen. Kwame Raoul
  4/22/2016SenateFirst Reading
  4/22/2016SenateReferred to Assignments
  5/3/2016SenateAssigned to Criminal Law
  5/3/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/5/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Connelly
  5/6/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  5/6/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/10/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/10/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/11/2016SenateSenate Committee Amendment No. 1 Adopted
  5/11/2016SenateDo Pass as Amended Criminal Law; 011-000-000
  5/11/2016SenatePlaced on Calendar Order of 2nd Reading May 12, 2016
  5/17/2016SenateSecond Reading
  5/17/2016SenatePlaced on Calendar Order of 3rd Reading May 18, 2016
  5/19/2016SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  5/19/2016SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/24/2016SenateSenate Floor Amendment No. 2 Be Approved for Consideration Assignments
  5/25/2016SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/27/2016SenateRecalled to Second Reading
  5/27/2016SenateSenate Floor Amendment No. 2 Adopted; Raoul
  5/27/2016SenatePlaced on Calendar Order of 3rd Reading
  5/27/2016SenateAdded as Alternate Co-Sponsor Sen. Pat McGuire
  5/27/2016SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/27/2016SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/27/2016SenateThird Reading - Passed; 042-001-000
  5/29/2016HouseArrived in House
  5/29/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/29/2016HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Marcus C. Evans, Jr.
  5/29/2016HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Marcus C. Evans, Jr.
  5/29/2016HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2016HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/30/2016HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Business & Occupational Licenses Committee
  5/30/2016HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Business & Occupational Licenses Committee
  5/31/2016HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Business & Occupational Licenses Committee; 009-001-000
  5/31/2016HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Business & Occupational Licenses Committee; 009-001-000
  5/31/2016HouseSenate Committee Amendment No. 1 House Concurs 077-041-000
  5/31/2016HouseSenate Floor Amendment No. 2 House Concurs 077-041-000
  5/31/2016HouseHouse Concurs
  5/31/2016HousePassed Both Houses
  6/27/2016HouseSent to the Governor
  8/22/2016HouseGovernor Approved
  8/22/2016HouseEffective Date January 1, 2017
  8/22/2016HousePublic Act . . . . . . . . . 99-0876

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