Synopsis As Introduced 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.
Replaces everything after the enacting clause. Reinserts the introduced bill with changes that include the following. Makes changes to the list of information that must be included in a notice of denial if the applicable State agency refuses to issue a license to an applicant. Specifies that the applicable State agency shall consider certain factors and evidence to determine whether a prior conviction will impair the ability of the applicant to engage in the position for which a license is sought. Makes changes to reporting requirements. Removes provisions specifying that it is the affirmative obligation of the applicable State agency to demonstrate that a prior conviction would impair the ability of the applicant to engage in the licensed practice. In provisions amending the Illinois Lottery Law, provides that the Department of the Lottery may grant a license to a person convicted of a felony where such conviction will impair the person's ability to engage in the licensed position when a period of 5 years after the conviction or 3 years since release from confinement, whichever is later, has elapsed without a subsequent conviction. In provisions amending the Criminal Identification Act concerning the effect of expungement or sealing records, provides that the entity authorized to grant a license shall include, in an application for licensure, specific language stating that the applicant is not obligated to disclose sealed or expunged records of a conviction or arrest; however, if the inclusion of that language in an application for licensure is not practical, the entity shall publish on its website instructions specifying that applicants are not obligated to disclose sealed or expunged records of a conviction or arrest (rather than applications for licensure must contain specific language which states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest). Removes provisions relating to the retention and release of sealed records. Removes provisions amending the Emergency Medical Services (EMS) Systems Act. In provisions amending the Dietitian Nutritionist Practice Act concerning applicant convictions, provides that when reviewing, for the purposes of licensure, a conviction of any felony or a misdemeanor directly related to the practice of the profession of an applicant, the Department of Financial and Professional Regulation shall consider the applicant's successful completion of sentence. In provisions amending the Illinois Horse Meat Act concerning applicant provisions, provides that the Department of Agriculture shall not require applicants to report certain information and shall not consider certain criminal history records (rather than certain information shall not be requested, inquired into, or considered) in connection with an application for a license under the Act. Makes other changes. Effective January 1, 2018.
State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
HB 3822 (H-AM 2) does not create a State mandate.
Fiscal Note, House Committee Amendment No. 2 (Financial & Professional Regulation)
The Department of Financial and Professional Regulation anticipates that HB3822 (H-AM 2) to have minimal impact on the expenditure of state funds and minimal impact on state revenues.