093_SB0125sam002

 










                                     LRB093 06586 RLC 12957 a

 1                    AMENDMENT TO SENATE BILL 125

 2        AMENDMENT NO.     .  Amend Senate Bill 125 as follows:

 3    on page 7, by replacing lines 7 and 8 with the following:
 4        "(h)  No  application  for  any  license  or   privileges
 5    granted  under the authority of this State shall be denied by
 6    reason of an eligible offender, as defined in Article 5.5  of
 7    this Chapter, having been previously convicted of one or more
 8    criminal offenses, or by reason of a finding of lack of "good
 9    moral character" when the finding is based upon the fact that
10    the  applicant  has  previously been convicted of one or more
11    criminal offenses, unless:
12             (1)  there is a direct relationship between  one  or
13        more  of  the previous criminal offenses and the specific
14        license sought; or
15             (2)  the issuance of the license or the granting  of
16        the  employment  would  involve  an  unreasonable risk to
17        property  or  to  the  safety  or  welfare  of   specific
18        individuals or the general public.
19        In  making  such  a  determination,  the licensing agency
20    shall consider the following factors:
21             (1)  the public policy of this State,  as  expressed
22        in   Article  5.5  of  this  Chapter,  to  encourage  the
23        licensure and employment of persons previously  convicted
 
                            -2-      LRB093 06586 RLC 12957 a
 1        of one or more criminal offenses;
 2             (2)  the   specific   duties   and  responsibilities
 3        necessarily related to the license  or  employment  being
 4        sought;
 5             (3)  the  bearing,  if any, the criminal offenses or
 6        offenses for which the person  was  previously  convicted
 7        will have on his or her fitness or ability to perform one
 8        or more such duties and responsibilities;
 9             (4)  the time which has elapsed since the occurrence
10        of the criminal offense or offenses;
11             (5)  the age of the person at the time of occurrence
12        of the criminal offense or offenses;
13             (6)  the seriousness of the offense or offenses;
14             (7)  any  information  produced  by  the  person  or
15        produced  on  his  or  her behalf in regard to his or her
16        rehabilitation and good conduct, included  a  certificate
17        of  relief  from  disabilities  issued  to the applicant,
18        which  certificate  shall   create   a   presumption   of
19        rehabilitation  in  regard  to  the  offense  or offenses
20        specified in the certificate; and
21             (8)  the legitimate interest of the licensing agency
22        in protecting property, and the  safety  and  welfare  of
23        specific individuals or the general public.
24        (i)  A  certificate  of relief from disabilities shall be
25    issued only to restore  a  license  or  certification  issued
26    under the following Acts:
27             (1)  the Animal Welfare Act;
28             (2)  the Illinois Athletic Trainers Practice Act;
29             (3)  the  Barber,  Cosmetology,  Esthetics, and Nail
30        Technology Act of 1985;
31             (4)  the  Boiler  and   Pressure   Vessel   Repairer
32        Regulation Act;
33             (5)  the Professional Boxing Act;
34             (6)  the  Illinois Certified Shorthand Reporters Act
 
                            -3-      LRB093 06586 RLC 12957 a
 1        of 1984;
 2             (7)  the    Illinois    Farm    Labor     Contractor
 3        Certification Act;
 4             (8)  the Interior Design Title Act;
 5             (9)  the  Illinois Professional Land Surveyor Act of
 6        1989;
 7             (10)  the Illinois  Landscape  Architecture  Act  of
 8        1989;
 9             (11)  the Marriage and Family Therapy Licensing Act;
10             (12)  the Private Employment Agency Act;
11             (13)  the   Professional   Counselor   and  Clinical
12        Professional Counselor Licensing Act;
13             (14)  the Real Estate License Act of 2000; and
14             (15)  the Illinois Roofing Industry Licensing Act.";
15        and

16    on page  16,  by  inserting  between  lines  17  and  18  the
17    following:

18        "(730 ILCS 5/5-5.5-50 new)
19        Sec.  5-5.5-50.  Report.  The  Department of Professional
20    Regulation shall report to the General Assembly  by  November
21    30  of  each  year, for each occupational licensure category,
22    the number of licensure applicants with  felony  convictions,
23    the  number  of  applicants  with certificates of relief from
24    disabilities, the number of licenses  awarded  to  applicants
25    with  felony  convictions,  the number of licenses awarded to
26    applicants with certificates of relief from disabilities, the
27    number of applicants with felony convictions denied licenses,
28    and the number of applicants with certificates of relief from
29    disabilities denied licenses.".