Illinois General Assembly - Full Text of SB2496
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Full Text of SB2496  102nd General Assembly

SB2496 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2496

 

Introduced 2/26/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Collateral Recovery Act. Provides that each individual, partner of a partnership, officer of a corporation, or member of a limited liability company shall submit with the application for licensure as a repossession agency a copy of one form of personal identification upon which must appear a recent photograph (rather than a photograph taken within one year immediately preceding the date of the filing of the application). Requires the Illinois Commerce Commission to notify the submitting person within a reasonable time period (rather than 10 days) after receipt of the application of its intent to issue or deny a recovery permit. Provides that a recovery employee may work under a recovery permit for multiple licensed repossession agencies. Provides that applications for renewal of a license or permit shall be filed with the Commission no earlier than 90 days and not later than 45 days prior to the expiration of a license or permit. Provides that when a license holder or permit holder has made a timely and sufficient application for the renewal of a license or recovery permit, the existing license or recovery permit shall continue in full force and effect until the final agency decision on the application has been made, unless a later date is fixed by order of a reviewing court. Provides that the Commission shall not require the license or permit holder or applicant to report and shall not consider law enforcement records, court records, and conviction records of an individual who was 17 years old (rather than 18 years old) or younger at the time of the conviction. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Collateral Recovery Act to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.


LRB102 16942 SPS 22358 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2496LRB102 16942 SPS 22358 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.32 and by adding Section 4.41 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
6    (5 ILCS 80/4.41 new)
7    Sec. 4.41. Act repealed on January 1, 2032. The following
8Act is repealed on January 1, 2032:
9    The Collateral Recovery Act.
 
10    Section 10. The Collateral Recovery Act is amended by
11changing Sections 35, 45, 50, 75, and 85 as follows:
 
12    (225 ILCS 422/35)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 35. Application for repossession agency licensure.
15    (a) Application for original licensure as a repossession
16agency shall be made to the Commission in writing on forms
17prescribed by the Commission and shall be accompanied by the
18appropriate documentation and the required fee, and the fee is
19nonrefundable.
20    (b) Every application shall state, in addition to any
21other requirements, (i) the name of the applicant, (ii) the
22name under which the applicant shall do business, (iii) the
23proposed location of the agency by number, street, and city,

 

 

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1and (iv) the proposed location of the agency's remote storage
2location or locations by number, street, and city, (v) the
3proposed location of the Agency's branch office or branch
4offices by number, street, and city, and (vi) the usual
5business hours that the agency shall maintain.
6    (c) No license may be issued (i) in any fictitious name
7that may be confused with or is similar to any federal, state,
8county, or municipal government function or agency, (ii) in
9any name that may tend to describe any business function or
10enterprise not actually engaged in by the applicant, (iii) in
11any name that is the same as or similar to any existing
12licensed company and that would tend to deceive the public,
13(iv) in any name that would tend to be deceptive or misleading,
14or (v) to any repossession agency applicant without that
15agency's location or branch office location maintaining a
16secured storage facility as defined in Section 10 of this Act.
17    (d) If the applicant for repossession agency licensure is
18an individual, then his or her application shall include (i)
19the full residential address of the applicant and (ii) either
20the sworn statement of the applicant declaring that he or she
21is the licensed recovery manager who shall be personally in
22control of the agency for which the licensure is sought, or the
23name and signed sworn statement of the licensed recovery
24manager who shall be in control or management of the agency.
25    (e) If the applicant for repossession agency licensure is
26a partnership, then the application shall include (i) a

 

 

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1statement of the names and full residential addresses of all
2partners in the business and (ii) a sworn statement signed by
3each partner verifying the name of the person who is a licensed
4recovery manager and shall be in control or management of the
5business. If a licensed recovery manager who is not a partner
6shall be in control or management of the agency, then he or she
7must also sign the sworn statement. The application shall also
8state whether any of the partners has ever used an alias.
9    (f) If the applicant for licensure as a repossession
10agency is a corporation, then the application shall include
11(i) the names and full residential addresses of all
12corporation officers and (ii) a sworn statement signed by a
13duly authorized officer of the corporation verifying the name
14of the person who is a licensed recovery manager and shall be
15in control or management of the agency. If a licensed recovery
16manager who is not an officer shall be in control or management
17of the agency, then he or she must also sign the sworn
18statement. The application shall also state whether any of the
19officers has ever used an alias.
20    (g) If the applicant for licensure as a repossession
21agency is a limited liability company, then the application
22shall include (i) the names and full residential addresses of
23all members and (ii) a sworn statement signed by each member
24verifying the name of the person who is a licensed recovery
25manager and shall be in control or management of the agency. If
26a licensed recovery manager who is not a member shall be in

 

 

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1control or management of the agency, then he or she must also
2sign the sworn statement. The application shall also state
3whether any of the members has ever used an alias.
4    (h) Each individual, partner of a partnership, officer of
5a corporation, or member of a limited liability company shall
6submit with the application a copy of one form of personal
7identification upon which must appear a recent photograph
8taken within one year immediately preceding the date of the
9filing of the application. An applicant who is 21 years of age
10or older seeking a religious exemption to the photograph
11requirement of this subsection shall furnish with the
12application an approved copy of United States Department of
13the Treasury Internal Revenue Service Form 4029. Regardless of
14age, an applicant seeking a religious exemption to this
15photograph requirement shall submit fingerprints in a form and
16manner prescribed by the Commission with his or her
17application in lieu of a photograph.
18    (i) No examination shall be required for licensure as a
19repossession agency by the Commission.
20    (j) The Commission may require any additional information
21that, in the judgment of the Commission, shall enable the
22Commission to determine the qualifications of the applicant
23for licensure.
24    (k) Applicants have 90 days from the date of application
25to complete the application process. If the application has
26not been completed within 90 days, then the application shall

 

 

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1be denied, the fee shall be forfeited, and the applicant must
2reapply and meet the requirements in effect at the time of
3reapplication.
4    (l) Nothing in this Section precludes a domestic or
5foreign limited liability company being licensed as a
6repossession agency.
7    (m) A repossession agency license may be transferable upon
8prior notice to the Commission and upon completion of all
9requirements relative to the application process for
10repossession agency licensure.
11    (n) Repossessions performed in this State must be
12performed by repossession agencies, their employees, or agents
13licensed by the Commission, with the exception of financial
14institutions or the employees of a financial institution that
15are exempt under subsection (d) of Section 30 of this Act.
16(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
 
17    (225 ILCS 422/45)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 45. Repossession agency employee requirements.
20    (a) All employees of a licensed repossession agency whose
21duties include the actual repossession of collateral must
22apply for a recovery permit. The holder of a repossession
23agency license issued under this Act, known in this Section as
24the "employer", may employ in the conduct of the business
25under the following provisions:

 

 

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1        (1) No person may be issued a recovery permit who
2    meets any of the following criteria:
3            (A) Is younger than 21 years of age.
4            (B) Has been convicted of a crime identified in
5        paragraph (3) of subsection (a) of Section 80 of this
6        Act and the Commission determines the ability of the
7        person to engage in the position for which a permit is
8        sought is impaired as a result of the conviction.
9            (C) Has had a license or recovery permit denied,
10        suspended, or revoked under this Act.
11            (D) Has not successfully completed a certification
12        program approved by the Commission.
13        (2) No person may be employed by a repossession agency
14    under this Section until he or she has executed and
15    furnished to the Commission, on forms furnished by the
16    Commission, a verified statement to be known as an
17    "Employee's Statement" setting forth all of the following:
18            (A) The person's full name, age, and residence
19        address.
20            (B) The business or occupation engaged in for the
21        5 years immediately before the date of the execution
22        of the statement, the place where the business or
23        occupation was engaged in, and the names of the
24        employers, if any.
25            (C) That the person has not had a license or
26        recovery permit denied, revoked, or suspended under

 

 

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1        this Act.
2            (D) Any conviction of a felony, except as provided
3        for in Section 85.
4            (E) Any other information as may be required by
5        any rule of the Commission to show the good character,
6        competency, and integrity of the person executing the
7        statement.
8    (b) Each applicant for a recovery permit shall have his or
9her fingerprints submitted to the Commission by a Live Scan
10fingerprint vendor certified by the Illinois State Police
11under the Private Detective, Private Alarm, Private Security,
12Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
13format that complies with the form and manner for requesting
14and furnishing criminal history record information as
15prescribed by the Illinois State Police. These fingerprints
16shall be checked against the Illinois State Police and Federal
17Bureau of Investigation criminal history record databases now
18and hereafter filed. The Commission shall charge applicants a
19fee for conducting the criminal history records check, which
20shall not exceed the actual cost of the records check. The
21Illinois Commerce Commission Police shall furnish, pursuant to
22positive identification, records of Illinois convictions to
23the Commission. The Commission, in its discretion, may allow
24an applicant who does not have reasonable access to a
25designated vendor to provide his or her fingerprints in an
26alternative manner. The Commission, in its discretion, may

 

 

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1also use other procedures in performing or obtaining criminal
2history records checks of applicants. Instead of submitting
3his or her fingerprints, an individual may submit proof that
4is satisfactory to the Commission that an equivalent security
5clearance has been conducted.
6    (c) Qualified applicants shall purchase a recovery permit
7from the Commission and in a form that the Commission
8prescribes. The Commission shall notify the submitting person
9within reasonable time period 10 days after receipt of the
10application of its intent to issue or deny the recovery
11permit. The holder of a recovery permit shall carry the
12recovery permit at all times while actually engaged in the
13performance of the duties of his or her employment. No
14recovery permit shall be effective unless accompanied by a
15license issued by the Commission. Expiration and requirements
16for renewal of recovery permits shall be established by rule
17of the Commission. Possession of a recovery permit does not in
18any way imply that the holder of the recovery permit is
19employed by any agency unless the recovery permit is
20accompanied by the employee identification card required by
21subsection (e) of this Section.
22    (d) Each employer shall maintain a record of each employee
23that is accessible to the duly authorized representatives of
24the Commission. The record shall contain all of the following
25information:
26        (1) A photograph taken within 10 days after the date

 

 

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1    that the employee begins employment with the employer. The
2    photograph shall be replaced with a current photograph
3    every 3 calendar years.
4        (2) The Employee's Statement specified in paragraph
5    (2) of subsection (a) of this Section.
6        (3) All correspondence or documents relating to the
7    character and integrity of the employee received by the
8    employer from any official source or law enforcement
9    agency.
10        (4) In the case of former employees, the employee
11    identification card of that person issued under subsection
12    (e) of this Section.
13    (e) Every employer shall furnish an employee
14identification card to each of his or her employees. This
15subsection (e) shall not apply to office or clerical
16personnel. This employee identification card shall contain a
17recent photograph of the employee, the employee's name, the
18name and agency license number of the employer, the employee's
19personal description, the signature of the employer, the
20signature of that employee, the date of issuance, and an
21employee identification card number.
22    (f) No employer may issue an employee identification card
23to any person who is not employed by the employer in accordance
24with this Section or falsely state or represent that a person
25is or has been in his or her employ. It is unlawful for an
26applicant for registration to file with the Commission the

 

 

SB2496- 11 -LRB102 16942 SPS 22358 b

1fingerprints of a person other than himself or herself or to
2fail to exercise due diligence in resubmitting replacement
3fingerprints for those employees who have had original
4fingerprint submissions returned as unclassifiable. An agency
5shall inform the Commission within 15 days after contracting
6or employing a licensed repossession agency employee. The
7Commission shall develop a registration process by rule.
8    (g) Every employer shall obtain the identification card of
9every employee who terminates employment with the employer. An
10employer shall immediately report an identification card that
11is lost or stolen to the local police department having
12jurisdiction over the repossession agency location.
13    (h) No agency may employ any person to perform any
14activity under this Act unless the person possesses a valid
15license or recovery permit under this Act.
16    (i) If information is discovered affecting the
17registration of a person whose fingerprints were submitted
18under this Section, then the Commission shall so notify the
19agency that submitted the fingerprints on behalf of that
20person.
21    (j) A person employed under this Section shall have 15
22business days within which to notify the Commission of any
23change in employer, but may continue working under any other
24recovery permits granted as an employee or independent
25contractor. A recovery employee may work under the recovery
26permit for multiple licensed repossession agencies.

 

 

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1    (k) This Section applies only to those employees of
2licensed repossession agencies whose duties include actual
3repossession of collateral.
4    (l) An applicant who is 21 years of age or older seeking a
5religious exemption to the photograph requirement of this
6Section shall furnish with his or her application an approved
7copy of United States Department of the Treasury Internal
8Revenue Service Form 4029. Regardless of age, an applicant
9seeking a religious exemption to this photograph requirement
10shall submit fingerprints in a form and manner prescribed by
11the Commission with his or her application in lieu of a
12photograph.
13(Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19.)
 
14    (225 ILCS 422/50)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 50. Fees.
17    (a) The license and permit fees required under this Act
18are as follows:
19        (1) Class "R" license (recovery agency), $825.
20        (2) Class "RR" license (branch office), $425.
21        (3) Class "MR" license (recovery agency manager),
22    $325.
23        (4) Class "E" recovery permit, $75.
24        (5) Class "EE" recovery permit (recovery agent
25    intern), $75.

 

 

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1    An agency shall submit an application to register any
2remote storage location or locations. The Commission shall
3develop by rule the requirements for registering remote
4storage locations. The fee for each registration shall not
5exceed $300 as set by the Commission.
6    (b) The Commission may establish by rule a fee for the
7replacement or revision of a license or recovery permit.
8    (c) The fees set forth in this Act or by rule Section must
9be paid by certified check or money order, or at the discretion
10of the Commission, by agency check at the time of application.
11The Commission, at its discretion, may also allow for the
12submission of electronic payments. An applicant filing an
13application, registration, or form that carries a fee must pay
14the associated fee at the time the application, registration,
15or form is filed. Once paid, all fees are nonrefundable An
16applicant for a Class "E", Class "EE", or Class "MR" license or
17permit must pay the license or permit fee at the time the
18application is made. If a license or permit is revoked or
19denied, or if an application is withdrawn, then the license or
20permit fee shall not be refunded.
21(Source: P.A. 97-576, eff. 7-1-12.)
 
22    (225 ILCS 422/75)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 75. Licenses and recovery permits; renewals;
25restoration; person in military service.

 

 

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1    (a) An original Class "R" license, Class "RR" license, and
2Class "MR" license shall expire 2 years after the date of
3issuance.
4    (b) An original Class "E" recovery permit and Class "EE"
5recovery permit shall expire one year after the date of
6issuance.
7    (c) A renewal Class "R" license, Class "RR" license and
8Class "MR" license shall expire 2 years after the date of
9renewal.
10    (d) A renewal Class "E" recovery permit and Class "EE"
11recovery permit shall expire one year after the date of
12renewal.
13    (e) The following are guidelines for the classes of
14licensure and registration:
15        (1) Any person, firm, company, partnership, or
16    corporation that engages in business as a recovery agency
17    shall have a Class "R" license. A Class "R" license is
18    valid for only one location.
19        (2) Each branch office of a Class "R" agency shall
20    have a Class "RR" license.
21        (3) Any individual who performs the services of a
22    manager for a Class "R" recovery agency or a Class "RR"
23    branch office must have a Class "MR" license.
24        (4) Any individual who performs recovery services as a
25    repossession agency employee for a Class "R" recovery
26    agency or a Class "RR" branch office must have a Class "E"

 

 

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1    recovery permit.
2        (5) Any individual who performs repossessions as an
3    intern under the direction and control of a designated,
4    sponsoring Class "E" recovery permit or a designated,
5    sponsoring Class "MR" license shall have a Class "EE"
6    recovery permit.
7        (6) An individual shall have a Class "MR" or Class "E"
8    recovery permit if he or she owns or is an employee of a
9    Class "R" agency or Class "RR" branch office.
10        (7) Class "MR", Class "E", and Class "EE" licenses and
11    recovery permits are not transferable.
12    (f) At least 90 days prior to the expiration of a license
13or recovery permit, the Commission shall send mail to the
14license or permit holder a renewal notice form in the form and
15manner prescribed by the Commission. The license holder or
16recovery permit holder must complete and submit mail the
17renewal form to the Commission, pay any fines assessed, and
18pay any renewal fee required by the Commission. Applications
19for renewal of a license or permit shall be filed with the
20Commission no earlier than 90 days and not later than 45 days
21prior to the expiration of a license or permit. When a license
22holder or permit holder has made such timely and sufficient
23application for the renewal of a license or recovery permit,
24the existing license or recovery permit shall continue in full
25force and effect until the final agency decision on the
26application has been made, unless a later date is fixed by

 

 

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1order of a reviewing court.
2    (g) Any person or entity that has permitted a license or
3recovery permit to expire may have that license or recovery
4permit restored by making an application to the Commission
5within one year after the expiration of a repossession
6agency's license or a qualified manager license or within 30
7days after the expiration of a recovery permit, filing proof
8acceptable to the Commission of fitness to have the license or
9recovery permit restored, and paying the required restoration
10fee. However, any person whose license or recovery permit
11expired while (i) in federal service on active duty with the
12Armed Forces of the United States or called into service or
13training with the State militia or (ii) in training or
14education under the supervision of the United States
15preliminary to induction into military service may have his or
16her license or recovery permit renewed or restored without
17paying any lapsed renewal fees, if within 2 years after
18honorable termination of the service, training, or education,
19except under condition other than honorable, he or she
20furnishes the Commission with satisfactory evidence to the
21effect that he or she has been so engaged and that the service,
22training, or education has been so terminated.
23    (h) A suspended repossession agency license, recovery
24manager license, or recovery permit is subject to expiration
25as set forth in this Section. Renewal of a certificate or
26registration card does not entitle the license holder or

 

 

SB2496- 17 -LRB102 16942 SPS 22358 b

1recovery permit holder, while the license or recovery permit
2remains suspended and until it is reinstated, to engage in the
3licensed or permitted activity.
4    (i) A revoked repossession agency license, recovery
5manager license, or recovery permit is subject to expiration
6as set forth in this Section; however, it may not be renewed.
7If a revoked license or recovery permit is reinstated after
8its expiration, then the license holder or recovery permit
9holder, as a condition of reinstatement, shall pay a
10reinstatement fee in an amount equal to the renewal fee in
11effect on the last regular renewal date prior to the date on
12which the license or recovery permit is reinstated and any
13additional delinquency fee required by the Commission.
14    (j) Any person or entity that notifies the Commission, in
15writing on forms prescribed by the Commission, may place a
16license or recovery permit on inactive status and shall be
17excused from the payment of renewal fees until the person or
18entity notifies the Commission in writing of the intention to
19resume active practice. Any person or entity requesting that a
20license or recovery permit be changed from inactive to active
21status shall be required to pay the current renewal fee.
22    (k) Any repossession agency license holder, recovery
23manager license holder, or recovery permit holder whose
24license or recovery permit is nonrenewed or on inactive status
25shall not engage in the practice of recovery in this State or
26use the title or advertise that he, she, or it performs the

 

 

SB2496- 18 -LRB102 16942 SPS 22358 b

1services of a licensed repossession agency, licensed recovery
2manager, or repossession agency employee.
3    (l) Any person violating subsection (k) of this Section
4shall be considered to be operating a repossession agency
5without a license, acting as a recovery manager without a
6license, or acting as a repossession agency employee without a
7recovery permit and is subject to the disciplinary provisions
8of this Act.
9    (m) A repossession agency license, recovery manager
10license, or recovery permit that is not renewed within 3 years
11after its expiration may not be renewed, restored, reinstated,
12or reissued thereafter. The holder of the license or recovery
13permit may obtain a new license or recovery permit only upon
14compliance with all of the provisions of this Act concerning
15the issuance of original licenses or recovery permits.
16(Source: P.A. 97-576, eff. 7-1-12.)
 
17    (225 ILCS 422/85)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 85. Consideration of past crimes.
20    (a) The Commission shall not require the license or permit
21holder or applicant to report the following information and
22shall not consider the following criminal history records in
23connection with an application for a license or permit under
24this Act:
25        (1) Juvenile adjudications of delinquent minors as

 

 

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1    defined in Section 5-105 of the Juvenile Court Act of
2    1987, subject to the restrictions set forth in Section
3    5-130 of the Juvenile Court Act of 1987.
4        (2) Law enforcement records, court records, and
5    conviction records of an individual who was 17 18 years
6    old or younger at the time of the conviction for the
7    offense and before January 1, 2014, unless the nature of
8    the offense required the individual to be tried as an
9    adult.
10        (3) Records of arrest not followed by a conviction.
11        (4) Convictions overturned by a higher court.
12        (5) Convictions or arrests that have been sealed or
13    expunged.
14    (b) When considering the denial of a license or recovery
15permit on the grounds of conviction of a crime, the
16Commission, in evaluating whether the conviction will impair
17the license or permit holder's or applicant's ability to
18engage in the position for which a license or permit is sought
19and the license or permit holder's or applicant's present
20eligibility for a license or recovery permit, shall consider
21each of the following criteria:
22        (1) The lack of direct relation of the offense for
23    which the license or permit holder or applicant was
24    previously convicted to the duties, functions, and
25    responsibilities of the position for which a license or
26    permit is sought.

 

 

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1        (2) Circumstances relative to the offense, including
2    the license or permit holder's or applicant's age at the
3    time that the offense was committed.
4        (3) Evidence of any act committed subsequent to the
5    act or crime under consideration as grounds for denial,
6    which also could be considered as grounds for disciplinary
7    action under this Act.
8        (4) Whether 5 years since a conviction or 3 years
9    since successful completion of the imposed sentence for
10    the conviction, whichever is later, have passed without a
11    subsequent conviction.
12        (5) Successful completion of sentence or for license
13    or permit holders or applicants serving a term of parole
14    or probation, a progress report provided by the license or
15    permit holder's or applicant's probation or parole officer
16    that documents the license or permit holder's or
17    applicant's compliance with conditions of supervision.
18        (6) If the license or permit holder or applicant was
19    previously licensed or employed in this State or other
20    states or jurisdictions, then the lack of prior misconduct
21    arising from or related to the licensed position or
22    position of employment.
23        (7) Evidence of rehabilitation or rehabilitative
24    effort during or after incarceration, or during or after a
25    term of supervision, including, but not limited to, a
26    certificate of good conduct under Section 5-5.5-25 of the

 

 

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1    Unified Code of Corrections or a certificate of relief
2    from disabilities under Section 5-5.5-10 of the Unified
3    Code of Corrections.
4        (8) Any other mitigating factors that contribute to
5    the license or permit holder's or applicant's potential
6    and current ability to perform the duties and
7    responsibilities of practices licensed or registered under
8    this Act.
9    (c) When considering the suspension or revocation of a
10license or recovery permit on the grounds of conviction of a
11crime, the Commission, in evaluating the rehabilitation of the
12license or permit holder, whether the conviction will impair
13the license or permit holder's ability to engage in the
14position for which a license or permit is sought, and the
15license or permit holder's present eligibility for a license
16or recovery permit, shall consider each of the following
17criteria:
18        (1) The nature and severity of the act or offense.
19        (2) The license holder's or recovery permit holder's
20    criminal record in its entirety.
21        (3) The amount of time that has elapsed since the
22    commission of the act or offense.
23        (4) Whether the license holder or recovery permit
24    holder has complied with any terms of parole, probation,
25    restitution, or any other sanctions lawfully imposed
26    against him or her.

 

 

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1        (5) If applicable, evidence of expungement
2    proceedings.
3        (6) Evidence, if any, of rehabilitation submitted by
4    the license holder or recovery permit holder.
5    (d) If the Commission refuses to issue or renew a license
6or permit, or suspends, revokes, places on probation, or takes
7any disciplinary action that the Commission may deem proper
8against a license or permit, then the Commission shall notify
9the license or permit holder or applicant of the decision in
10writing with the following included in the notice of decision:
11        (1) a statement about the decision;
12        (2) a list of the convictions that the Commission
13    determined will impair the license or permit holder's or
14    applicant's ability to engage in the position for which a
15    license or permit is sought;
16        (3) a list of convictions that formed the sole or
17    partial basis for the decision; and
18        (4) a summary of the appeal process or the earliest
19    reapplication for a license or permit is permissible,
20    whichever is applicable.
21    (e) No later than May 1 of each year, the Commission must
22prepare, publicly announce, and publish a report of summary
23statistical information relating to new and renewal license or
24permit applications during the preceding calendar year. Each
25report shall show, at a minimum:
26        (1) the number of applicants for a new or renewal

 

 

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1    license or permit under this Act within the previous
2    calendar year;
3        (2) the number of applicants for a new or renewal
4    license or permit under this Act within the previous
5    calendar year who had a criminal conviction identified in
6    paragraph (3) of subsection (a) of Section 80;
7        (3) the number of applicants for a new or renewal
8    license or permit under this Act in the previous calendar
9    year who were granted a license or permit;
10        (4) the number of applicants for a new or renewal
11    license or permit with a criminal conviction identified in
12    paragraph (3) of subsection (a) of Section 80 who were
13    granted a license or permit under this Act within the
14    previous calendar year;
15        (5) the number of applicants for a new or renewal
16    license or permit under this Act within the previous
17    calendar year who were denied a license or permit;
18        (6) the number of applicants for a new or renewal
19    license or permit with a criminal conviction identified in
20    paragraph (3) of subsection (a) of Section 80 who were
21    denied a license or permit under this Act in the previous
22    calendar year in whole or in part because of the prior
23    conviction;
24        (7) the number of licenses or permits issued with a
25    condition of probation without monitoring imposed by the
26    Commission under this Act in the previous calendar year to

 

 

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1    applicants with a criminal conviction identified in
2    paragraph (3) of subsection (a) of Section 80; and
3        (8) the number of licenses or permits issued with a
4    condition of probation with monitoring imposed by the
5    Commission under this Act in the previous calendar year to
6    applicants with a criminal conviction identified in
7    paragraph (3) of subsection (a) of Section 80.
8(Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19;
9101-81, eff. 7-12-19.)
 
10    Section 99. Effective date. This Act takes effect January
111, 2022, except that this Section and Section 5 take effect
12upon becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.32
4    5 ILCS 80/4.41 new
5    225 ILCS 422/35
6    225 ILCS 422/45
7    225 ILCS 422/50
8    225 ILCS 422/75
9    225 ILCS 422/85