SB2604 96TH GENERAL ASSEMBLY

LRB096 17968 ASK 33337 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2604

Introduced 1/21/2010, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

20 ILCS 2105/2105-207 new

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any licensee disciplined under a licensure Act administered by the Division of Professional Regulation for an offense relating to the failure to pay taxes, child support, or student loans or relating to continuing education or advertising may file a petition with the Department on forms provided by the Department, along with the required fee of $200, to have the records of that offense removed from public view on the Department's website if certain conditions are met. Provides that nothing shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, other governmental body, or the public. Provides that removal of records of a disciplinary offense from the Department's website shall not be considered a vacating or expunging of the offense from the licensee's disciplinary record. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by adding Section 2105-207 as follows:

(20 ILCS 2105/2105-207 new)

Sec. 2105-207. Petition to remove disciplinary records from public view.

(a) Any licensee disciplined under a licensure Act administered by the Division of Professional Regulation for an offense relating to the failure to pay taxes, child support, or student loans or relating to continuing education or advertising may file a petition with the Department on forms provided by the Department, along with the required fee of $200, to have the records of that offense removed from public view on the Department's website. A petition to remove disciplinary records shall only be considered by the Department if:

(1) the application is submitted more than 10 years after the disciplinary offense occurred;

(2) the licensee has had no incidents of discipline under this Act since the disciplinary offense identified in the petition occurred;

(3) the Department has no pending investigations against the licensee; and

(4) the licensee is not currently in a disciplinary status.

(b) A petition to remove disciplinary records shall be submitted to and considered by the Director of the Division of Professional Regulation upon submission of a petition and the required non-refundable fee. The Department may establish additional requirements by rule. The Department is not required to report the removal of any disciplinary record to any national database. Nothing in this Section shall prohibit the Department from using a previous discipline for any regulatory purpose or from releasing records of a previous discipline upon request from law enforcement, other governmental body, or the public. Removal of records of a disciplinary offense from the Department's website pursuant to this Section shall not be considered a vacating or expunging of the offense from the licensee's disciplinary record.

Section 99. Effective date. This Act takes effect upon becoming law.