|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1166 Introduced 2/5/2019, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
| 20 ILCS 5/5-725 new | | 225 ILCS 210/2005 | from Ch. 96 1/2, par. 1-2005 | 225 ILCS 320/10 | from Ch. 111, par. 1109 | 225 ILCS 320/17 | from Ch. 111, par. 1116 | 225 ILCS 345/9 | from Ch. 111, par. 7110 | 225 ILCS 635/3.2 | from Ch. 56 1/2, par. 242.2 | 225 ILCS 705/4.01 | from Ch. 96 1/2, par. 401 | 225 ILCS 705/5.01 | from Ch. 96 1/2, par. 501 | 225 ILCS 705/6.01 | from Ch. 96 1/2, par. 601 | 225 ILCS 705/7.02 | from Ch. 96 1/2, par. 702 | 225 ILCS 705/7.04 | from Ch. 96 1/2, par. 704 | 225 ILCS 705/27.01 | from Ch. 96 1/2, par. 2701 | 225 ILCS 705/27.02 | from Ch. 96 1/2, par. 2702 | 225 ILCS 705/32.02 | from Ch. 96 1/2, par. 3202 | 225 ILCS 705/32.03 | from Ch. 96 1/2, par. 3203 | 235 ILCS 5/6-2 | from Ch. 43, par. 120 | 240 ILCS 5/19 | from Ch. 17, par. 1469 |
|
Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes.
|
| |
| | A BILL FOR |
|
|
| | SB1166 | | LRB101 06039 JRG 51060 b |
|
|
1 | | AN ACT concerning regulation.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Civil Administrative Code of Illinois is |
5 | | amended by adding Section 5-725 as follows: |
6 | | (20 ILCS 5/5-725 new) |
7 | | Sec. 5-725. Licensure; immigration status. Except as |
8 | | otherwise provided by law, no department may deny an |
9 | | occupational or professional license based solely on the |
10 | | applicant's citizenship status or immigration status. The |
11 | | General Assembly finds and declares that this Section is a |
12 | | State law within the meaning of subsection (d) of Section 1621 |
13 | | of Title 8 of the United States Code. Nothing in this Section |
14 | | shall affect the requirements to obtain a license that are not |
15 | | directly related to citizenship status or immigration status. |
16 | | Nothing in this Section shall be construed to grant eligibility |
17 | | for obtaining any public benefit other than a license. |
18 | | Section 10. The Illinois Explosives Act is amended by |
19 | | changing Section 2005 as follows:
|
20 | | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
|
21 | | Sec. 2005. Qualifications for licensure. |
|
| | SB1166 | - 2 - | LRB101 06039 JRG 51060 b |
|
|
1 | | (a) No person shall qualify to hold a license who: |
2 | | (1) is under 21 years of age; |
3 | | (2) has been convicted in any court of a crime |
4 | | punishable by imprisonment for a term exceeding one year; |
5 | | (3) is under indictment for a crime punishable by |
6 | | imprisonment for a term exceeding one year; |
7 | | (4) is a fugitive from justice; |
8 | | (5) is an unlawful user of or addicted to any |
9 | | controlled substance as defined in Section 102 of the |
10 | | federal Controlled Substances Act (21 U.S.C. Sec. 802 et |
11 | | seq.); |
12 | | (6) has been adjudicated a person with a mental |
13 | | disability as defined in Section 1.1 of the Firearm Owners |
14 | | Identification Card Act; or |
15 | | (7) is not a legal citizen of the United States or |
16 | | admitted for permanent residence . |
17 | | (b) A person who has been granted a "relief from |
18 | | disabilities" regarding criminal convictions and indictments, |
19 | | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. |
20 | | 845) may receive a license provided all other qualifications |
21 | | under this Act are met.
|
22 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
|
23 | | Section 15. The Illinois Plumbing License Law is amended by |
24 | | changing Sections 10 and 17 as follows:
|
|
| | SB1166 | - 3 - | LRB101 06039 JRG 51060 b |
|
|
1 | | (225 ILCS 320/10) (from Ch. 111, par. 1109)
|
2 | | Sec. 10.
(1) An applicant for a plumber's license shall |
3 | | file a written
application in the office of the Department on |
4 | | the form designated by the
Department at least 30 days before |
5 | | the date set by the Department for the
examination.
|
6 | | (2) The Director shall promptly approve the application for |
7 | | examination if:
|
8 | | (a) the required application fee has been paid, and
|
9 | | (b) (blank), and the applicant has submitted evidence |
10 | | that he or she is a citizen
of the United States or has |
11 | | declared his or her intention to become a
citizen, and
|
12 | | (c) the applicant has submitted evidence that he or she |
13 | | has completed
at least a 2 year course of study in a high |
14 | | school, or an equivalent
course of study, and
|
15 | | (d) the applicant has been employed as an Illinois |
16 | | licensed apprentice
plumber under supervision in |
17 | | accordance with this Act for at least 4 years
preceding the |
18 | | date of application and has submitted evidence that he or |
19 | | she
has worked at the plumbing trade in accordance with |
20 | | this Act for the 4 year
Illinois licensed apprentice |
21 | | plumber apprenticeship period, or
|
22 | | (e) the applicant has submitted evidence that he or she |
23 | | has
successfully completed an approved course of |
24 | | instruction in plumbing supervised directly by an Illinois |
25 | | licensed plumber in
colleges, universities, or trade |
26 | | schools.
|
|
| | SB1166 | - 4 - | LRB101 06039 JRG 51060 b |
|
|
1 | | (3) If the application for examination is approved, the |
2 | | Department shall
promptly notify the applicant in writing of |
3 | | such approval and of the place
and time of the examination. If |
4 | | the application is disapproved, the Department
shall promptly |
5 | | notify the applicant in writing of such disapproval, stating
|
6 | | the reasons for disapproval.
|
7 | | (4) If an applicant neglects, fails or refuses to take an |
8 | | examination
for license under this Act, the application is |
9 | | denied. However, such
applicant may submit a new application |
10 | | for examination, accompanied by the
required application fee. |
11 | | Application fees for examination for a plumber's
license are |
12 | | not refundable.
|
13 | | (Source: P.A. 99-504, eff. 1-1-17 .)
|
14 | | (225 ILCS 320/17) (from Ch. 111, par. 1116)
|
15 | | Sec. 17.
(a)
Upon the payment of the required fee, an |
16 | | applicant who is a plumber,
registered or licensed in another |
17 | | state, or municipality, may, without examination,
be granted a |
18 | | license as a licensed plumber by the Department provided:
|
19 | | (1) that the applicant is at least twenty-one years of |
20 | | age and is a citizen
of the United States, or has declared |
21 | | his
intention to become a citizen , and
|
22 | | (2) that the Board finds that the requirements for the |
23 | | registration or
licensing of plumbers in such other state |
24 | | or municipality,
were, at the date of the registration or |
25 | | license,
substantially equal to the requirements then in |
|
| | SB1166 | - 5 - | LRB101 06039 JRG 51060 b |
|
|
1 | | force in this State, and
provided that the same privilege |
2 | | of registration is accorded by said state or
municipality, |
3 | | to licensed plumbers in the
State of Illinois.
|
4 | | (b) A plumber licensed or registered as a plumber by |
5 | | another state or municipality,
whose license requirements are |
6 | | substantially equal
to the requirements for an Illinois |
7 | | Plumber's license, and such governmental unit,
does not have a |
8 | | reciprocal agreement with the State of Illinois, may apply for |
9 | | and be
issued an Illinois Plumber's license provided that the |
10 | | applicant successfully passes the
Illinois plumber's |
11 | | examination and pays the required fees.
|
12 | | (Source: P.A. 79-1000.)
|
13 | | Section 20. The Water Well and Pump Installation |
14 | | Contractor's License Act is amended by changing Section 9 as |
15 | | follows:
|
16 | | (225 ILCS 345/9) (from Ch. 111, par. 7110)
|
17 | | (Section scheduled to be repealed on January 1, 2022)
|
18 | | Sec. 9.
Applications for a license, or for renewal thereof, |
19 | | and applications
for examination shall be made to the |
20 | | Department in writing and under
oath or affirmation, upon forms |
21 | | prescribed and furnished by the
Department. Such applications |
22 | | shall contain such information as the
Department deems |
23 | | necessary in order to carry out the provisions of this
Act.
|
24 | | The Department shall issue a Water Well Contractor's |
|
| | SB1166 | - 6 - | LRB101 06039 JRG 51060 b |
|
|
1 | | license, a Water
Well Pump Installation Contractor's license, |
2 | | or a Water Well and Pump
Installation Contractor's license to |
3 | | any applicant therefor who:
|
4 | | (a) is at least 18 years of age,
|
5 | | (b) (blank), is a citizen of the United States or has |
6 | | declared his intention
to become a citizen of the United |
7 | | States,
|
8 | | (c) possesses a good moral character,
|
9 | | (d) has had the required experience as follows:
|
10 | | (1) an applicant for a water well contractor's |
11 | | license shall have
worked two years under the |
12 | | supervision of a licensed water well
contractor,
|
13 | | (2) an applicant for a water well pump installation |
14 | | contractor's
license shall have worked two years under |
15 | | the supervision of a licensed
water well pump |
16 | | installation contractor or in the case of those
|
17 | | applicants whose experience was gained prior to |
18 | | January 1, 1972, under
the supervision of a contractor |
19 | | who was engaged in water well pump
installation,
|
20 | | (3) an applicant for a water well and pump |
21 | | installation contractor's
license shall have worked |
22 | | two years for a licensed water well and pump
|
23 | | installation contractor and the applicant shall show |
24 | | evidence
satisfactory to the Department that he was |
25 | | engaged in both water well
contracting and pump |
26 | | installing during the two year period. For those
|
|
| | SB1166 | - 7 - | LRB101 06039 JRG 51060 b |
|
|
1 | | applicants who gained their experience prior to |
2 | | January 1, 1972, it
shall be sufficient for them to |
3 | | show that they worked under the
supervision of a |
4 | | licensed water well contractor who was engaged in pump
|
5 | | installation and that they did work in both fields.
|
6 | | (e) has made a satisfactory grade on the examination |
7 | | for the
particular license for which he is applying.
|
8 | | (f) has paid the fee provided by statute.
|
9 | | Such licenses shall be serially numbered, shall be signed |
10 | | by the
Director and issued under the seal of the Department.
|
11 | | (Source: P.A. 81-791 .)
|
12 | | Section 25. The Illinois Horse Meat Act is amended by |
13 | | changing Section 3.2 as follows:
|
14 | | (225 ILCS 635/3.2) (from Ch. 56 1/2, par. 242.2)
|
15 | | Sec. 3.2. The following persons are ineligible for |
16 | | licenses:
|
17 | | a. A person who is not a resident of the city, village |
18 | | or county in
which the premises covered by the license are |
19 | | located; except in case of
railroad or boat licenses.
|
20 | | b. A person who is not of good character and reputation |
21 | | in the community
in which he resides.
|
22 | | c. (Blank). A person who is not a citizen of the United |
23 | | States.
|
24 | | d. A person with a prior conviction of a felony or a |
|
| | SB1166 | - 8 - | LRB101 06039 JRG 51060 b |
|
|
1 | | misdemeanor that is directly related to the practice of the |
2 | | profession where such conviction will impair the person's |
3 | | ability to engage in the licensed position.
|
4 | | e. (Blank).
|
5 | | f. A person whose license issued under this Act has |
6 | | been revoked for
cause.
|
7 | | g. A person who at the time of application for renewal |
8 | | of any license
issued hereunder would not be eligible for |
9 | | such license upon a first
application.
|
10 | | h. A co-partnership, unless all of the members of such |
11 | | co-partnership
shall be qualified to obtain a license.
|
12 | | i. A corporation, if any officer, manager or director |
13 | | thereof or any
stockholder or stockholders owning in the |
14 | | aggregate more than five percent
(5%) of the stock of such |
15 | | corporation, would not be eligible to receive a
license |
16 | | hereunder for any reason other than citizenship and |
17 | | residence
within the political subdivision.
|
18 | | j. A person whose place of business is conducted by a |
19 | | manager or agent
unless said manager or agent possesses the |
20 | | same qualifications required of
the licensee.
|
21 | | (Source: P.A. 100-286, eff. 1-1-18 .)
|
22 | | Section 30. The Coal Mining Act is amended by changing |
23 | | Sections 4.01, 5.01, 6.01, 7.02, 7.04, 27.01, 27.02, 32.02, and |
24 | | 32.03 as follows:
|
|
| | SB1166 | - 9 - | LRB101 06039 JRG 51060 b |
|
|
1 | | (225 ILCS 705/4.01) (from Ch. 96 1/2, par. 401)
|
2 | | Sec. 4.01.
Each applicant for a certificate of competency |
3 | | as State Mine
Inspector shall produce evidence satisfactory to |
4 | | the Mining Board that he
is a resident citizen of this State, |
5 | | at least thirty years of age; that he has had a
practical |
6 | | mining experience of ten years, of which at least two years |
7 | | shall
have been in the State of Illinois, and that he is a man |
8 | | of good repute and
temperate habits; and that he has a first |
9 | | class mine manager's certificate.
He shall pass an examination |
10 | | as to his practical and technological knowledge
of mine |
11 | | appliances; of the proper development and operation of coal |
12 | | mines; of ventilation in mines; of the nature and properties of
|
13 | | mine gases; of first aid to the injured and of mine rescue |
14 | | methods and
appliances, as prescribed by the Department of |
15 | | Natural Resources; of the geology of coal measures in
this |
16 | | State; and of the laws of this State relating to coal mines.
|
17 | | (Source: P.A. 89-445, eff. 2-7-96.)
|
18 | | (225 ILCS 705/5.01) (from Ch. 96 1/2, par. 501)
|
19 | | Sec. 5.01.
Each applicant for a certificate of competency |
20 | | as mine manager
shall produce evidence satisfactory of the |
21 | | Mining Board that he is a
citizen of the United States, at |
22 | | least 23 years of age; that he
has had at least 4 years' |
23 | | practical underground mining experience; has been issued a |
24 | | Certificate of Competency as Mine Examiner, or its equivalent
|
25 | | issued by another state; and
that he has
satisfactorily |
|
| | SB1166 | - 10 - | LRB101 06039 JRG 51060 b |
|
|
1 | | completed a course of instruction in first aid to the
injured |
2 | | and mine rescue methods and appliances prescribed by the
|
3 | | Department; and that he is a man of good repute and temperate |
4 | | habits. He
shall also pass such examination as to his |
5 | | experience in mines and in the
management of men; his knowledge |
6 | | of mine machinery and appliances; the use
of surveying and |
7 | | other instruments used in mining; the properties of mine
gases; |
8 | | the principles of ventilation; and the legal duties and
|
9 | | responsibilities of mine managers, as shall be prescribed by |
10 | | the rules of
the Mining Board.
|
11 | | Persons who have graduated and hold a degree in
engineering |
12 | | or an approved 4-year program in coal mining technology from an |
13 | | accredited
school, college or university are
required to have |
14 | | only 2 years' practical underground mining experience
to |
15 | | qualify for the examination for a Certificate of Competency.
|
16 | | Persons who have graduated and hold a two-year Associate
in |
17 | | Applied Science Degree in Coal Mining Technology from an
|
18 | | accredited school, college or university are required to have
|
19 | | only 3 years' practical underground mining experience to |
20 | | qualify
for the examination for a Certificate of Competency.
|
21 | | (Source: P.A. 79-876.)
|
22 | | (225 ILCS 705/6.01) (from Ch. 96 1/2, par. 601)
|
23 | | Sec. 6.01.
Each applicant for a certificate of competency |
24 | | as mine examiner
shall produce evidence satisfactory to the |
25 | | Mining Board that he is a
citizen of the United States, at |
|
| | SB1166 | - 11 - | LRB101 06039 JRG 51060 b |
|
|
1 | | least 21 years of age and of good
repute and temperate habits |
2 | | and that he has had at least 4 years
practical underground |
3 | | mining experience,
and has been issued a First Class |
4 | | Certificate of Competency by the
Department of Natural |
5 | | Resources.
He shall pass an examination as to his
experience in |
6 | | mines generating dangerous gases, his practical and
|
7 | | technological knowledge of the nature and properties of mine |
8 | | gases, the laws
of ventilation, the structures and use of |
9 | | multi-gas detectors, and the laws of
this State relating to |
10 | | safeguards against fires from any source in mines.
He shall |
11 | | also submit to the Mining Board satisfactory evidence that he |
12 | | has
completed a course of training in first aid to the injured |
13 | | and mine rescue
methods and appliances prescribed by the |
14 | | Department. Persons who
have graduated and hold a degree in |
15 | | engineering or an approved 4-year program
in coal mining |
16 | | technology
from an accredited
school, college, or university, |
17 | | are required to have only 2 years of
practical underground |
18 | | mining experience to qualify for the examination for a
|
19 | | certificate of competency.
|
20 | | Persons who have graduated and hold a two-year Associate in |
21 | | Applied
Science Degree in Coal Mining Technology from an |
22 | | accredited school, college
or university are required to have |
23 | | only 3 years' practical underground
mining experience to |
24 | | qualify for the examination for a Certificate of
Competency as |
25 | | a Mine Examiner.
|
26 | | (Source: P.A. 99-538, eff. 1-1-17 .)
|
|
| | SB1166 | - 12 - | LRB101 06039 JRG 51060 b |
|
|
1 | | (225 ILCS 705/7.02) (from Ch. 96 1/2, par. 702)
|
2 | | Sec. 7.02.
Each applicant for a certificate of competency |
3 | | as electrical
hoisting engineer shall produce evidence |
4 | | satisfactory to the Mining Board
that he is a citizen of the |
5 | | United States, at least 21 years of age, that
he has had two |
6 | | years' experience with electrical hoisting equipment, or
has |
7 | | completed a training course in operation and maintenance of |
8 | | electrical
hoisting machinery approved by the Mining Board , and |
9 | | is of good repute and
temperate habits. He shall pass an |
10 | | examination as to his practical and technical
knowledge of the |
11 | | construction of same, the care and adjustment of electrical
|
12 | | hoisting engines, the management and efficiency of electric |
13 | | pumps, ropes
and winding apparatus and as to his knowledge of |
14 | | the laws of this State
in relation to signals and the hoisting |
15 | | and lowering of men at mines.
|
16 | | (Source: P.A. 79-876.)
|
17 | | (225 ILCS 705/7.04) (from Ch. 96 1/2, par. 704)
|
18 | | Sec. 7.04.
The Mining Board may grant a permit to operate a |
19 | | second motion
engine, or internal combustion engine, at any |
20 | | mine employing not more than
10 men, to any person recommended |
21 | | to the Mining Board by the State Mine
Inspector of the |
22 | | district. The applicant for such permit shall have filed
with |
23 | | the Mining Board satisfactory evidence that he is a citizen of |
24 | | the
United States, that he has had at least one year of |
|
| | SB1166 | - 13 - | LRB101 06039 JRG 51060 b |
|
|
1 | | experience in operating
a steam engine, steam boiler, or |
2 | | internal combustion engine and understands
the handling and |
3 | | care of the same. Such application shall be accompanied by
a |
4 | | statement from at least three persons who will testify from |
5 | | their
personal knowledge of the applicant that he is a man of |
6 | | good repute and
personal habits, and that he has, in their |
7 | | judgment, a knowledge of and
experience in handling boilers and |
8 | | engines as required in this section.
Such permit shall apply |
9 | | only to the mine for which it was issued, and for a
period not |
10 | | to exceed one year, except such permit, when it expires, may be
|
11 | | renewed by the Mining Board from year to year if the person |
12 | | holding same
requests renewal, and certifies by sworn statement |
13 | | that all the
circumstances and conditions are the same as when |
14 | | said permit was
originally issued.
|
15 | | (Source: Laws 1957, p. 2413.)
|
16 | | (225 ILCS 705/27.01) (from Ch. 96 1/2, par. 2701)
|
17 | | Sec. 27.01.
In all mines in this State which are classified |
18 | | as gassy by the
State Mine Inspector, and where coal is broken |
19 | | down by the use of
explosives, a sufficient number of first |
20 | | class miners, who are citizens of
the United States or admitted |
21 | | for permanent residence and able to speak and understand the |
22 | | American Language ,
shall be designated and employed as drillers |
23 | | and shooters or shot firers.
The duties of the drillers and |
24 | | shooters or shot firers shall be to prepare
permissible |
25 | | explosives for breaking down coal in a safe, practical and
|
|
| | SB1166 | - 14 - | LRB101 06039 JRG 51060 b |
|
|
1 | | workmanlike manner, and to fire or detonate the same.
|
2 | | (Source: Laws 1953, p. 701.)
|
3 | | (225 ILCS 705/27.02) (from Ch. 96 1/2, par. 2702)
|
4 | | Sec. 27.02.
In all mines in this State which are classified |
5 | | as non-gassy by
the State Mine Inspector, and where coal is |
6 | | broken down by the use of
explosives, a sufficient number of |
7 | | first-class miners, who are citizens of
the United States or |
8 | | admitted for permanent residence and able to speak and |
9 | | understand the American language ,
shall be designated and |
10 | | employed as drillers and shooters or as shot
firers. The duties |
11 | | of the drillers and shooters or shot firers shall be to
prepare |
12 | | permissible explosives for breaking down coal in a safe, |
13 | | practical
and workmanlike manner, and to fire or detonate the |
14 | | same.
|
15 | | (Source: Laws 1953, p. 701.)
|
16 | | (225 ILCS 705/32.02) (from Ch. 96 1/2, par. 3202)
|
17 | | Sec. 32.02.
The person authorized to weigh the coal and |
18 | | keep the record
thereof shall be a citizen of the United |
19 | | States, and shall , before entering
upon his duties, make and |
20 | | subscribe to an oath before some person duly
authorized to |
21 | | administer oaths, that he will accurately weigh and carefully
|
22 | | keep a true record of all coal weighed, and such affidavit |
23 | | shall be kept
conspicuously posted at the place of weighing.
|
24 | | (Source: Laws 1953, p. 701.)
|
|
| | SB1166 | - 15 - | LRB101 06039 JRG 51060 b |
|
|
1 | | (225 ILCS 705/32.03) (from Ch. 96 1/2, par. 3203)
|
2 | | Sec. 32.03.
The miners at work in any coal mine may employ |
3 | | a check weighman
at their option and at their own expense, |
4 | | whose duty it shall be to balance
the scales and see that the |
5 | | coal is properly weighed, and that a correct
account of the |
6 | | same is kept, and for this purpose he shall have access at
all |
7 | | times to the beam box of the scales, and be afforded every |
8 | | facility for
verifying the weights while the weighing is being |
9 | | done. The check weighman
so employed by the miners shall be a |
10 | | citizen of the United States , and
before entering upon his |
11 | | duties, shall make and subscribe to an oath before
some person |
12 | | duly authorized to administer oaths, that he will faithfully
|
13 | | discharge his duties as check weighman, and such oath shall be |
14 | | kept
conspicuously posted at the place of weighing.
|
15 | | (Source: Laws 1953, p. 701.)
|
16 | | Section 35. The Liquor Control Act of 1934 is amended by |
17 | | changing Section 6-2 as follows:
|
18 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
|
19 | | Sec. 6-2. Issuance of licenses to certain persons |
20 | | prohibited.
|
21 | | (a) Except as otherwise provided in subsection (b) of this |
22 | | Section and in paragraph (1) of subsection (a) of Section 3-12, |
23 | | no license
of any kind issued by the State Commission or any |
|
| | SB1166 | - 16 - | LRB101 06039 JRG 51060 b |
|
|
1 | | local
commission shall be issued to:
|
2 | | (1) A person who is not a resident of any city, village |
3 | | or county in
which the premises covered by the license are |
4 | | located; except in case of
railroad or boat licenses.
|
5 | | (2) A person who is not of good character and |
6 | | reputation in the
community in which he resides.
|
7 | | (3) (Blank). A person who is not a citizen of the |
8 | | United States.
|
9 | | (4) A person who has been convicted of a felony under |
10 | | any Federal or
State law, unless the Commission determines |
11 | | that such
person will not be impaired by the conviction in |
12 | | engaging in the licensed practice
after considering |
13 | | matters set forth in such person's application in |
14 | | accordance with Section 6-2.5 of this Act and the
|
15 | | Commission's investigation.
|
16 | | (5) A person who has been convicted of keeping a place |
17 | | of prostitution or keeping a place of juvenile |
18 | | prostitution, promoting prostitution that involves keeping |
19 | | a place of prostitution, or promoting juvenile |
20 | | prostitution that involves keeping a place of juvenile |
21 | | prostitution.
|
22 | | (6) A person who has been convicted of pandering.
|
23 | | (7) A person whose license issued under this Act has |
24 | | been revoked for
cause.
|
25 | | (8) A person who at the time of application for renewal |
26 | | of any license
issued hereunder would not be eligible for |
|
| | SB1166 | - 17 - | LRB101 06039 JRG 51060 b |
|
|
1 | | such license upon a first
application.
|
2 | | (9) A copartnership, if any general partnership |
3 | | thereof, or any
limited partnership thereof, owning more |
4 | | than 5% of the aggregate limited
partner interest in such |
5 | | copartnership would not be eligible to receive a
license |
6 | | hereunder for any reason other than residence within the |
7 | | political
subdivision, unless residency is required by |
8 | | local ordinance.
|
9 | | (10) A corporation or limited liability company, if any |
10 | | member, officer, manager or director thereof, or
any |
11 | | stockholder or stockholders owning in the aggregate more |
12 | | than 5% of the
stock of such corporation, would not be |
13 | | eligible to receive a license
hereunder for any reason |
14 | | other than citizenship and residence within the
political |
15 | | subdivision.
|
16 | | (10a) A corporation or limited liability company |
17 | | unless it is incorporated or organized in Illinois, or |
18 | | unless it
is a foreign corporation or foreign limited |
19 | | liability company which is qualified under the Business
|
20 | | Corporation Act of 1983 or the Limited Liability Company |
21 | | Act to transact business in Illinois. The Commission shall |
22 | | permit and accept from an applicant for a license under |
23 | | this Act proof prepared from the Secretary of State's |
24 | | website that the corporation or limited liability company |
25 | | is in good standing and is qualified under the Business
|
26 | | Corporation Act of 1983 or the Limited Liability Company |
|
| | SB1166 | - 18 - | LRB101 06039 JRG 51060 b |
|
|
1 | | Act to transact business in Illinois.
|
2 | | (11) A person whose place of business is conducted by a |
3 | | manager or agent
unless the manager or agent possesses the |
4 | | same qualifications required by
the licensee.
|
5 | | (12) A person who has been convicted of a violation of |
6 | | any Federal or
State law concerning the manufacture, |
7 | | possession or sale of alcoholic
liquor, subsequent to the |
8 | | passage of this Act or has forfeited his bond to
appear in |
9 | | court to answer charges for any such violation, unless the |
10 | | Commission determines, in accordance with Section 6-2.5 of |
11 | | this Act, that the person will not be impaired by the |
12 | | conviction in engaging in the licensed practice.
|
13 | | (13) A person who does not beneficially own the |
14 | | premises for which a
license is sought, or does not have a |
15 | | lease thereon for the full period for
which the license is |
16 | | to be issued.
|
17 | | (14) Any law enforcing public official, including |
18 | | members
of local liquor control commissions,
any mayor, |
19 | | alderman, or member of the
city council or commission, any |
20 | | president of the village board of trustees,
any member of a |
21 | | village board of trustees, or any president or member of a
|
22 | | county board; and no such official shall have a direct |
23 | | interest in the
manufacture, sale, or distribution of |
24 | | alcoholic liquor, except that a
license
may be granted to |
25 | | such official in relation to premises that are
not
located |
26 | | within the territory subject to the jurisdiction of that |
|
| | SB1166 | - 19 - | LRB101 06039 JRG 51060 b |
|
|
1 | | official
if the issuance of such license is approved by the |
2 | | State Liquor Control
Commission
and except that a license |
3 | | may be granted, in a city or village with a
population of |
4 | | 55,000 or less, to any alderman, member of a city council, |
5 | | or
member of a village board of trustees in relation to |
6 | | premises that are located
within the territory
subject to |
7 | | the jurisdiction of that official if (i) the sale of |
8 | | alcoholic
liquor pursuant to the license is incidental to |
9 | | the selling of food, (ii) the
issuance of the license is |
10 | | approved by the State Commission, (iii) the
issuance of the |
11 | | license is in accordance with all applicable local |
12 | | ordinances
in effect where the premises are located, and |
13 | | (iv) the official granted a
license does not vote on |
14 | | alcoholic liquor issues pending before the board or
council |
15 | | to which the license holder is elected. Notwithstanding any |
16 | | provision of this paragraph (14) to the contrary, an |
17 | | alderman or member of a city council or commission, a |
18 | | member of a village board of trustees other than the |
19 | | president of the village board of trustees, or a member of |
20 | | a county board other than the president of a county board |
21 | | may have a direct interest in the manufacture, sale, or |
22 | | distribution of alcoholic liquor as long as he or she is |
23 | | not a law enforcing public official, a mayor, a village |
24 | | board president, or president of a county board. To prevent |
25 | | any conflict of interest, the elected official with the |
26 | | direct interest in the manufacture, sale, or distribution |
|
| | SB1166 | - 20 - | LRB101 06039 JRG 51060 b |
|
|
1 | | of alcoholic liquor shall not participate in any meetings, |
2 | | hearings, or decisions on matters impacting the |
3 | | manufacture, sale, or distribution of alcoholic liquor. |
4 | | Furthermore, the mayor of a city with a population of |
5 | | 55,000 or less or the president of a village with a |
6 | | population of 55,000 or less may have an interest in the |
7 | | manufacture, sale, or distribution of alcoholic liquor as |
8 | | long as the council or board over which he or she presides |
9 | | has made a local liquor control commissioner appointment |
10 | | that complies with the requirements of Section 4-2 of this |
11 | | Act.
|
12 | | (15) A person who is not a beneficial owner of the |
13 | | business to be
operated by the licensee.
|
14 | | (16) A person who has been convicted of a gambling |
15 | | offense as
proscribed by any of subsections (a) (3) through |
16 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section |
17 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the |
18 | | Criminal Code of 2012, or as proscribed by a
statute
|
19 | | replaced by any of the aforesaid statutory provisions.
|
20 | | (17) A person or entity to whom a federal wagering |
21 | | stamp has been
issued by the
federal government, unless the |
22 | | person or entity is eligible to be issued a
license under |
23 | | the Raffles and Poker Runs Act or the Illinois Pull Tabs |
24 | | and Jar Games Act.
|
25 | | (18) A person who intends to sell alcoholic liquors for |
26 | | use or
consumption on his or her licensed retail premises |
|
| | SB1166 | - 21 - | LRB101 06039 JRG 51060 b |
|
|
1 | | who does not have liquor
liability insurance coverage for |
2 | | that premises in an amount that is at least
equal to the |
3 | | maximum liability amounts set out in subsection (a) of |
4 | | Section
6-21.
|
5 | | (19) A person who is licensed by any licensing |
6 | | authority as a manufacturer of beer, or any partnership, |
7 | | corporation, limited liability company, or trust or any |
8 | | subsidiary, affiliate, or agent thereof, or any other form |
9 | | of business enterprise licensed as a manufacturer of beer, |
10 | | having any legal, equitable, or beneficial interest, |
11 | | directly or indirectly, in a person licensed in this State |
12 | | as a distributor or importing distributor. For purposes of |
13 | | this paragraph (19), a person who is licensed by any |
14 | | licensing authority as a "manufacturer of beer" shall also |
15 | | mean a brewer and a non-resident dealer who is also a |
16 | | manufacturer of beer, including a partnership, |
17 | | corporation, limited liability company, or trust or any |
18 | | subsidiary, affiliate, or agent thereof, or any other form |
19 | | of business enterprise licensed as a manufacturer of beer. |
20 | | (20) A person who is licensed in this State as a |
21 | | distributor or importing distributor, or any partnership, |
22 | | corporation, limited liability company, or trust or any |
23 | | subsidiary, affiliate, or agent thereof, or any other form |
24 | | of business enterprise licensed in this State as a |
25 | | distributor or importing distributor having any legal, |
26 | | equitable, or beneficial interest, directly or indirectly, |
|
| | SB1166 | - 22 - | LRB101 06039 JRG 51060 b |
|
|
1 | | in a person licensed as a manufacturer of beer by any |
2 | | licensing authority, or any partnership, corporation, |
3 | | limited liability company, or trust or any subsidiary, |
4 | | affiliate, or agent thereof, or any other form of business |
5 | | enterprise, except for a person who owns, on or after the |
6 | | effective date of this amendatory Act of the 98th General |
7 | | Assembly, no more than 5% of the outstanding shares of a |
8 | | manufacturer of beer whose shares are publicly traded on an |
9 | | exchange within the meaning of the Securities Exchange Act |
10 | | of 1934. For the purposes of this paragraph (20), a person |
11 | | who is licensed by any licensing authority as a |
12 | | "manufacturer of beer" shall also mean a brewer and a |
13 | | non-resident dealer who is also a manufacturer of beer, |
14 | | including a partnership, corporation, limited liability |
15 | | company, or trust or any subsidiary, affiliate, or agent |
16 | | thereof, or any other form of business enterprise licensed |
17 | | as a manufacturer of beer. |
18 | | (b) A criminal conviction of a corporation is not grounds |
19 | | for the
denial, suspension, or revocation of a license applied |
20 | | for or held by the
corporation if the criminal conviction was |
21 | | not the result of a violation of any
federal or State law |
22 | | concerning the manufacture, possession or sale of
alcoholic |
23 | | liquor, the offense that led to the conviction did not result |
24 | | in any
financial gain to the corporation and the corporation |
25 | | has terminated its
relationship with each director, officer, |
26 | | employee, or controlling shareholder
whose actions directly |
|
| | SB1166 | - 23 - | LRB101 06039 JRG 51060 b |
|
|
1 | | contributed to the conviction of the corporation. The
|
2 | | Commission shall determine if all provisions of this subsection |
3 | | (b) have been
met before any action on the corporation's |
4 | | license is initiated.
|
5 | | (Source: P.A. 100-286, eff. 1-1-18 .)
|
6 | | Section 40. The Safety Deposit License Act is amended by |
7 | | changing Section 19 as follows:
|
8 | | (240 ILCS 5/19) (from Ch. 17, par. 1469)
|
9 | | Sec. 19. No applicant shall be issued a license who:
|
10 | | 1. (Blank); Is not a citizen of the United States;
|
11 | | 2. Has been convicted of a felony;
|
12 | | 3. Has not provided a burglar alarm system for the |
13 | | safe, vault, and
other fixtures;
|
14 | | 4. Has not provided a time lock for the safe, vault or |
15 | | other fixtures;
|
16 | | 5. Has not provided one or more combination locked |
17 | | steel doors (one in
front of the other and no door less |
18 | | than one inch thick) aggregating at
least 3 1/2 inches in |
19 | | thickness; or one combination locked round or square
steel |
20 | | door not less than 3 1/2 inches in thickness;
|
21 | | 6. Has not provided vault construction (walls, ceiling |
22 | | and floor) of
equal resistance to the door;
|
23 | | 7. Has not placed in a conspicuous place in the |
24 | | location, a sign in
large print, telling the depositor what |
|
| | SB1166 | - 24 - | LRB101 06039 JRG 51060 b |
|
|
1 | | types of protection are being
furnished by the licensee;
|
2 | | 8. Has advertised or advertises that the facilities |
3 | | furnished by him are
approved by the Director.
|
4 | | Any of the requirements set forth in this section which are |
5 | | not capable
of fulfillment because of wartime restrictions may |
6 | | during the war time
emergency, be waived by the Director.
|
7 | | (Source: Laws 1967, p. 1668.)
|