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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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20 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
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21 | Sec. 2005. Qualifications for licensure. |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 .)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|