SB2058 103RD GENERAL ASSEMBLY

LRB103 28345 AMQ 54724 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2058

Introduced 2/9/2023, by Sen. Christopher Belt

SYNOPSIS AS INTRODUCED:

5 ILCS 80/4.34
5 ILCS 80/4.39
225 ILCS 412/10
225 ILCS 412/12 new
225 ILCS 412/32
225 ILCS 412/40
225 ILCS 412/90
225 ILCS 412/120

Amends the Regulatory Sunset Act. Repeals the Electrologist Licensing Act on January 1, 2029 (rather than January 1, 2024). Amends the Electrologist Licensing Act. Provides that all applicants and licensees shall: (1) provide a valid physical address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, respectively, at the time of applicant for licensure or renewal of a license; and (2) inform the Department of any change of address of record or email address of record within 14 days. Provides that the changes must be made either through the Department's website or by contacting the Department through the Department's licensure maintenance unit. Provides that every application for an original license under this Act shall include the applicant's social security number or individual taxpayer identification number. Provides that specified written notices may be served electronically to the licensee's email address of record. Provides that in any case involving the refusal to issue or renew a license, a copy of the hearing officer's report shall be served upon the respondent by the Secretary (rather than the Department). Makes corresponding changes. Provisions amending the Regulatory Sunset Act are effective immediately.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Regulatory Sunset Act is amended by changing Sections 4.34 and 4.39 as follows:

(5 ILCS 80/4.34)

Sec. 4.34. Acts and Section repealed on January 1, 2024. The following Acts and Section of an Act are repealed on January 1, 2024:

The Crematory Regulation Act.

The Electrologist Licensing Act.

The Illinois Certified Shorthand Reporters Act of 1984.

The Illinois Occupational Therapy Practice Act.

The Illinois Public Accounting Act.

The Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

The Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

Section 2.5 of the Illinois Plumbing License Law.

The Veterinary Medicine and Surgery Practice Act of 2004.

(Source: P.A. 102-291, eff. 8-6-21.)

(5 ILCS 80/4.39)

Sec. 4.39. Acts repealed on January 1, 2029 and December 31, 2029.

(a) The following Act is repealed on January 1, 2029:

The Electrologist Licensing Act.

The Environmental Health Practitioner Licensing Act.

(b) The following Act is repealed on December 31, 2029:

The Structural Pest Control Act.

(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; 101-81, eff. 7-12-19.)

Section 10. The Electrologist Licensing Act is amended by changing Sections 10, 32, 40, 90, and 120 and by adding Section 12 as follows:

(225 ILCS 412/10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 10. Definitions. In this Act:

"Address of Record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and those changes must be made either through the Department's website or by contacting the Department.

"Department" means the Department of Financial and Professional Regulation.

"Electrologist" means an individual licensed to practice electrology pursuant to the provisions of this Act.

"Electrology" means the practice or teaching of services for permanent hair removal utilizing only solid probe electrode type epilation, which may include thermolysis (shortwave, high frequency), electrolysis (galvanic), or a combination of both (superimposed or sequential blend).

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or in a licensee's license file, as maintained by the Department's licensure maintenance unit.

"Secretary" means the Secretary of Financial and Professional Regulation.

(Source: P.A. 98-363, eff. 8-16-13.)

(225 ILCS 412/12 new)

Sec. 12. Address of record and email address of record. All applicants and licensees shall:

(1) provide a valid physical address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and

(2) inform the Department of any change of address of record or email address of record within 14 days. Those changes must be made either through the Department's website or by contacting the Department through the Department's licensure maintenance unit.

(225 ILCS 412/32)

(Section scheduled to be repealed on January 1, 2024)

Sec. 32. Social Security number or federal individual taxpayer identification Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's social security number or federal individual taxpayer identification number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.

Every application for a renewed, reinstated, or restored license shall require the applicant's customer identification number.

(Source: P.A. 97-400, eff. 1-1-12; 98-363, eff. 8-16-13.)

(225 ILCS 412/40)

(Section scheduled to be repealed on January 1, 2024)

Sec. 40. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in this Act as if all of the provisions of the Illinois Administrative Procedure Act where included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered to be sufficient when mailed to the licensee's address of record or email address of record.

(Source: P.A. 98-363, eff. 8-16-13.)

(225 ILCS 412/90)

(Section scheduled to be repealed on January 1, 2024)

Sec. 90. Investigations; notice and hearing.

(a) The Department may investigate the actions of an applicant or a person holding or claiming to hold a license.

(b) Before refusing to issue or renew a license or take any disciplinary or non-disciplinary action against a licensed electrologist pursuant to Section 75 of this Act, the Department shall notify in writing the applicant or the licensee of the nature of the charges and that a hearing will be held on the date designated, which shall be at least 30 days after the date of the notice. The Department shall direct the applicant or licensee to file a written answer to the Department under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license may be suspended, revoked, placed on probationary status, or other disciplinary or non-disciplinary action may be taken, including limiting the scope, nature, or extent of business as the Secretary may deem proper. Written notice may be served by certified or registered mail sent to the licensee's address of record.

The written notice and any notice in the subsequent proceeding may be served by regular mail to the licensee's address of record or electronically to the licensee's email address of record.

If the applicant or licensee fails to file an answer after receiving notice, the license may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action considered proper including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing if the act or acts charged constitute sufficient grounds for such action under this Act.

At the time and place fixed in the notice, the Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and argument. The Department may continue a hearing from time to time.

(Source: P.A. 98-363, eff. 8-16-13.)

(225 ILCS 412/120)

(Section scheduled to be repealed on January 1, 2024)

Sec. 120. Motion for rehearing. In any case involving the refusal to issue or renew a license, or the discipline of a licensee, a copy of the hearing officer's report shall be served upon the respondent by the Secretary Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Department a motion in writing for a rehearing which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing a motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with the recommendation of the hearing officer. If the respondent orders from the reporting service, and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the respondent.

(Source: P.A. 98-363, eff. 8-16-13.)

Section 99. Effective date. This Section and Section 5 take effect upon becoming law.