SB0205 94TH GENERAL ASSEMBLY

LRB094 03737 RAS 33746 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0205

Introduced 2/2/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

225 ILCS 410/3D-10 new
225 ILCS 410/4-9	from Ch. 111, par. 1704-9
225 ILCS 410/4-20	from Ch. 111, par. 1704-20

Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Provides that it is unlawful for any person, firm, partnership, limited liability company, or corporation owning or operating a cosmetology, esthetics, or nail technology salon or barber shop to knowingly employ in the salon any individual who is required to be licensed under the Act and who does not possess a valid license. Provides that if any person, firm, partnership, limited liability company, or corporation owning or operating a cosmetology, esthetics, or nail technology salon or barber shop does knowingly employ in that salon or shop an unlicensed individual who is required to be licensed, any licensee, any interested party, or any person injured thereby may, in addition to the Secretary of Financial and Professional Regulation, petition for relief. Provides that any person or entity that violates this prohibition on the employment of unlicensed individuals shall, for the first offense, be guilty of a Class B misdemeanor; for the second offense, be guilty of a Class A misdemeanor; and for all subsequent offenses, be guilty of a Class 4 felony and be fined not less than $1,000 or more than $5,000.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

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 Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 is amended by adding Section 3D-10 and by changing Sections 4-9 and 4-20 as follows:

(225 ILCS 410/3D-10 new)

Sec. 3D-10. Prohibition. No person, firm, partnership, limited liability company, or corporation owning or operating a cosmetology, esthetics, or nail technology salon or barber shop shall knowingly employ in that salon or shop any individual who is required to be licensed under this Act and who does not possess a valid license.

(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)

(Section scheduled to be repealed on January 1, 2006)

Sec. 4-9. Practice without a license or after suspension or revocation thereof; employment of unlicensed individual.

(a) If any person violates the provisions of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If any person shall practice as a barber, cosmetologist, nail technician, or esthetician, or teacher thereof or cosmetology, esthetics, or nail technology clinic teacher or hold himself out as such without being licensed under the provisions of this Act, any licensee, any interested party, or any person injured thereby may, in addition to the Director, petition for relief as provided in subsection (a) of this Section.

(c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

(d) If any person, firm, partnership, limited liability company, or corporation owning or operating a cosmetology, esthetics, or nail technology salon or barber shop knowingly employs in that salon or shop any individual who is required to be licensed under this Act and who does not possess a valid license, any licensee, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.

(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)

(225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)

(Section scheduled to be repealed on January 1, 2006)

Sec. 4-20. Violations; penalties. Whoever violates any of the following shall, for the first offense, be guilty of a Class B misdemeanor; for the second offense, shall be guilty of a Class A misdemeanor; and for all subsequent offenses, shall be guilty of a Class 4 felony and be fined not less than $1,000 or more than $5,000.

(1) The practice of cosmetology, nail technology, esthetics or barbering or an attempt to practice cosmetology, nail technology, esthetics, or barbering without a license as a cosmetologist, nail technician, esthetician or barber or a cosmetology, nail technology, esthetics, or barbering teacher without a license as a cosmetology, nail technology, esthetics or barbering teacher or as a cosmetology, esthetics, or nail technology clinic teacher without a proper license.

(2) The obtaining of or an attempt to obtain a license or money or any other thing of value by fraudulent misrepresentation.

(3) Practice in the barber, nail technology, cosmetology or esthetic profession, or an attempt to practice in those professions by fraudulent misrepresentation.

(4) Wilfully making any false oath or affirmation whenever an oath or affirmation is required by this Act.

(5) The violation of any of the provisions of this Act.

(6) Knowingly employing, while serving in the capacity of owner or operator of a cosmetology, esthetics, or nail technology salon or barber shop, any individual who is required to be licensed under this Act and who does not possess a valid license.

(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)