Illinois General Assembly - Full Text of HB4523
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Full Text of HB4523  94th General Assembly


Rep. Patricia R. Bellock

Filed: 2/24/2006





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2     AMENDMENT NO. ______. Amend House Bill 4523, AS AMENDED,
3 with reference to page and line numbers of House Amendment No.
4 1, on page 1, immediately below line 17, by inserting the
5 following:
6     ""Aseptic technique" means a practice that prevents and
7 hinders the transmission of disease-producing microorganisms
8 from one person or place to another."; and
9 on page 2, immediately below line 18, by inserting the
10 following:
11     ""Procedure area" means the immediate area where
12 instruments and supplies are placed during a procedure."; and
13 on page 2, immediately below line 21, by inserting the
14 following:
15     ""Sanitation" means the effective bactericidal and
16 veridical treatment of clean equipment surfaces by a process
17 that effectively destroys pathogens."; and
18 on page 2, by replacing lines 24 through 27 with the following:
19     ""Sterilize" means to destroy all living organisms
20 including spores."; and
21 on page 4, by replacing lines 5 through 12 with the following:
22         "(1) An establishment must ensure that all body



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1     piercing and tattooing procedures are performed in a clean
2     and sanitary environment that is consistent with
3     sanitation techniques established by the Department.
4         (2) An establishment must ensure that all body piercing
5     and tattooing procedures are performed in a manner that is
6     consistent with an aseptic technique established by the
7     Department.
8         (3) An establishment must ensure that all equipment and
9     instruments used in body piercing and tattooing procedures
10     are either single use and pre-packaged instruments or in
11     compliance with sterilization techniques established by
12     the Department.
13         (4) An establishment must ensure that single use ink is
14     used in all tattooing procedures."; and
15 on page 4, immediately below line 12, by inserting the
16 following:
17     "Section 27. Prohibitions. Body piercing procedures must
18 not be performed, without medical clearance, on skin surfaces
19 where sunburn, rash, acne, infection, open lesions, or other
20 questionable skin lesions exist and must not be performed on
21 any person who is impaired by drugs or alcohol."; and
22 on page 4, line 19, by replacing "shall" with "may"; and
23 on page 6, line 3, by replacing "State certified local health"
24 with "State-certified, local public health"; and
25 on page 6, immediately below line 5, by inserting the
26 following:
27     "(c) The Department shall issue grants to State-certified,
28 local public health departments acting as agents of the
29 Department based on 75% of the total fees and fines collected



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1 in the jurisdiction of the State-certified, local public health
2 department for the enforcement and administration of this Act.
3     (d) The Department or a State-certified, local public
4 health department acting as an agent of the Department in the
5 administration and enforcement of this Act may use the local
6 administrative review process of the State-certified, local
7 public health department to resolve disputes."; and
8 on page 9, by replacing lines 24 and 25 with the following:
9     "Section 905. The State Finance Act is amended by adding
10 Section 5.663 and by changing Section 8h as follows:"; and
11 on page 9, line 28, by replacing "Fund." with the following:
12 "Fund.
13     (30 ILCS 105/8h)
14     Sec. 8h. Transfers to General Revenue Fund.
15     (a) Except as provided in subsection (b), notwithstanding
16 any other State law to the contrary, the Governor may, through
17 June 30, 2007, from time to time direct the State Treasurer and
18 Comptroller to transfer a specified sum from any fund held by
19 the State Treasurer to the General Revenue Fund in order to
20 help defray the State's operating costs for the fiscal year.
21 The total transfer under this Section from any fund in any
22 fiscal year shall not exceed the lesser of (i) 8% of the
23 revenues to be deposited into the fund during that fiscal year
24 or (ii) an amount that leaves a remaining fund balance of 25%
25 of the July 1 fund balance of that fiscal year. In fiscal year
26 2005 only, prior to calculating the July 1, 2004 final
27 balances, the Governor may calculate and direct the State
28 Treasurer with the Comptroller to transfer additional amounts
29 determined by applying the formula authorized in Public Act
30 93-839 to the funds balances on July 1, 2003. No transfer may
31 be made from a fund under this Section that would have the



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1 effect of reducing the available balance in the fund to an
2 amount less than the amount remaining unexpended and unreserved
3 from the total appropriation from that fund estimated to be
4 expended for that fiscal year. This Section does not apply to
5 any funds that are restricted by federal law to a specific use,
6 to any funds in the Motor Fuel Tax Fund, the Intercity
7 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
8 Provider Relief Fund, the Teacher Health Insurance Security
9 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
10 or the Voters' Guide Fund, the Foreign Language Interpreter
11 Fund, the Lawyers' Assistance Program Fund, the Supreme Court
12 Federal Projects Fund, the Supreme Court Special State Projects
13 Fund, or the Low-Level Radioactive Waste Facility Development
14 and Operation Fund, or the Hospital Basic Services Preservation
15 Fund, or the Tattoo and Body Piercing Establishment
16 Registration Fund, or to any funds to which subsection (f) of
17 Section 20-40 of the Nursing and Advanced Practice Nursing Act
18 applies. No transfers may be made under this Section from the
19 Pet Population Control Fund. Notwithstanding any other
20 provision of this Section, for fiscal year 2004, the total
21 transfer under this Section from the Road Fund or the State
22 Construction Account Fund shall not exceed the lesser of (i) 5%
23 of the revenues to be deposited into the fund during that
24 fiscal year or (ii) 25% of the beginning balance in the fund.
25 For fiscal year 2005 through fiscal year 2007, no amounts may
26 be transferred under this Section from the Road Fund, the State
27 Construction Account Fund, the Criminal Justice Information
28 Systems Trust Fund, the Wireless Service Emergency Fund, or the
29 Mandatory Arbitration Fund.
30     In determining the available balance in a fund, the
31 Governor may include receipts, transfers into the fund, and
32 other resources anticipated to be available in the fund in that
33 fiscal year.
34     The State Treasurer and Comptroller shall transfer the



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1 amounts designated under this Section as soon as may be
2 practicable after receiving the direction to transfer from the
3 Governor.
4     (b) This Section does not apply to: (i) the Ticket For The
5 Cure Fund; (ii) or to any fund established under the Community
6 Senior Services and Resources Act; or (iii) (ii) on or after
7 January 1, 2006 (the effective date of Public Act 94-511) this
8 amendatory Act of the 94th General Assembly, the Child Labor
9 and Day and Temporary Labor Enforcement Fund.
10     (c) This Section does not apply to the Demutualization
11 Trust Fund established under the Uniform Disposition of
12 Unclaimed Property Act.
13     (d) (c) This Section does not apply to moneys set aside in
14 the Illinois State Podiatric Disciplinary Fund for podiatric
15 scholarships and residency programs under the Podiatric
16 Scholarship and Residency Act.
17 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
18 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
19 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
20 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
21 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
22 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
23 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised
24 1-23-06.)".