Full Text of SB0205 94th General Assembly
SB0205 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0205
Introduced 2/2/2005, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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225 ILCS 410/3D-10 new |
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225 ILCS 410/4-9 |
from Ch. 111, par. 1704-9 |
225 ILCS 410/4-20 |
from Ch. 111, par. 1704-20 |
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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.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB0205 |
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LRB094 03737 RAS 33746 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Barber, Cosmetology, Esthetics, and Nail
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| Technology Act of 1985 is amended by adding Section 3D-10 and | 6 |
| by changing Sections 4-9 and 4-20 as follows: | 7 |
| (225 ILCS 410/3D-10 new)
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| Sec. 3D-10. Prohibition. No person, firm, partnership, | 9 |
| limited liability company, or corporation owning or operating a | 10 |
| cosmetology, esthetics, or nail technology salon or barber shop | 11 |
| shall knowingly employ in that salon or shop any individual who | 12 |
| is required to be licensed under this Act and who does not | 13 |
| possess a valid license.
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| (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 4-9. Practice without a license or after suspension or | 17 |
| revocation
thereof ; employment of unlicensed individual .
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| (a) If any person violates the provisions of this Act, the | 19 |
| Director
may, in the name of the People of the State of | 20 |
| Illinois, through the
Attorney General of the State of | 21 |
| Illinois, petition, for an order
enjoining such violation or | 22 |
| for an order enforcing compliance with
this Act. Upon the | 23 |
| filing of a verified petition in such court, the
court may | 24 |
| issue a temporary restraining order, without notice or
bond, | 25 |
| and may preliminarily and permanently enjoin such violation,
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| and if it is established that such person has violated or is
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| violating the injunction, the Court may punish the offender for
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| contempt of court. Proceedings under this Section shall be in
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| addition to, and not in lieu of, all other remedies and | 30 |
| penalties
provided by this Act.
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| (b) If any person shall practice as a barber, |
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SB0205 |
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LRB094 03737 RAS 33746 b |
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| cosmetologist, nail
technician, or esthetician, or teacher | 2 |
| thereof or cosmetology, esthetics, or
nail technology clinic | 3 |
| teacher or hold himself out as such
without being licensed | 4 |
| under the provisions of this Act, any
licensee, any interested | 5 |
| party, or any person injured thereby
may, in addition to the | 6 |
| Director, petition for relief as provided in subsection
(a) of | 7 |
| this Section.
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| (c) Whenever in the opinion of the Department any person | 9 |
| violates
any provision of this Act, the Department may issue a | 10 |
| rule to show
cause why an order to cease and desist should not | 11 |
| be entered against
him. The rule shall clearly set forth the | 12 |
| grounds relied upon by
the Department and shall provide a | 13 |
| period of 7 days from the date of
the rule to file an answer to | 14 |
| the satisfaction of the Department.
Failure to answer to the | 15 |
| satisfaction of the Department shall cause
an order to cease | 16 |
| and desist to be issued immediately.
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| (d) If any person, firm, partnership, limited liability | 18 |
| company, or corporation owning or operating a cosmetology, | 19 |
| esthetics, or nail technology salon or barber shop knowingly | 20 |
| employs in that salon or shop any individual who is required to | 21 |
| be licensed under this Act and who does not possess a valid | 22 |
| license, any licensee, any interested party, or any person | 23 |
| injured thereby may, in addition to the Secretary, petition for | 24 |
| relief as provided in subsection (a) of this Section.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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| (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 4-20. Violations; penalties. Whoever violates any of | 29 |
| the following
shall, for the first offense, be guilty of a | 30 |
| Class B misdemeanor; for the
second offense, shall be guilty of | 31 |
| a Class A misdemeanor; and for all
subsequent offenses, shall | 32 |
| be guilty of a Class 4 felony and be fined not
less than $1,000 | 33 |
| or more than $5,000.
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| (1) The practice of cosmetology, nail technology, | 35 |
| esthetics or
barbering
or an attempt to practice cosmetology, |
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SB0205 |
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LRB094 03737 RAS 33746 b |
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| nail technology, esthetics, or
barbering without a license as a
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| cosmetologist, nail technician, esthetician or barber or a
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| cosmetology, nail technology, esthetics, or barbering teacher | 4 |
| without a
license as a cosmetology, nail technology,
esthetics | 5 |
| or barbering teacher or as a cosmetology, esthetics, or nail
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| technology clinic teacher without a proper license.
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| (2) The obtaining of or an attempt to obtain a
license
or | 8 |
| money or any other thing of value by fraudulent | 9 |
| misrepresentation.
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| (3) Practice in the barber, nail technology, cosmetology or
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| esthetic
profession, or an attempt to practice in those | 12 |
| professions by fraudulent
misrepresentation.
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| (4) Wilfully making any false oath or affirmation whenever | 14 |
| an
oath
or affirmation is required by this Act.
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| (5) The violation of any of the provisions of this Act.
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| (6) Knowingly employing, while serving in the capacity of | 17 |
| owner or operator of a cosmetology, esthetics, or nail | 18 |
| technology salon or barber shop, any individual who is required | 19 |
| to be licensed under this Act and who does not possess a valid | 20 |
| license.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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