Full Text of SB0205 94th General Assembly
SB0205eng 94TH GENERAL ASSEMBLY
|
|
|
SB0205 Engrossed |
|
LRB094 03737 RAS 33746 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Barber, Cosmetology, Esthetics, and Nail
| 5 |
| 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)
| 8 |
| 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.
| 14 |
| (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| 15 |
| (Section scheduled to be repealed on January 1, 2006)
| 16 |
| Sec. 4-9. Practice without a license or after suspension or | 17 |
| revocation
thereof ; employment of unlicensed individual .
| 18 |
| (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,
| 26 |
| and if it is established that such person has violated or is
| 27 |
| violating the injunction, the Court may punish the offender for
| 28 |
| contempt of court. Proceedings under this Section shall be in
| 29 |
| addition to, and not in lieu of, all other remedies and | 30 |
| penalties
provided by this Act.
| 31 |
| (b) If any person shall practice as a barber, |
|
|
|
SB0205 Engrossed |
- 2 - |
LRB094 03737 RAS 33746 b |
|
| 1 |
| 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.
| 8 |
| (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.
| 17 |
| (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.
| 25 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
| 26 |
| (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
| 27 |
| (Section scheduled to be repealed on January 1, 2006)
| 28 |
| 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.
| 34 |
| (1) The practice of cosmetology, nail technology, | 35 |
| esthetics or
barbering
or an attempt to practice cosmetology, |
|
|
|
SB0205 Engrossed |
- 3 - |
LRB094 03737 RAS 33746 b |
|
| 1 |
| nail technology, esthetics, or
barbering without a license as a
| 2 |
| cosmetologist, nail technician, esthetician or barber or a
| 3 |
| 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
| 6 |
| technology clinic teacher without a proper license.
| 7 |
| (2) The obtaining of or an attempt to obtain a
license
or | 8 |
| money or any other thing of value by fraudulent | 9 |
| misrepresentation.
| 10 |
| (3) Practice in the barber, nail technology, cosmetology or
| 11 |
| esthetic
profession, or an attempt to practice in those | 12 |
| professions by fraudulent
misrepresentation.
| 13 |
| (4) Wilfully making any false oath or affirmation whenever | 14 |
| an
oath
or affirmation is required by this Act.
| 15 |
| (5) The violation of any of the provisions of this Act.
| 16 |
| (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.
| 21 |
| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
|
|