Full Text of SB1929 95th General Assembly
SB1929ham002 95TH GENERAL ASSEMBLY
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Rep. Daniel J. Burke
Filed: 5/20/2008
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| AMENDMENT TO SENATE BILL 1929
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| AMENDMENT NO. ______. Amend Senate Bill 1929, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Electrologist Licensing Act is amended by | 6 |
| changing Sections 20 and 33 as follows:
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| (225 ILCS 412/20)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 20. Exemptions. This Act does not prohibit:
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| (1) A person licensed in this State under any other Act | 11 |
| from engaging
in the practice for which that person is | 12 |
| licensed.
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| (2) The practice of electrology by a person who is | 14 |
| employed by the
United States government or any bureau, | 15 |
| division,
or agency thereof while in the discharge of the | 16 |
| employee's official duties.
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| (3) The practice of electrology included in a program
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| of study by students enrolled in schools or in refresher | 3 |
| courses approved
by the Department.
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| Nothing in this Act shall be construed to prevent a person
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| functioning as
an
assistant
to a
person licensed to practice | 6 |
| medicine in all its branches from
providing electrology | 7 |
| services.
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| Notwithstanding any other rulemaking authority that may | 9 |
| exist, neither the Governor nor any agency or agency head under | 10 |
| the jurisdiction of the Governor has any authority to make or | 11 |
| promulgate rules to implement or enforce the provisions of this | 12 |
| amendatory Act of the 95th General Assembly. If, however, the | 13 |
| Governor believes that rules are necessary to implement or | 14 |
| enforce the provisions of this amendatory Act of the 95th | 15 |
| General Assembly, the Governor may suggest rules to the General | 16 |
| Assembly by filing them with the Clerk of the House and the | 17 |
| Secretary of the Senate and by requesting that the General | 18 |
| Assembly authorize such rulemaking by law, enact those | 19 |
| suggested rules into law, or take any other appropriate action | 20 |
| in the General Assembly's discretion. Nothing contained in this | 21 |
| amendatory Act of the 95th General Assembly shall be | 22 |
| interpreted to grant rulemaking authority under any other | 23 |
| Illinois statute where such authority is not otherwise | 24 |
| explicitly given. For the purposes of this amendatory Act of | 25 |
| the 95th General Assembly, "rules" is given the meaning | 26 |
| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the | 2 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 3 |
| Administrative Procedure Act to the extent that such | 4 |
| definitions apply to agencies or agency heads under the | 5 |
| jurisdiction of the Governor. | 6 |
| (Source: P.A. 92-750, eff. 1-1-03.)
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| (225 ILCS 412/33)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 33. Grandfather provision. | 10 |
| (a) For a period of 12 months after the
filing of the | 11 |
| original administrative rules adopted under this Act, the
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| Department may issue
a license to
any individual who, in | 13 |
| addition to meeting the requirements set forth in
paragraphs | 14 |
| (1),
(2), (3), and (4) of Section 30, can document employment | 15 |
| as an electrologist
and has
received remuneration for | 16 |
| practicing electrology for a period of 3 years and
can show | 17 |
| proof of one of the following: (i) current board certification | 18 |
| by a
national electrology certifying body approved by the | 19 |
| Department; or (ii)
completion of 30 continuing education units | 20 |
| in electrology approved
by the
Department. | 21 |
| (b) The Department may issue a license to an individual who | 22 |
| failed to apply for licensure under subsection (a) of this | 23 |
| Section on or before February 22, 2006 (one year after the | 24 |
| effective date of the rules adopted under this Act), but who | 25 |
| otherwise meets the qualifications set forth in subsection (a) |
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| of this Section, provided that the individual submits a | 2 |
| completed application for licensure as required within 90 days | 3 |
| after the effective date of this amendatory Act of the 95th | 4 |
| General Assembly.
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| (Source: P.A. 92-750, eff. 1-1-03; 93-253, eff. 7-22-03.)
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| Section 10. The Carnival and Amusement Rides Safety Act is | 7 |
| amended by changing Sections 2-10, 2-15, and 2-20 as follows:
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| (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
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| Sec. 2-10. No amusement ride or amusement attraction
shall | 10 |
| be operated at a carnival or fair in this State
without a | 11 |
| permit having been issued by the Director to an operator of | 12 |
| such
equipment. At least 30 days prior to the first day of | 13 |
| operation or the expiration of the permit, On or before the | 14 |
| first of May of each year, any person required
to obtain a | 15 |
| permit by this Act shall apply to the Director for a permit
on | 16 |
| a form furnished by the Director which form shall contain such | 17 |
| information
as the Director may require. The Director may waive | 18 |
| the requirement that
an application for a permit must be filed | 19 |
| at least 30 days prior to the first day of operation or the | 20 |
| expiration of the permit on or before
May 1 of each year if the | 21 |
| applicant gives satisfactory proof to the Director
that he | 22 |
| could not reasonably comply with the date requirement and if | 23 |
| the
applicant immediately applies for a permit after the need | 24 |
| for a permit is
first determined. For the purpose of |
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| determining if an amusement ride or
amusement attraction is in | 2 |
| safe operating condition and will provide
protection to the | 3 |
| public using such amusement ride or amusement attraction,
each | 4 |
| amusement ride or amusement attraction shall be inspected by | 5 |
| the
Director before it is initially placed in operation in this | 6 |
| State, and
shall thereafter be inspected at least once each | 7 |
| year.
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| If, after inspection, an amusement ride or amusement | 9 |
| attraction is found
to comply with the rules adopted under this | 10 |
| Act, the Director shall issue
a permit for the operation of the | 11 |
| amusement ride or amusement attraction.
The permit shall be | 12 |
| issued conditioned upon the payment of the permit fee
and any | 13 |
| applicable inspection fee at the time the application for | 14 |
| permit to
operate is
filed with the Department
and may be | 15 |
| suspended as provided in the Department's rules.
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| If, after inspection, additions or alterations are | 17 |
| contemplated which change
a structure, mechanism, | 18 |
| classification or capacity, the operator shall notify
the | 19 |
| Director of his intentions in writing and provide any plans or | 20 |
| diagrams
requested by the Director.
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| Notwithstanding any other rulemaking authority that may | 22 |
| exist, neither the Governor nor any agency or agency head under | 23 |
| the jurisdiction of the Governor has any authority to make or | 24 |
| promulgate rules to implement or enforce the provisions of this | 25 |
| amendatory Act of the 95th General Assembly. If, however, the | 26 |
| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th | 2 |
| General Assembly, the Governor may suggest rules to the General | 3 |
| Assembly by filing them with the Clerk of the House and | 4 |
| Secretary of the Senate and by requesting that the General | 5 |
| Assembly authorize such rulemaking by law, enact those | 6 |
| suggested rules into law, or take any other appropriate action | 7 |
| in the General Assembly's discretion. Nothing contained in this | 8 |
| amendatory Act of the 95th General Assembly shall be | 9 |
| interpreted to grant rulemaking authority under any other | 10 |
| Illinois statute where such authority is not otherwise | 11 |
| explicitly given. For the purposes of this amendatory Act of | 12 |
| the 95th General Assembly, "rules" is given the meaning | 13 |
| contained in Section 1-70 of the Illinois Administrative | 14 |
| Procedure Act, and "agency" and "agency head" are given the | 15 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 16 |
| Administrative Procedure Act to the extent that such | 17 |
| definitions apply to agencies or agency heads under the | 18 |
| jurisdiction of the Governor. | 19 |
| (Source: P.A. 92-26, eff. 1-1-02.)
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| (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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| Sec. 2-15. Penalties. | 22 |
| (a) Criminal penalties. | 23 |
| 1. Any person who operates an amusement ride or | 24 |
| amusement attraction at
a carnival or fair without having | 25 |
| obtained
a permit from the Director or who violates any |
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| order or rule issued by the
Director under this Act is | 2 |
| guilty of a Class A misdemeanor. Each
day shall constitute | 3 |
| a separate and distinct offense.
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| 2. Any person who interferes with, impedes, or | 5 |
| obstructs in any manner
the Director or any authorized | 6 |
| representative of the Department
in the performance of | 7 |
| their duties under this Act is guilty
of a Class A | 8 |
| misdemeanor.
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| (b) Civil penalties. Unless otherwise provided in this Act, | 10 |
| any person who operates an amusement ride or amusement | 11 |
| attraction without having obtained a permit from the Department | 12 |
| in violation of this Act is subject to a civil penalty not to | 13 |
| exceed $2,500 per violation for a first violation and not to | 14 |
| exceed $5,000 for a second or subsequent violation. | 15 |
| Prior to any determination, or the imposition of any civil | 16 |
| penalty, under this subsection (b), the Department shall notify | 17 |
| the operator in writing of the alleged violation. The | 18 |
| Department shall afford the operator 15 days from the date of | 19 |
| the notice to present any written information that the operator | 20 |
| wishes the Department to consider in connection with its | 21 |
| determination in the matter. Upon written request of the | 22 |
| operator, the Department shall convene an informal | 23 |
| fact-finding conference, provided such request is received by | 24 |
| the Department within 15 days of the date of the notice of the | 25 |
| alleged violation. In determining the amount of a penalty, the | 26 |
| Director may consider the appropriateness of the penalty to the |
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| person or entity charged, upon determination of the gravity of | 2 |
| the violation. Penalties may be recovered in a civil action | 3 |
| brought by the Director of Labor in any circuit court. In this | 4 |
| litigation, the Director of Labor shall be represented by the | 5 |
| Attorney General. | 6 |
| (c) Notwithstanding any other rulemaking authority that | 7 |
| may exist, neither the Governor nor any agency or agency head | 8 |
| under the jurisdiction of the Governor has any authority to | 9 |
| make or promulgate rules to implement or enforce the provisions | 10 |
| of this amendatory Act of the 95th General Assembly. If, | 11 |
| however, the Governor believes that rules are necessary to | 12 |
| implement or enforce the provisions of this amendatory Act of | 13 |
| the 95th General Assembly, the Governor may suggest rules to | 14 |
| the General Assembly by filing them with the Clerk of the House | 15 |
| and Secretary of the Senate and by requesting that the General | 16 |
| Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this amendatory Act of | 23 |
| the 95th General Assembly, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the | 26 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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LRB095 15024 RAS 51018 a |
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| Administrative Procedure Act to the extent that such | 2 |
| definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| (Source: P.A. 94-801, eff. 5-25-06.)
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| (430 ILCS 85/2-20) | 6 |
| Sec. 2-20. Employment of carnival workers. | 7 |
| (a) Beginning on January 1, 2008, no person, firm, | 8 |
| corporation, or other entity that owns or operates a carnival | 9 |
| or fair shall employ a carnival worker who (i) has been | 10 |
| convicted of any offense set forth in Article 11 of the | 11 |
| Criminal Code of 1961, (ii) is a registered sex offender, as | 12 |
| defined in the Sex Offender Registration Act, or (iii) has ever | 13 |
| been convicted of any offense set forth in Article 9 of the | 14 |
| Criminal Code of 1961. | 15 |
| (b) A person, firm, corporation, or other entity that owns | 16 |
| or operates a carnival or fair must conduct a criminal history | 17 |
| records check and perform a check of the Illinois Sex Offender | 18 |
| Registry for carnival workers at the time they are hired , and | 19 |
| annually thereafter consistent with the Illinois Uniform | 20 |
| Conviction Information Act and perform a check of the Sex | 21 |
| Offender Registry . | 22 |
| Effective November 1, 2008, the check of the sex offender | 23 |
| registry shall be performed through the National Sex Offender | 24 |
| Public Registry. | 25 |
| The criminal history records check performed under this |
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| subsection (b) shall be performed by the Illinois State Police, | 2 |
| another State or federal law enforcement agency, or a business | 3 |
| belonging to the National Association of Professional | 4 |
| Background Check Screeners. | 5 |
| Carnival workers who are foreign nationals and have been | 6 |
| granted visas by the United States Citizenship and Immigration | 7 |
| Services in conjunction with the United States Department of | 8 |
| Labor's H-2B or J-1 programs and are lawfully admitted into the | 9 |
| United States shall be exempt from the background check | 10 |
| requirement imposed under this subsection. In the case of | 11 |
| carnival workers who are hired on a temporary basis to work at | 12 |
| a specific event, the carnival or fair owner may work with | 13 |
| local enforcement agencies in order expedite the criminal | 14 |
| history records check required under this subsection (b). | 15 |
| Individuals who are under the age of 17 are exempt from the | 16 |
| criminal history records check requirements set forth in this | 17 |
| subsection (b). | 18 |
| (c) Any person, firm, corporation, or other entity that | 19 |
| owns or operates a carnival or fair must have a substance abuse | 20 |
| policy in place for its workers, which shall include random | 21 |
| drug testing of carnival workers. | 22 |
| (d) Any person, firm, corporation, or other entity that | 23 |
| owns or operates a carnival or fair that violates the | 24 |
| provisions of subsection (a) of this Section or fails to | 25 |
| conduct a criminal history records check or a sex offender | 26 |
| registry check for carnival workers in its employ, as required |
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| by subsection (b) of this Section, shall be assessed a civil | 2 |
| penalty in an amount not to exceed $1,000 for a first offense, | 3 |
| not to exceed $5,000 for a second offense, and not to exceed | 4 |
| $15,000 for a third or subsequent offense. The collection of | 5 |
| these penalties shall be enforced in a civil action brought by | 6 |
| the Attorney General on behalf of the Department. | 7 |
| (e) A carnival or fair owner is not responsible for: | 8 |
| (1) any personal information submitted by a carnival | 9 |
| worker for criminal history records check purposes; or | 10 |
| (2) any information provided by a third party for a | 11 |
| criminal history records check or a sex offender registry | 12 |
| check. | 13 |
| (f) Recordkeeping requirements. Any person, firm, | 14 |
| corporation, or other entity that owns or operates a carnival | 15 |
| or fair subject to the provisions of this Act shall make, | 16 |
| preserve, and make available to the Department, upon its | 17 |
| request, all records that are required by this Act, including | 18 |
| but not limited to a written substance abuse policy, evidence | 19 |
| of the required criminal history records check and Sex Offender | 20 |
| Registry check, and any other information the Director may deem | 21 |
| necessary and appropriate for enforcement of this Act. | 22 |
| (g) Notwithstanding any other rulemaking authority that | 23 |
| may exist, neither the Governor nor any agency or agency head | 24 |
| under the jurisdiction of the Governor has any authority to | 25 |
| make or promulgate rules to implement or enforce the provisions | 26 |
| of this amendatory Act of the 95th General Assembly. If, |
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LRB095 15024 RAS 51018 a |
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| however, the Governor believes that rules are necessary to | 2 |
| implement or enforce the provisions of this amendatory Act of | 3 |
| the 95th General Assembly, the Governor may suggest rules to | 4 |
| the General Assembly by filing them with the Clerk of the House | 5 |
| and Secretary of the Senate and by requesting that the General | 6 |
| Assembly authorize such rulemaking by law, enact those | 7 |
| suggested rules into law, or take any other appropriate action | 8 |
| in the General Assembly's discretion. Nothing contained in this | 9 |
| amendatory Act of the 95th General Assembly shall be | 10 |
| interpreted to grant rulemaking authority under any other | 11 |
| Illinois statute where such authority is not otherwise | 12 |
| explicitly given. For the purposes of this amendatory Act of | 13 |
| the 95th General Assembly, "rules" is given the meaning | 14 |
| contained in Section 1-70 of the Illinois Administrative | 15 |
| Procedure Act, and "agency" and "agency head" are given the | 16 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 17 |
| Administrative Procedure Act to the extent that such | 18 |
| definitions apply to agencies or agency heads under the | 19 |
| jurisdiction of the Governor. | 20 |
| (h) A carnival or fair owner shall not be liable to any | 21 |
| employee in carrying out the requirements of this Section.
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| (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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