State of Illinois
90th General Assembly
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[ Introduced ]

90_HB0244ham001

                                             LRB9000417DPccam
 1                     AMENDMENT TO HOUSE BILL 244
 2        AMENDMENT NO.     .  Amend House Bill 244 in  the  title,
 3    by  replacing  "1-7,  1-10,  4-1,  and  4-7  and by repealing
 4    Section 3D-5" with "1-10, 3D-5, and 4-1"; and
 5    by replacing everything after the enacting  clause  with  the
 6    following:
 7        "Section  5. The Barber, Cosmetology, Esthetics, and Nail
 8    Technology Act of 1985 is amended by changing Sections  1-10,
 9    3D-5, and 4-1 as follows:
10        (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
11        Sec.  1-10.   Display.   Every  holder of a license shall
12    display it in a place in the holder's principal office, place
13    of business or place of  employment.    Whenever  a  licensed
14    cosmetologist,   esthetician,   nail  technician,  or  barber
15    practices  cosmetology,  esthetics,   nail   technology,   or
16    barbering  outside  of  or  away  from  the  cosmetologist's,
17    esthetician's,   nail  technician's,  or  barber's  principal
18    office, place  of  business,  or  place  of  employment,  the
19    cosmetologist,  esthetician, nail technician, or barber shall
20    deliver to each person served a certificate of identification
21    in a form specified by the Department.
                            -2-              LRB9000417DPccam
 1        Every registered shop shall display  its  certificate  of
 2    registration  at  the  location of the shop.  Each shop where
 3    barber, cosmetology, esthetics, or nail  technology  services
 4    are provided shall have a certificate of registration.
 5    (Source: P.A. 89-387, eff. 1-1-96.)
 6        (225 ILCS 410/3D-5)
 7        Sec.  3D-5.   Requisites  for  ownership  or operation of
 8    cosmetology, esthetics, and nail technology salons and barber
 9    shops.
10        (a)  No  person,  firm,  partnership,  limited  liability
11    company, or corporation shall own or operate  a  cosmetology,
12    esthetics,  or  nail  technology salon or barber shop without
13    first applying on forms provided  by  the  Department  for  a
14    certificate of registration.
15        (b)  The  application  for  a certificate of registration
16    under this Section shall set forth  the  name,  address,  and
17    telephone  number  of the proposed cosmetology, esthetics, or
18    nail technology salon or barber shop; the name, address,  and
19    telephone   number  of  the  person,  firm,  partnership,  or
20    corporation that is to own or operate the salon or shop; and,
21    if the salon or shop is to be owned or operated by an  entity
22    other  than  an  individual, the name, address, and telephone
23    number of the managing partner or the chief executive officer
24    of the corporation or other entity that owns or operates  the
25    salon or shop.
26        (c)  The  Department  shall  be  notified by the owner or
27    operator of a salon or shop that is moved to a new  location.
28    If there is a change in the ownership or operation of a salon
29    or  shop,  the new owner or operator shall report that change
30    to the Department along with  completion  of  any  additional
31    requirements set forth by rule.
32        (d)  If  a  person,  firm, partnership, limited liability
33    company, or corporation owns or operates more than  one  shop
                            -3-              LRB9000417DPccam
 1    or  salon,  a  separate  certificate  of registration must be
 2    obtained for each salon or shop.
 3        (e)  (Blank) A certificate of registration granted  under
 4    this Section may be revoked in accordance with the provisions
 5    of  Article  IV  and  the  holder  of  the certificate may be
 6    otherwise disciplined by the Department  in  accordance  with
 7    rules adopted under this Act.
 8        (f)  (Blank)  The  Department  may  promulgate  rules  to
 9    establish  additional  requirements for owning or operating a
10    salon or shop.
11    (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
12        (225 ILCS 410/4-1) (from Ch. 111, par. 1704-1)
13        Sec.  4-1.  Powers  and  duties   of   Department.    The
14    Department  shall exercise, subject to the provisions of this
15    Act, the following functions, powers and duties:
16             (1) 1.  To cause to  be  conducted  examinations  to
17        ascertain  the  qualifications  and fitness of applicants
18        for  licensure  as  cosmetologists,  estheticians,   nail
19        technicians,  or  barbers  and as cosmetology, esthetics,
20        nail technology, or barbering teachers.
21             (2) 2.  To establish qualifications for licensure as
22        a cosmetologist, esthetician, nail technician, or  barber
23        or  cosmetology,  esthetics,  nail  technology, or barber
24        teacher for persons currently licensed as cosmetologists,
25        estheticians,   nail   technicians,   or    barbers    or
26        cosmetology,   esthetics,   nail  technology,  or  barber
27        teachers outside the State of Illinois or the continental
28        U.S.
29             (3) 3.  To prescribe rules for:
30                  (a) a.  The method of examination of candidates
31             for licensure as a cosmetologist, esthetician,  nail
32             technician,  or  barber  or  cosmetology, esthetics,
33             nail technology, or barbering teacher.
                            -4-              LRB9000417DPccam
 1                  (b)   b.  Minimum   standards   as   to    what
 2             constitutes   an  approved  school  of  cosmetology,
 3             esthetics, nail technology, or barbering.
 4             (4) 4.  To conduct  investigations  or  hearings  on
 5        proceedings to determine disciplinary action.
 6             (5)  5.  To prescribe reasonable rules governing the
 7        sanitary  regulation  and  inspection   of   cosmetology,
 8        esthetics, nail technology, or barbering schools.
 9             (6) 6.  To prescribe, subject to and consistent with
10        the provisions of Section 4-1.5, reasonable rules for the
11        method  of  renewal  for each license as a cosmetologist,
12        esthetician, nail technician, or barber  or  cosmetology,
13        esthetics, nail technology, or barbering teacher.
14             7.  To  prescribe reasonable rules for the method of
15        registration, the issuance, fees, renewal and  discipline
16        of  a  certificate  of  registration for the ownership or
17        operation of cosmetology, esthetics, and nail  technology
18        salons and barber shops.  The Department shall not impose
19        a registration fee upon a cosmetology, esthetics, or nail
20        technology salon or barber shop.
21    (Source: P.A. 89-387, eff. 1-1-96.)".

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