HB5073 Engrossed LRB095 19165 RAS 45400 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 Acupuncture Practice Act is amended by
5 changing Section 20.1 as follows:
 
6     (225 ILCS 2/20.1)
7     (Section scheduled to be repealed on January 1, 2018)
8     Sec. 20.1. Guest instructors of acupuncture; professional
9 education. The provisions of this Act do not prohibit an
10 acupuncturist from another state or country, who is not
11 licensed under this Act and who is an invited guest of a
12 professional acupuncture association or scientific acupuncture
13 foundation or an acupuncture training program or continuing
14 education provider approved by the Department under this Act,
15 from engaging in professional education through lectures,
16 clinics, or demonstrations, provided that the acupuncturist is
17 currently licensed in another state or country and , his or her
18 license is active and has not been disciplined, or and he or
19 she is currently certified in good standing as an acupuncturist
20 by the National Certification Commission for Acupuncture and
21 Oriental Medicine.
22     Licensees under this Act may engage in professional
23 education through lectures, clinics, or demonstrations as an

 

 

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1 invited guest of a professional acupuncture association or
2 scientific acupuncture foundation or an acupuncture training
3 program or continuing education provider approved by the
4 Department under this Act. The Department may, but is not
5 required to, establish rules concerning this Section.
6 (Source: P.A. 95-450, eff. 8-27-07.)
 
7     Section 10. The Illinois Roofing Industry Licensing Act is
8 amended by changing Section 3.5 as follows:
 
9     (225 ILCS 335/3.5)
10     (Section scheduled to be repealed on January 1, 2016)
11     Sec. 3.5. Examination.
12     (a) The Department shall authorize examinations for
13 applicants for initial licenses at the time and place it may
14 designate. The examinations shall be of a character to fairly
15 test the competence and qualifications of applicants to act as
16 roofing contractors. Each applicant for limited licenses shall
17 designate a qualifying party who shall take an examination, the
18 technical portion of which shall cover residential roofing
19 practices. Each applicant for an unlimited license shall
20 designate a qualifying party who shall take an examination, the
21 technical portion of which shall cover residential,
22 commercial, and industrial roofing practices.
23     (b) An applicant for a limited license or an unlimited
24 license or a qualifying party designated by an applicant for a

 

 

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1 limited license or unlimited license shall pay, either to the
2 Department or the designated testing service, a fee established
3 by the Department to cover the cost of providing the
4 examination. Failure of the individual scheduled to appear for
5 the examination on the scheduled date at the time and place
6 specified after his or her application for examination has been
7 received and acknowledged by the Department or the designated
8 testing service shall result in forfeiture of the examination
9 fee.
10     (c) A person who has a license as described in subsection
11 (1.5) of Section 3 is exempt from the examination requirement
12 of this Section, so long as (1) the license continues to be
13 valid and is renewed before expiration and (2) the person is
14 not newly designated as a qualifying party after July 1, 2003.
15 The qualifying party for an applicant for a new license must
16 have passed an examination authorized by the Department before
17 the Department may issue a license.
18     (d) The application for a license as a corporation,
19 business trust, or other legal entity submitted by a sole
20 proprietor who is currently licensed under this Act and exempt
21 from the examination requirement of this Section shall not be
22 considered an application for initial licensure for the
23 purposes of this subsection (d) if the sole proprietor is named
24 in the application as the qualifying party and is the sole
25 owner of the legal entity. Upon issuance of a license to the
26 new legal entity, the sole proprietorship license is

 

 

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1 terminated.
2     The application for initial licensure as a partnership,
3 corporation, business trust, or other legal entity submitted by
4 a currently licensed partnership, corporation, business trust,
5 or other legal entity shall not be considered an application
6 for initial licensure for the purposes of this subsection (d)
7 if the entity's current qualifying party is exempt from the
8 examination requirement of this Section, that qualifying party
9 is named as the new legal entity's qualifying party, and the
10 majority of ownership in the new legal entity remains the same
11 as the currently licensed entity. Upon issuance of a license to
12 the new legal entity under this subsection (d), the former
13 license issued to the applicant is terminated.
14     (e) An applicant has 3 years after the date of his or her
15 application to complete the application process. If the process
16 has not been completed within 3 years, the application shall be
17 denied, the fee shall be forfeited, and the applicant must
18 reapply and meet the requirements in effect at the time of
19 reapplication.
20 (Source: P.A. 95-303, eff. 1-1-08.)
 
21     Section 15. The Auction License Act is amended by adding
22 Section 30-6 as follows:
 
23     (225 ILCS 407/30-6 new)
24     Sec. 30-6. Department; powers and duties. The Department

 

 

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1 shall exercise the powers and duties prescribed by the Civil
2 Administrative Code of Illinois for the administration of
3 licensing acts and shall exercise such other powers and duties
4 as prescribed by this Act. The Department may contract with
5 third parties for services necessary for the proper
6 administration of this Act.
 
7     (225 ILCS 407/30-35 rep.)
8     Section 20. The Auction License Act is amended by repealing
9 Section 30-35.