Full Text of HB4523 94th General Assembly
HB4523eng 94TH GENERAL ASSEMBLY
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HB4523 Engrossed |
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LRB094 16427 RAS 51687 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 1. Short title. This Act may be cited as the Tattoo | 5 |
| and Body Piercing Establishment Registration Act . | 6 |
| Section 5. Purpose. It has been established that | 7 |
| non-sterile needles can lead to the spread of certain | 8 |
| blood-borne illnesses such as Hepatitis and HIV. Tattoo and | 9 |
| body piercing practices affect the health, safety, and welfare | 10 |
| of the public, therefore, the General Assembly finds that the | 11 |
| regulation of tattoo and body piercing establishments by the | 12 |
| State is necessary to ensure public health, safety, and | 13 |
| welfare. It is further declared that the purpose of this Act is | 14 |
| to provide for a safe and adequate blood supply. This Act shall | 15 |
| be liberally construed to carry out these objectives and | 16 |
| purposes. | 17 |
| Section 10. Definitions. In this Act:
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| "Aseptic technique" means a practice that prevents and | 19 |
| hinders the transmission of disease-producing microorganisms | 20 |
| from one person or place to another. | 21 |
| "Body piercing" means penetrating the skin to make a hole, | 22 |
| mark, or scar that is generally permanent in nature.
"Body | 23 |
| piercing" does not include practices that are considered | 24 |
| medical procedures or the puncturing of the outer perimeter or | 25 |
| lobe of the ear using a pre-sterilized, single-use stud and | 26 |
| clasp ear piercing system. | 27 |
| "Client" means the person, customer, or patron whose skin | 28 |
| will be tattooed or pierced.
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| "Communicable disease" means a disease that can be | 30 |
| transmitted from person to person directly or indirectly, | 31 |
| including diseases transmitted via blood or body fluids. |
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| "Department" means the Department of Public Health or other | 2 |
| health authority designated as its agent. | 3 |
| "Director" means the Director of Public Health or his or | 4 |
| her designee. | 5 |
| "Establishment" means body-piercing operation, a tattooing | 6 |
| operation, or a
combination of both operations in a | 7 |
| multiple-type establishment. | 8 |
| "Ink cup" means a small container for an individual portion | 9 |
| of pigment that may be installed in a holder or palette and in | 10 |
| which a small amount of pigment of a given color is placed.
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| "Multi-type establishment" means an operation encompassing | 12 |
| both body piercing and tattooing on the same premises and under | 13 |
| the same management.
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| "Procedure area" means the immediate area where | 15 |
| instruments and supplies are placed during a procedure. | 16 |
| "Operator" means an individual, partnership, corporation, | 17 |
| association, or other entity engaged in the business of owning, | 18 |
| managing, or offering services of body piercing or tattooing.
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| "Sanitation" means the effective bactericidal and | 20 |
| veridical treatment of clean equipment surfaces by a process | 21 |
| that effectively destroys pathogens. | 22 |
| "Single use" means items that are intended for one time and | 23 |
| one person use only and are to then be discarded. | 24 |
| "Sterilize" means to destroy all living organisms | 25 |
| including spores. | 26 |
| "Tattooing" means making permanent marks on the skin of a | 27 |
| live human being by puncturing the skin and inserting indelible | 28 |
| colors. "Tattooing" includes imparting permanent makeup on the | 29 |
| skin, such as permanent lip coloring and permanent eyeliner. | 30 |
| "Tattooing" does not include any of the following: | 31 |
| (1) The practice of electrology as defined in the | 32 |
| Electrology Licensing Act. | 33 |
| (2) The practice of acupuncture as defined in the | 34 |
| Acupuncture Licensing Act. | 35 |
| (3) The use, by a physician licensed to practice | 36 |
| medicine in all its branches, of colors, dyes, or pigments |
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| for the purpose of obscuring scar tissue or imparting color | 2 |
| to the skin for cosmetic, medical, or figurative purposes. | 3 |
| Section 15. Registration required. | 4 |
| (a) A certificate of registration issued by the Department | 5 |
| shall be required prior to the operation of any establishment | 6 |
| or multi-type establishment. The owner of the facility shall | 7 |
| file an application for a certificate of registration with the | 8 |
| Department that shall be accompanied by the requisite fee, as | 9 |
| determined by the Department, and include all of the following | 10 |
| information: | 11 |
| (1) The applicant's (owner) name, address, telephone | 12 |
| number, and age.
In order to qualify for a certificate of | 13 |
| registration under this Act, an applicant must be at least | 14 |
| 18 years of age. | 15 |
| (2) The name, address, and phone number of the | 16 |
| establishment. | 17 |
| (3) The type and year of manufacture of the equipment | 18 |
| proposed to be used for tattooing or body piercing. | 19 |
| (4) The sterilization and operation procedures to be | 20 |
| used by the establishment. | 21 |
| (5) Any other information required by the Department. | 22 |
| (b) If the owner owns or operates more than one | 23 |
| establishment, the owner shall file a separate application for | 24 |
| each facility owned or operated. | 25 |
| Section 20. Temporary registration. A temporary | 26 |
| certificate of registration may be issued by the Department for | 27 |
| educational, trade show, or product demonstration purposes | 28 |
| only. The temporary certificate of registration shall be valid | 29 |
| for a maximum of 14 calendar days. | 30 |
| Section 25. Operating requirements. All establishments | 31 |
| registered under this Act must comply with the following | 32 |
| requirements: | 33 |
| (1) An establishment must ensure that all body piercing |
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| and tattooing procedures are performed in a clean and | 2 |
| sanitary environment that is consistent with sanitation | 3 |
| techniques established by the Department. | 4 |
| (2) An establishment must ensure that all body piercing | 5 |
| and tattooing procedures are performed in a manner that is | 6 |
| consistent with an aseptic technique established by the | 7 |
| Department. | 8 |
| (3) An establishment must ensure that all equipment and | 9 |
| instruments used in body piercing and tattooing procedures | 10 |
| are either single use and pre-packaged instruments or in | 11 |
| compliance with sterilization techniques established by | 12 |
| the Department. | 13 |
| (4) An establishment must ensure that single use ink is | 14 |
| used in all tattooing procedures. | 15 |
| Section 27. Prohibitions. Body piercing procedures must | 16 |
| not be performed, without medical clearance, on skin surfaces | 17 |
| where sunburn, rash, acne, infection, open lesions, or other | 18 |
| questionable skin lesions exist and must not be performed on | 19 |
| any person who is impaired by drugs or alcohol. | 20 |
| Section 30. Duties of the Department; rulemaking.
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| (a) Before issuing a certificate of registration to an | 22 |
| applicant, the Department, or its designee, shall inspect the | 23 |
| premises of the establishment to insure compliance under the | 24 |
| requirements of this Act. | 25 |
| (b) Once a certificate of registration is issued, the | 26 |
| Department may periodically inspect each establishment | 27 |
| registered under this Act to ensure compliance. | 28 |
| (c)
The Department shall adopt any rules deemed necessary | 29 |
| for the implementation and administration of this Act. | 30 |
| Section 35. Expiration and renewal of registration; | 31 |
| display.
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| (a) A certificate of registration issued under this Act | 33 |
| shall expire and may be renewed annually. |
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| (b) Registration is valid for a single location and only | 2 |
| for the operator named on the certificate. Registration is not | 3 |
| transferable. | 4 |
| (c) The certificate of registration issued by the | 5 |
| Department shall be conspicuously displayed within the sight of | 6 |
| clients upon entering the establishment. | 7 |
| Section 40. Change of ownership.
In the event of a change | 8 |
| of ownership, the new owner must apply for a certificate of | 9 |
| registration prior to taking possession of the property. A | 10 |
| provisional certificate of registration may be issued by the | 11 |
| Department until an initial inspection for a certificate of | 12 |
| registration can be performed by the Department or its | 13 |
| designee. | 14 |
| Section 45. Denial; suspension; revocation; nonrenewal of | 15 |
| registration. A certificate of registration may be denied, | 16 |
| suspended, revoked, or the renewal of a
certificate of | 17 |
| registration may be denied for any of the following reasons: | 18 |
| Violation of any of the provisions of this Act or the rules | 19 |
| and
regulations adopted by the Department under this Act. | 20 |
| Conviction of an applicant or registrant of an offense | 21 |
| arising from
false, fraudulent, deceptive, or misleading | 22 |
| advertising. The record of
conviction or a certified copy shall | 23 |
| be conclusive evidence of the conviction. | 24 |
| Revocation of a certificate of registration during the | 25 |
| previous 5 years or surrender or
expiration of the certificate | 26 |
| of registration during the pendency of action by the
Department | 27 |
| to revoke or suspend the certificate of registration during the | 28 |
| previous 5 years, if
before the certificate of registration was | 29 |
| issued to the individual applicant, a controlling
owner or | 30 |
| controlling combination of owners of the applicant, or any
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| affiliate of the individual applicant or controlling owner of | 32 |
| the applicant
or affiliate of the applicant, was a controlling | 33 |
| owner of the prior certificate of registration. |
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| Section 50. Administration; enforcement. | 2 |
| (a) The Department may establish a training program for the | 3 |
| Department
agents for administration and enforcement of this | 4 |
| Act. | 5 |
| (b) In the administration and enforcement of this Act, the | 6 |
| Department may
designate and use State-certified, local public | 7 |
| health departments as its agents in the administration and | 8 |
| enforcement of
this Act and rules. | 9 |
| (c) The Department shall issue grants to State-certified, | 10 |
| local public health departments acting as agents of the | 11 |
| Department based on 75% of the total fees and fines collected | 12 |
| in the jurisdiction of the State-certified, local public health | 13 |
| department for the enforcement and administration of this Act. | 14 |
| (d) The Department or a State-certified, local public | 15 |
| health department acting as an agent of the Department in the | 16 |
| administration and enforcement of this Act may use the local | 17 |
| administrative review process of the State-certified, local | 18 |
| public health department to resolve disputes. | 19 |
| Section 55. Investigation; hearing; notice. The Department | 20 |
| may, upon its
own motion, and shall upon the verified complaint | 21 |
| in writing of any person
setting forth facts which if proven | 22 |
| would constitute grounds for the denial
of an application for a | 23 |
| certificate of registration, or refusal to renew a certificate | 24 |
| of registration, or revocation
of a certificate of | 25 |
| registration, or suspension of a certificate of registration, | 26 |
| investigate the applicant or registrant. The Department, after | 27 |
| notice and opportunity for hearing, may deny
any application | 28 |
| for or suspend or revoke a certificate of registration or may | 29 |
| refuse to renew a
certificate of registration. Before denying | 30 |
| an application or refusing to renew, suspending, or revoking a | 31 |
| certificate of registration, the Department shall notify the | 32 |
| applicant
in writing. The notice shall specify the charges or | 33 |
| reasons for the
Department's contemplated action. The | 34 |
| applicant or registrant must
request a hearing within 10 days | 35 |
| after receipt of the notice. Failure to
request a hearing |
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| within 10 days shall constitute a waiver of the right
to a | 2 |
| hearing. | 3 |
| Section 60. Conduct of hearing. | 4 |
| (a) The hearing shall be conducted by the Director, or
an | 5 |
| individual designated in writing by the Director as a hearing | 6 |
| officer.
The Director or hearing officer may compel by subpoena | 7 |
| or subpoena duces
tecum the attendance and testimony of | 8 |
| witnesses and the production of books
and papers, and | 9 |
| administer oaths to witnesses. The hearing shall be
conducted | 10 |
| at a place designated by the Department. The procedures | 11 |
| governing
hearings and the issuance of final orders under this | 12 |
| Act shall be in
accordance with rules adopted by the | 13 |
| Department. | 14 |
| (b) All subpoenas issued by the Director or hearing officer | 15 |
| may be
served as provided for in civil actions. The fees of | 16 |
| witnesses for
attendance and travel shall be the same as the | 17 |
| fees for witnesses before
the circuit court and shall be paid | 18 |
| by the party to the proceedings at whose
request the subpoena | 19 |
| is issued. If a subpoena is issued at the request of
the | 20 |
| Department, the witness fee shall be paid as an administrative | 21 |
| expense. | 22 |
| (c) In cases of refusal of a witness to attend or testify, | 23 |
| or to produce
books or papers, concerning any matter upon which | 24 |
| he or she might be lawfully
examined, the circuit court of the | 25 |
| county wherein the hearing is held, upon
application of any | 26 |
| party to the proceeding, may compel obedience by
proceeding as | 27 |
| for contempt as in cases of a like refusal to obey a similar
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| order of the court. | 29 |
| Section 65. Findings of fact; conclusions of law; decision. | 30 |
| The Director or hearing officer shall make findings of fact
and | 31 |
| conclusions of law in a hearing, and the Director shall
render | 32 |
| his or her decision, or the hearing officer his or her proposal | 33 |
| for
decision within 45 days after the termination of the | 34 |
| hearing
unless additional time is required by the Director or |
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| hearing officer for a proper disposition
of the matter. A copy | 2 |
| of the final decision of the Director shall
be served upon the | 3 |
| applicant or registrant in person or by
certified mail. | 4 |
| Section 70. Review under Administrative Review Law; venue; | 5 |
| costs. All
final administrative decisions of the Department | 6 |
| under this Act shall be
subject to judicial review under the | 7 |
| provisions of Article III of the Code
of Civil Procedure. The | 8 |
| term "administrative decision" is defined
under Section 3-101 | 9 |
| of the Code of Civil Procedure. | 10 |
| Proceedings for judicial review shall be commenced in the | 11 |
| circuit court
of the county in which the party applying for | 12 |
| review resides; provided,
that if the party is not a resident | 13 |
| of this State, the venue shall be in
Sangamon County. | 14 |
| The Department shall not be required to certify any record | 15 |
| or file any
answer or otherwise appear in any proceeding for | 16 |
| judicial review unless the
party filing the complaint deposits | 17 |
| with the clerk of the court the sum of
95˘ per page | 18 |
| representing costs of certification of the record or file.
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| Failure on the part of the plaintiff to make the deposit shall | 20 |
| be grounds
for dismissal of the action. | 21 |
| Section 75. Administrative Procedure Act; application. The | 22 |
| provisions of
the Illinois Administrative Procedure Act are | 23 |
| hereby expressly adopted and
shall apply to all administrative | 24 |
| rules and procedure of the Department
under this Act, except | 25 |
| that in case of conflict between the Illinois
Administrative | 26 |
| Procedure Act and this Act the provisions of this Act shall
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| control, and except that Section 5 of the Illinois | 28 |
| Administrative Procedure
Act relating to procedures for | 29 |
| rulemaking does not apply to the adoption of
any rules required | 30 |
| by federal law in connection with which the Department is
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| precluded by law from exercising any discretion. | 32 |
| Section 80. Penalties; fines. The Department is authorized | 33 |
| to establish
and assess penalties or fines against a registrant |
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| for violations of
this Act or regulations adopted under this | 2 |
| Act. In no circumstance will
any penalties or fines exceed | 3 |
| $1,000 per day for each day the registrant
remains in | 4 |
| violation. | 5 |
| Section 85. Public nuisance. | 6 |
| (a) Any establishment operating without a valid | 7 |
| certificate of registration or operating
on a revoked | 8 |
| certificate of registration shall be guilty of committing a | 9 |
| public nuisance. | 10 |
| (b) A person convicted of knowingly maintaining a public | 11 |
| nuisance
commits a Class A misdemeanor. Each subsequent offense | 12 |
| under this Section
is a Class 4 felony. | 13 |
| (c) The Attorney General of this State or the State's | 14 |
| Attorney of the
county wherein the nuisance exists may commence | 15 |
| an action to abate the
nuisance. The court may without notice | 16 |
| or bond enter a temporary
restraining order or a preliminary | 17 |
| injunction to enjoin the defendant from
operating in violation | 18 |
| of this Act. | 19 |
| Section 90. Tattoo and Body Piercing Establishment | 20 |
| Registration Fund. There is hereby created in the State
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| Treasury a special fund to be known as the Tattoo and Body | 22 |
| Piercing Establishment Registration Fund. All
fees and fines | 23 |
| collected by the Department under this Act and any agreement | 24 |
| for
the implementation of this Act and rules under this Act and | 25 |
| any federal
funds collected pursuant to the administration of | 26 |
| this Act shall be deposited
into the Fund. The amount deposited | 27 |
| shall be
appropriated by the
General Assembly to the Department | 28 |
| for the purpose of conducting activities
relating to tattooing | 29 |
| and body piercing establishments. | 30 |
| Section 905. The State Finance Act is amended by adding | 31 |
| Section
5.663 and by changing Section 8h as follows:
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| (30 ILCS 105/5.663 new)
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| Sec. 5.663. The Tattoo and Body Piercing Establishment | 2 |
| Registration Fund. | 3 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 5 |
| (a) Except as provided in subsection (b), notwithstanding | 6 |
| any other
State law to the contrary, the Governor
may, through | 7 |
| June 30, 2007, from time to time direct the State Treasurer and | 8 |
| Comptroller to transfer
a specified sum from any fund held by | 9 |
| the State Treasurer to the General
Revenue Fund in order to | 10 |
| help defray the State's operating costs for the
fiscal year. | 11 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 13 |
| revenues to be deposited
into the fund during that fiscal year | 14 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 15 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 16 |
| 2005 only, prior to calculating the July 1, 2004 final | 17 |
| balances, the Governor may calculate and direct the State | 18 |
| Treasurer with the Comptroller to transfer additional amounts | 19 |
| determined by applying the formula authorized in Public Act | 20 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 21 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 23 |
| amount less than
the amount remaining unexpended and unreserved | 24 |
| from the total appropriation
from that fund estimated to be | 25 |
| expended for that fiscal year. This Section does not apply to | 26 |
| any
funds that are restricted by federal law to a specific use, | 27 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 28 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 29 |
| Provider Relief Fund, the Teacher Health Insurance Security | 30 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 31 |
| or the Voters' Guide Fund, the Foreign Language Interpreter | 32 |
| Fund, the Lawyers' Assistance Program Fund, the Supreme Court | 33 |
| Federal Projects Fund, the Supreme Court Special State Projects | 34 |
| Fund, or the Low-Level Radioactive Waste Facility Development | 35 |
| and Operation Fund, or the Hospital Basic Services Preservation |
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| Fund, or the Tattoo and Body Piercing Establishment | 2 |
| Registration Fund, or to any
funds to which subsection (f) of | 3 |
| Section 20-40 of the Nursing and Advanced Practice Nursing Act | 4 |
| applies. No transfers may be made under this Section from the | 5 |
| Pet Population Control Fund. Notwithstanding any
other | 6 |
| provision of this Section, for fiscal year 2004,
the total | 7 |
| transfer under this Section from the Road Fund or the State
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| Construction Account Fund shall not exceed the lesser of (i) 5% | 9 |
| of the revenues to be deposited
into the fund during that | 10 |
| fiscal year or (ii) 25% of the beginning balance in the fund.
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| For fiscal year 2005 through fiscal year 2007, no amounts may | 12 |
| be transferred under this Section from the Road Fund, the State | 13 |
| Construction Account Fund, the Criminal Justice Information | 14 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 15 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 17 |
| Governor
may include receipts, transfers into the fund, and | 18 |
| other
resources anticipated to be available in the fund in that | 19 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 21 |
| amounts designated
under this Section as soon as may be | 22 |
| practicable after receiving the direction
to transfer from the | 23 |
| Governor.
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| (b) This Section does not apply to: (i) the Ticket For The | 25 |
| Cure Fund ; (ii)
or to any fund established under the Community | 26 |
| Senior Services and Resources Act; or (iii)
(ii) on or after | 27 |
| January 1, 2006 ( the effective date of Public Act 94-511)
this | 28 |
| amendatory Act of the 94th General Assembly , the Child Labor | 29 |
| and Day and Temporary Labor Enforcement Fund. | 30 |
| (c) This Section does not apply to the Demutualization | 31 |
| Trust Fund established under the Uniform Disposition of | 32 |
| Unclaimed Property Act.
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| (d)
(c) This Section does not apply to moneys set aside in | 34 |
| the Illinois State Podiatric Disciplinary Fund for podiatric | 35 |
| scholarships and residency programs under the Podiatric | 36 |
| Scholarship and Residency Act. |
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 2 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 3 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 4 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 5 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 6 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 7 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
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