Full Text of HB5073 95th General Assembly
HB5073 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5073
Introduced , by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 2/20.1 |
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225 ILCS 335/3.5 |
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225 ILCS 407/30-6 new |
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225 ILCS 407/30-35 rep. |
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Amends that Acupuncture Practice Act. Allows an invited guest acupuncturist from another state or country to engage in professional education if he or she is currently licensed in another state or country and has an active, undisciplined license, or he or she is currently certified in good standing as an acupuncturist by the National Certification Commission for Acupuncture and Oriental Medicine (instead of requiring both components). Amends the Illinois Roofing Industry Act. Removes a provision that exempts a person who has a certain type of license from the examination requirement, so long as (1) the
license continues to be valid and is renewed before expiration and (2) the
person is not newly designated as a qualifying party after July 1, 2003. Amends the Auction License Act. Adds a Section concerning the powers and duties of the Department of Financial and Professional Regulation. Repeals a Section requiring the appointment of a Director of Auction Regulation.
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A BILL FOR
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HB5073 |
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LRB095 19165 RAS 45400 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 5. The Acupuncture Practice Act is amended by | 5 |
| changing Section 20.1 as follows:
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| (225 ILCS 2/20.1)
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| (Section scheduled to be repealed on January 1, 2018)
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| 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
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| 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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HB5073 |
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LRB095 19165 RAS 45400 b |
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| 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.
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| (Source: P.A. 95-450, eff. 8-27-07.)
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| Section 10. The Illinois Roofing Industry Licensing Act is | 8 |
| amended by changing Section 3.5 as follows:
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| (225 ILCS 335/3.5)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3.5. Examination.
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| (a) The Department shall authorize examinations for | 13 |
| applicants for
initial licenses at the time and place it may
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| 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.
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| (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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| 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
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| fee.
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| (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
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| the Department may issue a license.
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| (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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| 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.
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| (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
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| reapplication.
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| (Source: P.A. 95-303, eff. 1-1-08.)
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| Section 15. The Auction License Act is amended by adding | 22 |
| Section 30-6 as follows: | 23 |
| (225 ILCS 407/30-6 new)
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| Sec. 30-6. Department; powers and duties. The Department |
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| 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
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| third parties for services necessary for the proper | 6 |
| administration of this Act.
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| (225 ILCS 407/30-35 rep.)
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| Section 20. The Auction License Act is amended by repealing | 9 |
| Section 30-35.
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