Full Text of HB5073 95th General Assembly
HB5073eng 95TH GENERAL ASSEMBLY
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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| (Section scheduled to be repealed on January 1, 2018)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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| 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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