Public Act 90-0580 of the 90th General Assembly

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Public Act 90-0580

HB2590 Enrolled                                LRB9008985NTsb

    AN ACT regulating professions.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  2.   The Regulatory Agency Sunset Act is amended
by changing Sections 1, 2, 3, 4, 5, 6, and 7 as follows:

    (5 ILCS 80/1) (from Ch. 127, par. 1901)
    Sec. 1.  This Act shall be known and may be cited as  the
"Regulatory Agency Sunset Act".
(Source: P.A. 81-999.)

    (5 ILCS 80/2) (from Ch. 127, par. 1902)
    Sec. 2. Findings and intent.
    (a)  The  General  Assembly  finds  that State government
actions have produced a substantial increase  in  numbers  of
agencies,  growth  of programs and proliferation of rules and
regulations and that  the  whole  process  developed  without
sufficient  legislative  oversight, regulatory accountability
or a system of checks and  balances.   The  General  Assembly
further   finds   that  by  establishing  a  system  for  the
termination or continuation of such agencies and programs, it
will be in a better position to evaluate  the  need  for  the
continued existence of present and future regulatory bodies.
    (b)  It is the intent of the General Assembly:
         (1)  That   no   profession,  occupation,  business,
    industry  or  trade  shall  be  subject  to  the  State's
    regulatory power unless the exercise  of  such  power  is
    necessary to protect the public health, safety or welfare
    from  significant  and  discernible  harm or damage.  The
    exercise of the State's police power shall be  done  only
    to the extent necessary for that purpose.
         (2)  That the State shall not regulate a profession,
    occupation, industry, business or trade in a manner which
    will  unreasonably  and  adversely affect the competitive
    market.
         (3)  To provide systematic legislative review of the
    need for, and public benefits derived from, a program  or
    function  that  which licenses or otherwise regulates the
    initial entry into a  profession,  occupation,  business,
    industry  or  trade by a periodic review and termination,
    modification, or continuation of those such programs  and
    functions.
(Source: P.A. 81-999.)

    (5 ILCS 80/3) (from Ch. 127, par. 1903)
    Sec.  3.   Definitions.   As used in this Act, unless the
context clearly requires otherwise:,
    "Regulatory agency" or "agency" means  any  arm,  branch,
department,   board,   committee   or   commission  of  State
government that licenses, supervises, exercises control over,
or issues rules regarding, or otherwise regulates any  trade,
occupation, business, industry or profession.
    "Program" means a system to license or otherwise regulate
the  initial  entry  into a profession, occupation, business,
industry, or trade by  a  periodic  review  and  termination,
modification,  or continuation of the profession, occupation,
business, industry, or trade.
(Source: P.A. 81-999.)

    (5 ILCS 80/4) (from Ch. 127, par. 1904)
    Sec. 4. Repealers.   Each  Act  listed  in  the  Sections
following this Section and preceding Section 5 is repealed on
the  date  indicated,  unless  prior to that date the General
Assembly enacts legislation providing for the continuation of
the agency or program affected by the repealer.
(Source: P.A. 88-670, eff. 12-2-94.)
    (5 ILCS 80/5) (from Ch. 127, par. 1905)
    Sec. 5.  Study and report.   The  Bureau  of  the  Budget
shall  study  the  performance  of each regulatory agency and
program scheduled for termination under this Act  and  report
annually to the Governor the results of such study, including
in  the report recommendations with respect to those agencies
and programs the Bureau of the Budget  determines  should  be
terminated  or  continued  by  the State.  The Governor shall
review the report of the Bureau of the  Budget  and  in  each
even-numbered   year  make  recommendations  to  the  General
Assembly on the termination  or  continuation  of  regulatory
agencies  and programs.  The Governor's recommendations shall
be made a part of the State budget submitted to  the  General
Assembly in even-numbered years.
(Source: P.A. 81-999.)

    (5 ILCS 80/6) (from Ch. 127, par. 1906)
    Sec.  6.  Factors to be studied.  In conducting the study
required under Section 5, the  Bureau  of  the  Budget  shall
consider,  but  is  not  limited  to  consideration  of,  the
following factors in determining whether an agency or program
should be recommended for termination or continuation:
         (1)  The  extent  to which the agency or program has
    permitted qualified applicants to serve the public;
         (2)  The  extent  to  which  the  trade,   business,
    profession,  occupation  or  industry  being regulated is
    being administered in a nondiscriminatory manner both  in
    terms of employment and the rendering of services;
         (3)  The  extent  to  which the regulatory agency or
    program has operated in  the  public  interest,  and  the
    extent  to  which  its  operation  has  been  impeded  or
    enhanced  by existing statutes, procedures, and practices
    of any other department  of  State  government,  and  any
    other  circumstances,  including budgetary, resource, and
    personnel matters;
         (4)  The extent to  which  the  agency  running  the
    program  has recommended statutory changes to the General
    Assembly that which would benefit the public  as  opposed
    to the persons it regulates;
         (5)  The  extent  to which the agency or program has
    required  the  persons  it  regulates  to  report  to  it
    concerning the impact  of  rules  and  decisions  of  the
    agency  or  the  impact  of  the  program  on  the public
    regarding  improved  service,  economy  of  service,  and
    availability of service;
         (6)  The extent to which persons  regulated  by  the
    agency  or under the program have been required to assess
    problems in their industry that which affect the public;
         (7)  The extent to which the agency or  program  has
    encouraged  participation  by  the  public  in making its
    rules and decisions as opposed to participation solely by
    the persons it regulates and the  extent  to  which  such
    rules   and   decisions  are  consistent  with  statutory
    authority;
         (8)  The  efficiency  with   which   formal   public
    complaints  filed with the regulatory agency or under the
    program concerning persons  subject  to  regulation  have
    been  processed  to completion, by the executive director
    of the regulatory agencies or programs, by  the  Attorney
    General  and  by any other applicable department of State
    government; and
         (9)  The extent to which changes  are  necessary  in
    the  enabling laws of the agency or program to adequately
    comply with the factors listed in this Section.
(Source: P.A. 81-999.)

    (5 ILCS 80/7) (from Ch. 127, par. 1907)
    Sec. 7. Additional criteria.  In determining  whether  to
recommend  to  the  General  Assembly  under  Section  5  the
continuation  of  a  regulatory  agency  or  program  or  any
function  thereof,  the  Governor  shall  also  consider  the
following criteria:
    (1)  whether    the    absence    of   regulation   would
significantly harm or endanger the public health,  safety  or
welfare;
    (2)  whether  there  is a reasonable relationship between
the exercise of the State's police power and  the  protection
of the public health, safety or welfare;
    (3)  whether  there is another less restrictive method of
regulation  available  which  could  adequately  protect  the
public;
    (4)  whether the regulation has the effect of directly or
indirectly increasing the costs  of  any  goods  or  services
involved, and if so, to what degree;
    (5)  whether  the increase in cost is more harmful to the
public than the harm which could result from the  absence  of
regulation; and
    (6)  whether  all  facets  of  the regulatory process are
designed solely for the purpose of, and have as their primary
affect, the protection of the public.
(Source: P.A. 81-999.)

    (5 ILCS 80/4.1 rep.)
    (5 ILCS 80/4.2 rep.)
    (5 ILCS 80/4.3 rep.)
    (5 ILCS 80/4.4 rep.)
    (5 ILCS 80/4.4A rep.)
    (5 ILCS 80/4.5 rep.)
    (5 ILCS 80/4.6 rep.)
    (5 ILCS 80/4.9 rep.)
    (5 ILCS 80/13 rep.)
    Section 3.  The Regulatory Agency Sunset Act  is  amended
by  repealing  Sections  4.1,  4.2, 4.3, 4.4, 4.4A, 4.5, 4.6,
4.9, and 13.

    Section 5.  The Illinois Physical Therapy Act is  amended
by changing Section 2 as follows:

    (225 ILCS 90/2) (from Ch. 111, par. 4252)
    Sec.   2.    Licensure  requirement;  exempt  activities.
Practice without a license forbidden - exception.  No  person
shall  after  the  date  of August 31, 1965 begin to practice
physical therapy in this State or hold himself out  as  being
able  to  practice  this profession, unless he is licensed as
such in accordance with the provisions of this Act. After the
effective date of this amendatory  Act  of  1990,  no  person
shall  practice  or  hold himself out as a physical therapist
assistant unless he is licensed as such under this Act.
    This Act does not prohibit:
         (1)  Any person licensed in  this  State  under  any
    other  Act  from engaging in the practice for which he is
    licensed.
         (2)  The  practice  of  physical  therapy  by  those
    persons, practicing under the supervision of  a  licensed
    physical   therapist   and   who  have  met  all  of  the
    qualifications as provided in Sections 7, 8.1, and  9  of
    this  Act,  until  the  next  examination  is  given  for
    physical  therapists or physical therapist assistants and
    the results have been received by the Department and  the
    Department has determined the applicant's eligibility for
    a  license. Anyone failing to pass said examination shall
    not again practice physical therapy until such time as an
    examination has been successfully passed by such person.
         (3)  The practice of physical therapy for  a  period
    not  exceeding  6 months by a person who is in this State
    on a temporary basis to  assist  in  a  case  of  medical
    emergency  or  to  engage  in  a special physical therapy
    project, and who meets the qualifications for a  physical
    therapist  as  set  forth in Sections 7 and 8 of this Act
    and is licensed in another state as a physical therapist.
         (4)  Practice  of  physical  therapy  by   qualified
    persons who have filed for endorsement for no longer than
    one   year  or  until  such  time  that  notification  of
    licensure has been granted or denied, whichever period of
    time is lesser.
         (5)  One or more licensed physical  therapists  from
    forming  a  professional  service  corporation  under the
    provisions of the "Professional Service Corporation Act",
    approved September 15, 1969, as now or hereafter amended,
    and  licensing  such  corporation  for  the  practice  of
    physical therapy.
         (6)  Physical therapy aides from performing  patient
    care  activities  under  the  on-site  supervision  of  a
    licensed   physical   therapist   or   licensed  physical
    therapist assistant. These patient care activities  shall
    not   include  interpretation  of  referrals,  evaluation
    procedures, the planning of or  major  modifications  of,
    patient programs.
         (7)  Physical  Therapist  Assistants from performing
    patient care activities under the general supervision  of
    a  licensed  physical  therapist.  The physical therapist
    must  maintain  continual  contact  with   the   physical
    therapist    assistant    including   periodic   personal
    supervision and instruction  to  insure  the  safety  and
    welfare of the patient.
         (8)  The  practice of physical therapy by a physical
    therapy student or a physical therapist assistant student
    under  the  on-site  direct  personal  supervision  of  a
    licensed physical  therapist.    The  physical  therapist
    shall  be  readily  available  for direct supervision and
    instruction to insure  the  safety  and  welfare  of  the
    patient.
         (9)  The  practice of physical therapy as part of an
    educational program by a physical therapist  licensed  in
    another  state  or  country  for a period not to exceed 6
    months.
(Source: P.A. 86-1396.)

    Section 10.  The Professional Boxing and Wrestling Act is
amended by changing Section 13 as follows:

    (225 ILCS 105/13) (from Ch. 111, par. 5013)
    Sec. 13.  Tickets  to  athletic  events,  other  than  an
athletic  event  conducted at premises with an indoor seating
capacity of more than 17,000, shall be printed in  such  form
as  the  Department shall prescribe. A sworn inventory of all
tickets  printed  for  any  event  shall  be  mailed  to  the
Department by the printer not less than  7  days  before  the
event,  and  a sworn inventory of all tickets printed for any
event shall be sent to the Department by the promoter  within
24  hours  after  receipt  of  delivery from the printer. The
total number of tickets printed shall not  exceed  the  total
seating  capacity of the premises in which the event is to be
held. No tickets of admission to any  event,  other  than  an
athletic  event  conducted at premises with an indoor seating
capacity of more than 17,000,  shall  be  sold  except  those
declared on an official ticket inventory as described in this
Section.
    A promoter who conducts an athletic event under this Act,
other  than  an  athletic event conducted at premises with an
indoor seating capacity of more than 17,000, shall, within 24
hours after such event:  (1)  furnish  to  the  Department  a
written  report  verified  by  the promoter or his authorized
designee showing the number of tickets sold for  the  contest
and  the amount of the gross proceeds thereof; and (2) pay to
the State Treasurer a tax of 10% of  the  first  $500,000  of
gross  receipts  from  the  sale  of admission tickets, to be
placed in the  General  Revenue  Fund.  Also,  every  person,
showing  or  holding any boxing match or wrestling exhibition
on a closed circuit telecast viewed in  this  State,  whether
originating  within  this State, or another state or country,
where  admission  is  charged,  shall   register   with   the
Department  and  pay  a  $400  fee each year of registration.
Registrant shall be entitled to show unlimited closed circuit
events during the year the registration is valid.  A $25  fee
shall  be  paid  for  each  event  at each location where the
boxing contest or wrestling exhibition is shown by a licensed
Illinois promoter.  The Department shall prescribe rules  for
the   implementation  of  this  registration.   These  closed
circuit  TV  fees  shall  be  paid  to  the   Department   of
Professional Regulation.  furnish the Athletic Section of the
Department  a  written report, under oath, stating the number
of tickets sold for such showing and the amount of the  gross
proceeds  thereof,  and  such  other  matters as the Athletic
Board prescribes and shall within 24 hours after the  showing
of  the  contest  pay  to the State Treasurer a 5% tax on the
total gross receipts from the sale of tickets for the showing
of such match.  A fee must be paid for  each  location  where
the  boxing  contest  or  wrestling  exhibition is shown by a
licensed Illinois promoter.
(Source: P.A. 88-595, eff. 8-26-94.)

    Section 15.  The  Professional  Counselor   and  Clinical
Professional  Counselor  Licensing Act is amended by changing
Section 55 as follows:

    (225 ILCS 107/55)
    Sec. 55.  Implementation; transitional periods.
    (a)  Professional counselor.
         (1)  Without examination, the Department shall issue
    a nonrenewable  temporary  license,  which  shall  expire
    March  5,  1999  September  5,  1998,  to  any person who
    applies to  the  Department  on  forms  provided  by  the
    Department, submits the fee for temporary licensure and:
              (A)  has  a minimum of a master's degree in the
         field  of  counseling,  rehabilitation   counseling,
         psychology,  or  similar  program  from  a  college,
         university,  or school recognized by the educational
         governing authority in the jurisdiction in which  it
         is located; or
              (B)  has a baccalaureate degree from a college,
         university,  or school recognized by the educational
         governing authority in the jurisdiction in which  it
         is  located  and  can  document  the equivalent of 3
         years full-time satisfactory  supervised  experience
         as a professional counselor.
         (2)  All   holders   of  a  professional  counseling
    temporary license issued under part B of paragraph (1) of
    this subsection (a) must document the  equivalent  of  an
    additional  2 years full-time supervised work in order to
    become eligible to take the exam for a permanent license.
         (3)  All persons holding a temporary  license  shall
    complete any additional experience requirements, apply to
    sit  for  the  examination, submit the required fees, and
    pass an examination specified by the Department by  March
    5,  1999  September  5,  1998, in order to be eligible to
    obtain a professional counselor license. Upon passing the
    exam,  persons  holding  a   temporary   license   as   a
    professional  counselor  may  be  issued  a  professional
    counselor  license.  Persons  holding a temporary license
    who  do  not  pass  the  examination  by  March  5,  1999
    September  5,  1998,  will  be  required  to  submit   an
    application under Section 35 and meet the requirements in
    effect at the time of reapplication.
         (4)  Any  person  who  has received certification by
    any State or national organization  whose  standards  are
    accepted by the Department as being substantially similar
    to the standards in this Act may apply for a professional
    counselor license, and need not be examined further.

    (b)  Clinical professional counselor.
         (1)  Without examination, the Department shall issue
    a  nonrenewable  temporary license, which shall expire on
    March 5, 1999  September  5,  1998,  to  any  person  who
    applies  to  the  Department  on  forms  provided  by the
    Department, submits the fee for temporary licensure, and:
              (A)  has a minimum of a master's degree in  the
         field   of  counseling,  rehabilitation  counseling,
         psychology,  or  related  field  from   a   college,
         university,  or school recognized by the educational
         governing authority in the jurisdiction in which  it
         is located; and
              (B)  can document the equivalent of one unit of
         acceptable experience.
         (2)  All   persons   holding  a  temporary  clinical
    professional counselor license  shall  (A)  document  the
    completion  of  an  additional  one  unit  of  acceptable
    experience;  (B)  apply  to  sit for the examination; (C)
    submit the required fees; and  (D)  pass  an  examination
    specified by the Department by March 5, 1999 September 5,
    1998,  in  order  to  be  eligible  to  obtain a clinical
    professional counselor's license. Upon passing the  exam,
    persons   holding  a  temporary  license  as  a  clinical
    professional  counselor  may  be  issued  a  professional
    counselor license. Persons holding  a  temporary  license
    who  do  not  pass  the  examination  by  March  5,  1999
    September  1,  1998,  shall  be  required  to  submit  an
    application under Section 35 and meet the requirements in
    effect at the time of reapplication.
         (3)  For the purposes of this Section only, one unit
    of  acceptable experience is either (A) the equivalent of
    one year full-time work experience under the direction of
    a qualified supervisor or (B) the equivalent of  2  years
    work   experience  independent  of  the  direction  of  a
    qualified  supervisor.  The  unit  requirements  of  this
    Section  may  be  satisfied  by  supervised   experience,
    independent  experience,  or  a combination of supervised
    and independent experience.
         (4)  For  the  purposes  of   this   Section   only,
    acceptable  supervisors  are  those  who  at  the time of
    supervision  were  master's  level  or   doctoral   level
    counselors, certified social workers or licensed clinical
    social  workers,  registered  clinical  psychologists  or
    licensed  clinical  psychologists,  or  psychiatrists  as
    defined  in  Section  1-121  of  the  Mental  Health  and
    Developmental Disabilities Code.  One of these 2 years of
    supervision may be provided by a certified rehabilitation
    counselor.
         (5)  Any  person  who  has received certification by
    any State or national organization  whose  standards  are
    accepted  by  the  Department  may  apply  for a clinical
    professional counselor license, and need not be  examined
    further.
(Source: P.A. 87-1011; 87-1212; 87-1269; 88-45.)

    Section 20.  The Barber, Cosmetology, Esthetics, and Nail
Technology  Act of 1985 is amended by changing Sections 1-11,
2A-7, and 4-2 as follows:

    (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
    Sec. 1-11.  Exceptions to Act.
    (a)  Nothing in this Act shall be construed to  apply  to
the  educational  activities conducted in connection with any
monthly, annual or other special educational program  of  any
bona    fide    association   of   licensed   cosmetologists,
estheticians,  nail  technicians,  or  barbers,  or  licensed
cosmetology, esthetics, nail technology,  or  barber  schools
from which the general public is excluded.
    (b)  Nothing  in  this Act shall be construed to apply to
the activities and services of registered nurses or  licensed
practical  nurses,  as defined in the Illinois Nursing Act of
1987, or to personal care or health care services provided by
individuals in the performance of their duties as employed or
authorized by facilities or programs licensed or certified by
State agencies. As used in  this  subsection  (b),  "personal
care"   means  assistance  with  meals,  dressing,  movement,
bathing, or other personal needs or  maintenance  or  general
supervision   and   oversight  of  the  physical  and  mental
well-being of an individual who is incapable of maintaining a
private,  independent  residence  or  who  is  incapable   of
managing his or her person whether or not a guardian has been
appointed  for  that  individual. The definition of "personal
care" as used in this subsection (b) shall not  otherwise  be
construed  to  negate  the  requirements  of  this Act or its
rules.
    (c)  Nothing in this  Act  shall  be  deemed  to  require
licensure  of  individuals  employed  by  the motion picture,
film, television, stage play  or  related  industry  for  the
purpose  of  providing  cosmetology  or esthetics services to
actors of that industry while  engaged  in  the  practice  of
cosmetology   or   esthetics  as  a  part  of  that  person's
employment.
(Source: P.A. 89-387, eff. 1-1-96.)

    (225 ILCS 410/2A-7)
    Sec. 2A-7. Requirements for licensure as  barber  school.
A  person,  firm,  or  corporation  may  not  own, operate or
conduct a school or college of barbering for the  purpose  of
teaching   barbering   for  compensation  without  filing  an
application with the Department  on  forms  provided  by  the
Department,  paying the required fees, and complying with the
following requirements:
         1.  The applicant must submit to the Department  for
    approval:
              a.  A floor plan, drawn to a scale specified on
         the floor plan, showing every detail of the proposed
         school;
              b.  A  lease  commitment  or proof of ownership
         for the location of the  proposed  school;  a  lease
         commitment  must  provide for execution of the lease
         upon  the  Department's  approval  of  the  school's
         application and the lease must be for a period of at
         least one year; and
              c.  A written inspection  report  made  by  the
         State Fire Marshal approving the use of the proposed
         premises as a barbering school.
         2.  The  applicant must submit a certified financial
    statement prepared by a licensed public accountant who is
    not an employee  of  the  school,  indicating  sufficient
    finances to guarantee operation for one full year.
         3.  The proposed barber school or college shall have
    a  minimum  of  one  theory  or  demonstration  room, one
    workroom, and 2 toilet facilities.
         The minimum equipment in the workroom  shall  be  20
    barber  chairs,  one  cabinet  and one wet sterilizer for
    each barber chair,  four  shampoo  basins  complete  with
    shampoo  spray,  one electric vibrator for each l0 barber
    chairs,   and   one   scalp-treatment   high    frequency
    electricity apparatus for each l0 barber chairs.
         The  municipality  in  which the proposed new barber
    school is to be located shall be large enough to  support
    the  proposed  barber  school  to  the  degree  that  the
    students  who  might  be  enrolled in the proposed barber
    school would be assured of sufficient practice to  enable
    them to become competent workers.  The municipality shall
    be  deemed large enough to support a barber school if the
    number of barber chairs in the  proposed  barber  school,
    together  with  those in any other existing barber school
    in the municipality, does not exceed  the  ratio  of  one
    barber  chair for each 4000 people in the municipality as
    determined by the most recent federal  decennial  census.
    This provision does not prevent an existing barber school
    from moving to a new location within the State.
         It  shall  be  a  requirement  for  maintaining  and
    renewing  a  barber  school  license  that  the school or
    college of barbering  actually  provide  instruction  and
    teaching,  as  well as maintain the equipment required by
    this Section.  If a barber school  ceases  operation  for
    any  reason,  the  Department  shall  place  the school's
    license on inoperative status,  without  hearing,  for  a
    period  of  up  to one year from the date that the school
    ceases operation.  A barber school license on inoperative
    status may be restored by the Department upon  resumption
    of  operation in accordance with the requirements of this
    Act.  A license on inoperative status may not be renewed.
         A barber school license that remains on  inoperative
    status  for  a  period  of  one year shall automatically,
    without hearing, be cancelled.  A cancelled  license  may
    not   be   renewed  or  restored.   A  person,  firm,  or
    corporation whose license  has  been  cancelled  and  who
    wishes to own, operate, or conduct a school or college of
    barbering  for  the  purpose  of  teaching  barbering for
    compensation must apply for a new license.
         An   inoperative   license   counts   against    the
    requirement  that  the  ratio of barber chairs be no more
    than  one  barber  chair  for  each  4000  people  in   a
    municipality,  but  a  license that has been cancelled no
    longer counts against the ratio requirement.
         4.  The proposed barber school or college shall have
    a  curriculum  that  includes  each  of   the   following
    subjects:  the preparation and care of barber implements,
    the  art of haircutting, styling, shaving, beard trimming
    and shampooing, facial and scalp massaging and treatments
    either by hand or mechanical  appliances,  hair  tinting,
    coloring,   and   bleaching,   permanent  waving,  barber
    anatomy,  physiology,  bacteriology,  sanitation,  barber
    history, Illinois barber law, electricity and light rays,
    and a course dealing with the common diseases of the skin
    and  methods  to  avoid  the  aggravation  and  spreading
    thereof in the practice of barbering.
         In a l500 hour  barber  course  all  students  shall
    receive   a   minimum   of   l50   hours   of   lectures,
    demonstrations, or discussions.  The remaining l350 hours
    shall   be   devoted  to  practical  application  of  the
    student's skill in the workroom, or to additional  theory
    or other classwork, at the discretion of the instructor.
         5.  The  school  shall  comply with all rules of the
    Department  establishing  the  necessary  curriculum  and
    equipment required for the conduct of such school.
         6.  The school shall employ a sufficient  number  of
    qualified  teachers  of  barbering  who  are holders of a
    current license issued by the Department, which staff  is
    adequate  only  if the ratio of students to teachers does
    not exceed 25 students for each barber teacher.
         7.  A final inspection of the barber school shall be
    made by the Department before  the  school  may  commence
    classes.  The inspection shall include a determination of
    whether:
              a.  All  of  the requirements of paragraph 1 of
         this Section have been met.
              b.  The school is in compliance with all  rules
         of  the  Department  established  for the purpose of
         determining the necessary curriculum  and  equipment
         required for the school.
              c.  A  sufficient  number of qualified teachers
         of barbering who are  holders  of  current  licenses
         issued by the Department are employed.
    Upon   meeting   all   of  the  above  requirements,  the
Department may issue a license and the  school  may  commence
classes.
    No  barber  school  may  cease  operation  without  first
delivering  its  student records to a place of safekeeping in
accordance with Department rule.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

    (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
    Sec. 4-2. The Barber, Cosmetology,  Esthetics,  and  Nail
Technology   Committee.   There  is  established  within  the
Department  the  Barber,  Cosmetology,  Esthetics,  and  Nail
Technology Committee, composed of 11 persons designated  from
time  to  time  by the Director to advise the Director in all
matters related to the practice  of  barbering,  cosmetology,
esthetics, and nail technology.
    The  11  members  of  the Committee shall be appointed as
follows: 6  licensed  cosmetologists,  all  of  whom  hold  a
current  license  as  a  cosmetologist or cosmetology teacher
and, for appointments made after the effective date  of  this
amendatory  Act of 1996, at least 2 of whom shall be an owner
of or a major stockholder in a school of cosmetology, one  of
whom shall be a representative of a franchiser with 5 or more
locations   within   the  State,  one  of  whom  shall  be  a
representative of an owner operating  salons  in  5  or  more
locations   within  the  State,  one  of  whom  shall  be  an
independent salon owner, and  no  one  of  the  cosmetologist
members  shall be a manufacturer, jobber, or stockholder in a
factory of cosmetology articles or an immediate family member
of any of the above; 2 of whom shall  be  barbers  holding  a
current   license;   one  member  who  shall  be  a  licensed
esthetician or esthetics teacher; one member who shall  be  a
licensed  nail technician or nail technology teacher; and one
public member who holds no licenses issued by the Department.
The Director shall give due consideration for  membership  to
recommendations  by  members  of the professions and by their
professional organizations.  Members shall serve 4 year terms
and until  their  successors  are  appointed  and  qualified;
except  that  of  the  initial appointments under this Act, 4
members shall be appointed to serve for 2  years,  3  members
shall  be appointed to serve for 3 years, and the remaining 3
members shall be appointed to serve for 4 years, until  their
successors  are  appointed and qualified.  No member shall be
reappointed  to  the  Committee  for  more  than   2   terms.
Appointments  to  fill  vacancies  shall  be made in the same
manner as original appointments for the unexpired portion  of
the  vacated  term.    Initial  terms  shall  begin  upon the
effective date of this Act.   Members  of  the  Committee  in
office  on  the effective date of this amendatory Act of 1996
shall continue to serve for the  duration  of  the  terms  to
which  they  have  been  appointed,  but  beginning  on  that
effective  date  all  appointments of licensed cosmetologists
and barbers to serve as members of  the  Committee  shall  be
made  in  a  manner that will effect at the earliest possible
date the changes made by this amendatory Act of 1996  in  the
representative composition of the Committee.
    Whenever  the  Director  is  satisfied  that  substantial
justice has not been done in an examination, the Director may
order a reexamination by the same or other examiners.
(Source:  P.A.  88-362;  89-387,  eff.  1-1-96;  89-706, eff.
1-31-97.)

    Section  25.   The  Private  Detective,  Private   Alarm,
Private  Security,  and  Locksmith  Act of 1993 is amended by
changing Section 75 as follows:

    (225 ILCS 446/75)
    Sec.  75.  Qualifications  for   licensure   and   agency
certification.
    (a)  Private Detective.  A person is qualified to receive
a  license  as  a private detective if he or she meets all of
the following requirements:
         (1)  Is at least 21 years of age.
         (2)  Has not been convicted in any  jurisdiction  of
    any  felony  or  at  least 10 years have expired from the
    time of discharge from any sentence imposed for a felony.
         (3)  Is of good moral character.  Good character  is
    a  continuing  requirement  of  licensure.  Conviction of
    crimes not listed in paragraph (2) of subsection  (a)  of
    this  Section may be used in determining moral character,
    but does not operate as an absolute bar to licensure.
         (4)  Has not been declared by any court of competent
    jurisdiction to be incompetent by  reason  of  mental  or
    physical  defect  or  disease  unless  a  court has since
    declared him or her to be competent.
         (5)  Is not suffering from habitual  drunkenness  or
    from narcotic addiction or dependence.
         (6)  Has  a minimum of 3 years experience out of the
    5 years immediately  preceding  his  or  her  application
    working full-time for a licensed private detective agency
    as  a  registered  private  detective  employee or with 3
    years experience out of the 5 years immediately preceding
    his  or  her  application   employed   as   a   full-time
    investigator  in a law enforcement agency of a federal or
    State political subdivision, approved by  the  Board  and
    the  Department;  or  an  applicant  who  has  obtained a
    baccalaureate degree in police science or a related field
    or a  business  degree  from  an  accredited  college  or
    university  shall  be  given  credit for 2 of the 3 years
    experience required under this Section.  An applicant who
    has obtained an associate degree in police science  or  a
    related  field  or in business from an accredited college
    or university shall be given credit  for  one  of  the  3
    years experience required under this Section.
         (7)  Has  not  been dishonorably discharged from the
    armed services of the United States.
         (8)  Has   successfully   passed   an    examination
    authorized  by  the  Department.  The  examination  shall
    include  subjects  reasonably  related  to the activities
    licensed so as to  provide  for  the  protection  of  the
    health and safety of the public.
         (9)  Has  not violated Section 15, 20, or 25 of this
    Act, but this requirement does not operate as an absolute
    bar to licensure.
    It is the  responsibility  of  the  applicant  to  obtain
liability   insurance   in   an   amount  and  coverage  type
appropriate  as  determined  by  rule  for  the   applicant's
individual   business  circumstances.   The  applicant  shall
provide evidence of insurance to the Department before  being
issued a license.  This insurance requirement is a continuing
requirement  for  licensure.    Failure to maintain insurance
shall  result  in  cancellation  of  the   license   by   the
Department.
    (b)  Private  security contractor.  A person is qualified
to receive a license as a private security contractor  if  he
or she meets all of the following requirements:
         (1)  Is at least 21 years of age.
         (2)  Has  not  been convicted in any jurisdiction of
    any felony or at least 10 years  have  expired  from  the
    time of discharge from any sentence imposed for a felony.
         (3)  Is   of   good  moral  character.   Good  moral
    character  is  a  continuing  requirement  of  licensure.
    Convictions of crimes not  listed  in  paragraph  (2)  of
    subsection (b) of this Section may be used in determining
    moral character, but do not operate as an absolute bar to
    licensure.
         (4)  Has not been declared by any court of competent
    jurisdiction  to  be  incompetent  by reason of mental or
    physical defect or  disease  unless  a  court  has  since
    declared him or her to be competent.
         (5)  Is  not  suffering from habitual drunkenness or
    from narcotic addiction or dependence.
         (6)  Has a minimum of 3 years experience out of  the
    5 years immediately preceding his or her application as a
    full-time manager or administrator for a licensed private
    security  contractor agency or a manager or administrator
    of a proprietary security force of  30  or  more  persons
    registered   with   the   Department,  or  with  3  years
    experience out of the 5 years immediately  preceding  his
    or  her  application  as  a full-time supervisor in a law
    enforcement  agency  of  a  federal  or  State  political
    subdivision, approved by the Board and the Department; or
    an applicant who has obtained a baccalaureate  degree  in
    police  science  or  a related field or a business degree
    from an accredited college or university shall  be  given
    credit  for  2  of  the 3 years experience required under
    this Section.  An applicant who has obtained an associate
    degree in  police  science  or  a  related  field  or  in
    business  from  an accredited college or university shall
    be given  credit  for  one  of  the  3  years  experience
    required under this Section.
         (7)  Has  not  been dishonorably discharged from the
    armed services of the United States.
         (8)  Has   successfully   passed   an    examination
    authorized  by  the  Department.  The  examination  shall
    include  subjects  reasonably  related  to the activities
    licensed so as to  provide  for  the  protection  of  the
    health and safety of the public.
         (9)  Has  not violated Section 15, 20, or 25 of this
    Act, but this requirement does not operate as an absolute
    bar to licensure.
         (10)  It is the responsibility of the  applicant  to
    obtain  liability  insurance  in amount and coverage type
    appropriate as determined by  rule  for  the  applicant's
    individual  business  circumstances.  The applicant shall
    provide evidence of insurance to  the  Department  before
    being  issued a license.  This insurance requirement is a
    continuing  requirement  for   licensure.    Failure   to
    maintain  insurance  shall  result in cancellation of the
    license by the Department.
    (c)  Private alarm contractor.  A person is qualified  to
receive  a license as a private alarm contractor if he or she
meets all of the following requirements:
         (1)  Is at least 21 years of age.
         (2)  Has not been convicted in any  jurisdiction  of
    any  felony  or  at  least 10 years have expired from the
    time of discharge from any sentence imposed for a felony.
         (3)  Is  of  good  moral  character.    Good   moral
    character  is  a  continuing  requirement  of  licensure.
    Convictions  of  crimes  not  listed  in paragraph (2) of
    subsection (c) of this Section may be used in determining
    moral character, but do not operate as an absolute bar to
    licensure.
         (4)  Has not been declared by any court of competent
    jurisdiction to be incompetent by  reason  of  mental  or
    physical  defect  or  disease  unless  a  court has since
    declared him or her to be competent.
         (5)  Is not suffering from habitual  drunkenness  or
    from narcotic addiction or dependence.
         (6)  Has  not  been dishonorably discharged from the
    armed services of the United States.
         (7)  Has a minimum of 3 years experience out of  the
    5  years immediately preceding application as a full time
    manager or administrator for  an  agency  licensed  as  a
    private  alarm  contractor  agency, or for an entity that
    designs, sells, installs,  services,  or  monitors  alarm
    systems  which  in  the  judgment  of the Board satisfies
    standards of alarm industry competence. An individual who
    has received a 4 year degree in electrical engineering or
    a related field from a  program  approved  by  the  Board
    shall  be  given  credit  for 2 years of experience under
    this  item  (7).   An  individual  who  has  successfully
    completed a national certification  program  approved  by
    the   Board  shall  be  given  credit  for  one  year  of
    experience under this item (7).
         (8)  Has   successfully   passed   an    examination
    authorized  by  the  Department.    The examination shall
    include subjects reasonably  related  to  the  activities
    licensed  so  as  to  provide  for  the protection of the
    health and safety of the public.
         (9)  Has not violated Section 15, 20, or 25 of  this
    Act, but this requirement does not operate as an absolute
    bar to licensure.
         (10)  It  is  the responsibility of the applicant to
    obtain liability insurance in an amount and coverage type
    appropriate as determined by  rule  for  the  applicant's
    individual  business  circumstances.  The applicant shall
    provide evidence of insurance to  the  Department  before
    being  issued a license.  This insurance requirement is a
    continuing  requirement  for  licensure.     Failure   to
    maintain  insurance  shall  result in cancellation of the
    license by the Department.
    (d)  Locksmith.  A  person  is  qualified  to  receive  a
license  as  a  locksmith  if  he  or  she  meets  all of the
following requirements:
         (1)  Is at least 18 years of age.
         (2)  Has not violated any provisions of Section  120
    of this Act.
         (3)  Has  not  been convicted in any jurisdiction of
    any felony or at least 10 years  have  expired  from  the
    time of discharge from any sentence imposed for a felony.
         (4)  Is   of   good  moral  character.   Good  moral
    character  is  a  continuing  requirement  of  licensure.
    Convictions of crimes not  listed  in  paragraph  (3)  of
    subsection (d) of this Section may be used in determining
    moral character, but do not operate as an absolute bar to
    licensure.
         (5)  Has not been declared by any court of competent
    jurisdiction  to  be  incompetent  by reason of mental or
    physical defect or  disease  unless  a  court  has  since
    declared him or her to be competent.
         (6)  Is  not  suffering from habitual drunkenness or
    from narcotic addiction or dependence.
         (7)  Has not been dishonorably discharged  from  the
    armed services of the United States.
         (8)  Has  passed  an  examination  authorized by the
    Department in the theory and practice of the profession.
         (9)  Has  submitted  to  the  Department  proof   of
    insurance   sufficient   for  the  individual's  business
    circumstances.   The  Department,  with  input  from  the
    Board,  shall   promulgate   rules   specifying   minimum
    insurance  requirements.  This insurance requirement is a
    continuing  requirement  for   licensure.    Failure   to
    maintain  insurance  shall  result in the cancellation of
    the license by the Department.  A locksmith employed by a
    licensed  locksmith  agency  or  employed  by  a  private
    concern may provide proof that his or her  actions  as  a
    locksmith  are  covered  by  the  insurance of his or her
    employer.
    (e)  Private  detective  agency.   Upon  payment  of  the
required fee and proof that the  applicant  has  a  full-time
Illinois  licensed  private  detective  in charge, which is a
continuing  requirement   for   agency   certification,   the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
         (1)  An  individual  who  submits  an application in
    writing and who is a  licensed  private  detective  under
    this Act.
         (2)  A   firm   or   association   that  submits  an
    application in writing and all of the members of the firm
    or association are licensed private detectives under this
    Act.
         (3)  A duly incorporated or  registered  corporation
    allowed  to do business in Illinois that is authorized by
    its articles of incorporation to engage in  the  business
    of  conducting  a detective agency, provided at least one
    officer or executive employee is licensed  as  a  private
    detective  under this Act and all unlicensed officers and
    directors  of  the  corporation  are  determined  by  the
    Department to be persons of good moral character.
    No private detective may  be  the  private  detective  in
charge for more than one agency except for an individual who,
on  the effective date of this Act, is currently and actively
a licensee for more than one agency.  Upon written request by
a representative of an agency within 10 days after  the  loss
of  a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the  continuing  operation  of  a
previously  licensed  agency.   No  temporary permit shall be
valid for more than 90 days.  An extension of  an  additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency.  No
more  than  2  extensions  may  be granted to any agency.  No
temporary  permit  shall  be  issued  for  the  loss  of  the
detective in charge because of  disciplinary  action  by  the
Department.
    (f)  Private  alarm  contractor  agency.  Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in  charge,  which
is  a  continuing  requirement  for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
         (1)  An individual who  submits  an  application  in
    writing  and  who  is a licensed private alarm contractor
    under this Act.
         (2)  A  firm  or   association   that   submits   an
    application  in  writing  that  all of the members of the
    firm  or   association   are   licensed   private   alarm
    contractors under this Act.
         (3)  A  duly  incorporated or registered corporation
    allowed to do business in Illinois that is authorized  by
    its  articles  of incorporation to engage in the business
    of conducting a private alarm contractor agency, provided
    at least one officer or executive employee is licensed as
    a  private  alarm  contractor  under  this  Act  and  all
    unlicensed officers and directors of the corporation  are
    determined  by the Department to be persons of good moral
    character.
    No private alarm contractor  may  be  the  private  alarm
contractor  in charge for more than one agency except for any
individual who,  on  the  effective  date  of  this  Act,  is
currently  and  actively a licensee for more than one agency.
Upon written request by a representative of an agency  within
10 days after the loss of a licensed private alarm contractor
in  charge  of  an  agency  because  of  the  death  of  that
individual or because of the unanticipated termination of the
employment  of  that individual, the Department shall issue a
temporary permit  allowing  the  continuing  operation  of  a
previously  licensed  agency.   No  temporary permit shall be
valid for more than 90 days.  An extension of  an  additional
90 days may be granted by the Department for good cause shown
and upon written request by the representative of the agency.
No  more  than 2 extensions may be granted to any agency.  No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
    (g)  Private security contractor agency.  Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed  private  security  contractor  in  charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
         (1)  An  individual  who  submits  an application in
    writing and who is a licensed private security contractor
    under this Act.
         (2)  A  firm  or   association   that   submits   an
    application  in  writing  that  all  of  the  members are
    licensed private security contractors under this Act.
         (3)  A duly incorporated or  registered  corporation
    allowed  to do business in Illinois that is authorized by
    its articles of incorporation to engage in  the  business
    of  conducting  a  private  security  contractor  agency,
    provided  at  least  one officer or executive employee is
    licensed as a private security contractor under this  Act
    and   all   unlicensed  officers  and  directors  of  the
    corporation  are  determined  by  the  Department  to  be
    persons of good moral character.
    No  private  security  contractor  may  be  the   private
security contractor in charge for more than one agency except
for any individual who, on the effective date of this Act, is
currently  and  actively a licensee for more than one agency.
Upon written request by a representative of the agency within
10 days after the loss of a licensee in charge of  an  agency
because  of  the  death  of that individual or because of the
unanticipated  termination  of   the   employment   of   that
individual,  the  Department  shall  issue a temporary permit
allowing the continuing operation of  a  previously  licensed
agency.   No temporary permit shall be valid for more than 90
days.  An extension of an additional 90 days may  be  granted
upon written request by the representative of the agency.  No
more  than  2  extensions  may  be granted to any agency.  No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
    (h)  Licensed locksmith  agency.   Upon  receipt  of  the
required  fee  and  proof  that  the applicant is an Illinois
licensed locksmith who shall assume full  responsibility  for
the  operation  of the agency and the directed actions of the
agency's employees, which is  a  continuing  requirement  for
agency   licensure,   the  Department  shall  issue,  without
examination, a certificate as a Locksmith Agency  to  any  of
the following:
         (1)  An  individual  who  submits  an application in
    writing and who is a licensed locksmith under this Act.
         (2)  A  firm  or   association   that   submits   an
    application  in  writing  and  certifies  that all of the
    members  of  the  firm  or   association   are   licensed
    locksmiths under this Act.
         (3)  A  duly  incorporated or registered corporation
    or limited liability company allowed to  do  business  in
    Illinois   that   is   authorized   by  its  articles  of
    incorporation or organization to engage in  the  business
    of  conducting a locksmith agency, provided that at least
    one officer or executive employee of a corporation or one
    member of a limited liability company is  licensed  as  a
    locksmith under this Act, and provided that person agrees
    in  writing  on  a  form  acceptable to the Department to
    assume full  responsibility  for  the  operation  of  the
    agency   and   the   directed  actions  of  the  agency's
    employees,  and  further  provided  that  all  unlicensed
    officers and directors of the corporation or  members  of
    the  limited  liability  company  are  determined  by the
    Department to be persons of good moral character.
    An  individual  licensed  locksmith  operating  under   a
business  name  other  than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
    An applicant for licensure as a  locksmith  agency  shall
submit  to  the  Department proof of insurance sufficient for
the agency's business circumstances.   The  Department  shall
promulgate  rules  specifying minimum insurance requirements.
This insurance requirement is a  continuing  requirement  for
licensure.
    No  licensed  locksmith  may  be  the  licensed locksmith
responsible for the operation of more than one agency  except
for  any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995,  he  or
she  is  actively responsible for the operations of more than
one agency.  A  licensed  private  alarm  contractor  who  is
responsible  for  the  operation  of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for  the  operation  of  a
locksmith agency.
    Upon  written  request  by  a representative of an agency
within 10 days after  the  loss  of  a  responsible  licensed
locksmith  of  an  agency,  because  of  the  death  of  that
individual or because of the unanticipated termination of the
employment  of  that individual, the Department shall issue a
temporary permit  allowing  the  continuing  operation  of  a
previously  licensed  locksmith  agency.  No temporary permit
shall be valid for more than 90 days.  An  extension  for  an
additional  90 days may be granted by the Department for good
cause shown and upon written request by a  representative  of
the  agency.  No more than 2 extensions may be granted to any
agency.  No temporary permit shall be issued  to  any  agency
due  to  the  loss  of  the  responsible locksmith because of
disciplinary action by the Department.
    (i)  Proprietary  Security  Force.   All  commercial   or
industrial  operations that employ 5 or more persons as armed
security guards and all financial  institutions  that  employ
armed  security  guards  shall register their security forces
with the Department on forms provided by the Department.
    All armed security  guard  employees  of  the  registered
proprietary  security  force  shall be required to complete a
20-hour basic training course and  20-hour  firearm  training
course in accordance with administrative rules.
    Each  proprietary  security  force  shall  be required to
apply to the Department, on forms supplied by the Department,
for  the  issuance  of  a  firearm  authorization  card,   in
accordance with administrative rules, for each armed employee
of the security force.
    The    Department   shall   prescribe   rules   for   the
administration of this Section.
    (j) (i)  Any  licensed  agency  that  operates  a  branch
office as defined in this Act shall apply for a branch office
license.
(Source:  P.A.  89-85,  eff.  1-1-96;  89-366,  eff.  1-1-96;
89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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