Bill Amendment: IL HB4264 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COSMETOLOGY-DOMESTIC VIOLENCE

Status: 2016-08-12 - Public Act . . . . . . . . . 99-0766 [HB4264 Detail]

Download: Illinois-2015-HB4264-Senate_Amendment_002.html

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Sen. Bill Cunningham

Filed: 5/20/2016

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AMENDMENT TO HOUSE BILL 4264
AMENDMENT NO. ______. Amend House Bill 4264 by replacing
everything after the enacting clause with the following:
"Section 5. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by adding
Section 1-13 and by changing Sections 3-7, 3A-6, 3C-8, and 3E-5
as follows:
(225 ILCS 410/1-13 new)
Sec. 1-13. Liability; domestic violence and sexual
assault. A person licensed under this Act who completes
domestic violence and sexual assault awareness education as a
part of his or her continuing education, or his or her
employer, shall not be civilly or criminally liable for acting
in good faith or failing to act on information obtained during
the course of employment concerning potential domestic
violence or sexual assault.

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(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3-7. Licensure; renewal; continuing education. The
holder of a license issued under this Article III may renew
that license during the month preceding the expiration date
thereof by paying the required fee, giving such evidence as the
Department may prescribe of completing not less than 14 hours
of continuing education for a cosmetologist, and 24 hours of
continuing education for a cosmetology teacher or cosmetology
clinic teacher, within the 2 years prior to renewal. The
training shall be in subjects approved by the Department as
prescribed by rule upon recommendation of the Board and may
include online instruction.
For the initial renewal of a cosmetologist's license which
requires continuing education, as prescribed by rule, one hour
of the continuing education shall include domestic violence and
sexual assault awareness education as prescribed by rule of the
Department. For every subsequent renewal of a cosmetologist's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education as
prescribed by rule of the Department. The one-hour domestic
violence and sexual assault awareness continuing education
course shall be provided by a continuing education provider
approved by the Department, except that completion from March
12, 2016 to March 15, 2016 of a one-hour domestic violence and

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sexual assault awareness course from a domestic violence and
sexual assault awareness organization shall satisfy this
requirement.
The Department may prescribe rules regarding the
requirements for domestic violence and sexual assault
awareness continuing education courses and teachers.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants, by
requiring the filing of continuing education certificates with
the Department, or by other means established by the
Department.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section,
including the domestic violence and sexual assault awareness
education requirement, and shall adopt rules defining the
standards and criteria for that waiver under the following
circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(b) that to comply with the continuing education
requirements would cause a substantial financial hardship
on the licensee;

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(c) that the licensee is serving in the United States
Armed Forces; or
(d) that the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3A-6. Licensure; renewal; continuing education;
examination; military service. The holder of a license issued
under this Article may renew such license during the month
preceding the expiration date thereof by paying the required
fee, giving evidence the Department may prescribe of completing
not less than 10 hours for estheticians, and not less than 20
hours of continuing education for esthetics teachers, within
the 2 years prior to renewal. The training shall be in
subjects, approved by the Department as prescribed by rule upon
recommendation of the Board.
For the initial renewal of an esthetician's license which
requires continuing education, as prescribed by rule, one hour
of the continuing education shall include domestic violence and
sexual assault awareness education as prescribed by rule of the
Department. For every subsequent renewal of an esthetician's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education as
prescribed by rule of the Department. The one-hour domestic
violence and sexual assault awareness continuing education

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course shall be provided by a continuing education provider
approved by the Department, except that completion from March
12, 2016 to March 15, 2016 of a one-hour domestic violence and
sexual assault awareness course from a domestic violence and
sexual assault awareness organization shall satisfy this
requirement.
The Department may prescribe rules regarding the
requirements for domestic violence and sexual assault
awareness continuing education courses and teachers.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section,
including the domestic violence and sexual assault awareness
education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following
circumstances:
(1) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(2) the licensee's compliance with the continuing
education requirements would cause a substantial financial
hardship on the licensee;
(3) the licensee is serving in the United States Armed
Forces; or
(4) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)

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(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3C-8. License renewal; expiration; continuing
education; persons in military service. The holder of a license
issued under this Article may renew that license during the
month preceding the expiration date of the license by paying
the required fee and giving evidence, as the Department may
prescribe, of completing not less than 10 hours of continuing
education for a nail technician and 20 hours of continuing
education for a nail technology teacher, within the 2 years
prior to renewal. The continuing education shall be in subjects
approved by the Department upon recommendation of the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail Technology
Board relating to the practice of nail technology, including,
but not limited to, review of sanitary procedures, review of
chemical service procedures, review of this Act, and review of
the Workers' Compensation Act. However, at least 10 of the
hours of continuing education required for a nail technology
teacher shall be in subjects relating to teaching methodology,
educational psychology, and classroom management or in other
subjects related to teaching.
For the initial renewal of a nail technician's license
which requires continuing education, as prescribed by rule, one
hour of the continuing education shall include domestic
violence and sexual assault awareness education as prescribed

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by rule of the Department. For every subsequent renewal of a
nail technician's license, one hour of the continuing education
may include domestic violence and sexual assault awareness
education as prescribed by rule of the Department. The one-hour
domestic violence and sexual assault awareness continuing
education course shall be provided by a continuing education
provider approved by the Department, except that completion
from March 12, 2016 to March 15, 2016 of a one-hour domestic
violence and sexual assault awareness course from a domestic
violence and sexual assault awareness organization shall
satisfy this requirement.
The Department may prescribe rules regarding the
requirements for domestic violence and sexual assault
awareness continuing education courses and teachers.
The Department, in its discretion, may waive enforcement of
the continuing education requirement in this Section,
including the domestic violence and sexual assault awareness
education requirement, and shall adopt rules defining the
standards and criteria for such waiver, under the following
circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the licensee
to provide service to the public;
(b) the licensee's compliance with the continuing
education requirements would cause a substantial financial

09900HB4264sam002 - 8 - LRB099 13320 SMS 48993 a
hardship on the licensee;
(c) the licensee is serving in the United States Armed
Forces; or
(d) the licensee is incapacitated due to illness.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
(225 ILCS 410/3E-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3E-5. License renewal. To renew a license issued under
this Article, an individual must produce proof of successful
completion of 10 hours of continuing education for a hair
braider license and 20 hours of continuing education for a hair
braiding teacher license.
For the initial renewal of a hair braider's license which
requires continuing education, as prescribed by rule, one hour
of the continuing education shall include domestic violence and
sexual assault awareness education as prescribed by rule of the
Department. For every subsequent renewal of a hair braider's
license, one hour of the continuing education may include
domestic violence and sexual assault awareness education as
prescribed by rule of the Department. The one-hour domestic
violence and sexual assault awareness continuing education
course shall be provided by a continuing education provider
approved by the Department, except that completion from March
12, 2016 to March 15, 2016 of a one-hour domestic violence and
sexual assault awareness course from a domestic violence and

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sexual assault awareness organization shall satisfy this
requirement.
The Department may prescribe rules regarding the
requirements for domestic violence and sexual assault
awareness continuing education courses and teachers.
(Source: P.A. 99-427, eff. 8-21-15.)".