Bill Text: IL HB3040 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Amends various Acts. Provides that a service member or veteran satisfies professional licensure qualifications if he or she provides the licensing Department with documentation that he or she has had substantially equivalent training or experience from his or her military service. Provides definitions of "service member", "military service", and "veteran". Effective immediately.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3040 Detail]

Download: Illinois-2013-HB3040-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3040

Introduced , by Rep. Stephanie A Kifowit

SYNOPSIS AS INTRODUCED:
See Index

Amends various Acts. Provides that a service member or veteran satisfies professional licensure qualifications if he or she provides the licensing Department with documentation that he or she has had substantially equivalent training or experience from his or her military service. Provides definitions of "service member", "military service", and "veteran". Effective immediately.
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A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Athletic Trainers Practice Act is
5amended by changing Section 9 as follows:
6 (225 ILCS 5/9) (from Ch. 111, par. 7609)
7 (Section scheduled to be repealed on January 1, 2016)
8 Sec. 9. Educational and Professional Requirements. A
9person having the qualifications prescribed in this Section
10shall be qualified to receive a license as an athletic trainer
11if he or she:
12 (a) Has graduated from a curriculum in athletic
13 training accredited by the Joint Review Committee on
14 Athletic Training (JRC-AT) of the Commission on
15 Accreditation of Allied Health Education Programs
16 (CAAHEP), its successor entity, or its equivalent, as
17 approved by the Department.
18 (b) Gives proof of current certification, on the date
19 of application, in CPR/AED for the Healthcare Professional
20 or its equivalent based on American Red Cross or American
21 Heart Association standards and graduation from a 4 year
22 accredited college or university.
23 (c) Has passed an examination approved by the

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1 Department to determine his or her fitness for practice as
2 an athletic trainer, or is entitled to be licensed without
3 examination as provided in Sections 7 and 8 of this Act.
4 A service member or veteran is qualified under this Section
5if he or she provides the Department with documentation that he
6or she has had substantially equivalent training or experience
7from his or her military service and successfully completes all
8necessary examinations. For the purpose of this Section,
9"service member" and "military service" have the same meaning
10as in Section 5.2 of the Service Member's Employment Tenure
11Act. For the purposes of this Section, "veteran" means any
12person who has formerly served in any component of the U.S.
13Armed Forces or the National Guard of any state, the District
14of Columbia, a commonwealth, or a territory of the United
15States.
16 The Department may request a personal interview of an
17applicant before the Board to further evaluate his or her
18qualifications for a license.
19 An applicant has 3 years from the date of his or her
20application to complete the application process. If the process
21has not been completed in 3 years, the application shall be
22denied, the fee forfeited, and the applicant must reapply and
23meet the requirements in effect at the time of reapplication.
24(Source: P.A. 94-246, eff. 1-1-06.)
25 Section 10. The Illinois Dental Practice Act is amended by

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1changing Section 9 as follows:
2 (225 ILCS 25/9) (from Ch. 111, par. 2309)
3 (Section scheduled to be repealed on January 1, 2016)
4 Sec. 9. Qualifications of Applicants for Dental Licenses.
5The Department shall require that each applicant for a license
6to practice dentistry shall:
7 (a) (Blank).
8 (b) Be at least 21 years of age and of good moral
9 character.
10 (c) (1) Present satisfactory evidence of completion of
11 dental education by graduation from a dental college or
12 school in the United States or Canada approved by the
13 Department. The Department shall not approve any dental
14 college or school which does not require at least (A) 60
15 semester hours of collegiate credit or the equivalent in
16 acceptable subjects from a college or university before
17 admission, and (B) completion of at least 4 academic years
18 of instruction or the equivalent in an approved dental
19 college or school that is accredited by the Commission on
20 Dental Accreditation of the American Dental Association;
21 or
22 (2) Present satisfactory evidence of completion of
23 dental education by graduation from a dental college or
24 school outside the United States or Canada and provide
25 satisfactory evidence that:

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1 (A) (blank);
2 (B) the applicant has completed a minimum of 2
3 academic years of general dental clinical training at a
4 dental college or school in the United States or Canada
5 approved by the Department, however, an accredited
6 advanced dental education program approved by the
7 Department of no less than 2 years may be substituted
8 for the 2 academic years of general dental clinical
9 training and an applicant who was enrolled for not less
10 than one year in an approved clinical program prior to
11 January 1, 1993 at an Illinois dental college or school
12 shall be required to complete only that program; and
13 (C) the applicant has received certification from
14 the dean of an approved dental college or school in the
15 United States or Canada or the program director of an
16 approved advanced dental education program stating
17 that the applicant has achieved the same level of
18 scientific knowledge and clinical competence as
19 required of all graduates of the college, school, or
20 advanced dental education program.
21 Nothing in this Act shall be construed to prevent
22 either the Department or any dental college or school from
23 establishing higher standards than specified in this Act.
24 (d) (Blank).
25 (e) Present satisfactory evidence that the applicant
26 has passed both parts of the National Board Dental

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1 Examination administered by the Joint Commission on
2 National Dental Examinations and has successfully
3 completed an examination conducted by one of the following
4 regional testing services: the Central Regional Dental
5 Testing Service, Inc. (CRDTS), the Southern Regional
6 Testing Agency, Inc. (SRTA), the Western Regional
7 Examining Board (WREB), the North East Regional Board
8 (NERB), or the Council of Interstate Testing Agencies
9 (CITA). For purposes of this Section, successful
10 completion shall mean that the applicant has achieved a
11 minimum passing score as determined by the applicable
12 regional testing service. The Secretary may suspend a
13 regional testing service under this subsection (e) if,
14 after proper notice and hearing, it is established that (i)
15 the integrity of the examination has been breached so as to
16 make future test results unreliable or (ii) the test is
17 fundamentally deficient in testing clinical competency.
18 A service member or veteran is qualified under this Section
19if he or she provides the Department with documentation that he
20or she has had substantially equivalent training or experience
21from his or her military service. For the purpose of this
22Section, "service member" and "military service" have the same
23meaning as in Section 5.2 of the Service Member's Employment
24Tenure Act. For the purposes of this Section, "veteran" means
25any person who has formerly served in any component of the U.S.
26Armed Forces or the National Guard of any state, the District

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1of Columbia, a commonwealth, or a territory of the United
2States.
3 In determining professional capacity under this Section,
4any individual who has not been actively engaged in the
5practice of dentistry, has not been a dental student, or has
6not been engaged in a formal program of dental education during
7the 5 years immediately preceding the filing of an application
8may be required to complete such additional testing, training,
9or remedial education as the Board may deem necessary in order
10to establish the applicant's present capacity to practice
11dentistry with reasonable judgment, skill, and safety.
12(Source: P.A. 96-14, eff. 6-19-09; 96-1000, eff. 7-2-10;
1396-1222, eff. 7-23-10; 97-526, eff. 1-1-12; 97-1013, eff.
148-17-12.)
15 Section 15. The Industrial Hygienists Licensure Act is
16amended by changing Section 25 as follows:
17 (225 ILCS 52/25)
18 Sec. 25. Qualifications for license as a licensed
19industrial hygienist. A person shall be qualified to be
20licensed as a licensed industrial hygienist and the Agency
21shall issue a license authorizing the profession of industrial
22hygiene to an applicant who meets all of the following:
23 (1) Has applied in writing on the prescribed form.
24 (2) Is of good moral character. Any felony conviction

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1 of the applicant shall be considered in a determination of
2 moral character, but such a conviction shall not operate as
3 a bar to registration for examinations.
4 (3) Demonstrates to the satisfaction of the Agency that
5 the candidate:
6 (a) has a bachelor's degree in the physical or
7 biological sciences or industrial hygiene from an
8 undergraduate program approved by the Agency and has
9 completed at least 5 years of professional experience
10 as established by rule; or
11 (b) has a master's degree in industrial hygiene
12 from a graduate program approved by the Agency and has
13 successfully completed at least 4 years of
14 professional experience as established by rule; or
15 (c) has a doctorate degree in industrial hygiene
16 from a graduate program approved by the Agency and has
17 successfully completed at least 3 years of
18 professional experience as established by rule.
19 (4) Has passed the examination authorized by the Agency
20 for the practice of industrial hygiene as a licensed
21 industrial hygienist. The Agency may recognize a certified
22 industrial hygienist certificate granted by the American
23 Board of Industrial Hygiene in lieu of the examination.
24 (5) Has paid the required fees.
25 (6) Has met the requirements under Section 50.
26 A service member or veteran is qualified under paragraph

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1(3) of this Section if he or she provides the Department with
2documentation that he or she has had substantially equivalent
3training or experience from his or her military service. For
4the purpose of this Section, "service member" and "military
5service" have the same meaning as in Section 5.2 of the Service
6Member's Employment Tenure Act. For the purposes of this
7Section, "veteran" means any person who has formerly served in
8any component of the U.S. Armed Forces or the National Guard of
9any state, the District of Columbia, a commonwealth, or a
10territory of the United States.
11(Source: P.A. 88-414.)
12 Section 20. The Medical Practice Act of 1987 is amended by
13changing Section 11 as follows:
14 (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
15 (Section scheduled to be repealed on December 31, 2013)
16 Sec. 11. Minimum education standards. The minimum
17standards of professional education to be enforced by the
18Department in conducting examinations and issuing licenses
19shall be as follows:
20 (A) Practice of medicine. For the practice of medicine
21 in all of its branches:
22 (1) For applications for licensure under
23 subsection (D) of Section 19 of this Act:
24 (a) that the applicant is a graduate of a

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1 medical or osteopathic college in the United
2 States, its territories or Canada, that the
3 applicant has completed a 2 year course of
4 instruction in a college of liberal arts, or its
5 equivalent, and a course of instruction in a
6 medical or osteopathic college approved by the
7 Department or by a private, not for profit
8 accrediting body approved by the Department, and
9 in addition thereto, a course of postgraduate
10 clinical training of not less than 12 months as
11 approved by the Department; or
12 (b) that the applicant is a graduate of a
13 medical or osteopathic college located outside the
14 United States, its territories or Canada, and that
15 the degree conferred is officially recognized by
16 the country for the purposes of licensure, that the
17 applicant has completed a 2 year course of
18 instruction in a college of liberal arts or its
19 equivalent, and a course of instruction in a
20 medical or osteopathic college approved by the
21 Department, which course shall have been not less
22 than 132 weeks in duration and shall have been
23 completed within a period of not less than 35
24 months, and, in addition thereto, has completed a
25 course of postgraduate clinical training of not
26 less than 12 months, as approved by the Department,

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1 and has complied with any other standards
2 established by rule.
3 For the purposes of this subparagraph (b) an
4 applicant is considered to be a graduate of a
5 medical college if the degree which is conferred is
6 officially recognized by that country for the
7 purposes of receiving a license to practice
8 medicine in all of its branches or a document is
9 granted by the medical college which certifies the
10 completion of all formal training requirements
11 including any internship and social service; or
12 (c) that the applicant has studied medicine at
13 a medical or osteopathic college located outside
14 the United States, its territories, or Canada,
15 that the applicant has completed a 2 year course of
16 instruction in a college of liberal arts or its
17 equivalent and all of the formal requirements of a
18 foreign medical school except internship and
19 social service, which course shall have been not
20 less than 132 weeks in duration and shall have been
21 completed within a period of not less than 35
22 months; that the applicant has submitted an
23 application to a medical college accredited by the
24 Liaison Committee on Medical Education and
25 submitted to such evaluation procedures, including
26 use of nationally recognized medical student tests

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1 or tests devised by the individual medical
2 college, and that the applicant has satisfactorily
3 completed one academic year of supervised clinical
4 training under the direction of such medical
5 college; and, in addition thereto has completed a
6 course of postgraduate clinical training of not
7 less than 12 months, as approved by the Department,
8 and has complied with any other standards
9 established by rule.
10 (d) Any clinical clerkships must have been
11 completed in compliance with Section 10.3 of the
12 Hospital Licensing Act, as amended.
13 (2) Effective January 1, 1988, for applications
14 for licensure made subsequent to January 1, 1988, under
15 Sections 9 or 17 of this Act by individuals not
16 described in paragraph (3) of subsection (A) of Section
17 11 who graduated after December 31, 1984:
18 (a) that the applicant: (i) graduated from a
19 medical or osteopathic college officially
20 recognized by the jurisdiction in which it is
21 located for the purpose of receiving a license to
22 practice medicine in all of its branches, and the
23 applicant has completed, as defined by the
24 Department, a 6 year postsecondary course of study
25 comprising at least 2 academic years of study in
26 the basic medical sciences; and 2 academic years of

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1 study in the clinical sciences, while enrolled in
2 the medical college which conferred the degree,
3 the core rotations of which must have been
4 completed in clinical teaching facilities owned,
5 operated or formally affiliated with the medical
6 college which conferred the degree, or under
7 contract in teaching facilities owned, operated or
8 affiliated with another medical college which is
9 officially recognized by the jurisdiction in which
10 the medical school which conferred the degree is
11 located; or (ii) graduated from a medical or
12 osteopathic college accredited by the Liaison
13 Committee on Medical Education, the Committee on
14 Accreditation of Canadian Medical Schools in
15 conjunction with the Liaison Committee on Medical
16 Education, or the Bureau of Professional Education
17 of the American Osteopathic Association; and,
18 (iii) in addition thereto, has completed 24 months
19 of postgraduate clinical training, as approved by
20 the Department; or
21 (b) that the applicant has studied medicine at
22 a medical or osteopathic college located outside
23 the United States, its territories, or Canada,
24 that the applicant, in addition to satisfying the
25 requirements of subparagraph (a), except for the
26 awarding of a degree, has completed all of the

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1 formal requirements of a foreign medical school
2 except internship and social service and has
3 submitted an application to a medical college
4 accredited by the Liaison Committee on Medical
5 Education and submitted to such evaluation
6 procedures, including use of nationally recognized
7 medical student tests or tests devised by the
8 individual medical college, and that the applicant
9 has satisfactorily completed one academic year of
10 supervised clinical training under the direction
11 of such medical college; and, in addition thereto,
12 has completed 24 months of postgraduate clinical
13 training, as approved by the Department, and has
14 complied with any other standards established by
15 rule.
16 (3) (Blank).
17 (4) Any person granted a temporary license
18 pursuant to Section 17 of this Act who shall
19 satisfactorily complete a course of postgraduate
20 clinical training and meet all of the requirements for
21 licensure shall be granted a permanent license
22 pursuant to Section 9.
23 (5) Notwithstanding any other provision of this
24 Section an individual holding a temporary license
25 under Section 17 of this Act shall be required to
26 satisfy the undergraduate medical and post-graduate

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1 clinical training educational requirements in effect
2 on the date of their application for a temporary
3 license, provided they apply for a license under
4 Section 9 of this Act and satisfy all other
5 requirements of this Section while their temporary
6 license is in effect.
7 (B) Treating human ailments without drugs and without
8 operative surgery. For the practice of treating human
9 ailments without the use of drugs and without operative
10 surgery:
11 (1) For an applicant who was a resident student and
12 who is a graduate after July 1, 1926, of a chiropractic
13 college or institution, that such school, college or
14 institution, at the time of the applicant's graduation
15 required as a prerequisite to admission thereto a 4
16 year course of instruction in a high school, and, as a
17 prerequisite to graduation therefrom, a course of
18 instruction in the treatment of human ailments, of not
19 less than 132 weeks in duration and which shall have
20 been completed within a period of not less than 35
21 months except that as to students matriculating or
22 entering upon a course of chiropractic study during the
23 years 1940, 1941, 1942, 1943, 1944, 1945, 1946, and
24 1947, such elapsed time shall be not less than 32
25 months, such high school and such school, college or
26 institution having been reputable and in good standing

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1 in the judgment of the Department.
2 (2) For an applicant who is a matriculant in a
3 chiropractic college after September 1, 1969, that
4 such applicant shall be required to complete a 2 year
5 course of instruction in a liberal arts college or its
6 equivalent and a course of instruction in a
7 chiropractic college in the treatment of human
8 ailments, such course, as a prerequisite to graduation
9 therefrom, having been not less than 132 weeks in
10 duration and shall have been completed within a period
11 of not less than 35 months, such college of liberal
12 arts and chiropractic college having been reputable
13 and in good standing in the judgment of the Department.
14 (3) For an applicant who is a graduate of a United
15 States chiropractic college after August 19, 1981, the
16 college of the applicant must be fully accredited by
17 the Commission on Accreditation of the Council on
18 Chiropractic Education or its successor at the time of
19 graduation. Such graduates shall be considered to have
20 met the minimum requirements which shall be in addition
21 to those requirements set forth in the rules and
22 regulations promulgated by the Department.
23 (4) For an applicant who is a graduate of a
24 chiropractic college in another country; that such
25 chiropractic college be equivalent to the standards of
26 education as set forth for chiropractic colleges

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1 located in the United States.
2 A service member or veteran is qualified under this Section
3if he or she provides the Department with documentation that he
4or she has had substantially equivalent training or experience
5from his or her military service and successfully completes all
6necessary examinations. For the purpose of this Section,
7"service member" and "military service" have the same meaning
8as in Section 5.2 of the Service Member's Employment Tenure
9Act. For the purposes of this Section, "veteran" means any
10person who has formerly served in any component of the U.S.
11Armed Forces or the National Guard of any state, the District
12of Columbia, a commonwealth, or a territory of the United
13States.
14(Source: P.A. 97-622, eff. 11-23-11.)
15 Section 25. The Nurse Practice Act is amended by changing
16Section 55-10 as follows:
17 (225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 55-10. Qualifications for LPN licensure.
20 (a) Each applicant who successfully meets the requirements
21of this Section shall be entitled to licensure as a Licensed
22Practical Nurse.
23 (b) An applicant for licensure by examination to practice
24as a practical nurse must do each of the following:

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1 (1) Submit a completed written application, on forms
2 provided by the Department and fees as established by the
3 Department.
4 (2) Have graduated from a practical nursing education
5 program approved by the Department or have been granted a
6 certificate of completion of pre-licensure requirements
7 from another United States jurisdiction.
8 (3) Successfully complete a licensure examination
9 approved by the Department.
10 (4) Have not violated the provisions of this Act
11 concerning the grounds for disciplinary action. The
12 Department may take into consideration any felony
13 conviction of the applicant, but such a conviction shall
14 not operate as an absolute bar to licensure.
15 (5) Submit to the criminal history records check
16 required under Section 50-35 of this Act.
17 (6) Submit either to the Department or its designated
18 testing service, a fee covering the cost of providing the
19 examination. Failure to appear for the examination on the
20 scheduled date at the time and place specified after the
21 applicant's application for examination has been received
22 and acknowledged by the Department or the designated
23 testing service shall result in the forfeiture of the
24 examination fee.
25 (7) Meet all other requirements established by rule.
26 An applicant for licensure by examination may take the

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1Department-approved examination in another jurisdiction.
2 (b-5) If an applicant for licensure by examination
3neglects, fails, or refuses to take an examination or fails to
4pass an examination for a license under this Act within 3 years
5after filing the application, the application shall be denied.
6The applicant must enroll in and complete an approved practical
7nursing education program prior to submitting an additional
8application for the licensure exam.
9 An applicant may take and successfully complete a
10Department-approved examination in another jurisdiction.
11However, an applicant who has never been licensed previously in
12any jurisdiction that utilizes a Department-approved
13examination and who has taken and failed to pass the
14examination within 3 years after filing the application must
15submit proof of successful completion of a
16Department-authorized nursing education program or
17recompletion of an approved licensed practical nursing program
18prior to re-application.
19 (c) An applicant for licensure by examination shall have
20one year from the date of notification of successful completion
21of the examination to apply to the Department for a license. If
22an applicant fails to apply within one year, the applicant
23shall be required to retake and pass the examination unless
24licensed in another jurisdiction of the United States.
25 (d) A licensed practical nurse applicant who passes the
26Department-approved licensure examination and has applied to

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1the Department for licensure may obtain employment as a
2license-pending practical nurse and practice as delegated by a
3registered professional nurse or an advanced practice nurse or
4physician. An individual may be employed as a license-pending
5practical nurse if all of the following criteria are met:
6 (1) He or she has completed and passed the
7 Department-approved licensure exam and presents to the
8 employer the official written notification indicating
9 successful passage of the licensure examination.
10 (2) He or she has completed and submitted to the
11 Department an application for licensure under this Section
12 as a practical nurse.
13 (3) He or she has submitted the required licensure fee.
14 (4) He or she has met all other requirements
15 established by rule, including having submitted to a
16 criminal history records check.
17 (e) The privilege to practice as a license-pending
18practical nurse shall terminate with the occurrence of any of
19the following:
20 (1) Three months have passed since the official date of
21 passing the licensure exam as inscribed on the formal
22 written notification indicating passage of the exam. This
23 3-month period may be extended as determined by rule.
24 (2) Receipt of the practical nurse license from the
25 Department.
26 (3) Notification from the Department that the

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1 application for licensure has been denied.
2 (4) A request by the Department that the individual
3 terminate practicing as a license-pending practical nurse
4 until an official decision is made by the Department to
5 grant or deny a practical nurse license.
6 (f) An applicant for licensure by endorsement who is a
7licensed practical nurse licensed by examination under the laws
8of another state or territory of the United States or a foreign
9country, jurisdiction, territory, or province must do each of
10the following:
11 (1) Submit a completed written application, on forms
12 supplied by the Department, and fees as established by the
13 Department.
14 (2) Have graduated from a practical nursing education
15 program approved by the Department.
16 (3) Submit verification of licensure status directly
17 from the United States jurisdiction of licensure, if
18 applicable, as defined by rule.
19 (4) Submit to the criminal history records check
20 required under Section 50-35 of this Act.
21 (5) Meet all other requirements as established by the
22 Department by rule.
23 (g) All applicants for practical nurse licensure by
24examination or endorsement who are graduates of nursing
25educational programs in a country other than the United States
26or its territories shall have their nursing education

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1credentials evaluated by a Department-approved nursing
2credentialing evaluation service. No such applicant may be
3issued a license under this Act unless the applicant's program
4is deemed by the nursing credentialing evaluation service to be
5equivalent to a professional nursing education program
6approved by the Department. An applicant who has graduated from
7a nursing educational program outside of the United States or
8its territories and whose first language is not English shall
9submit certification of passage of the Test of English as a
10Foreign Language (TOEFL), as defined by rule. The Department
11may, upon recommendation from the nursing evaluation service,
12waive the requirement that the applicant pass the TOEFL
13examination if the applicant submits verification of the
14successful completion of a nursing education program conducted
15in English. The requirements of this subsection (d) may be
16satisfied by the showing of proof of a certificate from the
17Certificate Program or the VisaScreen Program of the Commission
18on Graduates of Foreign Nursing Schools.
19 (h) An applicant licensed in another state or territory who
20is applying for licensure and has received her or his education
21in a country other than the United States or its territories
22shall have her or his nursing education credentials evaluated
23by a Department-approved nursing credentialing evaluation
24service. No such applicant may be issued a license under this
25Act unless the applicant's program is deemed by the nursing
26credentialing evaluation service to be equivalent to a

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1professional nursing education program approved by the
2Department. An applicant who has graduated from a nursing
3educational program outside of the United States or its
4territories and whose first language is not English shall
5submit certification of passage of the Test of English as a
6Foreign Language (TOEFL), as defined by rule. The Department
7may, upon recommendation from the nursing evaluation service,
8waive the requirement that the applicant pass the TOEFL
9examination if the applicant submits verification of the
10successful completion of a nursing education program conducted
11in English or the successful passage of an approved licensing
12examination given in English. The requirements of this
13subsection (d-5) may be satisfied by the showing of proof of a
14certificate from the Certificate Program or the VisaScreen
15Program of the Commission on Graduates of Foreign Nursing
16Schools.
17 (i) A licensed practical nurse who holds an unencumbered
18license in good standing in another United States jurisdiction
19and who has applied for practical nurse licensure under this
20Act by endorsement may be issued a temporary license, if
21satisfactory proof of such licensure in another jurisdiction is
22presented to the Department. The Department shall not issue an
23applicant a temporary practical nurse license until it is
24satisfied that the applicant holds an active, unencumbered
25license in good standing in another jurisdiction. If the
26applicant holds more than one current active license or one or

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1more active temporary licenses from another jurisdiction, the
2Department may not issue a temporary license until the
3Department is satisfied that each current active license held
4by the applicant is unencumbered. The temporary license, which
5shall be issued no later than 14 working days following receipt
6by the Department of an application for the temporary license,
7shall be granted upon the submission of all of the following to
8the Department:
9 (1) A completed application for licensure as a
10 practical nurse.
11 (2) Proof of a current, active license in at least one
12 other jurisdiction of the United States and proof that each
13 current active license or temporary license held by the
14 applicant within the last 5 years is unencumbered.
15 (3) A signed and completed application for a temporary
16 license.
17 (4) The required temporary license fee.
18 (j) The Department may refuse to issue an applicant a
19temporary license authorized pursuant to this Section if,
20within 14 working days following its receipt of an application
21for a temporary license, the Department determines that:
22 (1) the applicant has been convicted of a crime under
23 the laws of a jurisdiction of the United States that is:
24 (i) a felony; or (ii) a misdemeanor directly related to the
25 practice of the profession, within the last 5 years;
26 (2) the applicant has had a license or permit related

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1 to the practice of practical nursing revoked, suspended, or
2 placed on probation by another jurisdiction within the last
3 5 years and at least one of the grounds for revoking,
4 suspending, or placing on probation is the same or
5 substantially equivalent to grounds in Illinois; or
6 (3) the Department intends to deny licensure by
7 endorsement.
8 (k) The Department may revoke a temporary license issued
9pursuant to this Section if it determines any of the following:
10 (1) That the applicant has been convicted of a crime
11 under the law of any jurisdiction of the United States that
12 is (i) a felony or (ii) a misdemeanor directly related to
13 the practice of the profession, within the last 5 years.
14 (2) That within the last 5 years the applicant has had
15 a license or permit related to the practice of nursing
16 revoked, suspended, or placed on probation by another
17 jurisdiction, and at least one of the grounds for revoking,
18 suspending, or placing on probation is the same or
19 substantially equivalent to grounds for disciplinary
20 action under this Act.
21 (3) That the Department intends to deny licensure by
22 endorsement.
23 (l) A temporary license shall expire 6 months from the date
24of issuance. Further renewal may be granted by the Department
25in hardship cases, as defined by rule and upon approval of the
26Secretary. However, a temporary license shall automatically

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1expire upon issuance of a valid license under this Act or upon
2notification that the Department intends to deny licensure,
3whichever occurs first.
4 (m) All applicants for practical nurse licensure have 3
5years from the date of application to complete the application
6process. If the process has not been completed within 3 years
7from the date of application, the application shall be denied,
8the fee forfeited, and the applicant must reapply and meet the
9requirements in effect at the time of reapplication.
10 (n) A service member or veteran is qualified under this
11Section if he or she provides the Department with documentation
12that he or she has had substantially equivalent training or
13experience from his or her military service and successfully
14completes all necessary examinations. For the purpose of this
15Section, "service member" and "military service" have the same
16meaning as in Section 5.2 of the Service Member's Employment
17Tenure Act. For the purposes of this Section, "veteran" means
18any person who has formerly served in any component of the U.S.
19Armed Forces or the National Guard of any state, the District
20of Columbia, a commonwealth, or a territory of the United
21States.
22(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
2395-639, eff. 10-5-07.)
24 Section 30. The Nursing Home Administrators Licensing and
25Disciplinary Act is amended by changing Section 8 as follows:

HB3040- 26 -LRB098 07793 MGM 37873 b
1 (225 ILCS 70/8) (from Ch. 111, par. 3658)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 8. Qualifications for license. A person is qualified
4to receive a license as a nursing home administrator:
5 (a) who is at least 21 years of age,
6 (b) who has not engaged in conduct or behavior
7 determined to be grounds for discipline under this Act,
8 (c) who is in sound physical and mental health,
9 (d) (blank),
10 (e) who is a graduate of a college or university deemed
11 reputable and in good standing by the Department, or who
12 has satisfactorily completed a course of instruction
13 approved by the Department containing subjects embracing
14 the laws governing the operation of nursing homes, the
15 protection of the health and safety of patients in nursing
16 homes and the elements of sound nursing home
17 administration, or who presents evidence to the Department
18 of education, training and experience deemed by the
19 Department to be equivalent to either of the above,
20 (f) who passes a written examination conducted by the
21 Department to determine his or her fitness to receive a
22 license as a nursing home administrator, and
23 (g) who pays the required fee.
24 A service member or veteran is qualified under this Section
25if he or she provides the Department with documentation that he

HB3040- 27 -LRB098 07793 MGM 37873 b
1or she has had substantially equivalent training or experience
2from his or her military service and successfully completes all
3necessary examinations. For the purpose of this Section,
4"service member" and "military service" have the same meaning
5as in Section 5.2 of the Service Member's Employment Tenure
6Act. For the purposes of this Section, "veteran" means any
7person who has formerly served in any component of the U.S.
8Armed Forces or the National Guard of any state, the District
9of Columbia, a commonwealth, or a territory of the United
10States.
11(Source: P.A. 89-387, eff. 8-20-95; 90-61, eff. 12-30-97.)
12 Section 35. The Orthotics, Prosthetics, and Pedorthics
13Practice Act is amended by changing Section 40 as follows:
14 (225 ILCS 84/40)
15 (Section scheduled to be repealed on January 1, 2020)
16 Sec. 40. Qualifications for licensure as orthotist,
17prosthetist, or pedorthist.
18 (a) To qualify for a license to practice orthotics or
19prosthetics, a person shall:
20 (1) possess a baccalaureate degree from a college or
21 university;
22 (2) have completed the amount of formal training,
23 including, but not limited to, any hours of classroom
24 education and clinical practice established and approved

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1 by the Department;
2 (3) complete a clinical residency in the professional
3 area for which a license is sought in accordance with
4 standards, guidelines, or procedures for residencies
5 inside or outside this State established and approved by
6 the Department. The majority of training must be devoted to
7 services performed under the supervision of a licensed
8 practitioner of orthotics or prosthetics or a person
9 certified as a Certified Orthotist (CO), Certified
10 Prosthetist (CP), or Certified Prosthetist Orthotist (CPO)
11 whose practice is located outside of the State;
12 (4) pass all written, practical, and oral examinations
13 that are required and approved by the Department; and
14 (5) be qualified to practice in accordance with
15 internationally accepted standards of orthotic and
16 prosthetic care.
17 (b) To qualify for a license to practice pedorthics, a
18person shall:
19 (1) submit proof of a high school diploma or its
20 equivalent;
21 (2) have completed the amount of formal training,
22 including, but not limited to, any hours of classroom
23 education and clinical practice established and approved
24 by the Department;
25 (3) complete a qualified work experience program or
26 internship in pedorthics that has a minimum of 1,000 hours

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1 of pedorthic patient care experience in accordance with any
2 standards, guidelines, or procedures established and
3 approved by the Department. The majority of training must
4 be devoted to services performed under the supervision of a
5 licensed practitioner of pedorthics or a person certified
6 as a Certified Pedorthist (C.Ped) whose practice is located
7 outside of the State;
8 (4) pass all examinations that are required and
9 approved by the Department; and
10 (5) be qualified to practice in accordance with
11 nationally accepted standards of pedorthic care.
12 (c) The standards and requirements for licensure
13established by the Department shall be substantially equal to
14or in excess of standards commonly accepted in the profession
15of orthotics, prosthetics, or pedorthics. The Department shall
16adopt rules as necessary to set the standards and requirements.
17 (d) A person may be licensed in more than one discipline.
18 (e) A service member or veteran is qualified under this
19Section if he or she provides the Department with documentation
20that he or she has had substantially equivalent training or
21experience from his or her military service and successfully
22completes all necessary examinations. For the purpose of this
23Section, "service member" and "military service" have the same
24meaning as in Section 5.2 of the Service Member's Employment
25Tenure Act. For the purposes of this Section, "veteran" means
26any person who has formerly served in any component of the U.S.

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1Armed Forces or the National Guard of any state, the District
2of Columbia, a commonwealth, or a territory of the United
3States.
4(Source: P.A. 96-682, eff. 8-25-09.)
5 Section 40. The Pharmacy Practice Act is amended by
6changing Section 9.5 as follows:
7 (225 ILCS 85/9.5)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 9.5. Certified pharmacy technician.
10 (a) An individual registered as a pharmacy technician under
11this Act may be registered as a certified pharmacy technician,
12if he or she meets all of the following requirements:
13 (1) He or she has submitted a written application in
14 the form and manner prescribed by the Department.
15 (2) He or she has attained the age of 18.
16 (3) He or she is of good moral character, as determined
17 by the Department.
18 (4) He or she has (i) graduated from pharmacy
19 technician training meeting the requirements set forth in
20 subsection (a) of Section 17.1 of this Act or (ii) obtained
21 documentation from the pharmacist-in-charge of the
22 pharmacy where the applicant is employed verifying that he
23 or she has successfully completed a training program and
24 has successfully completed an objective assessment

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1 mechanism prepared in accordance with rules established by
2 the Department.
3 (5) He or she has successfully passed an examination
4 accredited by the National Organization of Certifying
5 Agencies, as approved and required by the Board.
6 (6) He or she has paid the required certification fees.
7 (b) No pharmacist whose license has been denied, revoked,
8suspended, or restricted for disciplinary purposes may be
9eligible to be registered as a certified pharmacy technician.
10 (c) The Department may, by rule, establish any additional
11requirements for certification under this Section.
12 (d) A person who is not a registered pharmacy technician
13and meets the requirements of this Section may register as a
14certified pharmacy technician without first registering as a
15pharmacy technician.
16 (e) A service member or veteran is qualified under this
17Section if he or she provides the Department with documentation
18that he or she has had substantially equivalent training or
19experience from his or her military service and successfully
20completes all necessary examinations. For the purpose of this
21Section, "service member" and "military service" have the same
22meaning as in Section 5.2 of the Service Member's Employment
23Tenure Act. For the purposes of this Section, "veteran" means
24any person who has formerly served in any component of the U.S.
25Armed Forces or the National Guard of any state, the District
26of Columbia, a commonwealth, or a territory of the United

HB3040- 32 -LRB098 07793 MGM 37873 b
1States.
2(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
3 Section 45. The Illinois Physical Therapy Act is amended by
4changing Section 8 as follows:
5 (225 ILCS 90/8) (from Ch. 111, par. 4258)
6 (Section scheduled to be repealed on January 1, 2016)
7 Sec. 8. Qualifications for licensure as a Physical
8Therapist.
9 (a) A person is qualified to receive a license as a
10physical therapist if that person has applied in writing, on
11forms prescribed by the Department, has paid the required fees,
12and meets all of the following requirements:
13 (1) He or she is at least 18 years of age and of good
14 moral character. In determining moral character, the
15 Department may take into consideration any felony
16 conviction of the applicant, but such a conviction shall
17 not operate automatically as a complete bar to a license.
18 (2) He or she has graduated from a curriculum in
19 physical therapy approved by the Department. In approving a
20 curriculum in physical therapy, the Department shall
21 consider, but not be bound by, accreditation by the
22 Commission on Accreditation in Physical Therapy Education.
23 A person who graduated from a physical therapy program
24 outside the United States or its territories shall have his

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1 or her degree validated as equivalent to a physical therapy
2 degree conferred by a regionally accredited college or
3 university in the United States. The Department may
4 establish by rule a method for the completion of course
5 deficiencies.
6 (3) He or she has passed an examination approved by the
7 Department to determine his fitness for practice as a
8 physical therapist, or is entitled to be licensed without
9 examination as provided in Sections 10 and 11 of this Act.
10 A person who graduated from a physical therapy program
11 outside the United States or its territories and whose
12 first language is not English shall submit certification of
13 passage of the Test of English as a Foreign Language
14 (TOEFL) and the Test of Spoken English (TSE) as defined by
15 rule prior to taking the licensure examination.
16 (b) The Department reserves the right and may request a
17personal interview of an applicant before the Board to further
18evaluate his or her qualifications for a license.
19 (c) A service member or veteran is qualified under this
20Section if he or she provides the Department with documentation
21that he or she has had substantially equivalent training or
22experience from his or her military service and successfully
23completes all necessary examinations. For the purpose of this
24Section, "service member" and "military service" have the same
25meaning as in Section 5.2 of the Service Member's Employment
26Tenure Act. For the purposes of this Section, "veteran" means

HB3040- 34 -LRB098 07793 MGM 37873 b
1any person who has formerly served in any component of the U.S.
2Armed Forces or the National Guard of any state, the District
3of Columbia, a commonwealth, or a territory of the United
4States.
5(Source: P.A. 94-651, eff. 1-1-06.)
6 Section 50. The Physician Assistant Practice Act of 1987 is
7amended by changing Section 12 as follows:
8 (225 ILCS 95/12) (from Ch. 111, par. 4612)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 12. A person shall be qualified for licensure as a
11physician assistant and the Department may issue a physician
12assistant license to a person who:
13 1. Has applied in writing in form and substance
14 satisfactory to the Department and has not violated any of
15 the provisions of Section 21 of this Act or the rules
16 promulgated hereunder. The Department may take into
17 consideration any felony conviction of the applicant but
18 such conviction shall not operate as an absolute bar to
19 licensure;
20 2. Has successfully completed the examination provided
21 by the National Commission on the Certification of
22 Physician's Assistant or its successor agency;
23 3. Holds a certificate issued by the National
24 Commission on the Certification of Physician Assistants or

HB3040- 35 -LRB098 07793 MGM 37873 b
1 an equivalent successor agency; and
2 4. Complies with all applicable rules of the
3 Department.
4 A service member or veteran is qualified under this Section
5if he or she provides the Department with documentation that he
6or she has had substantially equivalent training or experience
7from his or her military service and successfully completes all
8necessary examinations. For the purpose of this Section,
9"service member" and "military service" have the same meaning
10as in Section 5.2 of the Service Member's Employment Tenure
11Act. For the purposes of this Section, "veteran" means any
12person who has formerly served in any component of the U.S.
13Armed Forces or the National Guard of any state, the District
14of Columbia, a commonwealth, or a territory of the United
15States.
16(Source: P.A. 95-703, eff. 12-31-07.)
17 Section 55. The Podiatric Medical Practice Act of 1987 is
18amended by changing Section 10 as follows:
19 (225 ILCS 100/10) (from Ch. 111, par. 4810)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 10. Qualifications for licensure. A person shall be
22qualified for licensure as a podiatric physician:
23 (A) who has applied for licensure on forms prepared and
24 furnished by the Department;

HB3040- 36 -LRB098 07793 MGM 37873 b
1 (B) who is at least 21 years of age;
2 (C) who has not engaged in or is not engaged in any
3 practice or conduct that constitutes grounds for
4 discipline under this Act, including without limitation
5 grounds set forth in Section 24 of this Act, or rules
6 adopted under this Act;
7 (D) who is a graduate of an approved college of
8 podiatric medicine and has attained the academic degree of
9 doctor of podiatric medicine (D.P.M.);
10 (E) who has successfully completed an examination
11 authorized by the Department; and
12 (F) who has successfully completed a minimum of one
13 year postgraduate training as defined in Section 5 of this
14 Act. The postgraduate training requirement shall be
15 effective July 1, 1992.
16 A service member or veteran is qualified under this Section
17if he or she provides the Department with documentation that he
18or she has had substantially equivalent training or experience
19from his or her military service and successfully completes all
20necessary examinations. For the purpose of this Section,
21"service member" and "military service" have the same meaning
22as in Section 5.2 of the Service Member's Employment Tenure
23Act. For the purposes of this Section, "veteran" means any
24person who has formerly served in any component of the U.S.
25Armed Forces or the National Guard of any state, the District
26of Columbia, a commonwealth, or a territory of the United

HB3040- 37 -LRB098 07793 MGM 37873 b
1States.
2(Source: P.A. 95-235, eff. 8-17-07.)
3 Section 60. The Veterinary Medicine and Surgery Practice
4Act of 2004 is amended by changing Section 8 as follows:
5 (225 ILCS 115/8) (from Ch. 111, par. 7008)
6 (Section scheduled to be repealed on January 1, 2014)
7 Sec. 8. Qualifications. A person is qualified to receive a
8license if he or she: (1) is of good moral character; (2) has
9graduated from an accredited college or school of veterinary
10medicine; and (3) has passed the examination authorized by the
11Department to determine fitness to hold a license.
12 Applicants for licensure from non-accredited veterinary
13schools are required to successfully complete a program of
14educational equivalency as established by rule. At a minimum,
15this program shall include all of the following:
16 (1) A certified transcript indicating graduation from
17 such college.
18 (2) Successful completion of a communication ability
19 examination designed to assess communication skills,
20 including a command of the English language.
21 (3) Successful completion of an examination or
22 assessment mechanism designed to evaluate educational
23 equivalence, including both preclinical and clinical
24 competencies.

HB3040- 38 -LRB098 07793 MGM 37873 b
1 (4) Any other reasonable assessment mechanism designed
2 to ensure an applicant possesses the educational
3 background necessary to protect the public health and
4 safety.
5 Successful completion of the criteria set forth in this
6Section shall establish education equivalence as one of the
7criteria for licensure set forth in this Act. Applicants under
8this Section must also meet all other statutory criteria for
9licensure prior to the issuance of any such license, including
10graduation from veterinary school.
11 A graduate of a non-approved veterinary school who was
12issued a work permit by the Department before the effective
13date of this amendatory Act of the 93rd General Assembly may
14continue to work under the direct supervision of a licensed
15veterinarian until the expiration of his or her permit.
16 In determining moral character under this Section, the
17Department may take into consideration any felony conviction of
18the applicant, but such a conviction shall not operate as a bar
19to obtaining a license. The Department may also request the
20applicant to submit and may consider as evidence of moral
21character, endorsements from 2 individuals licensed under this
22Act.
23 A service member or veteran is qualified under this Section
24if he or she provides the Department with documentation that he
25or she has had substantially equivalent training or experience
26from his or her military service and successfully completes all

HB3040- 39 -LRB098 07793 MGM 37873 b
1necessary examinations. For the purpose of this Section,
2"service member" and "military service" have the same meaning
3as in Section 5.2 of the Service Member's Employment Tenure
4Act. For the purposes of this Section, "veteran" means any
5person who has formerly served in any component of the U.S.
6Armed Forces or the National Guard of any state, the District
7of Columbia, a commonwealth, or a territory of the United
8States.
9(Source: P.A. 93-281, eff. 12-31-03.)
10 Section 65. The Registered Surgical Assistant and
11Registered Surgical Technologist Title Protection Act is
12amended by changing Section 45 as follows:
13 (225 ILCS 130/45)
14 (Section scheduled to be repealed on January 1, 2014)
15 Sec. 45. Registration requirements; surgical assistant. A
16person shall qualify for registration as a surgical assistant
17if he or she has applied in writing on the prescribed form, has
18paid the required fees, and meets all of the following
19requirements:
20 (1) Is at least 21 years of age.
21 (2) Has not violated a provision of Section 95 of this
22 Act. In addition the Department may take into consideration
23 any felony conviction of the applicant, but a conviction
24 shall not operate as an absolute bar to registration.

HB3040- 40 -LRB098 07793 MGM 37873 b
1 (3) Has completed a medical education program approved
2 by the Department or has graduated from a United States
3 Military Program that emphasized surgical assisting.
4 (4) Has successfully completed a national certifying
5 examination approved by the Department.
6 (5) Is currently certified by the National Surgical
7 Assistant Association on the Certification of Surgical
8 Assistants, the Liaison Council on Certification for the
9 Surgical Technologist as a certified first assistant, or
10 the American Board of Surgical Assisting.
11 A service member or veteran is qualified under this Section
12if he or she provides the Department with documentation that he
13or she has had substantially equivalent training or experience
14from his or her military service and successfully completes all
15necessary examinations. For the purpose of this Section,
16"service member" and "military service" have the same meaning
17as in Section 5.2 of the Service Member's Employment Tenure
18Act. For the purposes of this Section, "veteran" means any
19person who has formerly served in any component of the U.S.
20Armed Forces or the National Guard of any state, the District
21of Columbia, a commonwealth, or a territory of the United
22States.
23(Source: P.A. 93-280, eff. 7-1-04.)
24 Section 70. The Illinois Architecture Practice Act of 1989
25is amended by changing Section 13 as follows:

HB3040- 41 -LRB098 07793 MGM 37873 b
1 (225 ILCS 305/13) (from Ch. 111, par. 1313)
2 (Section scheduled to be repealed on January 1, 2020)
3 Sec. 13. Qualifications of applicants. Any person who is of
4good moral character may apply for licensure if he or she is a
5graduate with a first professional degree in architecture from
6a program accredited by the National Architectural Accrediting
7Board, has completed the examination requirements set forth
8under Section 12 of this Act, and has completed such
9diversified professional training, including academic
10training, as is required by rules of the Department. Until
11January 1, 2014, in lieu of the requirement of graduation with
12a first professional degree in architecture from a program
13accredited by the National Architectural Accrediting Board,
14the Department may admit an applicant who is a graduate with a
15pre-professional 4 year baccalaureate degree accepted for
16direct entry into a first professional master of architecture
17degree program, and who has completed such additional
18diversified professional training, including academic
19training, as is required by rules of the Department. The
20Department may adopt, as its own rules relating to diversified
21professional training, those guidelines published from time to
22time by the National Council of Architectural Registration
23Boards.
24 Good moral character means such character as will enable a
25person to discharge the fiduciary duties of an architect to

HB3040- 42 -LRB098 07793 MGM 37873 b
1that person's client and to the public in a manner which
2protects health, safety and welfare. Evidence of inability to
3discharge such duties may include the commission of an offense
4justifying discipline under Section 22. In addition, the
5Department may take into consideration whether the applicant
6has engaged in conduct or actions that would constitute grounds
7for discipline under this Act.
8 A service member or veteran is qualified under this Section
9if he or she provides the Department with documentation that he
10or she has had substantially equivalent training or experience
11from his or her military service and successfully completes all
12necessary examinations. For the purpose of this Section,
13"service member" and "military service" have the same meaning
14as in Section 5.2 of the Service Member's Employment Tenure
15Act. For the purposes of this Section, "veteran" means any
16person who has formerly served in any component of the U.S.
17Armed Forces or the National Guard of any state, the District
18of Columbia, a commonwealth, or a territory of the United
19States.
20(Source: P.A. 96-610, eff. 8-24-09.)
21 Section 75. The Elevator Safety and Regulation Act is
22amended by changing Section 45 as follows:
23 (225 ILCS 312/45)
24 (Section scheduled to be repealed on January 1, 2023)

HB3040- 43 -LRB098 07793 MGM 37873 b
1 Sec. 45. Qualifications for elevator mechanic's license;
2emergency and temporary licensure; limited elevator mechanic's
3license.
4 (a) No license shall be granted to any person who has not
5paid the required application fee.
6 (b) No license shall be granted to any person who has not
7proven his or her qualifications and abilities.
8 (c) Applicants for an elevator mechanic's license must
9demonstrate one of the following qualifications:
10 (1) an acceptable combination of documented experience
11 and education credits consisting of: (A) not less than 3
12 years work experience in the elevator industry, in
13 construction, maintenance, or service and repair, as
14 verified by current and previous employers licensed to do
15 business in this State or in another state if the Board
16 deems that out-of-State experience equivalent; and (B)
17 satisfactory completion of a written examination
18 administered by the Elevator Safety Review Board or its
19 designated provider on the adopted rules and referenced
20 codes;
21 (2) acceptable proof that he or she has worked as an
22 elevator constructor, maintenance, or repair person;
23 acceptable proof shall consist of documentation that he or
24 she worked without direct and immediate supervision for an
25 elevator contractor who has worked on elevators in this
26 State for a period of not less than 3 years immediately

HB3040- 44 -LRB098 07793 MGM 37873 b
1 preceding the effective date of the final rules adopted by
2 the Board under Section 35 of this Act that implement this
3 Act; the person must make application by December 31, 2007;
4 however, all licenses issued under the provisions of this
5 item (2) between May 1, 2006 and the effective date of this
6 amendatory Act of the 95th General Assembly are deemed
7 valid;
8 (3) a certificate of successful completion of the
9 mechanic examination of a nationally recognized training
10 program for the elevator industry, such as the National
11 Elevator Industry Educational Program or its equivalent;
12 (4) a certificate of completion of an elevator mechanic
13 apprenticeship program with standards substantially equal
14 to those of this Act and registered with the Bureau of
15 Apprenticeship and Training, U.S. Department of Labor, or a
16 State apprenticeship council; or
17 (5) a valid license from a state having standards
18 substantially equal to those of this State.
19 (d) Whenever an emergency exists in the State due to a
20disaster, act of God, or work stoppage and the number of
21persons in the State holding licenses granted by the Board is
22insufficient to cope with the emergency, the licensed elevator
23contractor shall respond as necessary to ensure the safety of
24the public. Any person certified by a licensed elevator
25contractor to have an acceptable combination of documented
26experience and education to perform elevator work without

HB3040- 45 -LRB098 07793 MGM 37873 b
1direct and immediate supervision shall seek an emergency
2elevator mechanic's license from the Administrator within 5
3business days after commencing work requiring a license. The
4Administrator shall issue emergency elevator mechanic's
5licenses. The applicant shall furnish proof of competency as
6the Administrator may require. Each license shall recite that
7it is valid for a period of 60 days from the date thereof and
8for such particular elevators or geographical areas as the
9Administrator may designate and otherwise shall entitle the
10licensee to the rights and privileges of an elevator mechanic's
11license issued under this Act. The Administrator shall renew an
12emergency elevator mechanic's license during the existence of
13an emergency. No fee may be charged for any emergency elevator
14mechanic's license or renewal thereof.
15 (e) A licensed elevator contractor shall notify the
16Administrator when there are no licensed personnel available to
17perform elevator work. The licensed elevator contractor may
18request that the Administrator issue temporary elevator
19mechanic's licenses to persons certified by the licensed
20elevator contractor to have an acceptable combination of
21documented experience and education to perform elevator work
22without direct and immediate supervision. Any person certified
23by a licensed elevator contractor to have an acceptable
24combination of documented experience and education to perform
25elevator work without direct and immediate supervision shall
26immediately seek a temporary elevator mechanic's license from

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1the Administrator and shall pay such fee as the Board shall
2determine. The applicant for temporary licensure shall furnish
3proof of competency as the Administrator may require. Each
4license shall recite that it is valid for a period of 30 days
5from the date of issuance and while employed by the licensed
6elevator contractor that certified the individual as
7qualified. It shall be renewable as long as the shortage of
8license holders continues.
9 (f) An applicant for a limited elevator mechanic's license
10must demonstrate that he or she meets the qualifications of
11subsection (c)(1).
12 (g) The Administrator may issue temporary limited
13authority to an individual that the Administrator deems
14qualified to work on a specific type of conveyance. The
15applicant shall furnish any proof of competency that the
16Administrator may require and must obtain a permanent license
17within one year.
18 (h) A service member or veteran is qualified under this
19Section if he or she provides the Department with documentation
20that he or she has had substantially equivalent training or
21experience from his or her military service and successfully
22completes all necessary examinations. For the purpose of this
23Section, "service member" and "military service" have the same
24meaning as in Section 5.2 of the Service Member's Employment
25Tenure Act. For the purposes of this Section, "veteran" means
26any person who has formerly served in any component of the U.S.

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1Armed Forces or the National Guard of any state, the District
2of Columbia, a commonwealth, or a territory of the United
3States.
4(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09.)
5 Section 80. The Fire Sprinkler Contractor Licensing Act is
6amended by changing Section 20 as follows:
7 (225 ILCS 317/20)
8 Sec. 20. Designated certified person requirements.
9 (a) A designated certified person must either be a current
10Illinois licensed professional engineer or hold a valid NICET
11level 3 or higher certification in "fire protection technology,
12automatic sprinkler system layout".
13 (b) At least one member of every firm, association, or
14partnership and at least one corporate officer of every
15corporation engaged in the installation and repair of fire
16sprinkler systems must be a designated certified person.
17 (c) A designated certified person must be employed by the
18licensee at a business location with a valid license.
19 (d) A designated certified person must perform his or her
20normal duties at a business location with a valid license.
21 (e) A designated certified person may only be the
22designated certified person for one business location and one
23business entity.
24 (f) A designated certified person must be directly involved

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1in supervision. The designated certified person does not,
2however, have to be at the site of the installation or repair
3of the fire sprinkler system at all times.
4 A service member or veteran meets the requirements of
5subsection (a) of this Section if he or she provides the
6Department with documentation that he or she has had
7substantially equivalent training or experience from his or her
8military service and successfully completes all necessary
9examinations. For the purpose of this Section, "service member"
10and "military service" have the same meaning as in Section 5.2
11of the Service Member's Employment Tenure Act. For the purposes
12of this Section, "veteran" means any person who has formerly
13served in any component of the U.S. Armed Forces or the
14National Guard of any state, the District of Columbia, a
15commonwealth, or a territory of the United States.
16(Source: P.A. 92-871, eff. 1-3-03.)
17 Section 85. The Professional Engineering Practice Act of
181989 is amended by changing Sections 10 and 11 as follows:
19 (225 ILCS 325/10) (from Ch. 111, par. 5210)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 10. Minimum standards for licensure as professional
22engineer. To qualify for licensure as a professional engineer
23each applicant shall be:
24 (a) A graduate of an approved engineering curriculum of

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1 at least 4 years who submits acceptable evidence to the
2 Board of an additional 4 years or more of experience in
3 engineering work of a grade and character which indicate
4 that the individual may be competent to practice
5 professional engineering, and who has passed a nominal
6 8-hour written examination in the fundamentals of
7 engineering, and a nominal 8-hour written examination in
8 the principles and practice of engineering. Upon
9 submitting an application with proof of passing both
10 examinations, the applicant, if otherwise qualified, shall
11 be granted a license to practice professional engineering
12 in this State; or
13 (b) A graduate of a non-approved engineering
14 curriculum or a related science curriculum of at least 4
15 years and which meets the requirements as set forth by rule
16 by submitting an application to the Department for its
17 review and approval, who submits acceptable evidence to the
18 Board of an additional 8 years or more of experience in
19 engineering work of a grade and character which indicate
20 that the individual may be competent to practice
21 professional engineering, and who has passed a nominal
22 8-hour written examination in the fundamentals of
23 engineering and a nominal 8-hour written examination in the
24 principles and practice of engineering. Upon submitting
25 the application with proof of passing both examinations,
26 the applicant, if otherwise qualified, shall be granted a

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1 license to practice professional engineering in this
2 State; or
3 (c) An Illinois engineer intern, by application and
4 payment of the required fee, may then take the nominal
5 8-hour written examination in the principles and practice
6 of engineering. If the applicant passes that examination
7 and submits evidence to the Board that meets the experience
8 qualification of subsection (a) or (b) of this Section, the
9 applicant, if otherwise qualified, shall be granted a
10 license to practice professional engineering in this
11 State.
12 When considering an applicant's qualifications for
13licensure under this Act, the Department may take into
14consideration whether an applicant has engaged in conduct or
15actions that would constitute a violation of the Standards of
16Professional Conduct for this Act as provided for by
17administrative rules.
18 A service member or veteran is qualified under this Section
19if he or she provides the Department with documentation that he
20or she has had substantially equivalent training or experience
21from his or her military service and successfully completes all
22necessary examinations. For the purpose of this Section,
23"service member" and "military service" have the same meaning
24as in Section 5.2 of the Service Member's Employment Tenure
25Act. For the purposes of this Section, "veteran" means any
26person who has formerly served in any component of the U.S.

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1Armed Forces or the National Guard of any state, the District
2of Columbia, a commonwealth, or a territory of the United
3States.
4(Source: P.A. 96-626, eff. 8-24-09; 96-850, eff. 6-1-10;
597-333, eff. 8-12-11.)
6 (225 ILCS 325/11) (from Ch. 111, par. 5211)
7 (Section scheduled to be repealed on January 1, 2020)
8 Sec. 11. Minimum standards for examination for enrollment
9as engineer intern. Each of the following is considered a
10minimum standard that an applicant must satisfy to qualify for
11enrollment as an engineer intern.
12 (a) A graduate of an approved engineering curriculum of at
13least 4 years, who has passed a nominal 8-hour written
14examination in the fundamentals of engineering, shall be
15enrolled as an engineer intern, if the applicant is otherwise
16qualified; or
17 (b) An applicant in the last year of an approved
18engineering curriculum who passes a nominal 8-hour written
19examination in the fundamentals of engineering and furnishes
20proof that the applicant graduated within a 12 month period
21following the examination shall be enrolled as an engineer
22intern, if the applicant is otherwise qualified; or
23 (c) A graduate of a non-approved engineering curriculum or
24a related science curriculum of at least 4 years and which
25meets the requirements as set forth by rule by submitting an

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1application to the Department for its review and approval, who
2submits acceptable evidence to the Board of an additional 4
3years or more of progressive experience in engineering work,
4and who has passed a nominal 8-hour written examination in the
5fundamentals of engineering shall be enrolled as an engineer
6intern, if the applicant is otherwise qualified.
7 A service member or veteran is qualified under this Section
8if he or she provides the Department with documentation that he
9or she has had substantially equivalent training or experience
10from his or her military service and successfully completes all
11necessary examinations. For the purpose of this Section,
12"service member" and "military service" have the same meaning
13as in Section 5.2 of the Service Member's Employment Tenure
14Act. For the purposes of this Section, "veteran" means any
15person who has formerly served in any component of the U.S.
16Armed Forces or the National Guard of any state, the District
17of Columbia, a commonwealth, or a territory of the United
18States.
19(Source: P.A. 96-626, eff. 8-24-09; 96-850, eff. 6-1-10.)
20 Section 90. The Illinois Professional Land Surveyor Act of
211989 is amended by changing Section 12 as follows:
22 (225 ILCS 330/12) (from Ch. 111, par. 3262)
23 (Section scheduled to be repealed on January 1, 2020)
24 Sec. 12. Qualifications for licensing.

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1 (a) A person is qualified to receive a license as a
2Professional Land Surveyor and the Department shall issue a
3license to a person:
4 (1) who has applied in writing in the required form to
5 the Department;
6 (2) (blank);
7 (2.5) who has not violated any provision of this Act or
8 its rules;
9 (3) who is of good ethical character, including
10 compliance with the Code of Ethics and Standards of
11 Practice promulgated by rule pursuant to this Act, and has
12 not committed an act or offense in any jurisdiction that
13 would constitute grounds for discipline of a land surveyor
14 licensed under this Act;
15 (4) who has been issued a license as a Land
16 Surveyor-in-Training;
17 (5) who, subsequent to passing the examination
18 authorized by the Department for licensure as a
19 Surveyor-In-Training, has at least 4 years of responsible
20 charge experience verified by a professional land surveyor
21 in direct supervision and control of his or her activities;
22 (6) who has passed an examination authorized by the
23 Department to determine his or her fitness to receive a
24 license as a Professional Land Surveyor; and
25 (7) who has a baccalaureate degree in a related science
26 if he or she does not have a baccalaureate degree in land

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1 surveying from an accredited college or university.
2 (b) A person is qualified to receive a license as a Land
3Surveyor-in-Training and the Department shall issue a license
4to a person:
5 (1) who has applied in writing in the required form
6 provided by the Department;
7 (2) (blank);
8 (3) who is of good moral character;
9 (4) who has the required education as set forth in this
10 Act; and
11 (5) who has passed an examination authorized by the
12 Department to determine his or her fitness to receive a
13 license as a Land Surveyor-in-Training in accordance with
14 this Act.
15 In determining moral character under this Section, the
16Department may take into consideration whether the applicant
17has engaged in conduct or actions that would constitute grounds
18for discipline under this Act.
19 A service member or veteran satisfies the educational
20requirements under this Section if he or she provides the
21Department with documentation that he or she has had
22substantially equivalent training or experience from his or her
23military service and successfully completes all necessary
24examinations. For the purpose of this Section, "service member"
25and "military service" have the same meaning as in Section 5.2
26of the Service Member's Employment Tenure Act. For the purposes

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1of this Section, "veteran" means any person who has formerly
2served in any component of the U.S. Armed Forces or the
3National Guard of any state, the District of Columbia, a
4commonwealth, or a territory of the United States.
5(Source: P.A. 96-626, eff. 8-24-09.)
6 Section 95. The Structural Engineering Practice Act of 1989
7is amended by changing Section 9 as follows:
8 (225 ILCS 340/9) (from Ch. 111, par. 6609)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 9. Applications for original licenses shall be made to
11the Department in writing on forms prescribed by the Department
12and shall be accompanied by the required fee, which is not
13refundable. The application shall require such information as
14in the judgment of the Department will enable the Department to
15pass on the qualifications of the applicant for a license. The
16Department may require an applicant, at the applicant's
17expense, to have an evaluation of the applicant's education in
18a foreign county by a nationally recognized evaluation service
19approved by the Department in accordance with rules prescribed
20by the Department.
21 An applicant who graduated from a structural engineering
22program outside the United States or its territories and whose
23first language is not English shall submit certification of
24passage of the Test of English as a Foreign Language (TOEFL)

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1and a test of spoken English as defined by rule.
2 A service member or veteran is qualified under this Section
3and its rules if he or she provides the Department with
4documentation that he or she has had substantially equivalent
5training or experience from his or her military service and
6successfully completes all necessary examinations. For the
7purpose of this Section, "service member" and "military
8service" have the same meaning as in Section 5.2 of the Service
9Member's Employment Tenure Act. For the purposes of this
10Section, "veteran" means any person who has formerly served in
11any component of the U.S. Armed Forces or the National Guard of
12any state, the District of Columbia, a commonwealth, or a
13territory of the United States.
14(Source: P.A. 96-610, eff. 8-24-09.)
15 Section 100. The Water Well and Pump Installation
16Contractor's License Act is amended by changing Section 9 as
17follows:
18 (225 ILCS 345/9) (from Ch. 111, par. 7110)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 9. Applications for a license, or for renewal thereof,
21and applications for examination shall be made to the
22Department in writing and under oath or affirmation, upon forms
23prescribed and furnished by the Department. Such applications
24shall contain such information as the Department deems

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1necessary in order to carry out the provisions of this Act.
2 The Department shall issue a Water Well Contractor's
3license, a Water Well Pump Installation Contractor's license,
4or a Water Well and Pump Installation Contractor's license to
5any applicant therefor who:
6 (a) is at least 18 years of age,
7 (b) is a citizen of the United States or has declared his
8intention to become a citizen of the United States,
9 (c) possesses a good moral character,
10 (d) has had the required experience as follows:
11 (1) an applicant for a water well contractor's license
12shall have worked two years under the supervision of a licensed
13water well contractor,
14 (2) an applicant for a water well pump installation
15contractor's license shall have worked two years under the
16supervision of a licensed water well pump installation
17contractor or in the case of those applicants whose experience
18was gained prior to January 1, 1972, under the supervision of a
19contractor who was engaged in water well pump installation,
20 (3) an applicant for a water well and pump installation
21contractor's license shall have worked two years for a licensed
22water well and pump installation contractor and the applicant
23shall show evidence satisfactory to the Department that he was
24engaged in both water well contracting and pump installing
25during the two year period. For those applicants who gained
26their experience prior to January 1, 1972, it shall be

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1sufficient for them to show that they worked under the
2supervision of a licensed water well contractor who was engaged
3in pump installation and that they did work in both fields.
4 (e) has made a satisfactory grade on the examination for
5the particular license for which he is applying.
6 (f) has paid the fee provided by statute.
7 Such licenses shall be serially numbered, shall be signed
8by the Director and issued under the seal of the Department.
9 A service member or veteran satisfies the educational
10requirements under this Section if he or she provides the
11Department with documentation that he or she has had
12substantially equivalent training or experience from his or her
13military service and successfully completes all necessary
14examinations. For the purpose of this Section, "service member"
15and "military service" have the same meaning as in Section 5.2
16of the Service Member's Employment Tenure Act. For the purposes
17of this Section, "veteran" means any person who has formerly
18served in any component of the U.S. Armed Forces or the
19National Guard of any state, the District of Columbia, a
20commonwealth, or a territory of the United States.
21(Source: P.A. 81-791.)
22 Section 105. The Barber, Cosmetology, Esthetics, Hair
23Braiding, and Nail Technology Act of 1985 is amended by
24changing Sections 2-2 and 2-4 as follows:

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1 (225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
2 (Section scheduled to be repealed on January 1, 2016)
3 Sec. 2-2. Licensure as a barber; qualifications. A person
4is qualified to receive a license as a barber if that person
5has applied in writing on forms prescribed by the Department,
6has paid the required fees, and:
7 a. Is at least 16 years of age; and
8 b. Has a certificate of graduation from a school
9 providing secondary education, or the recognized
10 equivalent of such a certificate, or persons who are beyond
11 the age of compulsory school attendance; and
12 c. Has graduated from a school of barbering or school
13 of cosmetology approved by the Department, having
14 completed a total of 1500 hours in the study of barbering
15 extending over a period of not less than 9 months nor more
16 than 3 years. A school of barbering may, at its discretion,
17 consistent with the rules of the Department, accept up to
18 500 hours of cosmetology school training at a recognized
19 cosmetology school toward the 1500 hour course requirement
20 of barbering. Time spent in such study under the laws of
21 another state or territory of the United States or of a
22 foreign country or province shall be credited toward the
23 period of study required by the provisions of this
24 paragraph; and
25 d. Has passed an examination caused to be conducted by
26 the Department or its designated testing service to

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1 determine fitness to receive a license as a barber; and
2 e. Has met all other requirements of this Act.
3 A service member or veteran is qualified under this Section
4if he or she provides the Department with documentation that he
5or she has had substantially equivalent training or experience
6from his or her military service and successfully completes all
7necessary examinations. For the purpose of this Section,
8"service member" and "military service" have the same meaning
9as in Section 5.2 of the Service Member's Employment Tenure
10Act. For the purposes of this Section, "veteran" means any
11person who has formerly served in any component of the U.S.
12Armed Forces or the National Guard of any state, the District
13of Columbia, a commonwealth, or a territory of the United
14States.
15(Source: P.A. 97-777, eff. 7-13-12.)
16 (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
17 (Section scheduled to be repealed on January 1, 2016)
18 Sec. 2-4. Licensure as a barber teacher; qualifications.
19 (1) A person is qualified to receive a license as a barber
20teacher if that person files an application on forms provided
21by the Department, pays the required fee, and:
22 a. Is at least 18 years of age;
23 b. Has graduated from high school or its equivalent;
24 c. Has a current license as a barber or cosmetologist;
25 d. Has graduated from a barber school or school of

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1 cosmetology approved by the Department having:
2 (1) completed a total of 500 hours in barber
3 teacher training extending over a period of not less
4 than 3 months nor more than 2 years and has had 3 years
5 of practical experience as a licensed barber;
6 (2) completed a total of 1,000 hours of barber
7 teacher training extending over a period of not less
8 than 6 months nor more than 2 years; or
9 (3) completed the cosmetology teacher training as
10 specified in paragraph (4) of subsection (a) of Section
11 3-4 of this Act; and
12 e. Has passed an examination authorized by the
13 Department to determine fitness to receive a license as a
14 barber teacher or a cosmetology teacher; and
15 f. Has met any other requirements set forth in this
16 Act.
17 An applicant who is issued a license as a Barber Teacher is
18not required to maintain a barber license in order to practice
19barbering as defined in this Act.
20 (2) A person is qualified to receive a license as a barber
21clinic teacher if he or she has applied in writing on forms
22provided by the Department, has paid the required fees, and:
23 (A) is at least 18 years of age;
24 (B) has graduated from high school or its equivalent;
25 (C) has a current license as a barber;
26 (D) has (i) completed a program of 250 hours of clinic

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1 teacher training in a licensed school of barbering or (ii)
2 within 5 years preceding the required examination, has
3 obtained a minimum of 2 years of practical experience
4 working at least 30 full-time hours per week as a licensed
5 barber and has completed an instructor's institute of 20
6 hours, as prescribed by the Department, prior to submitting
7 an application for examination;
8 (E) has passed an examination authorized by the
9 Department to determine eligibility to receive a license as
10 a barber teacher; and
11 (F) has met any other requirements of this Act.
12 The Department shall not issue any new barber clinic
13teacher licenses after January 1, 2009. Any person issued a
14license as a barber clinic teacher before January 1, 2009, may
15renew the license after that date under this Act and that
16person may continue to renew the license or have the license
17restored during his or her lifetime, subject only to the
18renewal or restoration requirements for the license under this
19Act; however, such licensee and license shall remain subject to
20the provisions of this Act, including, but not limited to,
21provisions concerning renewal, restoration, fees, continuing
22education, discipline, administration, and enforcement.
23 A service member or veteran is qualified under this Section
24if he or she provides the Department with documentation that he
25or she has had substantially equivalent training or experience
26from his or her military service. For the purpose of this

HB3040- 63 -LRB098 07793 MGM 37873 b
1Section, "service member" and "military service" have the same
2meaning as in Section 5.2 of the Service Member's Employment
3Tenure Act. For the purposes of this Section, "veteran" means
4any person who has formerly served in any component of the U.S.
5Armed Forces or the National Guard of any state, the District
6of Columbia, a commonwealth, or a territory of the United
7States.
8(Source: P.A. 97-777, eff. 7-13-12.)
9 Section 110. The Detection of Deception Examiners Act is
10amended by changing Section 11 as follows:
11 (225 ILCS 430/11) (from Ch. 111, par. 2412)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 11. Qualifications for licensure as an examiner. A
14person is qualified to receive a license as an examiner:
15 A. Who establishes that he or she is a person of good
16 moral character; and
17 B. Who has passed an examination approved by the
18 Department to determine his or her competency to obtain a
19 license to practice as an examiner; and
20 C. Who has had conferred upon him or her an academic
21 degree, at the baccalaureate level, from an accredited
22 college or university; and
23 D. Who has satisfactorily completed 6 months of study
24 in detection of deception, as prescribed by rule, which

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1 shall include, but not be limited to, course content,
2 trainer qualifications, and specialized instructor
3 qualifications.
4 In determining good moral character, the Department may
5take into consideration conviction of any crime under the laws
6of the United States or any state or territory thereof that is
7a felony or a misdemeanor or any crime that is directly related
8to the practice of the profession.
9 A service member or veteran is qualified under paragraphs
10(C) and (D) of this Section if he or she provides the
11Department with documentation that he or she has had
12substantially equivalent training or experience from his or her
13military service and successfully completes all necessary
14examinations. For the purpose of this Section, "service member"
15and "military service" have the same meaning as in Section 5.2
16of the Service Member's Employment Tenure Act. For the purposes
17of this Section, "veteran" means any person who has formerly
18served in any component of the U.S. Armed Forces or the
19National Guard of any state, the District of Columbia, a
20commonwealth, or a territory of the United States.
21(Source: P.A. 97-168, eff. 7-22-11.)
22 Section 115. The Private Detective, Private Alarm, Private
23Security, Fingerprint Vendor, and Locksmith Act of 2004 is
24amended by changing Sections 15-10, 20-10, and 25-10 as
25follows:

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1 (225 ILCS 447/15-10)
2 (Section scheduled to be repealed January 1, 2014)
3 Sec. 15-10. Qualifications for licensure as a private
4detective.
5 (a) A person is qualified for licensure as a private
6detective if he or she meets all of the following requirements:
7 (1) Is at least 21 years of age.
8 (2) Has not been convicted of any felony in any
9 jurisdiction or at least 10 years have elapsed since the
10 time of full discharge from a sentence imposed for a felony
11 conviction.
12 (3) Is of good moral character. Good character is a
13 continuing requirement of licensure. Conviction of crimes
14 other than felonies may be used in determining moral
15 character, but shall not constitute an absolute bar to
16 licensure.
17 (4) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease, unless a court has subsequently
20 declared him or her to be competent.
21 (5) Is not suffering from dependence on alcohol or from
22 narcotic addiction or dependence.
23 (6) Has a minimum of 3 years experience of the 5 years
24 immediately preceding application working full-time for a
25 licensed private detective agency as a registered private

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1 detective agency employee or with 3 years experience of the
2 5 years immediately preceding his or her application
3 employed as a full-time investigator for a licensed
4 attorney or in a law enforcement agency of a federal or
5 state political subdivision, which shall include a state's
6 attorney's office or a public defender's office. The Board
7 and the Department shall approve such full-time
8 investigator experience. An applicant who has a
9 baccalaureate degree, or higher, in law enforcement or a
10 related field or a business degree from an accredited
11 college or university shall be given credit for 2 of the 3
12 years of the required experience. An applicant who has an
13 associate degree in law enforcement or in a related field
14 or in business from an accredited college or university
15 shall be given credit for one of the 3 years of the
16 required experience.
17 (7) Has not been dishonorably discharged from the armed
18 forces of the United States or has not been discharged from
19 a law enforcement agency of the United States or of any
20 state or of any political subdivision thereof, which shall
21 include a state's attorney's office, for reasons relating
22 to his or her conduct as an employee of that law
23 enforcement agency.
24 (8) Has passed an examination authorized by the
25 Department.
26 (9) Submits his or her fingerprints, proof of having

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1 general liability insurance required under subsection (b),
2 and the required license fee.
3 (10) Has not violated Section 10-5 of this Act.
4 (b) It is the responsibility of the applicant to obtain
5general liability insurance in an amount and coverage
6appropriate for the applicant's circumstances as determined by
7rule. The applicant shall provide evidence of insurance to the
8Department before being issued a license. Failure to maintain
9general liability insurance and to provide the Department with
10written proof of the insurance shall result in cancellation of
11the license.
12 (c) Any person who has been providing canine odor detection
13services for hire prior to January 1, 2005 is exempt from the
14requirements of item (6) of subsection (a) of this Section and
15may be granted a private detective license if (i) he or she
16meets the requirements of items (1) through (5) and items (7)
17through (10) of subsection (a) of this Section, (ii) pays all
18applicable fees, and (iii) presents satisfactory evidence to
19the Department of the provision of canine odor detection
20services for hire since January 1, 2005.
21 (d) A service member or veteran satisfies the requirements
22of paragraph (6) of this Section if he or she provides the
23Department with documentation that he or she has had
24substantially equivalent training or experience from his or her
25military service. For the purpose of this Section, "service
26member" and "military service" have the same meaning as in

HB3040- 68 -LRB098 07793 MGM 37873 b
1Section 5.2 of the Service Member's Employment Tenure Act. For
2the purposes of this Section, "veteran" means any person who
3has formerly served in any component of the U.S. Armed Forces
4or the National Guard of any state, the District of Columbia, a
5commonwealth, or a territory of the United States.
6(Source: P.A. 95-613, eff. 9-11-07.)
7 (225 ILCS 447/20-10)
8 (Section scheduled to be repealed on January 1, 2014)
9 Sec. 20-10. Qualifications for licensure as a private alarm
10contractor.
11 (a) A person is qualified for licensure as a private alarm
12contractor if he or she meets all of the following
13requirements:
14 (1) Is at least 21 years of age.
15 (2) Has not been convicted of any felony in any
16 jurisdiction or at least 10 years have elapsed since the
17 time of full discharge from a sentence imposed for a felony
18 conviction.
19 (3) Is of good moral character. Good moral character is
20 a continuing requirement of licensure. Conviction of
21 crimes other than felonies may be used in determining moral
22 character, but shall not constitute an absolute bar to
23 licensure.
24 (4) Has not been declared by any court of competent
25 jurisdiction to be incompetent by reason of mental or

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1 physical defect or disease, unless a court has subsequently
2 declared him or her to be competent.
3 (5) Is not suffering from dependence on alcohol or from
4 narcotic addiction or dependence.
5 (6) Has a minimum of 3 years experience during the 5
6 years immediately preceding the application (i) working as
7 a full-time manager for a licensed private alarm contractor
8 agency or (ii) working for a government or private entity
9 that inspects, reviews, designs, sells, installs,
10 operates, services, or monitors alarm systems that, in the
11 judgment of the Board, satisfies the standards of alarm
12 industry competence. An applicant who has received a 4-year
13 degree or higher in electrical engineering or a related
14 field from a program approved by the Board shall be given
15 credit for 2 years of the required experience. An applicant
16 who has successfully completed a national certification
17 program approved by the Board shall be given credit for one
18 year of the required experience.
19 (7) Has not been dishonorably discharged from the armed
20 forces of the United States.
21 (8) Has passed an examination authorized by the
22 Department.
23 (9) Submits his or her fingerprints, proof of having
24 general liability insurance required under subsection (c),
25 and the required license fee.
26 (10) Has not violated Section 10-5 of this Act.

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1 (b) (Blank).
2 (c) It is the responsibility of the applicant to obtain
3general liability insurance in an amount and coverage
4appropriate for the applicant's circumstances as determined by
5rule. The applicant shall provide evidence of insurance to the
6Department before being issued a license. Failure to maintain
7general liability insurance and to provide the Department with
8written proof of the insurance shall result in cancellation of
9the license.
10 (d) A service member or veteran satisfies the requirements
11of paragraph (6) of this Section if he or she provides the
12Department with documentation that he or she has had
13substantially equivalent training or experience from his or her
14military service. For the purpose of this Section, "service
15member" and "military service" have the same meaning as in
16Section 5.2 of the Service Member's Employment Tenure Act. For
17the purposes of this Section, "veteran" means any person who
18has formerly served in any component of the U.S. Armed Forces
19or the National Guard of any state, the District of Columbia, a
20commonwealth, or a territory of the United States.
21(Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10.)
22 (225 ILCS 447/25-10)
23 (Section scheduled to be repealed on January 1, 2014)
24 Sec. 25-10. Qualifications for licensure as a private
25security contractor.

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1 (a) A person is qualified for licensure as a private
2security contractor if he or she meets all of the following
3requirements:
4 (1) Is at least 21 years of age.
5 (2) Has not been convicted of any felony in any
6 jurisdiction or at least 10 years have elapsed since the
7 time of full discharge from a sentence imposed for a felony
8 conviction.
9 (3) Is of good moral character. Good character is a
10 continuing requirement of licensure. Conviction of crimes
11 other than felonies may be used in determining moral
12 character, but shall not constitute an absolute bar to
13 licensure.
14 (4) Has not been declared by any court of competent
15 jurisdiction to be incompetent by reason of mental or
16 physical defect or disease, unless a court has subsequently
17 declared him or her to be competent.
18 (5) Is not suffering from dependence on alcohol or from
19 narcotic addiction or dependence.
20 (6) Has a minimum of 3 years experience of the 5 years
21 immediately preceding application working as a full-time
22 manager for a licensed private security contractor agency
23 or a manager of a proprietary security force of 30 or more
24 persons registered with the Department or with 3 years
25 experience of the 5 years immediately preceding his or her
26 application employed as a full-time supervisor in a law

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1 enforcement agency of a federal or state political
2 subdivision, which shall include a state's attorney's
3 office or public defender's office. The Board and the
4 Department shall approve such full-time supervisory
5 experience. An applicant who has a baccalaureate degree or
6 higher in police science or a related field or a business
7 degree from an accredited college or university shall be
8 given credit for 2 of the 3 years of the required
9 experience. An applicant who has an associate degree in
10 police science or in a related field or in business from an
11 accredited college or university shall be given credit for
12 one of the 3 years of the required experience.
13 (7) Has not been dishonorably discharged from the armed
14 forces of the United States.
15 (8) Has passed an examination authorized by the
16 Department.
17 (9) Submits his or her fingerprints, proof of having
18 general liability insurance required under subsection (b),
19 and the required license fee.
20 (10) Has not violated Section 10-5 of this Act.
21 (b) It is the responsibility of the applicant to obtain
22general liability insurance in an amount and coverage
23appropriate for the applicant's circumstances as determined by
24rule. The applicant shall provide evidence of insurance to the
25Department before being issued a license. Failure to maintain
26general liability insurance and to provide the Department with

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1written proof of the insurance shall result in cancellation of
2the license.
3 (c) Any person who has been providing canine odor detection
4services for hire prior to January 1, 2005 is exempt from the
5requirements of item (6) of subsection (a) of this Section and
6may be granted a private security contractor license if (i) he
7or she meets the requirements of items (1) through (5) and
8items (7) through (10) of subsections (a) of this Section, (ii)
9pays all applicable fees, and (iii) presents satisfactory
10evidence to the Department of the provision of canine odor
11detection services for hire since January 1, 2005.
12 (d) A service member or veteran satisfies the requirements
13of paragraph (6) of this Section if he or she provides the
14Department with documentation that he or she has had
15substantially equivalent training or experience from his or her
16military service. For the purpose of this Section, "service
17member" and "military service" have the same meaning as in
18Section 5.2 of the Service Member's Employment Tenure Act. For
19the purposes of this Section, "veteran" means any person who
20has formerly served in any component of the U.S. Armed Forces
21or the National Guard of any state, the District of Columbia, a
22commonwealth, or a territory of the United States.
23(Source: P.A. 95-613, eff. 9-11-07.)
24 Section 120. The Coal Mining Act is amended by changing
25Sections 5.01 and 6.01 as follows:

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1 (225 ILCS 705/5.01) (from Ch. 96 1/2, par. 501)
2 Sec. 5.01. Each applicant for a certificate of competency
3as mine manager shall produce evidence satisfactory of the
4Mining Board that he is a citizen of the United States, at
5least 23 years of age; that he has had at least 4 years'
6practical underground mining experience; has been issued a
7Certificate of Competency as Mine Examiner, or its equivalent
8issued by another state; and that he has satisfactorily
9completed a course of instruction in first aid to the injured
10and mine rescue methods and appliances prescribed by the
11Department; and that he is a man of good repute and temperate
12habits. He shall also pass such examination as to his
13experience in mines and in the management of men; his knowledge
14of mine machinery and appliances; the use of surveying and
15other instruments used in mining; the properties of mine gases;
16the principles of ventilation; and the legal duties and
17responsibilities of mine managers, as shall be prescribed by
18the rules of the Mining Board.
19 Persons who have graduated and hold a degree in engineering
20or an approved 4-year program in coal mining technology from an
21accredited school, college or university are required to have
22only 2 years' practical underground mining experience to
23qualify for the examination for a Certificate of Competency.
24 Persons who have graduated and hold a two-year Associate in
25Applied Science Degree in Coal Mining Technology from an

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1accredited school, college or university are required to have
2only 3 years' practical underground mining experience to
3qualify for the examination for a Certificate of Competency.
4 A service member or veteran is qualified under this Section
5if he or she provides the Department with documentation that he
6or she has had substantially equivalent training or experience
7from his or her military service and successfully completes all
8necessary examinations. For the purpose of this Section,
9"service member" and "military service" have the same meaning
10as in Section 5.2 of the Service Member's Employment Tenure
11Act. For the purposes of this Section, "veteran" means any
12person who has formerly served in any component of the U.S.
13Armed Forces or the National Guard of any state, the District
14of Columbia, a commonwealth, or a territory of the United
15States.
16(Source: P.A. 79-876.)
17 (225 ILCS 705/6.01) (from Ch. 96 1/2, par. 601)
18 Sec. 6.01. Each applicant for a certificate of competency
19as mine examiner shall produce evidence satisfactory to the
20Mining Board that he is a citizen of the United States, at
21least 21 years of age and of good repute and temperate habits
22and that he has had at least 4 years practical underground
23mining experience, and has been issued a First Class
24Certificate of Competency by the Department of Natural
25Resources. He shall pass an examination as to his experience in

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1mines generating dangerous gases, his practical and
2technological knowledge of the nature and properties of mine
3gases, the laws of ventilation, the structures and use of
4safety lamps, and the laws of this State relating to safeguards
5against fires from any source in mines. He shall also submit to
6the Mining Board satisfactory evidence that he has completed a
7course of training in first aid to the injured and mine rescue
8methods and appliances prescribed by the Department. Persons
9who have graduated and hold a degree in engineering or an
10approved 4-year program in coal mining technology from an
11accredited school, college, or university, are required to have
12only 2 years of practical underground mining experience to
13qualify for the examination for a certificate of competency.
14 Persons who have graduated and hold a two-year Associate in
15Applied Science Degree in Coal Mining Technology from an
16accredited school, college or university are required to have
17only 3 years' practical underground mining experience to
18qualify for the examination for a Certificate of Competency as
19a Mine Examiner.
20 A service member or veteran is qualified under this Section
21if he or she provides the Department with documentation that he
22or she has had substantially equivalent training or experience
23from his or her military service and successfully completes all
24necessary examinations. For the purpose of this Section,
25"service member" and "military service" have the same meaning
26as in Section 5.2 of the Service Member's Employment Tenure

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1Act. For the purposes of this Section, "veteran" means any
2person who has formerly served in any component of the U.S.
3Armed Forces or the National Guard of any state, the District
4of Columbia, a commonwealth, or a territory of the United
5States.
6(Source: P.A. 89-445, eff. 2-7-96.)
7 Section 130. The Surface-Mined Land Conservation and
8Reclamation Act is amended by changing Section 6.5 as follows:
9 (225 ILCS 715/6.5)
10 Sec. 6.5. Blasting operations; regulation.
11 (a) Blasting operations at permitted and unpermitted sites
12operated by the aggregate mining industry shall be conducted
13only in accordance with existing State and federal law and
14rules promulgated by the Department with the advice of the
15aggregate mining industry. These rules shall include
16provisions to require all of the following:
17 (1) The maintenance of blasting records for a period of
18 at least 3 years and that the records be made available for
19 Department inspection and copying. However, these on-site
20 blasting records, as they relate to detonation, are deemed
21 to be proprietary information.
22 (2) The control of blasting operations so as to prevent
23 injury to persons and damage to public and private property
24 outside the blasting site.

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1 (3) That all blasting operations be conducted or
2 supervised by trained and competent persons as licensed by
3 the Department.
4 (4) That blasting operations be subject to air blast or
5 ground vibration monitoring, or both, as necessary to limit
6 property damage and protect public safety.
7 (5) The issuance of notices of violation in the event
8 of a violation of the Department's blasting rules.
9 (6) The issuance of orders requiring the cessation of
10 blasting operations in the event of a violation of the
11 Department's blasting rules that may cause injury to
12 persons or damage to public and private property outside
13 the blasting site.
14 (7) The assessment of civil penalties, and the
15 initiation of formal administrative hearings to resolve
16 violations of the Department's blasting rules.
17 (b) The Department shall promulgate rules requiring the
18training, examination, and licensing of persons engaging in or
19responsible for the blasting operation or use of explosives in
20aggregate mining operations. The rules shall include an
21administrative enforcement process designed to correct
22infractions of the terms of the blasting licenses issued by the
23Department. These rules may also include a fee schedule
24designed to defray the costs associated with the Department's
25examination and licensing of persons engaging in or responsible
26for the blasting operation or use of explosives in aggregate

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1mining operations.
2 A service member or veteran is qualified under this
3subsection if he or she provides the Department with
4documentation that he or she has had substantially equivalent
5training or experience from his or her military service and
6successfully completes all necessary examinations. For the
7purpose of this Section, "service member" and "military
8service" have the same meaning as in Section 5.2 of the Service
9Member's Employment Tenure Act. For the purposes of this
10Section, "veteran" means any person who has formerly served in
11any component of the U.S. Armed Forces or the National Guard of
12any state, the District of Columbia, a commonwealth, or a
13territory of the United States.
14 (c) The rules implementing the requirements of this Section
15shall become effective one year after the rules are adopted by
16the Department.
17 (d) The regulation of blasting operations at aggregate
18mining operations is an exclusive power and function of the
19State. A home rule unit may not regulate blasting operations at
20aggregate mining operations. This Section is a denial and
21limitation of home rule powers and functions under subsection
22(h) of Section 6 of Article VII of the Illinois Constitution.
23(Source: P.A. 89-26, eff. 6-23-95.)
24 Section 140. The Professional Geologist Licensing Act is
25amended by changing Section 50 as follows:

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1 (225 ILCS 745/50)
2 (Section scheduled to be repealed on January 1, 2016)
3 Sec. 50. Qualifications for licensure.
4 (a) The Department may issue a license to practice as a
5Licensed Professional Geologist to any applicant who meets the
6following qualifications:
7 (1) The applicant has completed an application form and
8 paid the required fees.
9 (2) The applicant is of good ethical character,
10 including compliance with the Code of Professional Conduct
11 and Ethics under this Act, and has not committed any act or
12 offense in any jurisdiction that would constitute the basis
13 for disciplining a Licensed Professional Geologist under
14 this Act.
15 (3) The applicant has earned a degree in geology from
16 an accredited college or university, as established by
17 rule, with a minimum of 30 semester or 45 quarter hours of
18 course credits in geology, of which 24 semester or 36
19 quarter hours are in upper level courses. The Department
20 may, upon the recommendation of the Board, allow the
21 substitution of appropriate experience as a geologist for
22 prescribed educational requirements as established by
23 rule.
24 (4) The applicant has a documented record of a minimum
25 of 4 years of professional experience, obtained after

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1 completion of the education requirements specified in this
2 Section, in geologic or directly related work,
3 demonstrating that the applicant is qualified to assume
4 responsible charge of such work upon licensure as a
5 Licensed Professional Geologist or such specialty of
6 professional geology that the Board may recommend and the
7 Department may recognize. The Department may require
8 evidence acceptable to it that up to 2 years of
9 professional experience have been gained under the
10 supervision of a person licensed under this Act or similar
11 Acts in any other state, or under the supervision of others
12 who, in the opinion of the Department, are qualified to
13 have responsible charge of geological work under this Act.
14 (5) The applicant has passed an examination authorized
15 by the Department for practice as a Licensed Professional
16 Geologist.
17 (6) The applicant has complied with all other
18 requirements of this Act and rules established for the
19 implementation of this Act.
20 (b) A license to practice as a Licensed Professional
21Geologist shall not be denied any applicant because of the
22applicant's race, religion, creed, national origin, political
23beliefs or activities, age, sex, sexual orientation, or
24physical impairment.
25 (c) The Department may establish by rule an intern process
26to, in part, allow (1) a graduate who has earned a degree in

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1geology from an accredited college or university in accordance
2with this Act or (2) a student in a degree program at an
3accredited college or university who has completed the
4necessary course requirements established in this Section to
5request to take one or both parts of the examination required
6by the Department. The Department may set by rule the criteria
7for the process, including, but not limited to, the educational
8requirements, exam requirements, experience requirements,
9remediation requirements, and any fees or applications
10required for the process. The Department may also set by rule
11provisions concerning disciplinary guidelines and the use of
12the title "intern" or "trainee" by a graduate or student who
13has passed the required examination.
14 A service member or veteran is qualified under paragraphs
15(3) and (4) of this Section if he or she provides the
16Department with documentation that he or she has had
17substantially equivalent training or experience from his or her
18military service. For the purpose of this Section, "service
19member" and "military service" have the same meaning as in
20Section 5.2 of the Service Member's Employment Tenure Act. For
21the purposes of this Section, "veteran" means any person who
22has formerly served in any component of the U.S. Armed Forces
23or the National Guard of any state, the District of Columbia, a
24commonwealth, or a territory of the United States.
25(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
26 Section 999. Effective date. This Act takes effect upon

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1becoming law.

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1 INDEX
2 Statutes amended in order of appearance
3 225 ILCS 5/9from Ch. 111, par. 7609
4 225 ILCS 25/9from Ch. 111, par. 2309
5 225 ILCS 52/25
6 225 ILCS 60/11from Ch. 111, par. 4400-11
7 225 ILCS 65/55-10was 225 ILCS 65/10-30
8 225 ILCS 70/8from Ch. 111, par. 3658
9 225 ILCS 84/40
10 225 ILCS 85/9.5
11 225 ILCS 90/8from Ch. 111, par. 4258
12 225 ILCS 95/12from Ch. 111, par. 4612
13 225 ILCS 100/10from Ch. 111, par. 4810
14 225 ILCS 115/8from Ch. 111, par. 7008
15 225 ILCS 130/45
16 225 ILCS 305/13from Ch. 111, par. 1313
17 225 ILCS 312/45
18 225 ILCS 317/20
19 225 ILCS 325/10from Ch. 111, par. 5210
20 225 ILCS 325/11from Ch. 111, par. 5211
21 225 ILCS 330/12from Ch. 111, par. 3262
22 225 ILCS 340/9from Ch. 111, par. 6609
23 225 ILCS 345/9from Ch. 111, par. 7110
24 225 ILCS 410/2-2from Ch. 111, par. 1702-2
25 225 ILCS 410/2-4from Ch. 111, par. 1702-4

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