Illinois General Assembly - Full Text of SB0326
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Full Text of SB0326  100th General Assembly

SB0326sam001 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/11/2017

 

 


 

 


 
10000SB0326sam001LRB100 04921 SMS 26260 a

1
AMENDMENT TO SENATE BILL 326

2    AMENDMENT NO. ______. Amend Senate Bill 326 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.32 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Collateral Recovery Act.
11    The Detection of Deception Examiners Act.
12    The Home Inspector License Act.
13    The Registered Interior Designers Design Title Act.
14    The Massage Licensing Act.
15    The Petroleum Equipment Contractors Licensing Act.
16    The Real Estate Appraiser Licensing Act of 2002.

 

 

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1    The Water Well and Pump Installation Contractor's License
2Act.
3(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
497-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
58-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
6eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
 
7    Section 10. The Interior Design Title Act is amended by
8changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 and by adding
9Sections 11.5 and 30.5 as follows:
 
10    (225 ILCS 310/1)  (from Ch. 111, par. 8201)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 1. Short title. This Act may be cited as the
13Registered Interior Designers Design Title Act.
14(Source: P.A. 92-104, eff. 7-20-01.)
 
15    (225 ILCS 310/2)  (from Ch. 111, par. 8202)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 2. Public policy. Interior design in the State of
18Illinois is hereby declared to affect the public health,
19safety, and welfare and to be subject to regulation and control
20in the public interest. It is further declared to be a matter
21of public interest and concern that the interior design
22profession professions merit and receive the confidence of the
23public and that only qualified persons be permitted to use the

 

 

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1title of registered interior designer in the State of Illinois.
2This Act shall be liberally construed to carry out these
3objectives and purposes.
4(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
5    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 3. Definitions. As used in this Act:
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Secretary" means the Secretary of Financial and
11Professional Regulation.
12    "Board" means the Board of Registered Interior Design
13Professionals established under Section 6 of this Act.
14    "Department" means the Department of Financial and
15Professional Regulation.
16    "The profession of interior design", within the meaning and
17intent of this Act, refers to persons qualified by education,
18experience, and examination, who administer contracts for
19fabrication, procurement, or installation in the
20implementation of designs, drawings, and specifications for
21any interior design project and offer or furnish professional
22services, such as consultations, studies, drawings, and
23specifications in connection with the location of lighting
24fixtures, lamps and specifications of ceiling finishes as shown
25in reflected ceiling plans, space planning, furnishings, or the

 

 

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1fabrication of non-loadbearing structural elements within and
2surrounding interior spaces of buildings but specifically
3excluding mechanical and electrical systems, except for
4specifications of fixtures and their location within interior
5spaces.
6    "Public member" means a person who is not an interior
7designer, educator in the field, architect, structural
8engineer, or professional engineer. For purposes of board
9membership, any person with a significant financial interest in
10the design or construction service or profession is not a
11public member.
12    "Registered interior designer" means a person who has
13received registration under Section 8 of this Act. A person
14represents himself or herself to be a "registered interior
15designer" within the meaning of this Act if he or she holds
16himself or herself out to the public by any title incorporating
17the words "registered interior designer" or any title that
18includes the words "registered interior design".
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "The profession of interior design", within the meaning and
22intent of this Act, refers to persons qualified by education,
23experience, and examination, who administer contracts for
24fabrication, procurement, or installation in the
25implementation of designs, drawings, and specifications for
26any interior design project and offer or furnish professional

 

 

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1services, such as consultations, studies, drawings, and
2specifications in connection with the location of lighting
3fixtures, lamps and specifications of ceiling finishes as shown
4in reflected ceiling plans, space planning, furnishings, or the
5fabrication of non-loadbearing structural elements within and
6surrounding interior spaces of buildings but specifically
7excluding mechanical and electrical systems, except for
8specifications of fixtures and their location within interior
9spaces.
10    A person represents himself or herself to be a "registered
11interior designer" within the meaning of this Act if he or she
12holds himself or herself out to the public by any title
13incorporating the words "registered interior designer" or any
14title that includes the words "registered interior design".
15(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
16    (225 ILCS 310/5)  (from Ch. 111, par. 8205)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5. Powers and duties of the Department. Subject to the
19provisions of this Act, the Department shall exercise the
20following functions, powers, and duties:
21        (a) To conduct or authorize examinations to ascertain
22    the fitness and qualifications of applicants for
23    registration and issue certificates of registration to
24    those who are found to be fit and qualified.
25        (b) To prescribe rules and regulations for a method of

 

 

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1    examination of candidates. The Department shall designate
2    as its examination for registered interior designers the
3    National Council for Interior Design Qualification
4    examination.
5        (c) To adopt as its own rules relating to education and
6    experience requirements, those guidelines published from
7    time to time by the Council for Interior Design
8    Accreditation Foundation for Interior Design Education
9    Research or its successor entity equivalent.
10        (d) To conduct hearings on proceedings to revoke,
11    suspend, or refuse to issue certificates of registration.
12        (e) To promulgate rules and regulations required for
13    the administration of this Act.
14        (f) The Department is encouraged to:
15            (1) maintain membership in the Council for
16        Interior Design Qualification and participate in
17        activities of the Council for Interior Design
18        Qualification Council of Delegates; and
19            (2) designate at least one employee of the
20        Department to attend national and regional meetings of
21        the Council for Interior Design Qualification. All
22        costs associated with Department membership and
23        attendance of the delegate to any national or regional
24        Council for Interior Design Qualification meetings may
25        be funded from the General Professions Dedicated Fund.
26(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 

 

 

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1    (225 ILCS 310/8)  (from Ch. 111, par. 8208)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 8. Requirements for registration.
4    (a) Each applicant for registration shall apply to the
5Department in writing on a form provided by the Department.
6Except as otherwise provided in this Act, each applicant shall
7take and pass the examination approved by the Department. Prior
8to registration, the applicant shall provide substantial
9evidence to the Board that the applicant: (1) is a graduate of
10a 5 year interior design program from an accredited institution
11and has completed at least 2 years of full time diversified
12interior design experience; (2) is a graduate of a 4 year
13interior design program from an accredited institution and has
14completed at least 2 years of full time diversified interior
15design experience; (3) has completed at least 3 years of
16interior design curriculum from an accredited institution and
17has completed 3 years of full time diversified interior design
18experience; (4) is a graduate of a 2 year interior design
19program from an accredited institution and has completed 4
20years of full time diversified interior design experience; or
21(5) (blank). (b) In addition to providing evidence of meeting
22the requirements of subsection (a): (1) Each applicant for
23registration as a registered interior designer shall provide
24substantial evidence, including written documentation, to the
25Department that he or she has successfully passed completed the

 

 

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1examination administered by the National Council for Interior
2Design Qualification Qualifications. The evidence and
3documentation shall be placed on file at the Department and be
4available to the Board.
5        (2) (Blank).
6    Examinations for applicants under this Act may be held at
7the direction of the Department from time to time but not less
8than once each year. The scope and form of the examination
9shall conform to the National Council for Interior Design
10Qualification examination for interior designers.
11    (b) Each applicant for registration who possesses the
12necessary qualifications shall pay to the Department the
13required registration fee, which is not refundable, at the time
14of filing his or her application.
15    (c) An individual may apply applying for original
16registration prior to passing the National Council for Interior
17Design Qualification examination. He or she shall have 2 years
18after 3 years from the date of filing an application to pass
19the examination complete the application process. If evidence
20and documentation of passing the examination is received by the
21Department later than 2 years after the individual's filing the
22process has not been completed in 3 years, the application
23shall be denied and the fee forfeited. The applicant may
24reapply at any time , but shall meet the requirements in effect
25at the time of reapplication.
26    (c) (Blank).

 

 

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1    (c-5) (Blank).
2    (d) Upon payment of the required fee, which shall be
3determined by rule, an applicant who is an architect licensed
4under the laws of this State may, without passing the National
5Council for Interior Design Qualification examination, be
6granted registration as a registered interior designer by the
7Department provided the applicant submits proof of an active
8architectural license in Illinois.
9    (e) (Blank).
10(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
11    (225 ILCS 310/9)  (from Ch. 111, par. 8209)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 9. Expiration; renewal; restoration.
14    (a) The expiration date and renewal period for each
15certificate of registration issued under this Act shall be set
16by rule. A registrant may renew such registration during the
17month preceding its expiration date by paying the required
18renewal fee.
19    (b) Inactive status.
20        (1) Any registrant who notifies the Department in
21    writing on forms prescribed by the Department may elect to
22    place his or her certificate of registration on an inactive
23    status and shall, subject to rules of the Department, be
24    excused from payment of renewal fees until he or she
25    notifies the Department in writing of his or her desire to

 

 

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1    resume active status.
2        (2) Any registrant requesting restoration from
3    inactive status shall be required to pay the current
4    renewal fee and shall be required to restore his or her
5    registration.
6        (3) Any registrant whose registration is on inactive
7    status shall not use the title "registered interior
8    designer" in the State of Illinois.
9        (4) Any registrant who uses the title "registered
10    interior designer" while his or her certificate of
11    registration is lapsed or inactive shall be considered to
12    be using the title without a registration which shall be
13    grounds for discipline under Section 13 of this Act.
14    (c) Any registrant whose registration has expired may have
15his or her certificate of registration restored at any time
16within 5 years after its expiration, upon payment of the
17required fee.
18    (d) Any person whose registration has been expired for more
19than 5 years may have his or her registration restored by
20making application to the Department and filing proof
21acceptable to the Department of his or her fitness to have his
22or her registration restored, including sworn evidence
23certifying to active lawful practice in another jurisdiction,
24and by paying the required restoration fee. A person using the
25title "registered interior designer" on an expired
26registration is deemed to be in violation of this Act.

 

 

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1    (e) If a person whose certificate of registration has
2expired has not maintained active status in another
3jurisdiction, the Department shall determine, by an evaluation
4process established by rule, his or her fitness to resume
5active status and may require the person to complete a period
6of evaluated practical experience, and may require successful
7completion of an examination.
8    (f) Any person whose certificate of registration has
9expired while he or she has been engaged (1) in federal or
10State service active duty, or (2) in training or education
11under the supervision of the United States preliminary to
12induction into the military service, may have his or her
13registration restored without paying any lapsed renewal or
14restoration fee if, within 2 years after termination of such
15service, training or education, he or she furnishes the
16Department with satisfactory proof that he or she has been so
17engaged and that his or her service, training, or education has
18been so terminated.
19    (g) An individual applying for restoration of a
20registration shall have 3 years from the date of application to
21complete the application process. If the process has not been
22completed in 3 years, the application shall be denied and the
23fee forfeited. The applicant may reapply at any time , but shall
24meet the requirement in effect at the time of reapplication.
25(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 

 

 

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1    (225 ILCS 310/10)  (from Ch. 111, par. 8210)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 10. Foreign applicants. Upon payment of the required
4fee, an applicant who is an interior designer currently
5registered, certified, or licensed under the laws of another
6state or territory of the United States or a foreign country or
7province shall, without further examination, be granted
8registration as an interior designer, as the case may be, by
9the Department if, as determined by the Department, the
10applicant provides adequate documentation establishing:
11        (1) that the applicant has passed the National Council
12    for Interior Design Qualification examination; and
13        (2) the applicant's current licensure, certification,
14    or registration with regard to the practice of interior
15    design in one or more jurisdictions; (a) whenever the
16    requirements of such state or territory of the United
17    States or a foreign country or province were, at the date
18    of registration, certification, or licensure,
19    substantially equal to or greater than the requirements
20    then in force in this State. ; or
21        (b) whenever such requirements of another state or
22    territory of the United States or a foreign country or
23    province together with educational and professional
24    qualifications, as distinguished from practical
25    experience, of the applicant since obtaining a license as
26    an interior designer in such state or territory of the

 

 

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1    United States are substantially equal to the requirements
2    in force in Illinois at the time of application for
3    registration.
4(Source: P.A. 96-1334, eff. 7-27-10.)
 
5    (225 ILCS 310/11.5 new)
6    Sec. 11.5. Continuing education.
7    (a) This Section applies to an individual applying for
8renewal or restoration of registration as a registered interior
9designer.
10    (b) An applicant for renewal of registration shall submit
11proof to the Department of having completed 24 continuing
12education units from one or more Department approved continuing
13education providers during the term of the registration.
14    An applicant shall prove completion of continuing
15education units by submitting with the registration renewal
16application the following information:
17        (1) Official documentation from a continuing education
18    provider, including:
19            (A) the name and address of the continuing
20        education provider;
21            (B) the dates on which the applicant attended the
22        provider's continuing education course;
23            (C) the name of the continuing education course and
24        a description of the subject matter covered; and
25            (D) the hours of credit earned by the applicant due

 

 

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1        to his or her successful completion of the continuing
2        education course.
3        (2) Satisfactory documentation that a total of at least
4    12 continuing education units addresses one or more of the
5    following subject matters:
6            (A) The health, wellness, or overall consumer
7        protection of building occupants.
8            (B) Public safety, with an emphasis on the impact
9        and application of the State, county, and local
10        building codes, especially those pertaining to fire
11        safety within interior spaces of a building or
12        structure.
13            (C) Resiliency.
14            (D) Sustainability.
15            (E) The impact and application of the federal
16        Americans with Disabilities Act and State, county, or
17        local accessibility standards or laws, such as the
18        Environmental Barriers Act and the Illinois
19        Accessibility Code.
20    (c) An individual with an expired registration of more than
21one year seeking to restore the registration is required to
22meet the same continuing education requirements as an
23individual applying for renewal.
24    (d) The Department shall only approve continuing education
25providers that have an established track record of annual
26course offerings that contribute to individuals' growth of

 

 

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1professional competence in the practice of interior design.
2    (e) The Department may, in its discretion, grant extensions
3of no more than one year for renewal after expiration if the
4individual applicant's failure to submit proof of completion of
5required continuing education units was due to emergency or
6hardship, including:
7        (1) serious and protracted illness of the applicant;
8        (2) the death or serious and protracted illness of a
9    member of the applicant's immediate family; or
10        (3) the applicant or the applicant's spouse being on
11    extended active military duty.
12    An extension granted under this Section does not relieve a
13registered interior designer from complying with the
14continuing education requirement.
 
15    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 13. Refusal, revocation or suspension of
18registration. The Department may refuse to issue, renew, or
19restore or may revoke, suspend, place on probation, reprimand
20or take other disciplinary action as the Department may deem
21proper, including fines not to exceed $5,000 for each
22violation, with regard to any registration for any one or
23combination of the following causes:
24        (a) Fraud in procuring the certificate of
25    registration.

 

 

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1        (b) Habitual intoxication or addiction to the use of
2    drugs.
3        (c) Making any misrepresentations or false promises,
4    directly or indirectly, to influence, persuade, or induce
5    patronage.
6        (d) Professional connection or association with, or
7    lending his or her name, to another for illegal use of the
8    title "registered interior designer", or professional
9    connection or association with any person, firm, or
10    corporation holding itself out in any manner contrary to
11    this Act.
12        (e) Obtaining or seeking to obtain checks, money, or
13    any other items of value by false or fraudulent
14    representations.
15        (f) Use of the title under a name other than his or her
16    own.
17        (g) Improper, unprofessional, or dishonorable conduct
18    of a character likely to deceive, defraud, or harm the
19    public.
20        (h) Conviction in this or another state, or federal
21    court, of any crime which is a felony, if the Department
22    determines, after investigation, that such person has not
23    been sufficiently rehabilitated to warrant the public
24    trust.
25        (i) A violation of any provision of this Act or its
26    rules.

 

 

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1        (j) Revocation by another state, the District of
2    Columbia, territory, or foreign nation of an interior
3    design or residential interior design license,
4    certification, or registration if at least one of the
5    grounds for that revocation is the same as or the
6    equivalent of one of the grounds for revocation set forth
7    in this Act.
8        (k) Mental incompetence as declared by a court of
9    competent jurisdiction.
10        (l) Being named as a perpetrator in an indicated report
11    by the Department of Children and Family Services pursuant
12    to the Abused and Neglected Child Reporting Act, and upon
13    proof by clear and convincing evidence that the registrant
14    has caused a child to be an abused child or neglected child
15    as defined in the Abused and Neglected Child Reporting Act.
16    (m) Aiding or assisting another person in violating any
17provision of this Act or its rules.
18    (n) Failure to provide information in response to a written
19request made by the Department within 30 days after receipt of
20the written request.
21    (o) Physical illness, including, but not limited to,
22deterioration through the aging process or loss of motor skill
23that results in the inability to practice interior design with
24reasonable judgment, skill, or safety.
25    The Department shall deny a registration or renewal
26authorized by this Act to any person who has defaulted on an

 

 

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1educational loan guaranteed by the Illinois Student Assistance
2Commission; however, the Department may issue a certificate of
3registration or renewal if such person has established a
4satisfactory repayment record as determined by the Illinois
5Student Assistance Commission.
6    The Department may refuse to issue or may suspend the
7registration of any person who fails to file a return, or to
8pay the tax, penalty, or interest showing in a filed return, or
9to pay any final assessment of tax, penalty, or interest, as
10required by any tax Act administered by the Illinois Department
11of Revenue, until such time as the requirements of any such tax
12Act are satisfied.
13    The entry of a decree by any circuit court establishing
14that any person holding a certificate of registration under
15this Act is a person subject to involuntary admission under the
16Mental Health and Developmental Disabilities Code shall
17operate as a suspension of that registration. That person may
18resume using the title "registered interior designer" only upon
19a finding by the Board that he or she has been determined to be
20no longer subject to involuntary admission by the court and
21upon the Board's recommendation to the Director that he or she
22be permitted to resume using the title "registered interior
23designer".
24(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
25    (225 ILCS 310/30.5 new)

 

 

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1    Sec. 30.5. Roster. The Department shall annually prepare a
2roster showing the names and addresses of all registered
3interior designers. This roster shall be available online and
4electronically upon written request and payment of a required
5fee as determined by the Department.
 
6    Section 15. The Unified Code of Corrections is amended by
7changing Section 5-5-5 as follows:
 
8    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
9    Sec. 5-5-5. Loss and Restoration of Rights.
10    (a) Conviction and disposition shall not entail the loss by
11the defendant of any civil rights, except under this Section
12and Sections 29-6 and 29-10 of The Election Code, as now or
13hereafter amended.
14    (b) A person convicted of a felony shall be ineligible to
15hold an office created by the Constitution of this State until
16the completion of his sentence.
17    (c) A person sentenced to imprisonment shall lose his right
18to vote until released from imprisonment.
19    (d) On completion of sentence of imprisonment or upon
20discharge from probation, conditional discharge or periodic
21imprisonment, or at any time thereafter, all license rights and
22privileges granted under the authority of this State which have
23been revoked or suspended because of conviction of an offense
24shall be restored unless the authority having jurisdiction of

 

 

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1such license rights finds after investigation and hearing that
2restoration is not in the public interest. This paragraph (d)
3shall not apply to the suspension or revocation of a license to
4operate a motor vehicle under the Illinois Vehicle Code.
5    (e) Upon a person's discharge from incarceration or parole,
6or upon a person's discharge from probation or at any time
7thereafter, the committing court may enter an order certifying
8that the sentence has been satisfactorily completed when the
9court believes it would assist in the rehabilitation of the
10person and be consistent with the public welfare. Such order
11may be entered upon the motion of the defendant or the State or
12upon the court's own motion.
13    (f) Upon entry of the order, the court shall issue to the
14person in whose favor the order has been entered a certificate
15stating that his behavior after conviction has warranted the
16issuance of the order.
17    (g) This Section shall not affect the right of a defendant
18to collaterally attack his conviction or to rely on it in bar
19of subsequent proceedings for the same offense.
20    (h) No application for any license specified in subsection
21(i) of this Section granted under the authority of this State
22shall be denied by reason of an eligible offender who has
23obtained a certificate of relief from disabilities, as defined
24in Article 5.5 of this Chapter, having been previously
25convicted of one or more criminal offenses, or by reason of a
26finding of lack of "good moral character" when the finding is

 

 

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1based upon the fact that the applicant has previously been
2convicted of one or more criminal offenses, unless:
3        (1) there is a direct relationship between one or more
4    of the previous criminal offenses and the specific license
5    sought; or
6        (2) the issuance of the license would involve an
7    unreasonable risk to property or to the safety or welfare
8    of specific individuals or the general public.
9    In making such a determination, the licensing agency shall
10consider the following factors:
11        (1) the public policy of this State, as expressed in
12    Article 5.5 of this Chapter, to encourage the licensure and
13    employment of persons previously convicted of one or more
14    criminal offenses;
15        (2) the specific duties and responsibilities
16    necessarily related to the license being sought;
17        (3) the bearing, if any, the criminal offenses or
18    offenses for which the person was previously convicted will
19    have on his or her fitness or ability to perform one or
20    more such duties and responsibilities;
21        (4) the time which has elapsed since the occurrence of
22    the criminal offense or offenses;
23        (5) the age of the person at the time of occurrence of
24    the criminal offense or offenses;
25        (6) the seriousness of the offense or offenses;
26        (7) any information produced by the person or produced

 

 

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1    on his or her behalf in regard to his or her rehabilitation
2    and good conduct, including a certificate of relief from
3    disabilities issued to the applicant, which certificate
4    shall create a presumption of rehabilitation in regard to
5    the offense or offenses specified in the certificate; and
6        (8) the legitimate interest of the licensing agency in
7    protecting property, and the safety and welfare of specific
8    individuals or the general public.
9    (i) A certificate of relief from disabilities shall be
10issued only for a license or certification issued under the
11following Acts:
12        (1) the Animal Welfare Act; except that a certificate
13    of relief from disabilities may not be granted to provide
14    for the issuance or restoration of a license under the
15    Animal Welfare Act for any person convicted of violating
16    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
17    Care for Animals Act or Section 26-5 or 48-1 of the
18    Criminal Code of 1961 or the Criminal Code of 2012;
19        (2) the Illinois Athletic Trainers Practice Act;
20        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
21    and Nail Technology Act of 1985;
22        (4) the Boiler and Pressure Vessel Repairer Regulation
23    Act;
24        (5) the Boxing and Full-contact Martial Arts Act;
25        (6) the Illinois Certified Shorthand Reporters Act of
26    1984;

 

 

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1        (7) the Illinois Farm Labor Contractor Certification
2    Act;
3        (8) the Registered Interior Designers Design Title
4    Act;
5        (9) the Illinois Professional Land Surveyor Act of
6    1989;
7        (10) the Illinois Landscape Architecture Act of 1989;
8        (11) the Marriage and Family Therapy Licensing Act;
9        (12) the Private Employment Agency Act;
10        (13) the Professional Counselor and Clinical
11    Professional Counselor Licensing and Practice Act;
12        (14) the Real Estate License Act of 2000;
13        (15) the Illinois Roofing Industry Licensing Act;
14        (16) the Professional Engineering Practice Act of
15    1989;
16        (17) the Water Well and Pump Installation Contractor's
17    License Act;
18        (18) the Electrologist Licensing Act;
19        (19) the Auction License Act;
20        (20) the Illinois Architecture Practice Act of 1989;
21        (21) the Dietitian Nutritionist Practice Act;
22        (22) the Environmental Health Practitioner Licensing
23    Act;
24        (23) the Funeral Directors and Embalmers Licensing
25    Code;
26        (24) the Land Sales Registration Act of 1999;

 

 

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1        (25) the Professional Geologist Licensing Act;
2        (26) the Illinois Public Accounting Act; and
3        (27) the Structural Engineering Practice Act of 1989.
4(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
597-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
61-25-13; 98-756, eff. 7-16-14.)
 
7    Section 20. The Mechanics Lien Act is amended by changing
8Section 1 as follows:
 
9    (770 ILCS 60/1)  (from Ch. 82, par. 1)
10    Sec. 1. Contractor defined; amount of lien; waiver of lien;
11attachment of lien; agreement to waive; when not enforceable.
12    (a) Any person who shall by any contract or contracts,
13express or implied, or partly expressed or implied, with the
14owner of a lot or tract of land, or with one whom the owner has
15authorized or knowingly permitted to contract, to improve the
16lot or tract of land or for the purpose of improving the tract
17of land, or to manage a structure under construction thereon,
18is known under this Act as a contractor and has a lien upon the
19whole of such lot or tract of land and upon adjoining or
20adjacent lots or tracts of land of such owner constituting the
21same premises and occupied or used in connection with such lot
22or tract of land as a place of residence or business; and in
23case the contract relates to 2 or more buildings, on 2 or more
24lots or tracts of land, upon all such lots and tracts of land

 

 

10000SB0326sam001- 25 -LRB100 04921 SMS 26260 a

1and improvements thereon for the amount due to him or her for
2the material, fixtures, apparatus, machinery, services or
3labor, and interest at the rate of 10% per annum from the date
4the same is due. This lien extends to an estate in fee, for
5life, for years, or any other estate or any right of redemption
6or other interest that the owner may have in the lot or tract
7of land at the time of making such contract or may subsequently
8acquire and this lien attaches as of the date of the contract.
9    (b) As used in subsection (a) of this Section, "improve"
10means to furnish labor, services, material, fixtures,
11apparatus or machinery, forms or form work in the process of
12construction where cement, concrete or like material is used
13for the purpose of or in the building, altering, repairing or
14ornamenting any house or other building, walk or sidewalk,
15whether the walk or sidewalk is on the land or bordering
16thereon, driveway, fence or improvement or appurtenances to the
17lot or tract of land or connected therewith, and upon, over or
18under a sidewalk, street or alley adjoining; or fill, sod or
19excavate such lot or tract of land, or do landscape work
20thereon or therefor; or raise or lower any house thereon or
21remove any house thereto, or remove any house or other
22structure therefrom, or perform any services or incur any
23expense as an architect, structural engineer, professional
24engineer, land surveyor, registered interior designer, or
25property manager in, for, or on a lot or tract of land for any
26such purpose; or drill any water well thereon; or furnish or

 

 

10000SB0326sam001- 26 -LRB100 04921 SMS 26260 a

1perform labor or services as superintendent, time keeper,
2mechanic, laborer or otherwise, in the building, altering,
3repairing or ornamenting of the same; or furnish material,
4fixtures, apparatus, machinery, labor or services, forms or
5form work used in the process of construction where concrete,
6cement or like material is used, or drill any water well on the
7order of his agent, architect, structural engineer, registered
8interior designer, or superintendent having charge of the
9improvements, building, altering, repairing, or ornamenting
10the same.
11    (c) The taking of additional security by the contractor or
12sub-contractor is not a waiver of any right of lien which he
13may have by virtue of this Act, unless made a waiver by express
14agreement of the parties and the waiver is not prohibited by
15this Act.
16    (d) An agreement to waive any right to enforce or claim any
17lien under this Act, or an agreement to subordinate the lien,
18where the agreement is in anticipation of and in consideration
19for the awarding of a contract or subcontract, either express
20or implied, to perform work or supply materials for an
21improvement upon real property is against public policy and
22unenforceable. This Section does not prohibit release of lien
23under subsection (b) of Section 35 of this Act, nor does it
24prohibit an agreement to subordinate a mechanics lien to a
25mortgage lien that secures a construction loan if that
26agreement is made after more than 50% of the loan has been

 

 

10000SB0326sam001- 27 -LRB100 04921 SMS 26260 a

1disbursed to fund improvements to the property.
2(Source: P.A. 98-764, eff. 7-16-14.)
 
3    Section 99. Effective date. This Act takes effect January
41, 2018.".