Public Act 100-0920
 
SB0335 EnrolledLRB100 05119 RJF 15129 b



    AN ACT concerning regulation.

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




 
    Section 5. The Regulatory Sunset Act is amended  by changing 
Section 4.32 as follows:
 
    (5 ILCS 80/4.32)
    Sec. 4.32. Acts repealed on January 1, 2022. The following 
Acts are repealed on January 1, 2022:
    The Boxing and Full-contact Martial Arts Act. 
    The Collateral Recovery Act.
    The Detection of Deception Examiners Act.

    The Home Inspector License Act.

    The Registered Interior Designers Design Title Act.

    The Massage Licensing Act.

    The Petroleum Equipment Contractors Licensing Act.


    The Real Estate Appraiser Licensing Act of 2002.
    The Water Well and Pump Installation Contractor's License 
Act. 
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; 
97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. 
8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, 
eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
 
    Section 10. The Interior Design Title Act is amended  by 
changing Sections 1, 2, 3, 5, 8, 9, 10, and 13 as follows:
 



    (225 ILCS 310/1)  (from Ch. 111, par. 8201)



    (Section scheduled to be repealed on January 1, 2022)

    Sec. 1. Short title. This Act may be cited as the

Registered Interior Designers Design Title Act.

(Source: P.A. 92-104, eff. 7-20-01.)

 


    (225 ILCS 310/2)  (from Ch. 111, par. 8202)




    (Section scheduled to be repealed on January 1, 2022)
    Sec. 2. Public policy. Interior design in the State of 
Illinois is hereby
declared to affect the public health, 
safety, and welfare and to be subject to
regulation and control 
in the public interest. It is further declared to be a matter 
of public interest and
concern that the interior design 
profession professions
merit and receive the confidence of the 
public and that only qualified persons
be permitted to use the 
title of registered interior designer in the State of Illinois.  
This Act shall be liberally construed to
carry out these 
objectives and purposes.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

 


    (225 ILCS 310/3)  (from Ch. 111, par. 8203)




    (Section scheduled to be repealed on January 1, 2022)
    Sec. 3. Definitions. As used in this Act:

    "Department" means the Department of Financial and 
Professional
Regulation.

    "Secretary" means the Secretary of Financial and 
Professional
Regulation.

    "Board" means the Board of Registered Interior Design 
Professionals established
under Section 6 of this Act.

    "Department" means the Department of Financial and 
Professional Regulation. 
    "The profession of interior design", within the meaning and 
intent
of this Act, refers to persons qualified by education, 
experience, and
examination, who administer contracts for 
fabrication, procurement, or
installation in the 
implementation of designs, drawings, and specifications
for 
any interior design project and offer or furnish professional 
services,
such as consultations, studies, drawings, and 
specifications in connection
with the location of lighting 
fixtures, lamps and specifications of ceiling
finishes as shown 
in reflected ceiling plans, space planning, furnishings,
or the 
fabrication of non-loadbearing structural elements within and

surrounding interior spaces of buildings but specifically 
excluding
mechanical and electrical systems, except for 
specifications of fixtures
and their location within interior 
spaces. 
    "Public member" means a person who is not an interior 
designer,
educator in the field, architect, structural 
engineer, or professional
engineer.  For purposes of board 
membership, any person with a significant
financial interest in 
the design or construction service or profession is
not a 
public member.

    "Registered interior designer" means a person who has 
received registration
under Section 8 of this Act. A person 
represents himself or herself to be a "registered interior 
designer" within the meaning of this Act if he or she holds 
himself or herself out to the public by any title incorporating 
the words "registered interior designer" or any title that 
includes the words "registered interior design". 





    "Secretary" means the Secretary of Financial and 
Professional Regulation.
    "The profession of interior design", within the meaning and 
intent
of this Act, refers to persons qualified by education, 
experience, and
examination, who administer contracts for 
fabrication, procurement, or
installation in the 
implementation of designs, drawings, and specifications
for 
any interior design project and offer or furnish professional 
services,
such as consultations, studies, drawings, and 
specifications in connection
with the location of lighting 
fixtures, lamps and specifications of ceiling
finishes as shown 
in reflected ceiling plans, space planning, furnishings,
or the 
fabrication of non-loadbearing structural elements within and

surrounding interior spaces of buildings but specifically 
excluding
mechanical and electrical systems, except for 
specifications of fixtures
and their location within interior 
spaces.

    A person represents himself or herself to be a "registered 
interior designer" within the
meaning of this Act if he or she 
holds himself or herself out to the public by any title

incorporating the words "registered interior designer" or any

title that includes the words "registered interior design".

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

 


    (225 ILCS 310/5)  (from Ch. 111, par. 8205)




    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5. Powers and duties of the Department. Subject to the

provisions of this Act, the Department shall exercise the 
following
functions, powers, and duties:

        (a) To conduct or authorize examinations to ascertain 
    the fitness and
qualifications of applicants for 
    registration and issue certificates of
registration to 
    those who are found to be fit and qualified.

        (b) To prescribe rules and regulations for a method of 
    examination of
candidates.  The Department shall designate 
    as its examination for registered interior
designers the 
    National Council for Interior Design Qualification 
    examination.


        (c) To adopt as its own rules relating to education 
    requirements, those guidelines published from time to time 
    by the Council for Interior Design Accreditation

    Foundation for Interior Design Education Research or its 
    successor entity equivalent.

        (d) To conduct hearings on proceedings to revoke, 
    suspend, or refuse to
issue certificates of registration.

        (e) To promulgate rules and regulations required for 
    the administration
of this Act.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

 


    (225 ILCS 310/8)  (from Ch. 111, par. 8208)




    (Section scheduled to be repealed on January 1, 2022)
    Sec. 8. Requirements for registration. 

    (a) Each applicant for registration shall apply to the 
Department in
writing on a form provided by the Department.  
Except as otherwise provided in
this Act, each applicant shall 
take and pass the examination approved by the
Department.   Prior 
to registration, the applicant shall provide substantial

evidence to the Board that the applicant:


        (1) is a graduate of a 5-year 5 year interior design 
    program from an
accredited institution and has completed at 
    least 2 years of full-time full time
diversified interior 
    design experience;


        (2) is a graduate of a 4-year 4 year interior design 
    program from an
accredited institution and has completed at 
    least 2 years of full-time full time
diversified interior 
    design experience;


        (3) has completed at least 3 years of interior design 
    curriculum
from an accredited institution and has 
    completed 3 years of full-time full time
diversified 
    interior design experience;


        (4) is a graduate of a 2-year 2 year interior design 
    program from an
accredited institution and has completed 4 
    years of full-time full time diversified
interior design 
    experience; or


        (5) (blank).

    (b) In addition to providing evidence of meeting the 
requirements of
subsection (a), each :
(1) Each applicant for 
registration as a registered interior designer shall
provide 
substantial evidence that he or she has successfully completed 
the
examination administered by the National Council for 
Interior Design
Qualifications.


        (2) (Blank).

    Examinations for applicants under this Act may be held at 
the direction of
the Department from time to time but not less 
than once each year.  The scope
and form of the examination 
shall conform to the National Council for Interior
Design 
Qualification examination for interior designers.

    (b-5) Each applicant for registration who possesses the 
necessary
qualifications shall pay to the Department the 
required registration fee,
which is not refundable, at the time 
of filing his or her application.

    (c) An individual may apply applying for original 
registration prior to passing the examination. He or she shall 
have 2 years after 3 years from the
date of filing an 
application to pass the examination complete the application 
process. If evidence and documentation of passing the 
examination is received by the Department later than 2 years 
after the individual's filing the process
has not been 
completed in 3 years, the application shall be denied and the

fee forfeited. The applicant may reapply at any time, but shall 
meet the requirements
in effect at the time of reapplication.

    (c) (Blank).


    (c-5) (Blank).

    (d) Upon payment of the required fee, which shall be 
determined by rule,
an applicant who is an architect licensed 
under the laws of this State may,
without examination, be 
granted registration as a registered interior designer by the 
Department provided the applicant submits
proof of an active 
architectural license in Illinois.

    (e) (Blank).

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

 


    (225 ILCS 310/9)  (from Ch. 111, par. 8209)




    (Section scheduled to be repealed on January 1, 2022)
    Sec. 9. Expiration; renewal; restoration. 

    (a) The expiration date and renewal period for each 
certificate of
registration issued under this Act shall be set 
by rule.  A registrant may
renew such registration during the 
month preceding its expiration date by
paying the required 
renewal fee.

    (b) Inactive status.


        (1) Any registrant who notifies the Department in 
    writing on forms
prescribed by the Department may elect to 
    place his or her certificate of
registration on an inactive 
    status and shall, subject to rules of the
Department, be 
    excused from payment of renewal fees until he or she 
    notifies the
Department in writing of his or her desire to 
    resume active status.


        (2) Any registrant requesting restoration from 
    inactive status shall be
required to pay the current 
    renewal fee and shall be required to restore
his or her 
    registration.


        (3) Any registrant whose registration is on inactive 
    status shall
not use the title "registered interior 
    designer"
in the State of Illinois.


        (4) Any registrant who uses the title "registered 
    interior designer" while his or her
certificate of 
    registration is lapsed or inactive shall be considered to 
    be
using the title without a registration which shall be 
    grounds for
discipline under Section 13 of this Act.

    (c) Any registrant whose registration has expired may have 
his
or her certificate of registration restored at any time 
within 5 years
after its expiration, upon payment of the 
required fee.

    (d) Any person whose registration has been expired for more 
than
5 years may have his or her registration restored by 
making application to the
Department and filing proof 
acceptable to the Department of his or her fitness to
have his 
or her registration restored, including sworn evidence 
certifying to
active lawful practice in another jurisdiction, 
and by paying the required
restoration fee.  A person using the 
title "registered interior designer" on an expired

registration is deemed to be in violation of this Act.

    (e) If a person whose certificate of registration has 
expired has not
maintained active status in another 
jurisdiction, the Department shall
determine, by an evaluation 
process established by rule, his or her fitness to
resume 
active status and may require the person to complete a period 
of
evaluated practical experience, and may require successful 
completion of
an examination.

    (f) Any person whose certificate of registration has 
expired while he or she
has been engaged (1) in federal or 
State service active duty, or (2) in
training or education 
under the supervision of the United States
preliminary to 
induction into the military service, may have his
or her 
registration restored without paying any lapsed renewal or 
restoration fee
if, within 2 years after termination of such 
service, training or
education, he or she furnishes the 
Department with satisfactory proof that he or she has
been so 
engaged and that his or her service, training, or education has 
been
so terminated.

    (g) An individual applying for restoration of a 
registration shall have 3
years from the date of application to 
complete the application process. If
the process has not been 
completed in 3 years, the application shall be
denied and the 
fee forfeited. The applicant may reapply at any time , but shall 
meet the
requirement in effect at the time of reapplication.

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

 



    (225 ILCS 310/10)  (from Ch. 111, par. 8210)



    (Section scheduled to be repealed on January 1, 2022)

    Sec. 10. Foreign applicants. Upon payment of the required 
fee, an
applicant who is an interior designer currently

registered, certified, or licensed under the laws
of another 
state or territory of the United States or a foreign country
or 
province shall, without further examination, be granted 
registration as
an interior designer, as the case may be,
by 
the Department: (a) whenever the requirements of such state or 
territory of the United
States or a foreign country or province 
were, at the date of
registration, certification, or licensure, 
substantially equal to or greater than
the requirements then in 
force in this State. ; or

        (b) whenever such requirements of another state or 
    territory of the
United States or a foreign country or 
    province together with
educational and professional 
    qualifications, as distinguished from practical

    experience, of the applicant since obtaining a license as 
    an interior designer
 in such state or territory of the 
    United
States are substantially equal to the requirements 
    in force in Illinois at the
time of application for 
    registration.

(Source: P.A. 96-1334, eff. 7-27-10.)

 


    (225 ILCS 310/13)  (from Ch. 111, par. 8213)




    (Section scheduled to be repealed on January 1, 2022)
    Sec. 13. Refusal, revocation or suspension of 
registration. The Department may refuse to issue, renew, or 
restore or may revoke, suspend,
place on probation, reprimand 
or take other disciplinary action as the
Department may deem 
proper, including fines not to exceed $5,000 for
each 
violation, with regard to any registration for any one or 
combination
of the following causes:


        (a) Fraud in procuring the certificate of 
    registration.


        (b) Habitual intoxication or addiction to the use of 
    drugs.


        (c) Making any misrepresentations or false promises, 
    directly or
indirectly, to influence, persuade, or induce 
    patronage.


        (d) Professional connection or association with, or 
    lending his or her name, to
another for illegal use of the 
    title "registered interior designer", or professional 
    connection or association with any person,
firm, or 
    corporation holding itself out in any manner contrary to 
    this Act.


        (e) Obtaining or seeking to obtain checks, money, or 
    any other items of
value by false or fraudulent 
    representations.


        (f) Use of the title under a name other than his or her 
    own.


        (g) Improper, unprofessional, or dishonorable conduct 
    of a character
likely to deceive, defraud, or harm the 
    public.


        (h) Conviction in this or another state, or federal 
    court, of any crime
which is a felony, if the Department 
    determines, after investigation, that
such person has not 
    been sufficiently rehabilitated to warrant the public

    trust.


        (i) A violation of any provision of this Act or its 
    rules.


        (j) Revocation by another state, the District of 
    Columbia, territory, or
foreign nation of an interior 
    design or residential interior design license, 
    certification, or
registration if at least one of the

    grounds for that revocation is the same as or the 
    equivalent of one of the
grounds for revocation set forth 
    in this Act.


        (k) Mental incompetence as declared by a court of 
    competent jurisdiction.


        (l) Being named as a perpetrator in an indicated report 
    by the
Department of Children and Family Services pursuant 
    to the Abused and
Neglected Child Reporting Act, and upon 
    proof by clear and convincing
evidence that the registrant 
    has caused a child to be an abused child or
neglected child 
    as defined in the Abused and Neglected Child Reporting Act.

        (m) Aiding or assisting another person in violating any 
    provision of this Act or its rules.
        (n) Failure to provide information in response to a 
    written request made by the Department within 30 days after 
    receipt of the written request.
        (o) Physical illness, including, but not limited to, 
    deterioration through the aging process or loss of motor 
    skill that results in the inability to practice interior 
    design with reasonable judgment, skill, or safety. 
    The Department shall deny a registration or renewal 
authorized by
this Act to any person who has defaulted on an 
educational loan guaranteed
by the Illinois Student Assistance 
Commission; however, the Department may
issue a certificate of 
registration or renewal if such person has
established a 
satisfactory repayment record as determined by the
Illinois 
Student Assistance Commission.

    The Department may refuse to issue or may suspend the 
registration
of any person who fails to file a return, or to 
pay the tax, penalty, or
interest showing in a filed return, or 
to pay any final assessment of tax,
penalty, or interest, as 
required by any tax Act administered by the
Illinois Department 
of Revenue, until such time as the requirements of any
such tax 
Act are satisfied.

    The entry of a decree by any circuit court establishing 
that any person
holding a certificate of registration under 
this Act is a person subject to
involuntary admission under the 
Mental Health and Developmental Disabilities
Code shall 
operate as a suspension of that registration.  That person may

resume using the title "registered interior designer" only upon 
a finding by the Board that he or she has been determined to be 
no
longer subject to involuntary admission by the court and 
upon the Board's
recommendation to the Director that he or she 
be permitted to resume using the title
"registered interior 
designer".

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

 
    Section 15. The Unified Code of Corrections is amended  by 
changing Section 5-5-5 as follows:
 


    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)




    Sec. 5-5-5. Loss and Restoration of Rights. 

    (a) Conviction and disposition shall not entail the loss by 
the
defendant of any civil rights, except under this Section 
and Sections 29-6
and 29-10 of The Election Code, as now or 
hereafter amended.

    (b) A person convicted of a felony shall be ineligible to 
hold an office
created by the Constitution of this State until 
the completion of his sentence.

    (c) A person sentenced to imprisonment shall lose his right 
to vote
until released from imprisonment.

    (d) On completion of sentence of imprisonment or upon 
discharge from
probation, conditional discharge or periodic 
imprisonment, or at any time
thereafter, all license rights and 
privileges
granted under the authority of this State which have 
been revoked or
suspended because of conviction of an offense 
shall be restored unless the
authority having jurisdiction of 
such license rights finds after
investigation and hearing that 
restoration is not in the public interest.
This paragraph (d) 
shall not apply to the suspension or revocation of a
license to 
operate a motor vehicle under the Illinois Vehicle Code.

    (e) Upon a person's discharge from incarceration or parole, 
or upon a
person's discharge from probation or at any time 
thereafter, the committing
court may enter an order certifying 
that the sentence has been
satisfactorily completed when the 
court believes it would assist in the
rehabilitation of the 
person and be consistent with the public welfare.
Such order 
may be entered upon the motion of the defendant or the State or

upon the court's own motion.

    (f) Upon entry of the order, the court shall issue to the 
person in
whose favor the order has been entered a certificate 
stating that his
behavior after conviction has warranted the 
issuance of the order.

    (g) This Section shall not affect the right of a defendant 
to
collaterally attack his conviction or to rely on it in bar 
of subsequent
proceedings for the same offense.

    (h) No application for any license specified in subsection 
(i) of this
Section granted under the
authority of this State 
shall be denied by reason of an eligible offender who
has 
obtained a certificate of relief from disabilities, as
defined 
in Article 5.5 of this Chapter, having been previously 
convicted of one
or more
criminal offenses, or by reason of a 
finding of lack of "good moral
character" when the finding is 
based upon the fact that the applicant has
previously been 
convicted of one or more criminal offenses, unless:

        (1) there is a direct relationship between one or more 
    of the previous
criminal offenses and the specific license 
    sought; or

        (2) the issuance of the license would
involve an 
    unreasonable risk to property or to the safety or welfare 
    of
specific individuals or the general public.

    In making such a determination, the licensing agency shall 
consider the
following factors:

        (1) the public policy of this State, as expressed in 
    Article 5.5 of this
Chapter, to encourage the licensure and 
    employment of persons previously
convicted of one or more 
    criminal offenses;

        (2) the specific duties and responsibilities 
    necessarily related to the
license being sought;

        (3) the bearing, if any, the criminal offenses or 
    offenses for which the
person
was previously convicted will 
    have on his or her fitness or ability to perform
one or

    more such duties and responsibilities;

        (4) the time which has elapsed since the occurrence of 
    the criminal
offense or offenses;

        (5) the age of the person at the time of occurrence of 
    the criminal
offense or offenses;

        (6) the seriousness of the offense or offenses;

        (7) any information produced by the person or produced 
    on his or her
behalf in
regard to his or her rehabilitation 
    and good conduct, including a certificate
of relief from 
    disabilities issued to the applicant, which certificate 
    shall
create a presumption of rehabilitation in regard to 
    the offense or offenses
specified in the certificate; and

        (8) the legitimate interest of the licensing agency in 
    protecting
property, and
the  safety and welfare of specific 
    individuals or the general public.

    (i) A certificate of relief from disabilities shall be 
issued only
for a
license or certification issued under the 
following Acts:

        (1) the Animal Welfare Act; except that a certificate 
    of relief from
disabilities may not be granted
to provide 
    for
the
issuance or restoration of a license under the 
    Animal Welfare Act for any
person convicted of violating 
    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane 
    Care for Animals Act or Section 26-5 or 48-1 of the 
    Criminal Code of
1961 or the Criminal Code of 2012;

        (2) the Illinois Athletic Trainers Practice Act;

        (3) the Barber, Cosmetology, Esthetics, Hair Braiding, 
    and Nail Technology Act of 1985;

        (4) the Boiler and Pressure Vessel Repairer Regulation 
    Act;

        (5) the Boxing and Full-contact Martial Arts Act;

        (6) the Illinois Certified Shorthand Reporters Act of 
    1984;

        (7) the Illinois Farm Labor Contractor Certification 
    Act;

        (8) the Registered Interior Designers Design Title 
    Act;

        (9) the Illinois Professional Land Surveyor Act of 
    1989;

        (10) the Illinois Landscape Architecture Act of 1989;

        (11) the Marriage and Family Therapy Licensing Act;

        (12) the Private Employment Agency Act;

        (13) the Professional Counselor and Clinical 
    Professional Counselor
Licensing and Practice
Act;

        (14) the Real Estate License Act of 2000;

        (15) the Illinois Roofing Industry Licensing Act;
        (16) the Professional Engineering Practice Act of 
    1989;
        (17) the Water Well and Pump Installation Contractor's 
    License Act;
        (18) the Electrologist Licensing Act;

        (19) the Auction License Act;
        (20) the Illinois Architecture Practice Act of 1989;
        (21) the Dietitian Nutritionist Practice Act;
        (22) the Environmental Health Practitioner Licensing 
    Act;
        (23) the Funeral Directors and Embalmers Licensing 
    Code;
        (24) (blank);
        (25) the Professional Geologist Licensing Act;
        (26) the Illinois Public Accounting Act; and
        (27) the Structural Engineering Practice Act of 1989.


(Source: P.A. 100-534, eff. 9-22-17.)


 
    Section 20. The Mechanics Lien Act is amended by changing 
Section 1 as follows:
 



    (770 ILCS 60/1)  (from Ch. 82, par. 1)



    Sec. 1. Contractor defined; amount of lien; waiver of lien; 
attachment of lien; agreement to waive; when not enforceable.

    (a) Any person who shall by any contract or contracts, 
express or
implied, or partly expressed or implied, with the 
owner of a lot or
tract of land, or with one whom the owner has 
authorized or knowingly
permitted to contract, to improve the 
lot or tract of land or for the purpose of improving the tract 
of land, or to manage a
structure under construction thereon, 
is known under this Act as a contractor and has a lien upon the 
whole of such lot or tract of land and upon adjoining or 
adjacent lots or tracts of land of such owner constituting the 
same premises and occupied or used in connection with such lot 
or tract of land as a place of residence or business; and in 
case the contract relates to 2 or more buildings, on 2 or more 
lots or tracts of land, upon all such lots and tracts of land 
and improvements thereon for the amount due to him or her for 
the material, fixtures, apparatus, machinery, services or 
labor, and interest at the rate of 10% per annum from the date 
the same is due. This lien extends to an estate in fee, for 
life, for years, or any other estate or any right of redemption 
or other interest that the owner may have in the lot or tract 
of land at the time of making such contract or may subsequently 
acquire and this lien attaches as of the date of the contract.
    (b) As used in subsection (a) of this Section, "improve" 
means to furnish labor, services, material, fixtures, 
apparatus or
machinery, forms or form work in the process of 
construction where
cement, concrete or like material is used 
for the purpose of or in the
building, altering, repairing or 
ornamenting any house or other building,
walk or sidewalk, 
whether the walk or sidewalk is on the land or bordering

thereon, driveway, fence or improvement or appurtenances to the 
lot or
tract of land or connected therewith, and upon, over or 
under a sidewalk,
street or alley adjoining; or fill, sod or 
excavate such lot or tract of
land, or do landscape work 
thereon or therefor; or raise or lower any house
thereon or 
remove any house thereto, or remove any house or other 
structure
therefrom, or perform any services or incur any 
expense as an architect,
structural engineer, professional 
engineer, land surveyor, registered interior designer, or

property manager in, for, or on a lot or tract of land for any 
such purpose;
or drill any water well thereon; or furnish or 
perform labor or services as
superintendent, time keeper, 
mechanic, laborer or otherwise, in the
building, altering, 
repairing or ornamenting of the same; or furnish
material, 
fixtures, apparatus, machinery, labor or services, forms or 
form
work used in the process of construction where concrete, 
cement or like
material is used, or drill any water well on the 
order of his agent,
architect, structural engineer, registered 
interior designer, or superintendent having charge of the

improvements, building, altering, repairing, or ornamenting 
the same.
    (c) The taking of additional
security by the contractor or 
sub-contractor is not a waiver of any
right of lien which he 
may have by virtue of this Act, unless made a
waiver by express 
agreement of the parties and the waiver is not
prohibited by 
this Act.

    (d) An agreement to waive any right to enforce or claim any 
lien under this Act, or an agreement to subordinate the lien, 
where the agreement is in anticipation of and in consideration 
for the awarding of a contract or subcontract, either express 
or implied, to perform work or supply materials for an 
improvement upon real property is against public policy and 
unenforceable. This Section does not prohibit release of lien 
under subsection (b) of Section 35 of this Act, nor does it 
prohibit an agreement to subordinate a mechanics lien to a 
mortgage lien that secures a construction loan if that 
agreement is made after more than 50% of the loan has been 
disbursed to fund improvements to the property.

(Source: P.A. 98-764, eff. 7-16-14.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2018.